New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2009 - SCHEDULE 7

SCHEDULE 7 – Provisions relating to consent of residents

(Clause 59)

1 Definitions

In this Schedule:
"ballot" means a ballot conducted at a meeting of residents.
"qualified voter" means a resident of the retirement village.
"returning officer" means a resident (who is not a member of the Residents Committee and is not standing for election to the Residents Committee) selected by a show of hands at a meeting of the residents.

2 Notice of special resolution

If a measure or action requires a special resolution:

(a) a resolution concerning the action or measure must be put to a meeting of residents of the retirement village, and

(b) at least 21 days’ written notice of the meeting must be given to all residents of the village, and

(c) the notice must:

(i) set out the resolution, and

(ii) specify that the resolution is to be put as a special resolution, and

(iii) specify that residents of the village may submit their vote prior to the meeting in writing (and give directions as to the manner in which such a vote is to be recorded and submitted), and

(iv) be accompanied by a ballot paper initialled by the returning officer.

3 Postal votes

(1) A qualified voter may, prior to a meeting in respect of a special resolution, submit his or her vote in writing ( "postal vote") to:

(a) the Residents Committee, or

(b) if there is no such Committee established in the retirement village, to the operator of the village.

(2) The Residents Committee (or, if there is no such Committee established in the retirement village, the operator of the village) must keep all postal votes received prior to the meeting in a safe and secure location.

(3) At the meeting in respect of a special resolution, each postal vote must be accounted for against a current list of residents and be handed to the returning officer.

(4) If a qualified voter has submitted a postal vote in accordance with this clause, that voter may not change or withdraw his or her postal vote or vote in person or by proxy at the meeting in respect of the special resolution.

4 Quorum required for special resolution

(1) A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless there is a quorum present to consider and vote on the resolution.

(2) There is a quorum for considering and voting on such a resolution only if:

(a) a minimum of 5 qualified voters, or 25% of qualified voters (whichever is the greater), or

(b) where the village has fewer than 10 occupied residential premises-the qualified voters from a majority of the occupied residential premises,

is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.

(3) If a quorum, as provided by subclause (2), is not present within the next half hour after the relevant resolution arises for consideration at the meeting, the meeting stands adjourned for at least 7 days.

(4) If a quorum, as provided by subclause (2), is not present within the next half hour after the time fixed for the adjourned meeting, the qualified voters present personally or by proxy or postal vote constitute a quorum for considering that resolution.

5 When written ballot required

(1) The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether or not the vote on the measure or action concerned is to be taken by means of a written ballot.

(2) If 50% or more of the residents present at the meeting decide that the vote is to be taken by means of a written ballot, the vote must be taken by those means.

6 Conduct of written ballot

(1) If a vote is to be taken by means of a written ballot (including a vote on a special resolution), the returning officer must cause sufficient ballot papers to be prepared so that a ballot paper can be given to each qualified voter.

(2) The ballot paper must contain details of the measure or action requiring a vote and directions as to the manner in which a vote is to be recorded and returned to the returning officer.

Note: For example, the ballot paper may have the question to be answered followed by a yes box and a no box and instructions that the voter clearly mark one of the boxes with a tick or a cross.

(3) The returning officer must provide to each qualified voter (or if the qualified voter has a proxy, to the voter’s proxy) at the meeting a ballot paper initialled by the returning officer.

(4) In order to vote on the resolution at the meeting, a qualified voter (or if the qualified voter has a proxy, the voter’s proxy):

(a) must record a vote on the ballot paper in accordance with the directions shown on it, and

(b) must fold the completed ballot paper so that the vote cannot be seen, and

(c) must place the ballot paper in the ballot box.

7 Count of votes

(1) The result of a vote is to be ascertained by the returning officer as soon as is practicable.

(2) The returning officer is to count the votes (whether by written ballot or show of hands) and any postal votes received (in respect of a special resolution) to ascertain the result of the vote.

8 Returning officer’s decision final

If the returning officer is permitted or required to make a decision on any matter under this Schedule, the decision of the returning officer on that matter is final.

9 Report of result

(1) When he or she first ascertains the result of the vote, the returning officer is to announce the result and is then to prepare a written report of the result.

(2) Copies of the report are to be given to the Residents Committee (if there is one) and placed on a notice board in a common area of the retirement village.