Retirement Villages Act 2012
181ACAT orders
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181 ACAT orders (1) The ACAT may, on application by a resident or the operator of a retirement village, make 1 or more of the following orders: (a) an order directing the resident or operator to comply with a requirement of this Act; Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104). (b) an order that amends or sets aside a provision of a village contract that conflicts with this Act; (c) an order that— (i) restrains any action in breach of a village contract or village rule; or (ii) requires the performance of a village contract or village rule; (d) an order directing the resident or operator to perform the work, or take the steps, stated in the order to remedy a breach of a village contract or village rule;
The ACAT Division 8.3 (e) an order for the payment of an amount of money; (f) an order for compensation; (g) an order that requires payment to the ACAT of all or part of any recurrent charges payable by a resident to the operator until the whole or part of a village contract has been performed or an application for compensation has been decided; (h) an order that requires payment (out of recurrent charges paid to the ACAT) towards the cost of remedying a breach of a contract or towards the cost of compensation; (i) for an application in relation to any other dispute made by the resident or the operator that is subject to a community title scheme, and with the agreement of the other party to the dispute—any order that the ACAT may make under the Community Title Act 2001 to decide the dispute; (j) for an application in relation to any other dispute made by the resident or the operator that is subject to a units plan, and with the agreement of the other party to the dispute—any order that the ACAT may make under the Unit Titles (Management) Act 2011 to decide the dispute; (k) any other order prescribed by regulation. (2) Nothing in this section limits the orders that the ACAT may make under this Act. Note The ACT Civil and Administrative Tribunal Act 2008, s 35 provides for the ACAT, before the hearing of an application, to order mediation if the ACAT considers that the matter is suitable for mediation and is reasonably likely to be resolved by mediation.