This week, the NSW Retirement Village Residents Association (RVRA) discusses whether the state needs a Retirement Ombudsman to help preserve the rights of residents.
In the Retirement Village Residents Association (RVRA) July Newsletter, President Craig Bennett, when discussing current RVRA initiatives in preserving rights of retirement village residents, indicated as one of the major issues “at the forefront of our thoughts”:
“…the appointment of an ombudsman for matters relating to accommodation and/or social issues affecting the ageing population”.
We understand that an ombudsman typically intervenes when there is an issue with administrative bodies, but as far as retirement villages (under whatever legislation – RV Act, land lease, build to rent and other community titles) are concerned, we believe that the recourse available to all residents in such community living should either:
- replace or be an alternative to the mediation activity of the Department of Fair Trading, or
- act as a locus of decision (with powers of enforcement and imposition of financial or other penalties) following any actions of Fair Trading being unsuccessful.
Currently, after Fair Trading the next step is an application to the NSW Civil and Administrative Tribunal (NCAT), which appears to be a “last resort”. Aging residents are hesitant about undertaking the arduous process, as they may be relatively computer illiterate and have varying levels of education and advocacy skills, as well as because of the financial, social, health and/or emotional stresses it generates.
The Greiner Inquiry found that there needed to be another step before application to NCAT, and submissions to the Inquiry by the RVRA, the Council on the Ageing (COTA) and others suggested there “is broad support for a retirement village ombudsman” (Greiner Report, 2017:6.5.2).
We would hope that an ombudsman would be well-resourced and not be toothless – having the powers typical for such a position and, in addition:
- offer a user-friendly dispute resolution service, not limited to administrative review, and
- be capable of imposing and enforcing orders for financial compensation or specific performance – with appropriate penalties for breaches.
So, the time is ripe for the appointment of an Ombudsman to settle disputes involving the issues affecting our rapidly expanding older population – including those in retirement villages.
