RETIREMENT VILLAGES ACT 2012

Table of Provisions

• Long Title

PART 1--PRELIMINARY

• 1 Name of Act  
• 3 Dictionary  
• 4 Notes  
• 5 Offences against Act—application of Criminal Code etc  

PART 2--OBJECTS AND IMPORTANT CONCEPTS

• 6 Objects of Act  
• 7 Meaning of operator  
• 8 Meaning of residence right  
• 9 Meaning of sale, sale price and contract for the sale of  
• 10 Meaning of retirement village  
• 11 Meaning of ingoing contribution  
• 12 Meaning of registered interest holder and registered long-term  
• 13 Meaning of capital gain  
• 14 Meaning of permanently vacated residential premises  
• 15 Consent of residents  
• 15A Application to residents and operators of former retirement villages  

PART 3--REPRESENTATIONS AND INFORMATION ABOUT RETIREMENT VILLAGES

• 16 Advertising or promoting village before development approval given  
• 17 Advertising without approval for facilities  
• 18 Exceptions to prohibitions on advertising  
• 19 Representation that complex is retirement village  
• 20 Giving information inconsistent with disclosure statement  
• 21 Information about services and facilities  
• 22 Making certain representations—promotional material  
• 22A Making certain representations—aged care services  
• 23 General inquiry document  
• 24 Disclosure statement  
• 25 Failure to attach disclosure statement to village contract  
• 26 Entering into village contract less than 14 days after giving disclosure  
• 27 Orders for provision of general inquiry document or disclosure  
• 28 Information to be given to prospective residents  
• 29 Copies of certain documents to be made available  
• 30 Certain documents to be given on request  
• 31 Orders for documents  

PART 4--ENTRY INTO RETIREMENT VILLAGES

• 32 Definitions—pt 4  
• 33 Requesting or accepting waiting list fees  
• 34 Repayment of waiting list fees—prospective resident enters village  
• 35 Repayment of waiting list fees—prospective resident does not enter village  
• 36 Orders for repayment of waiting list fees  
• 37 Requesting or accepting holding deposit  
• 38 Failure to keep deposits in trust  
• 39 Repaying etc holding deposits and ingoing contributions  
• 40 Orders for repayment of holding deposits and ingoing contributions  

PART 5--VILLAGE CONTRACTS

Division 5.1--General

• 41 Resident to enter village contract  
• 42 Retirement village land to be registered under Land Titles Act  
• 43 Operator must give copy of retirement village notice  
• 44 Application to remove retirement village notice from land titles  
• 45 Inconsistency between village contract and disclosure statement  
• 46 Village contracts must be in writing  
• 47 Operator must allow time for reading of village contract  
• 48 No restriction on right to obtain independent advice  
• 49 Amendment or replacement of village contract  
• 50 Failure to obtain certificate for amendment or replacement of village  
• 51 Costs of obtaining certificate  
• 52 Costs of preparation of village contracts  
• 53 Cooling-off period  
• 54 Rescission of village contract on grounds relating to disclosure  
• 55 Effect of rescission notice  
• 56 Consequences of resident's rescission of service contract  
• 57 Consequences of resident's rescission of residence contract  
• 58 Consequence of resident's rescission of other village contract  
• 59 Condition report for certain residential premises  
• 60 Operator to give resident or prospective resident copy of village  
• 61 Contractual rights of residents against new operator  
• 62 New operator to convene meeting of residents  
• 63 Renovations and alteration of fixtures or fittings  
• 64 Renovations and alteration of fixtures or fittings—ACAT orders  
• 65 Renovations and alteration of fixtures or fittings—limitation of s 63 and s  
• 66 Prescribed matters in village contracts  
• 67 Standard form of village contract  
• 68 Effect of noncompliance with standard form contract  
• 69 Provision for payment of ingoing contributions  
• 70 Parties to minimise loss from breach of village contract  

Division 5.2--Settling-in period for residents

• 71 Meaning of end of the settling-in period—div 5.2  
• 72 Ending of village contract during settling-in period  
• 73 Liability of former occupant if village contract ended during settling-in  
• 74 Operator to refund certain payments made by resident  
• 75 Time for making of payments  
• 76 Former occupant not required to pay certain amounts  

PART 6--GENERAL MANAGEMENT OF RETIREMENT VILLAGES

Division 6.1--Village rules

• 77 Application—div 6.1  
• 77A Meaning of resident—pt 6  
• 78 Subject-matter of village rules  
• 79 Village rules to be consistent with other laws  
• 80 Model village rules  
• 81 Operator may make village rules for new villages  
• 82 Villages without rules  
• 83 Proposed amendment of village rules  
• 84 Operator's objection to proposed amendment of village rules  
• 85 Operator's concern that amendment will impose additional cost  
• 86 Other applications to ACAT about village rules  
• 87 Compliance with village rules  
• 88 Compliance with village rules by people other than operator and  

