The dispute procedure
The operator must establish and maintain a written village dispute procedure.
The procedure document must contain:
- the name, phone number, postal address and email address of the primary contact person and the alternative contact person for the village
- how residents may give notice of a dispute
- the process the operator will use to deal with disputes and advise residents of the outcome, including how disputes will be recorded, and what happens if a dispute is not resolved within 72 hours
- information about VicAssist Retirement Villages, the retirement villages conciliation service.
The procedure must be published on the operator's website and must be given to any resident who requests a copy within 2 business days of the request.
Penalties apply for failure to establish, publish or provide a copy of the village’s dispute procedure on request.
Contact persons
The operator must nominate a primary contact person and an alternative contact person.
The alternative contact person receives notice of a dispute when the dispute involves the primary contact person, or when the primary contact person is unavailable or not empowered to deal with the dispute.
The alternative contact person must hold a senior management position in the village and must not be the primary contact person, a relative or friend of the primary contact person, the operator, or (where the operator is a body corporate) the officer who made the nominations.
An operator can seek an exemption from the requirement to nominate an alternative contact person.
Giving notice of a dispute
A resident may give notice of a village dispute verbally or in writing. The village dispute procedure must not require notice to be in writing.
The procedure must not prevent a resident from being represented by another person when dealing with a dispute.
What happens after notice is given
As soon as practicable after receiving notice of a village dispute, the contact person must create a written record of the dispute and give a copy of that record to the resident who gave notice. This obligation does not apply if the contact person reasonably believes the dispute has already been settled to the resident's satisfaction.
If the dispute is not resolved to the resident's satisfaction within 72 hours of notice being given, the operator must also create and maintain a written record of the dispute, including the reasons it is considered unresolved and the actions that will or may be taken. Records must be retained for 7 years.
Resolution and non-resolution
When the operator, primary contact person or alternative contact person considers the dispute is resolved or cannot be resolved, the resident must be notified as soon as practicable.
A notice that the dispute is resolved must set out the details of the resolution.
A notice that the dispute cannot be resolved must set out the reasons and must inform the resident that they may:
Dispute reporting at the annual meeting
The operator must keep a record of all village disputes of which notice has been given, including records of outcomes and actions taken.
At each annual meeting the operator must present a report on:
- the number and nature of disputes in the previous year
- the outcome of each dispute, and
- any changes made or proposed in response.
The report must not identify the parties to any dispute.
Lodge the annual dispute report via myCAV
Within 14 days of the annual meeting, the operator must provide a copy of the dispute report to the Director of Consumer Affairs Victoria each year via myCAV.
For information on how to notify the Director, go to Annual Notification of Village Details.
Penalties apply for failing to provide the report at the annual meeting and to the Director.