New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 5

5 Meaning of “retirement village”

(1) For the purposes of this Act, a "retirement village" is a complex containing residential premises that are:

(a) predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied, by retired persons who have entered into village contracts with an operator of the complex, or

(b) prescribed by the regulations for the purposes of this definition.

(2) It does not matter that some residential premises in the complex may be occupied by employees of the operator or under residential tenancy agreements containing a term to the effect that this Act does not apply to the premises the subject of the agreement (instead of being occupied under residence contracts), or that those premises do not form part of the retirement village.

(3) However, a "retirement village" does not include any of the following:

(a) any building or any part of a building used or intended to be used for the provision of residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth, by an approved provider under that Act,

Note: Paragraph (a) excludes from the definition of "retirement village" buildings that are commonly known as Commonwealth-subsidised hostels and nursing homes.

(b) a nursing home within the meaning of the Public Health Act 1991 ,

(c) any building or part of a building intended to be used for the provision of respite care (within the meaning of Aged Care Act 1997 of the Commonwealth),

(d) a residential park (within the meaning of the Residential Parks Act 1998 ),

(e) a place at which accommodation is provided by the Aboriginal Housing Office or the New South Wales Land and Housing Corporation (unless it is provided pursuant to a joint venture, or otherwise in conjunction, with another person or body),

(f) a boarding-house or lodging house,

(g) any accommodation provided in a complex for employees of the complex who are not residents of the retirement village,

(h) any residential premises the subject of a residential tenancy agreement in the form prescribed under the Residential Tenancies Act 1987 to which the operator of a retirement village is a party and that contains a term to the effect that this Act does not apply to the residential premises the subject of the agreement,

(i) any other place or part of a place excluded from this definition by the regulations.