Orders
Retirement villages division
In retirement village matters, the CTTT can make the following orders under the Retirement Villages Act 1999. The section of the Act, who can apply for the order and time limits are specified in each case.
An application to the CTTT should request at least one of the orders below. This is a guide only and you should refer to the whole of the legislation when making your application.
Village contract
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 24(4) | Payment to former occupant if resident occupies residence without entering a contract (including payment of interest at a rate to be determined by the regulations) | Former occupant | |
| 25(2) | Inconsistency between a village contract and disclosure statement | Resident | |
| 28(4) | Reimbursement of fees paid to legal or other adviser where adviser required by village operator to be used | Resident, prospective resident or administrator or executor of their estate | |
| 30(3) | Payment of all or part resident's legal costs of obtaining certificate of independent advice on variation or new contract | Resident, administrator or executor of their estate | After 28 days of serving of legal practitioner's account on operator |
| 33(1) | Rescission of village contract on non-provision of disclosure statement or if information in it is false and misleading in a material particular | Person to whom or on whose behalf information was provided | Within 3 months after occupying residential premises in village |
| 35(2) & (3) | Dispute regarding terms of a new service contract if old one rescinded by resident | Resident or operator | |
| 36(3) | For the delivery up of title or share documents by rescinding party | Operator or rescinding party | No earlier than 1 month after service of rescission notice |
| 36(8)(a) | An order for compensation, adjustment or accounting where rescinding party has received the benefit of possession of the residential premises | Resident or operator | Up to 3 months after date of rescission |
| 36(8)(b) | An order for payment of damages, costs, expenses arising out of a breach of term, condition or warranty contained or implied in the contract | Resident or operator | Up to 3 months after date of rescission |
| 37(3) | An order for compensation, adjustment or accounting having regard to benefits received by rescinding party | Resident or operator | Up to 3 months after date of rescission |
| 41A(5)(a) | An order permitting the addition, removal or alteration of specified fixtures or fittings on or wthin a residents premises | Resident | |
| 41A(5)(b) & (c) | An order permitting the making of specified renovations or varying the conditions to which the operator's consent is subject | Resident | |
| 43(7) | Where terms of village contract are void due to contradiction of the Act or any other Act or law | Resident | |
| 44D(3) | An order that payment be made within a specified time under the settling in period arrangement (if that payment is not made within timeframes set out) | Former occupant or operator | |
| 82(1) | Directing operator to enter into a village contract with relative or resident+ | Relative of resident | After operator refuses to enter into village contract |
| 82(4) | Tribunal may set terms of village contract between operator and relative or resident and order them to enter into same | Operator or resident | |
| 123(1) | An order that the village contract is harsh, oppressive, unconscionable or unjust | Resident | |
| 128(1)(b) | An order varying or setting aside a provision of a village contract that conflicts with the Act or the regulations | Operator or resident | |
| 128(1)(c)(i) | An order restraining any action in breach of any village contract | Resident/s or operator | |
| 128(1)(c)(ii) | An order that requires performance of any village contract | Resident/s or operator |
+ Only applies to non-owner resident
Top of pageVillage rules
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 52(2) | An order enforcing, prohibiting or modifying proposed amendment to village rules* | Operator | |
| 53(3) | An order for amendment to approved annual budget where change of village rules imposes cost on operator* | Operator | Up to 30 days after notification of refusal to consent |
| 54(1)(a) | Dispute concerning legal validity of a village rule* | Operator or resident | |
| 54(1)(b) | An order setting aside or modifying a village rule that is harsh, unconscionable or oppressive* | Operator or resident | |
| 128(1)(c)(i) | An order that restrains any action in breach of any village rule | Resident/s or operator | |
| 128(1)(c)(ii) | An order that requires performance of any village rule | Resident/s or operator |
* Does not apply to strata scheme or community land scheme villages
Capital maintenance and replacement
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 95(3) | An order requiring the operator to reimburse the resident for costs in carrying out urgent capital maintenance or replacement | Resident | |
| 96(1) | An order directing the operator to carry out specified maintenance of an item of capital within the time specified in the order, or to replace a specified item of capital within the time specified in the order | Resident | |
| 96(2) | An order directing the resident to reimburse the operator for the cost of the maintenance or replacement of the item of capital where the operator is of the opinion that the resident has caused the damage | Operator | |
| 99(7) | Order that distribution of funds in the Capital Works Fund not be distributed as per the residents agreed proposal | Operator |
Recurrent charges
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 62(1)(c) | Reduction in recurrent charges payable due to reduction or withdrawal of services or facilities by operator or permitted by operator | Resident | |
| 62(1)(d) | Payment to the Tribunal of whole or part of recurrent charges until facilities or services are reinstated | Resident | |
| 107(5) | An order requiring the operator to provide information about variation to recurrent charges | Resident | No earlier than 14 days after date of request by Residents Committee under section 107(4) |
| 108(1) | An order in respect of proposed variation of recurrent charges | Operator | Up to 30 days after date of notification of refusal to comment or, if the residents do not notify, up to 14 days after expiry of period under section 107(2) |
