Resolving disputes

Disputes can arise between residents and operators of retirement villages, or between two or more residents residing in the same village. While some disputes can be resolved informally, the operator of a retirement village must also have a written dispute resolution policy, which must comply with any requirements prescribed by the regulations [see Retirement Villages Act 2016 (SA) s 45 and Retirement Villages Regulations 2017 (SA) reg 18].

A copy of the policy must be provided to residents within 5 business days of their request [Retirement Villages Act 2016 (SA) s 45(3)].

An operator must take all reasonable steps to resolve a dispute they may have with a resident in accordance with their dispute resolution policy unless the resident agrees to resolve the dispute otherwise or the South Australian Civil and Administrative Tribunal agrees to resolve the dispute between them [s 45(3a)].

A dispute resolution policy must, among other things, address [Retirement Villages Regulations 2017 (SA) reg 18]:

how a resident may make a complaint and to whom
how a dispute will be handled once a complaint is made, including timeframes for responding to complaints
how a resident can resolve a dispute with another resident and the assistance an operator may be able to provide
a resident's right to apply to SACAT if they are not satisfied with the response to their complaint
any requirements of the operator to keep records of complaints.

If the dispute does not resolve despite reasonable attempts in accordance with the dispute resolution policy, a party to the dispute may apply to SACAT to resolve the matters in dispute [Retirement Villages Act 2016 (SA) s 46].

Always seek legal advice before applying to SACAT.

An application may not be made to SACAT concerning an act or omission that occurred more than 4 years beforehand, except with the permission of SACAT [s 46(2)(b)].

If SACAT finds that a party to the dispute has breached the Retirement Villages Act 2016 (SA), a residence contract or a residence rule, or an operator has acted in a harsh and unconscionable manner, SACAT may make orders [s 46(3)]:

to restrain the breach of the Act, contract or rule
to require action to comply with the Act, contract or rule
to pay an amount as determined by the Tribunal
to pay compensation for loss or injury (other than personal injury) caused by a breach of the Act, contract or rule
to require the operator to vary or reverse its decision
to void or modify a residence rule
to prohibit a party from certain action
to void or modify terms or conditions of an agreement between the operator and resident
to require the operator to repay to the resident any amount paid by the resident pursuant to a term or condition of an agreement (that has been avoided or modified by SACAT)
otherwise as appropriate in the circumstances.

SACAT may make an order restraining a person from engaging in certain conduct (a restraining order) if satisfied that [s 46(8a)]:

there is a risk that the person will engage in the conduct, and
such conduct will result in a breach of the Act, a residence contract or a residence rule.

It is an offence to contravene a restraining order [s 46(8c)].

SACAT may at any time refer the dispute for mediation, particularly if mediation has not yet been attempted [South Australian Civil and Administrative Tribunal Act 2013 (SA) s 51].

A dispute as to an exit entitlement may alternatively be brought before a court with jurisdiction to hear and determine a claim founded on contract for the amount in dispute [Retirement Villages Act 2016 (SA) s 46(9)]. Depending on the amount sought, this would most likely be the Magistrates Court or District Court.

For more information about resolving a retirement village dispute, see the SA Government resources on retirement villages.

Resolving disputes : Last Revised: Wed Feb 11th 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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