Dispute Resolution Procedure
1. Purpose:
The purpose of this policy is to ensure that any expression of dissatisfaction (complaint) or formal disagreement (dispute) is handled transparently, fairly, and promptly.
This policy complies with the Retirement Villages Amendment Act 2025 (Vic) and ensures residents can raise concerns without fear of reprisal or disadvantage.
2. Scope:
This policy applies to all residents and management within the Village. It covers:
- Management Disputes: Issues regarding village operations, fees, or services.
- Resident Disputes: Disagreements between two or more residents.
3. Definitions:
|
Term |
Definition |
|
Act |
Retirement Villages Amendment Act 2025 (Vic) |
|
Code of Conduct Administrator |
Matt Parker General Manager of Operations Email: [email protected] Phone: 0400 188 567 |
|
Complaint |
An expression of dissatisfaction, often resolved informally within 72 hours. |
|
Dispute |
A matter that has not been resolved through the complaints process and requires a more formal process. |
|
Management Dispute |
A dispute between a resident and the operator/manager, previously referred to as a complaint. |
|
Regulations |
Retirement Villages Regulations 2026 (Vic) |
|
Resident |
Primary Contact Person |
|
Resident Dispute |
A dispute between residents. |
|
Representative |
A person (family, friend, or advocate) appointed by the resident to support them. Referred to as an Alternative Contact Person in the act |
|
Village Manager |
- Accessibility: Complaints can be made verbally or in writing.
- Timeliness: Specific 72-hour and 10-day benchmarks for updates.
- Natural Justice: Decisions are made by unbiased parties after hearing all sides.
- Confidentiality: Privacy is maintained in accordance with the Privacy Act 1988.
5. Dispute Resolution Process
Step 1: Making a Complaint (Early Resolution) | Residents may lodge a complaint with the Village Manager or staff via: Phone – Email – or in person – At the Village Management Office · Initial Action: The Manager will listen, document the concern, and attempt immediate resolution. · The 72-Hour Rule: If a complaint is not resolved within 72 hours (excluding weekends/holidays), it must be formally entered into the Complaints Register, and a progress file must be opened.
|
Step 2: Formal Internal Process (Dispute) | If the matter is escalated to a “Dispute”: 1. Notification: All parties involved will be notified in writing within 5 business days. 2. Investigation: The Manager (or the Code of Conduct Administrator if the complaint is against the Manager) will gather evidence and witness statements. 3. Mediation: With the consent of all parties, internal mediation may be facilitated. 4. Communication: Parties will receive progress updates every 10 business days.
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Step 3: Outcome | The final decision will be provided in writing, detailing: · The decision and the reasons behind it. · Any actions to be taken (with specific timeframes). · Options for external appeal if the resident is unsatisfied.
|
6. External Dispute Resolution
If the internal process does not reach a resolution, residents may contact:
- Consumer Affairs Victoria (CAV): For advice or formal conciliation under the scheme as prescribed in the Act.
- Victorian Civil and Administrative Tribunal (VCAT): For a legally binding decision.
- Retirement Living Code Administrator: For villages signatory to the Code of Conduct. The Code of Conduct Administrator at your Village is the General Manager of Operations Centennial Living.
7. Documentation & Reporting
- Registers: Management must maintain separate Resident Disputes and Management Disputes
- Record Retention: All records, including evidence and correspondence, must be kept for a minimum of 7 years.
- Annual Reporting: A de-identified summary of disputes (types, numbers, and systemic improvements) must be presented at the Annual Meeting of Residents
8. Resident Rights
- Residents have the right to a Support Person or Representative at any meeting.
- Residents may seek Independent Legal Advice at any stage.
- Management is prohibited from taking “retaliatory action” against any resident who raises a complaint in good faith under the 2025 Act.
Downloadable Village Dispute Resolution Forms
Related Documents:
Resident Deputes Register
Management Disputes Register
Resident & Management Disputes Policy Staff Sign Off
Resident & Management Disputes Initiation Form
References
The Privacy Act 1988 (Cth)
Retirement Villages Amendment Act 2025 (Vic)
Retirement Villages Regulations 2026 (Vic)
Equal Opportunity Act 2010 (Vic)
Resident & Management Dispute Policy |
|
Version 2 – April 2026 | |
Review Date: September 2026 |