Page 2671 - Week 07 - Wednesday, 6 June 2012
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about the potential for uncertainty created by the longer period and the potential this has to discourage investment in the ACT. The 2011 bill provided that older contracts remain outside the bill where they are not consistent with the provisions of the bill. This bill gives detailed guidance about the operation of the law in relation to older contracts.
The 2011 bill conferred broad jurisdiction to the ACAT in relation to retirement village disputes. This jurisdiction extends to disputes involving the title to land, which are more appropriately dealt with in the ACT by the Supreme Court. This bill details guidance about the jurisdiction of the ACAT. The 2011 bill provided that the ACAT may only hear a retirement village dispute if a matter has gone through pre-litigation and mediation processes. This bill ensures that mediation is only undertaken where necessary. However, it potentially allows for that to happen.
The 2011 bill does not expressly include a number of rights which are granted by the code and the retirement village legislation which is in place in other jurisdictions. These rights include the right to secure and safe premises, access to emergency vehicles and, if requested, provision of an emergency plan, quiet enjoyment, personal autonomy, freedom from intimidation, restriction on management access, requirements for management to answer questions, the facilitation of resident involvement in the budget process, prohibition on contracting out, protection from operators’ legal costs, and privacy rights in relation to personal information.
The retirement village industry has experienced strong growth in the ACT in the recent past and is anticipated to continue to grow in the future. There are currently around 1,400 retirement village units in 28 retirement villages in the ACT, with more villages expected to be established in the future.
It is important to remember that the operation of retirement villages not only affects those who live and work in them but also has implications for the wider Canberra community. Members will not be surprised to learn that I have been approached by many constituents who are concerned about a family member or friend who is living in a retirement village.
I think it is important to emphasise that, for the most part, living in a retirement village is a very positive experience for residents. However, it is essential that the ACT government act to ensure that all residents and prospective residents are fully informed and have mechanisms in place to deal with issues, as they arise, in a just and expedient manner.
It should be of interest to members to know that currently the ACT is the only Australian state or territory that does not have legislation in place which governs retirement villages. This is of particular importance in light of the Caring for older Australians report handed down by the Productivity Commission. The report suggests that states and territories should retain responsibility for retirement villages but states that they should work together to harmonise existing legislation. In this regard, the ACT cannot be part of the conversation unless it has legislation in place to regulate the retirement village industry. However, I note that harmonisation may be some way
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