However, such committees have no impact on the management of the village. The operator must agree to any by-laws involved and where there are any inconsistencies with the contract, the contract will prevail. The dispute resolution scheme is new to Retirement Village Legislation fitting with the increased trend towards the use of alternative dispute resolution methods. It requires a compulsory attempt to resolve the dispute within the village itself. If this fails, there is an optional mediation process before a tribunal hearing.
Lawyers can represent parties at both mediation and a tribunal hearing.
The effect of this legislation will be that Retirement Village Operators will have to conform to a much stricter regime than they have been accustomed. Residents will find that the increased disclosure, whilst ultimately affording them more protection, will mean that the volume of information they receive before entering into a contract will require them, in most instances, to seek professional assistance. We receive many enquiries from our clients asking if there are any special circumstances under which superannuation can be accessed prior to retirement. Although the government is continually making it more difficult to access these funds, conditions do apply where you may be able to access your super depending on the rules of the fund. If you have been receiving a Department of Social Security or Veterans Affairs pension for the previous 26 weeks and you cannot meet your reasonable and immediate family living expenses you are eligible to apply for early access.