General News
7 October, 2026
Non-negotiable
A NEWLY-formed community committee has made it clear that a reopening of the empty Cootharinga Gardens facility must be honoured under the same legal promise originally made to Babinda’s elderly residents.
Addressing a public information session at the Babinda Picture Theatre on Tuesday night, the freshly appointed committee laid out its roadmap to resolve the protracted impasse surrounding the independent seniors’ living complex.
The meeting gave local residents their first opportunity to hear directly from the executive of the refreshed Babinda District Aged Care Association, led by newly-elected president Carly Francis.
At the heart of the committee’s stance is a statutory covenant registered on the land title, which explicitly restricts the site's use to a community care centre, retirement facility or residential care facility for aged persons.
Ms Francis said the covenant was non-negotiable, reflecting both the community’s original fundraising drive and Cairns council’s initial land grant.
“Our position is that the covenant must be honoured, not varied, softened or worked around,” Ms Francis told The Observer.
“We want that covenant to remain, so our seniors are looked after in our own community,” she said.
That call has now received a decisive boost following Cairns Regional Council's latest ordinary meeting last week.
In a closed session, Cairns Regional Council resolved unanimously to protect the facility's intended purpose, including leaving ownership with Cootharinga and protecting the title.
Specifically, council decided to:
Leave ownership with Cootharinga: Council chose not to trigger its right to buy or transfer the site back, leaving the property in Cootharinga’s hands
AdvertisementKeep the protective lock on the title: Council resolved to retain the statutory covenant, legally locking in the site exclusively for independent seniors living, retirement, community care or aged care accommodation
Hand negotiation power to the CEO: chief executive officer Ken Gouldthorp was delegated full authority to negotiate and finalise all remaining matters related to keeping the site with Cootharinga.
The facility has remained shuttered despite acute demand for local seniors housing across the district.
When the project previously transitioned to regional service provider Cootharinga North Queensland, the local association handed over more than $100,000 in community-raised funds to support its operation.
Ms Francis pointed out that ,while the committee is not disputing past arrangements, the ongoing stalemate and empty buildings are untenable while local retirees are forced to move away or enter full residential aged care prematurely.
“It just is crazy, the longer it goes,” she said. “There are people who, unfortunately, are living elsewhere that could be in their own community here, in independent living.
“It’s a perfect facility for it and that’s what we want to see.”
“We need to be mindful that we don’t call it an aged care facility, because it’s not,” she explained.
“It’s kind of the in-between step. Unfortunately, there are people living in aged care facilities who could be in an independent living facility, simply because there is no option for them in a small town like Babinda.”
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