Application for exemption under ADA section 44: Caloundra Gardens Retirement Village
Legal
Application for exemption under ADA section 44: Caloundra Gardens Retirement Village
Summary
Download PDF - Final Notice
Download PDF - Application with redactions
Download Word -Notice of grant exemption
The Applicant sought an exemption under section 44 of the ADA so that it may impose a requirement that only persons over the age of 50 years can reside at Caloundra Gardens. The Applicant sought an exemption from the ADA for a period of five years.
The Applicant states that the purpose of applying for an exemption is for the Commission to confirm and clarify the legal status of Caloundra Gardens as a retirement village. The Commission does not have the power to declare Caloundra Gardens as a retirement village thereby providing the Applicant the clarity it seeks. Accordingly, the Commission has granted the exemption for a period of three years to allow the applicant time to utilise existing legislative schemes to clarify the status of Caloundra Gardens.
The exemption is granted subject to the following conditions:
- The Applicant utilise existing legislative schemes to clarify the status of Caloundra Gardens before the end of the exemption period.
- The exemption does not apply to current residents under the age of 50 years.