Division 6.2--Certain obligations of operators

• 89 Certain people not to be operators  
• 90 Operator to provide secure premises  
• 91 Operator to provide safe premises  
• 92 Operator to provide village emergency system on request  
• 93 Failure to provide emergency and home care service vehicles access to retirement  
• 94 Change in services or facilities provided at village  
• 95 Operator not to reduce or withdraw certain services and facilities  
• 96 Consequence of unlawful change in services or facilities  
• 97 Operator not to require residents to patronise particular businesses  
• 98 Operator not to demand power of attorney  

Division 6.3--Certain rights of residents

• 99 Operator to respect rights of residents  
• 100 Restriction of operator's access to residential premises  
• 101 Right to appoint agent  
• 102 Residents to be given access to information about them  
• 103 Residents committees and organisations  
• 104 Membership of residents committee  
• 105 Regulations about residents committees  
• 106 Meetings between residents committee and operator  
• 107 Operator must hold annual management meeting  
• 108 Operator must give notice of annual management meeting  
• 109 Annual management meeting—chair  
• 110 Questions to be answered at annual management meeting  
• 110A Operator must keep minutes of meetings with residents  
• 111 Villages without residents committee  
• 112 Meetings of residents  
• 112A Meetings of residents—methods of communication  
• 113 Attendance at meetings of residents  
• 114 Meetings of residents—attendance by investigator  
• 115 No restrictions on voting  
• 116 Proxies  
• 117 Certain limitations on proxies  
• 118 Effect of certain votes  
• 119 Notice of intention to vacate  

Division 6.4--Right of certain relatives to become residents

• 120 Relative may ask to enter into residence contract  
• 121 Application to ACAT by relative of resident  
• 122 Application to ACAT by operator in relation to possession of premises by relative of  
• 123 Application to ACAT by operator in relation to possession of premises by other  

Division 6.5--Certain obligations of residents

• 124 Residents to respect rights of other people  

Division 6.6--Administrators, receivers and managers

• 125 Application for order appointing administrator  
• 126 No application without consent  
• 127 Order may exempt administrator from certain obligations  
• 128 Effect of appointment  
• 129 Expenses of administration  
• 130 Administrator may amend village contract  
• 131 Revocation of appointment  
• 132 Receivers and managers  
• 133 Protection from liability—administrator, receiver or receiver and  

PART 7--FINANCIAL MANAGEMENT OF RETIREMENT VILLAGES

Division 7.1--Preliminary

• 133A Meaning of resident—pt 7  
• 134 Financial year for retirement village  

Division 7.2--Capital maintenance and replacement

• 135 Definitions—div 7.2  
• 136 Meaning of urgent—div 7.2  
• 136A Capital maintenance and replacement guidelines  
• 137 Operator's obligations—capital maintenance or replacement  
• 138 Residents' obligations—capital maintenance or replacement  
• 139 Resident may carry out urgent work  
• 140 ACAT may make orders for capital maintenance and replacement  
• 141 Funding of certain capital maintenance and capital replacement  
• 142 Capital maintenance to be included in proposed annual budget  
• 143 Capital works fund  
• 144 Misuse capital works fund amounts  
• 145 Retirement village to be insured  
• 146 Sale of capital items to residents  

Division 7.3--Recurrent charges

• 147 Operator to pay certain recurrent charges  
• 148 Amendment of recurrent charges  
• 149 Recurrent charges amended by fixed formula  
• 150 Recurrent charges amended otherwise than by fixed formula  
• 152 Amending certain recurrent charges otherwise than in accordance with  
• 153 Residents consent to amendment  
• 154 ACAT orders—recurrent charges  
• 155 ACAT orders—refund of recurrent charges  
• 156 Failure to give receipt for payment of recurrent charges  
• 157 Reduction of recurrent charges in certain circumstances  

Division 7.4--Proposed and approved annual budgets

• 158 Meaning of proposed annual budget—div 7.4  
• 159 Proposed annual budget  
• 160 Residents may consent to not receiving proposed annual budget  
• 161 ACAT order—proposed annual budget  
• 162 Residents' consent to spending  
• 163 ACAT orders—decisions about spending  
• 164 Proposed annual budget may provide for contingencies  
• 165 Spending to be in accordance with approved annual budget  
• 166 Spending otherwise than in accordance with approved annual budget  
• 167 Amendment of approved annual budget  

Division 7.5--Annual accounts

• 168 Auditing of accounts  
• 169 Copies of annual accounts to be given to residents  
• 170 Accounts need not be audited in certain circumstances  
• 171 Quarterly accounts need not be given to residents in certain  

Division 7.6--Surplus or deficit of accounts

• 173 Any surplus to be carried over  
• 174 Making good of deficit  

PART 8--DISPUTES

Division 8.1--Preliminary

• 174A Meaning of resident—pt 8  
• 175 Other options for dispute resolution  

Division 8.1A--Dispute resolution—disputes committee

• 175A Disputes committee  
• 175B Dispute between operator and resident—notice to dispute  
• 175C Disputes committee—decision  
• 175D Costs of dispute resolution  

Division 8.2--Dispute resolution—ACAT

• 176 Dispute between operator and resident—application to ACAT  
• 177 ACAT jurisdiction  
• 178 Informal resolution of dispute  