| 109(1) | Refund for overpaid recurrent charges | Resident | No later than 12 months after the increase in the charges came into effect |
| 111(2) | Order for abatement or non-abatement of recurrent charges | Operator or resident | |
| 116(4) | Refund of recurrent charges where operator expends same otherwise than in accordance with the approved annual budget or if operator has failed to supply a proposed annual budget for current financial year | Resident | |
| 128(1)(g) | An order for payment of all or part of any recurrent charges payable by a resident to the Tribunal until whole or part of any village contract has been performed or any application for compensation determined | Operator or resident/s | |
| 128(1)(h) | An order requiring payment out of recurrent charges paid to the Tribunal towards cost of remedying a breach of a contract or towards cost of compensation | Resident or operator | |
| 151(2) | An order apportioning recurrent charges between optional services and general services where resident absent from village for 28 consecutive days (does not include let or sub-let) | Operator, resident or former occupant |
Annual budget and accounts
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 113 | Directing the operator to supply a proposed annual budget or approved annual budget | Resident | No earlier than 59 days immediately prior to commencement of the financial year and any time until the end of the financial year |
| 115(1) | An order in respect of the proposed annual budget for the next financial year | Operator or resident | After residents do not consent to the proposed annual budget |
| 120B(3) | An order that the distribution of funds in the annual accounts not be distributed as per the residents agreed proposal | Operator |
Payment of money and compensation
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 17 | An order for operator to pay compensation to the resident if the service or facility concerned is not provided or made available | Resident | |
| 21(4) | Refund of ‘waiting list fee’ | Person who paid it | |
| 23(5) | Refund of ‘holding deposit’ or ‘ingoing contribution’ | Prospective resident or administrator or executor of their estate | |
| 33(3) | Compensation on rescission of a village contract due to false and misleading information in disclosure statement | Person to whom or on whose behalf the information was provided | Within 3 months after occupying residential premises in village |
| 36(2)(a) | Repayment of all money paid by or on behalf of the resident under a residence contract by resident | Rescinding party | After the expiration of 1 month from service or rescission notice |
| 36(5) | Payment of fees or costs associated with rescission of a residence contract by resident | Rescinding party | |
| 62(1)(b) | Payment of compensation for reduction or withdrawal of services or facilities by operator or permitted by operator to be reduced or withdrawn | Resident | |
| 66 | Compensation for breach by village operator of resident's right to quiet enjoyment, interference with resident's autonomy, inhibition of resident exercising self-reliance, harassment or intimidation of resident or non-enforcement of village rules | Resident | |
| 67(4)(a) | Compensation for breach by operator of access provisions to residential premises | Resident | |
| 128(e) | Order for payment of money | Resident or operator | |
| 128(f) | Order for compensation | Resident or operator | |
| 141(1)&(3) | Payment of compensation (including compensation for loss of recurrent charges) for loss to operator for any loss caused to the operator by failure to deliver vacant possession | Operator | |
| 144(1)&(3) | Payment of compensation due to loss caused by operator by abandonment of residential premises+ | Operator | |
| 148(2) | Compensation for failure by an operator to deal with goods otherwise than in accordance with Tribunal orders or regulations+ | Any person with an interest in the goods | Up to 12 months after date operator deals with goods |
| 180(4) | An order directing the operator to pay any payment required to be made to the former occupant/s who were registered interest holders (such payment may include interest at rate determined by the regulations)# | Former occupant | After operator has not made payment in accordance with section 180(2) or if the amount of payment is not calculated in accordance with the Act or any relevant village contract or the conduct of the operator has unfairly had a negative financial impact |
| 181(5)(a)&(b) | Extension of time for payment to former occupants who were not registered interest holders of refund of ingoing fees or order for instalments+ | Operator | No earlier than 1 month before expiry of period in section 181(2)(f) and no later than 14 days after expiry of this period |
| 181(7) | For refund of non-owner former occupant's ingoing contribution that is required to be made under village contract (including interest at rate to be determined by the regulations)+ | Former occupant | |
| 182(1)(a) | For operator to pay any payment required to be made to executor or administrator of former occupants estate under this Division | Operator | Up to 14 days after due date for payment |
+ Only applies to non-owner resident
# Only applies to owner resident (including owner as defined in section 150(1)(b)
Termination and vacant possession
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 82(2) | Order for relative of resident to deliver vacant possession+ | Operator | After relative refuses to enter village contract and refuses to deliver vacant possession |
| 82(7) | Order for delivery of vacant possession by a person who has been living with the resident who has vacated the premises where that person is not a relative as defined in the Act+ | Operator | After the person refuses to deliver vacant possession |
| 133(1) | An order for termination and vacant possession on grounds of unsuitability of premises due to resident's physical or mental incapacity+ | Operator or resident | |
|
132(3) (also operates as section 111 application) |
An order determining condition of the premises (after service of Notice of Termination on grounds due to condition etc. of premises) | Operator or resident | Up to 7 days after date of notification of differing opinion as to condition of premises |
| 134(1) | Order for termination and vacant possession due to breach by resident of village contract or village rule+ | Operator | No later than 14 days after service of termination notice |
