New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - REG 7

7 Resident

(1) A person who is a resident of a retirement village only because:

(a) he or she:

(i) is the spouse of another resident, and

(ii) occupies residential premises in the retirement village with that resident, or

(b) he or she:

(i) is the other party to a de facto relationship with another resident, and

(ii) occupies residential premises in the retirement village with that resident,

is prescribed for the purposes of the definition of "resident" in section 4 (1) of the Act if the person continues to occupy the residential premises concerned after the other resident dies or otherwise permanently vacates the premises.

(2) However, if the other resident has died, subclause (1) does not apply if the terms of that other resident’s will are such as to require (whether directly or indirectly) the person to vacate the residential premises concerned.

Note: The will might provide, for example, for a bequest of a sum of money that the deceased resident’s estate can raise only by delivering vacant possession of the residential premises to the operator of the village so as to obtain a refund of the deceased resident’s ingoing contribution.