Showing posts with label Ombudsman. Show all posts
Showing posts with label Ombudsman. Show all posts

Saturday, 23 October 2021

Victorian Retirement Industry Ombudsman Needed

 Could the need for a Retirement Industry Ombudsman not be more amplified than the real life VCAT case outlined below. A pensioner couple versus the might of a Minter Ellison ready to smite them into legal oblivion, if this couple is wrong in law then the law will do that all by itself. Is this really what the Andrews state government wants for their older citizens living under the umbrella of retirement living. 

The Victorian Civil Administrative Tribunal feature the following on their web site under disputes over goods or services, 'If the claim is for goods and services under $15,000, we generally don’t allow a lawyer or other professional representative to speak for you at VCAT'. The only reason VCAT can approve of legal representation at a hearing is on the basis that 'the Tribunal is satisfied that no other party to the proceeding will be unfairly disadvantaged if the representation is allowed'. VCAT have seen fit to grant a retirement village operator the right for the legal firm Minter Ellison to defend them at a hearing against a pensioner couple in a dispute over just $2,000. Is there not an imbalance created here, an imbalance that is almost immeasurable.

The no legal representation under $15,000.00 principal does not deny either party the right to legal advice prior to a hearing, it only speaks of legal representation at a hearing. For claims relating to goods or services under $15,000.00 each party is generally to present their own case based on legal advice received prior to the hearing, designed to level the playing field, to remove the legal formality of a court room.

VCAT has followed a legal process, the one primary consideration however is that the tribunal must be satisfied that no party will be unfairly disadvantaged. The party negatively impacted here is a pensioner couple and it is difficult to comprehend that this is not so in this case. Would the mere cost to them of their own legal council to represent them at the hearing not qualify as 'unfairly disadvantaged'. Without financial resources a pensioner couple would have to take the role of a Perry Mason against a legal firm such as a Minter Ellison over matters of law, would that not qualify as 'unfairly disadvantaged'.

This is a very good example as to why VCAT is much too often a bridge too far for most if not all retirement living residents, that the road to consumer protection is too long and too arduous. The reality is the effort required defeats all but the hardy, or is it the foolhardy. Who will spend their retirement years standing against the legal might of say a Minter Ellison, there is no greater imbalance here in the battle over just $2,000. There is no greater example of why most retirement village residents no matter how just the motives of their case simply surrender, simply suffer the injustice being done to them. There was once a claim that there is nothing wrong with retirement villages as there are so few complaints, the answer to that is in the cumulative experience of retirement living residents.




Friday, 29 November 2019

Time to Protect Older Victorians

Need for Retirement Village Industry Ombudsman

Monday, 23 September 2019

Retirement Village Industry Shows Ugly Side.

Tuesday, 25 June 2019

Minister Questioned Over Retirement Village Inaction


Tania Maxwell MP Member for Northern Victoria questions Consumer Affairs Minister Marlene Kairouz over the lack of action on Retirement Village reform.


"My adjournment matter is for the Minister for Consumer Affairs.

It is about the ongoing delay in the Government’s response to the report of the Legal and Social Issues Committee’s Inquiry into the retirement housing sector that was tabled in March 2017.
Of all the matters canvassed by the committee in that report, the two to which I would like to direct the most immediate attention are covered by Recommendations 2 and 15.  Respectively, they called on the Government to:
  • review the Retirement Villages Act 1986, following sector-wide concerns especially around dispute resolution and transparency of disclosures; and
  • introduce a new alternative for low cost, timely and binding resolution of disputes, through a new body or by extending the powers of an existing ombudsman.
I wholeheartedly support both those recommendations, because they speak to changes which are still clearly and urgently needed.

Even as recently as last month, the Minister for Consumer Affairs was still saying the Government is committed to holding the review and further considering dispute resolution processes in retirement villages.

So, set against all of that background, the action I seek from the Minister is the provision of a definitive statement on the public record about when the review of the Retirement Villages Act 1986 will specifically begin.  As well as when a new body or extension of the powers of an existing ombudsman will be enacted to protect consumers.  In turn, I also ask that the Minister specify who is conducting the review, what its terms of reference are, and when it will report."

Read the full transcript here:- http://taniamaxwell.com.au/adjournment-review-of-the-retirement-villages-act-1986/




retvill.net logo

Thursday, 20 June 2019

Cost Of Leaving A Retirement Village

The ABC 7.30 Report has drawn attention to continued problems within the Retirement Village Industry.

Emphasis was drawn to the much maligned Deferred Management Fee and the lack of meaningful consumer protection available to residents when something goes wrong in their village.

Take the link below to watch the full story.

https://www.abc.net.au/7.30/the-cost-of-getting-out-of-a-retirement-village/11226126

Wednesday, 12 June 2019

Ambassador Rather Than Ombudsman

Tuesday, 11 June 2019

New Push for Retirement Village Ombudsman

Wednesday, 5 June 2019

Andrews Government Fails To Deliver

Will 2019 Be The Year For Retirement Ombudsman

Saturday, 4 May 2019

Victorian Retirement Living Retirees Least Protected.

Feared Regulator

Monday, 18 March 2019

Professor Fels Calls For Urgent Action On Retirement Villages

Ombudsman - NSW Retirees Have Clear Choice

Thursday, 14 March 2019

Retirement Villages the Greatest Untouched Consumer Protection Issue

Clear Need For Retirement Village Ombudsman

NSW Retirees Have Clear Choice

Tuesday, 5 March 2019

Function of Government

The role of government is to create an environment for commerce to function whilst at the same time protecting retirees and particularly vulnerable retirees from both financial and emotional harm emanating from that function.

The Victorian Retirement Villages Act 1986 provides the environment for commerce to function but fails to fully protect retirees from financial and emotional harm as a result of it.

The Victorian legislative definition of a retirement village in demanding the payment of an 'in-going' amount without the transfer of property ownership is a major contributor to that financial and emotional harm suffered by retirees.


retvill.net

Popular Posts

Labels