| 134(2) | Order for termination and vacant possession due to breach by operator of village contract or village rule+ | Resident | No later than 14 days after service of termination notice |
| 135(1) | Order for termination and vacant possession on grounds that resident is likely to intentionally or recklessly cause or permit serious damage to any part of village or injury to operator, employee or other resident+ | Operator | Up to 30 days after alleged incident became known to operator |
| 136(1) | An order for termination and vacant possession if substantial works in village require same or use of lands required for other purpose+ | Operator | At least 12 months after Notice of Termination has been given by the applicant, DAs approved and alternative accommodation found or made available |
| 137(2) | Payment of an occupation fee specified by the Tribunal for the period for which the order for possession is suspended+ | Resident or operator | |
| 140(1) | Request issue of warrant of possession | Operator | Up to 30 days after date fixed for vacation by earlier Tribunal order |
| 143(1) | An order that the residential premises has been abandoned+ | Operator | |
| 146(1) | An order for delivery of uncollected goods+ | Former resident or other person having an interest in the goods | Any time before goods are disposed of under section 147 |
| 147(1) | An order for disposal of uncollected goods+ | Operator |
No earlier than 30 days after date of notice required under section 147(2). If that notice cannot be given, application cannot be made earlier than 30 days after date on which: a) The former resident vacated premises concerned (if the residence contract was terminated by order of the Tribunal) b) The residence contract was terminated (in any other case) |
| 161(1) | An order reducing or waiving a former occupant's liability for departure fee after former occupant has permanently vacated | Former occupant | |
| 163(6)(a) & (b) | Determining dispute regarding repairs to premises required by operator after vacant possession given+ | Former occupant | Up to 3 months after date of receipt of claim |
| 165(2) | Determining dispute regarding cost of refurbishment after vacant possession given (if residence contract was in force prior to commencement of this Act)+ | Former occupant or operator |
+ Only applies to non-owner resident
Sale or letting of premises
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 171(4)(b) | An order that the operator is not obliged to enter into a service contract with a proposed purchaser# | Operator | No later than 14 days after being notified by vendor that a contract for sale has been entered into and after advising vendor of refusal by operator |
| 172(1) | An order directing the operator to enter into a service contract # | Vendor | After expiration of 14 days of notification to vendor of contract for sale being entered into |
| 172(2) | An order requiring the operator to enter into a service contract with a purchaser that is substantially in the same form as the sample contract# | (Vendor) resident | |
| 173(3)&(4) | An order setting terms of service contract to be entered into# | Anciliary order under sections 171(4) & 172(2) | |
| 173(5) | For operator to pay compensation to vendor and/or purchaser for delay and inconvenience for failing to enter into a service contract with purchaser substantially in accordance with the sample contract# | Anciliary order if application made by resident vendor under section 172(2) | Only if Tribunal makes an order pursuant to section 172(2) for the operator to enter into the service contract with the purchaser |
| 174(6)(b) | An order declaring that the operator is not obliged to consent to the letting or sub-letting of the residential premises by the resident# | Operator | No later than 7 days after receiving written details of proposed tenant as required by section 174(4) |
# Only applies to owner resident (including owner as defined in section 150(1)(b)
Security and safety
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 58(4) | An order that the residential premises have locks or other security devices in good working order | Resident | |
| 58A(4) | An order relating to the safety of the village if the resident believes in good faith that it is not safe | Resident | |
| 59(3) | An order directing the operator to provide or arrange for a village emergency system (requested by special resolution) | Resident |
Other orders
Section |
Orders |
Who can apply? |
Time limits (if applicable) |
| 18(6) | For operator to provide general inquiry document or disclosure statement | Prospective resident | No earlier than 14 days after date of request for disclosure statement |
| 20(4) | For provisions of other disclosure documents | Prospective resident or person acting on behalf of prospective resident | |
| 62(1)(a) | For reinstatement of service or facility that has been withdrawn or reduced by an operator or permitted by an operator to be withdrawn or reduced | Resident | |
| 67(3) | An order authorising entry of operator or other person to the residential premises | Operator | |
| 67(4)(b) | For operator to comply with access restrictions to the residential premises | Resident | |
| 69(2) | For operator to supply resident with a copy of information held by the operator about the resident | Resident | |
| 70(4) | For determination as to which body or committee is the Residents Committee if there are competing bodies/committees | Operator or resident | |
| 72(4) | For operator involved in management of village to meet with Residents Committee | Resident | After a reasonable request to meet with the Residents Committee is not complied with |
| 83(3) | An order directing resident not to permit interference or interfere with the peace, comfort and privacy of another resident, not to harass or intimidate operator and employees/agent, to refrain from acting in a matter adversely affecting occupational health and safety of persons working in village | Operator | |
| 122(1) | An order resolving any dispute between owner and operator | Operator or resident (resident's nominated representative may apply) | |
| 128(1)(a) | An order directing compliance with the Act or the regulations | Resident/s or operator | |
| 128(1)(l) | An order prescribed by the regulations for the purposes of section 128 | Resident/s or operator |