Division 8.3--The ACAT

• 180 No monetary limit on jurisdiction of ACAT  
• 181 ACAT orders  

PART 9--ENDING RESIDENCE CONTRACTS

Division 9.1--General principles about ending residence contracts

• 182 How and when residence right or contract ends  
• 183 ACAT cannot end certain residence contracts  
• 184 Notice of intention to seek ending of contract  
• 185 Ending of residence contract if premises uninhabitable etc  
• 186 Ending of residence contract if premises uninhabitable etc—application to ACAT  

Division 9.2--Ending of residence contract by ACAT on application of either operator or resident

• 187 Ending of residence contract on medical grounds  
• 188 Ending of residence contract on grounds of breach of village contract or  

Division 9.3--Ending of residence contract by ACAT on application of operator

• 189 Ending of residence contract on grounds of resident causing serious damage or  
• 190 Ending of residence contract on grounds of upgrade or change of  

Division 9.4--Ending of residence contract by Supreme Court on application of administrator

• 191 Ending of residence contract on grounds of retirement village ceasing to  

Division 9.5--Suspension or refusal of orders for ending of residence contract

• 192 ACAT may suspend or refuse to make order ending residence  

Division 9.6--Recovery of possession of premises

• 193 Prohibition on certain recovery proceedings in courts  
• 194 Person not to recover possession of premises except by order  
• 195 Enforcement of orders for possession  
• 196 Liability of resident remaining in possession  

Division 9.7--Abandonment of premises

• 197 Application—div 9.7  
• 198 Abandoned premises  
• 199 Right of operator to compensation where resident abandons  

Division 9.8--Uncollected goods

• 200 Application—div 9.8  
• 201 Uncollected Goods Act does not apply  
• 202 Delivery of uncollected goods  
• 203 Disposal of uncollected goods  
• 204 Title to sold goods  
• 205 Sale of uncollected goods in contravention of this Act  
• 206 Protection from liability—operator  

PART 10--MATTERS RELATING TO VACATION OF PREMISES

Division 10.1--Preliminary

• 207 Meaning of permanently vacated residential  
• 208 Meaning of sale of residential premises—pt 10  

Division 10.2--Recurrent charges

• 209 Recurrent charges for optional services  
• 210 Recurrent charges for general services—registered interest  
• 211 Recurrent charges for general services—generally  
• 212 Time of payment of recurrent charges  
• 213 Interest on recurrent charges  

Division 10.3--Departure fees

• 214 Meaning of departure fee  
• 215 Meaning of village contract—div 10.3  
• 216 Payment of departure fee  
• 217 Departure fees payable  

Division 10.4--Repair and refurbishment of residential premises

• 218 Meaning of refurbishment—div 10.4  
• 219 Condition of premises on ending of residence contract  
• 220 No refurbishment required  

Division 10.5--Sale or letting of premises by certain residents

• 221 Application—div 10.5  
• 221A Meaning of resident—div 10.5  
• 222 Options  
• 223 Sale of premises  
• 224 Operator not to interfere in sale  
• 225 Costs of sale  
• 226 Buyer and operator to enter contract  
• 227 Seller's application to ACAT concerning proposed buyer  
• 228 ACAT decision in relation to proposed buyer  
• 229 Letting or subletting of premises  
• 230 ACAT decision in relation to proposed tenant or subtenant  
• 231 Effect of granting of residential tenancy agreement under this  
• 232 Operator not to interfere in letting  
• 233 No assignment or subletting  
• 234 Legal ability to sublet  

Division 10.6--Payments to former occupants

• 235 Payments to former occupants who were registered interest holders  
• 236 Statements to former occupants who were registered interest holders  
• 237 ACAT order—recalculation of amount under s 235  
• 238 Payments to former occupants who were not registered interest  
• 238A Statements to former occupants who were not registered interest  
• 239 ACAT order—recalculation of payment under s 238  
• 240 Payments to executors and administrators  

PART 11--PROTECTION OF INGOING CONTRIBUTIONS PAID BY RESIDENTS OTHER THAN REGISTERED INTEREST HOLDERS

• 241 Application—pt 11  
• 242 Creation of charge  
• 243 Disposal of land subject to charge  
• 244 Effect of charge on successors in title  
• 245 Application for enforcement of charge  
• 246 Order for enforcement of charge  
• 247 Priority of interests  
• 248 Order not to disadvantage residents  
• 249 Removal of charge  

PART 12--ADMINISTRATION

• 250 Meaning of judicial body—pt 12  
• 251 Functions of director-general  
• 252 Director-general may issue warning notices  
• 253 Director-general may conduct proceedings  
• 254 Conduct of proceedings by director-general  
• 255 Intervention by director-general  
• 256 Protection from liability  

PART 13--MISCELLANEOUS

• 257 Charging monetary penalty imposed on operator to village operating  
• 258 Charging for certain information  
• 259 Inconsistency between this Act and Civil Law (Sale of Residential Property)  
• 260 Costs of operator's legal advice or proceeding  
• 261 Contracting out of Act  
• 261A Meetings of operators—methods of communication  
• 262 Determination of fees  
• 263 Approved forms  
• 264 Regulation-making power  
• SCHEDULE 1
DICTIONARY ENDNOTES