Retirement Villages Act 1999 – 1 December 2014
Retirement Villages Act 1999 – 1 December 2014
Retirement Villages Regulation 2010 – 1 July 2016
Quick to view summary
It is not unlawful for a retirement village scheme operator to discriminate on the basis of age if the discrimination merely limits residence in a retirement village to older members of the community and retired persons. For the definition of ‘retirement village’, refer to section 5 of the Act.
- Sections 4, 5, 26, Schedule
A person may apply in the approved form to the government to register a retirement village scheme. For the definition of ‘retirement village scheme’, refer to section 7 of the Act. The application is to be accompanied with particulars of the land on which the retirement village’s buildings and facilities are, or are to be, constructed; the accommodation units and communal facilities the scheme operator undertakes are, or are to be, available for the village when the scheme is registered, etc. If government registers the scheme, the government must promptly give the applicant a registration certificate, in the approved form, stating the day the scheme was registered.
- Sections 4, 7, 8, 27, 28, 34, 87, 88, 91, 92, 93, 94, 95, 97, 98, 99, 100, 101, 102A, 105, 106, 107A, 108, 111, 113, 113A, 114, 115, 116, 118, 119, Schedule; Regulation 2
A public information document is taken to form part of the resident’s residence contract. If a provision of a public information document is inconsistent with a provision of any other part of the residence contract, the provision that is more beneficial to the resident prevails. Note: A copy of the registration certificate for the retirement village scheme must be attached to the public information document.
- Sections 13, 36, 37, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83
A scheme operator must give a prospective resident of the retirement village a copy of the public information document before the prospective resident enters into a residence contract for the village. For the definition of ‘residence contract’, refer to section 10 of the Act. A scheme operator may enter into a residence contract for the retirement village with someone else only if the scheme is registered under this Act. When a person signs a residence contract with a scheme operator, the operator must immediately give the person a single bound document comprised of: (a) a signed copy of the contract; (b) a public information document relating to the contract; and (c) an unsigned copy of any ancillary contract. Note: The minimum requirements for a residence contract are set out in section 45 of the Act and regulation 3 of the Retirement Villages Regulation 2010.
- Sections 7, 10, 12, 14, 22, 42, 43, 44, 45, 45A, 46, 47, 73, 84, 85, 103, 107, 112, 113, 131, 132, 133, 169, 174, 191, 192, 209, 210, 215, 222; Regulation 3
A person who, personally or for someone else, enters into a residence contract to secure the person’s, or other person’s, right to reside in a retirement village may, by written notice given to the scheme operator, rescind the contract before the cooling-off period ends. For the definition of ‘cooling-off period’, refer to the Schedule dictionary.
- Sections 4, 48, 49, 50, Schedule
A resident may terminate the resident’s right to reside in a retirement village by 1 month’s written notice given to the scheme operator. Termination rights for the scheme operator are set out in section 53 of the Act. Prior to termination, a resident may ask the scheme operator for a written estimate of the resident’s exit entitlement. Within 30 days after the termination date, the former resident and scheme operator under a residence contract are to negotiate in good faith and, if possible, agree in writing on any reinstatement work to be done for the resident’s accommodation unit. For the definition of ‘reinstatement work’, refer to the Schedule dictionary. Also within 30 days after the termination date, the former resident and the scheme operator are to negotiate in good faith and, if possible, agree in writing on the resale value of the right to reside in the accommodation unit. A scheme operator must pay the exit entitlement of a former resident to the person entitled to receive it on or before the sooner of: (a) the day when it must be paid under the former resident’s residence contract; or (b) 14 days after the settlement day. At the same time as an exit entitlement is paid under this section, the scheme operator must give the former resident a written statement showing how the exit entitlement was worked out and the particulars of any fees and charges, etc that are payable by the former resident. If a former resident’s right to reside in a particular accommodation unit is not sold (‘settled’) within 6 months after the termination date, the former resident may engage a real estate agent to effect the sale of the right to reside in the accommodation unit. Note: If the former resident engages a real estate agent to sell the right to reside, the former resident must pay the real estate agent’s costs of the sale, if any, and commission.
- Sections 4, 15, 16, 22, 51, 52, 53, 53A, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 74, 77, 82, 102, 104, 157, 171, 174, 191, 194, 209, 210, 215, Schedule
A relative (who was living in the accommodation when the residence contract was terminated) may have a right to reside in the accommodation unit for 3 months after the day the residence contract is terminated pursuant to section 70B of the Act. Where applicable, this right must be exercised within 14 days of the day the residence contract is terminated by the provision of a written agreement to the scheme operator. Note: The exercise of this right may provide the relative with a further right to enter into a residence contract for the accommodation unit. For the definition of ‘relative’, refer to the Schedule dictionary.
- Section 4, 70B, Schedule
A scheme operator must not exercise or purport to exercise a power conferred on, or exercisable by, the scheme operator under a limited, general or enduring power of attorney given by a resident of the retirement village in favour of the scheme operator.
- Section 89
In most instances, a scheme operator is solely responsible for the cost of the retirement village’s capital improvement, including the capital improvement of the retirement village’s communal facilities owned by the scheme operator. Note: If a resident gives the scheme operator a written request for a particular capital improvement to the resident’s accommodation unit and the scheme operator makes or agrees to make the capital improvement, the resident is solely responsible for the cost of the capital improvement. A resident may give the scheme operator a written request to get quotes for a particular capital improvement to the resident’s accommodation unit. Note: Any reasonable cost associated with getting a quote must be paid by the resident. If a capital item of a retirement village is deliberately damaged by a resident or subjected to accelerated wear caused by a resident’s actions; the resident is liable for the cost of replacing the item.
- Sections 4, 90, 90A, 90B, 90C, 90D, 90E, 96, Schedule
A scheme operator must insure and keep insured, to full replacement value, the retirement village, including the accommodation units, other than accommodation units owned by residents, and the communal facilities.
- Sections 109, 110
The residents of a retirement village may establish, by election conducted among themselves, a residents committee. The function of the residents committee is to deal with the scheme operator on behalf of residents about the day-to-day running of the village and any complaints or proposals raised by the residents. The residents committee must ensure full and accurate minutes are taken of each meeting of the residents committee. Note: The minutes of a residents committee meeting are to be kept by the residents committee for the retirement village and, if there is no residents committee for the retirement village, the scheme operator.
- Sections 127, 128, 129, 129A, 129B
The residents of a retirement village may, by special resolution at a residents meeting and with the agreement of the scheme operator, make, change or revoke by-laws for the village. If there is an inconsistency between a by-law and a provision of a residence contract for the village, the provision of the residence contract prevails to the extent of the inconsistency. For the definition of ‘special resolution’, refer to the Schedule dictionary.
- Sections 4, 130, Schedule
The parties to a retirement village dispute may refer the dispute to a mediation process under Part 9 of the Act only if the parties have attempted to resolve the dispute pursuant to section 154 of the Act. For the definition of ‘retirement village dispute’, refer to section 21 of the Act.
- Sections 21, 22, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 167, 215
Reason for law
To promote consumer protection and fair trading practices in operating retirement villages and in supplying services to residents. (Section 3)
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