Application for exemption under ADA section 44: Caloundra Gardens Retirement Village

Summary

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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:

1. The Applicant utilise existing legislative schemes to clarify the status of Caloundra Gardens before the end of the exemption period.
2. The exemption does not apply to current residents under the age of 50 years.