New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 108

108 Determination by Tribunal

(1) An operator of a retirement village may apply to the Tribunal for (and the Tribunal may make) an order in respect of a proposed variation of recurrent charges if--

(a) the consent of the residents of the retirement village is required before the proposed variation can take effect, and

(b) the residents do not consent to the proposed variation under section 107.

(2) The Tribunal may, on application by the operator--

(a) order that the proposed variation is to take effect, with or without modification, or

(b) order that the proposed variation is not to take effect.

(3) An order under subsection (2) (a) may--

(a) specify the date from which the variation is to take effect (which may be a date other than the date specified by the operator in the notice given under section 106), and

(b) order that the recurrent charges are not to be further varied for a specified period, being a period that does not exceed 12 months.

(4) In determining an application made under this section, the Tribunal may have regard to the following--

(a) the general market level of recurrent charges paid at similar retirement villages in the locality of the retirement village concerned or a similar locality,

(b) the level and cost of services and facilities provided for in the proposed annual budget or approved annual budget (as the case may be),

(c) any proposed variations (including additions) to those services and facilities, being variations to which the residents have consented,

(d) the cost of general services required to be provided by the operator,

(e) the frequency and amount of past variations of the recurrent charges,

(f) if the retirement village is subject to a community land scheme or strata scheme--the amounts of levies and other contributions payable by the residents under the Community Land Management Act 2021 or the Strata Schemes Management Act 2015 ,

(g) any other relevant matter.