New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 115

Determination of expenditure by Tribunal

115 Determination of expenditure by Tribunal

(1) If the residents of a retirement village refuse consent to the expenditure itemised in the proposed annual budget, the operator or a resident may apply to the Tribunal for an order in respect of the expenditure proposed for the financial year concerned.
(2) If an application is made under this section, the Tribunal may do one or more of the following--
(a) make interim orders allowing expenditure on all items in the proposed annual budget other than those specified under section 114 (4) (c),
(b) give procedural directions to the parties to facilitate agreement between the parties concerning the proposed expenditure (including directions to prepare new costings for services and to meet and discuss disputed matters),
(c) make recommendations to the parties about the proposed expenditure (including recommendations about the cost and type of the services to be provided),
(d) order that the expenditure is to be as itemised in the proposed annual budget,
(e) order that there is to be no expenditure, or reduced or increased expenditure, on any particular item in the proposed annual budget,
(f) order that there is to be expenditure in a specified amount on an item that does not appear in the proposed annual budget,
(g) order that the expenditure is to be as specified in the order,
(h) determine liability for expenses (if any) incurred from the commencement of the financial year to which the proposed annual budget relates until the date on which an order under paragraph (d), (e), (f) or (g) is made,
(i) make any other order prescribed by the regulations for the purpose of this section.
(3) If--
(a) the operator makes an application under this section, and
(b) the Tribunal does not, before the commencement of the financial year to which the proposed annual budget relates, make an order that gives rise to an approved annual budget,
the operator may, until the Tribunal makes the relevant order, expend money received by way of recurrent charges to meet the reasonable and necessary costs of operating the village.
(4) In determining an application made by the operator under this section, the Tribunal may review any expenditure made under subsection (3) and may order that the operator is liable for so much of that expenditure as it considers was not reasonable or necessary.
(5) If the Tribunal gives directions or makes recommendations for further action under subsection (2), it may adjourn the proceedings for a report from the parties and, if necessary, take further action under subsection (2) when proceedings resume.
(6) In determining an application made under this section, the Tribunal may have regard to the following--
(a) the reasonable cost of services provided (or proposed to be provided) in the village,
(b) the need for the services to be provided in the village,
(c) any other relevant matter.
(7) If the Tribunal receives an application under this section at the same time as (or while there is before it) an application under section 108 in relation to recurrent charges payable at the same retirement village, it must make a determination under this section before making a determination under section 108.



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