178Informal resolution of dispute

178 Informal resolution of dispute (1) Nothing in division 8.1A (Dispute resolution—disputes committee) or this division— (a) requires a resident or the operator of a retirement village to attempt to resolve a dispute under either or both of those divisions; or (b) prevents a resident and the operator of a retirement village from attempting to resolve a dispute in another way agreed between the parties. (2) Also, nothing in division 8.1A requires a resident or the operator of a retirement village to attempt to resolve a dispute under that division before applying to the ACAT for an order in relation to the dispute. Note A resident need not use the dispute resolution procedures in this division before pursuing a retirement village complaint under the Human Rights Commission Act 2005 (see s 175).

(3) However, any term of a village contract that provides that the parties to the contract must attempt to resolve disputes between them by a process other than the process provided for under this Act is void. Note The ACT Civil and Administrative Tribunal Act 2008, s 35 provides for the ACAT to, before the hearing of an application, order mediation if the ACAT considers that the matter is suitable for mediation and is reasonably likely to be resolved by mediation.