Sorting out problems

Most retirement villages offer trouble-free living for their residents and are keen to get any issues sorted out as early as possible. If a problem can't be sorted out easily, residents can complain to the operator. Complaints must be dealt with within 20 working days. If either side is not satisfied with the response by then, they can give a dispute notice. This flowchart shows the process set out in the Code of Practice.

Here are some steps to take when trying to sort out a problem, including making a complaint, and some suggestions about who may be able to help.

Steps to take

  1. Address the issue with the person responsible, whether it's the village manager, staff member or another resident.
  2. If you can't get the issue resolved promptly, go to the village manager or head office if you've already gone to the manager. Good villages value your feedback and will want to get any problems sorted out quickly.
  3. Ask the manager for a copy of the village's procedures for resolving complaints and disputes.
  4. Put your complaint in writing so that it's clear what it's about and when it was made. Ask for a prompt written acknowledgement that sets out how they propose to deal with your complaint and what they propose to do about it.

The Guide to the Act has more information about making a complaint and what to do if the complaint doesn't get resolved.

Who can help?

The residents' committee
Many villages have residents' committees or associations, which are likely to be able to help with common issues experienced in retirement villages and offer assistance and support.

The statutory supervisor
Many 'licence to occupy' villages will have a scheme or statutory supervisor, who will be familiar with your contractual rights and the current Securities Act 1978 requirements and the complaints and disputes procedures adopted by the village. Ask the village supervisor about their role with complaints and disputes.

Your lawyer
For complex issues relating to contractual and legal matters in retirement villages you are likely to need your lawyer's advice and assistance. Make sure your lawyer is independent of the village and experienced in retirement villages.

Health and Disability Commissioner
If your complaint is about health or disability services or facilities, you have rights under the Code of Health and Disability Services Consumers' Rights. The Health and Disability Commissioner website has useful information on your rights and how to make a complaint. It also provides information on how to contact independent advocates who can help.

Tenancy Tribunal
If you rent or lease your retirement village unit, you may be able to take your complaint to the Tenancy Tribunal.

Other organisations
Other organisations that may be able to help include Community Law Centres, Age Concern and Citizens Advice Bureaux.

Tell us

While we don't have a role in sorting out complaints, please tell us about any retirement village issues and complaints and how they were dealt with. The Retirement Commissioner has an education, information and monitoring role and your feedback helps us to keep in touch with issues relating to retirement villages.

 

4 December, 2008

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