Queensland Consolidated Acts

RETIREMENT VILLAGES ACT 1999

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement

           Division 2--Objects

   3.      Objects

           Division 3--Interpretation and basic concepts

   4.      Definitions
   5.      What is a retirement village
   6.      What is retirement village land
   7.      What is a retirement village scheme
   8.      Who is a retirement village scheme operator
   9.      Who is a resident
   10.     What is a residence contract
   11.     What is an existing residence contract
   12.     What is a service agreement
   13.     What is a public information document
   14.     What is an ingoing contribution
   15.     What is an exit fee
   16.     What is an exit entitlement
   17.     What is a capital replacement fund
   18.     What is a capital replacement fund contribution
   19.     What is a maintenance reserve fund
   20.     What is a maintenance reserve fund contribution
   21.     What is a retirement village dispute
   22.     What is a retirement village issue

           Division 4--Operation of Act

   23.     Application of Act
   24.     Application of Body Corporate and Community Management Act 1997
   25.     Application of Fair Trading Act 1989
   26.     Certain age restrictions on residence not unlawful

           Part 2--Retirement village schemes

           Division 1--Registration

   27.     Application for registration of a retirement village scheme
   28.     Registration of retirement village scheme
   28A.    Deregistration of retirement village scheme
   29.     Appeal to District Court
   30.     Time for appealing
   31.     Starting appeals
   32.     Powers of court on appeal
   33.     Effect of court's decision on appeal
   34.     Offence to operate etc. an unregistered retirement village scheme

           Division 2--Retirement village scheme register

   35.     Retirement village scheme register
   36.     Scheme operator to give notice about inaccuracy in public information document
   37.     Public information document forms part of residence contract

           Division 3--Chief executive may apply for court orders

   38.     Chief executive may apply for order appointing a manager of a retirement village
   39.     Additional power of chief executive to seek an order

           Division 4--Cancelling registration of retirement village

   40.     Applying to cancel registration
   41.     Cancelling registration

           Part 3--Residence contracts

           Division 1--Purpose and intention of part

   42.     Purpose and intention of part

           Division 2--General

   43.     Scheme operator may enter into residence contract only if scheme is registered
   44.     Person signing residence contract to be given copy
   45.     Content of residence contract
   45A.    Scheme operator to give notice of end of cooling-off period in particular circumstances
   46.     Dealing with ingoing contribution
   47.     Dealing with instruments assigning property under a residence contract

           Division 3--Rescinding residence contracts

   48.     Residence contract may be rescinded during cooling-off period
   49.     Reassignment of property acquired in cooling-off period
   50.     Scheme operator to compensate assignor if property assigned in cooling-off period is not reassigned

           Division 4--Terminating right to reside

   51.     Definition for div 4
   52.     Termination by resident
   53.     Termination by scheme operator
   54.     Resident may ask for estimate statement of resident's exit entitlement
   55.     Right to reside in a retirement village terminates automatically on resident's death

           Division 5--Reselling resident's right to reside

   56.     Interpretation for div 5
   57.     Application of div 5
   58.     Necessary reinstatement work
   59.     Scheme operator to ensure reinstatement work to be completed
   60.     Scheme operator and former resident to agree on resale value of accommodation unit
   61.     Who pays for work in freehold interest scheme
   62.     Who pays for work in leasehold or licence scheme
   63.     When former resident's exit entitlement payable
   64.     Units not sold within 6 months
   65.     Scheme operator to tell resident of all offers for accommodation unit
   66.     Accepting offers at less than agreed resale value
   67.     Updating agreed resale value
   68.     Costs of selling
   69.     Limited ground for scheme operator to refuse to accept offer
   70.     Valuer
   70A.    Valuer's independence

           Division 5A--Relative's right to reside

   70B.    Relative's right to reside after death or vacation

           Division 6--Enforcing residence contracts

   71.     Enforcing residence contract
   72.     Restriction on enforcing residence contract
   73.     Limit on scheme operator's liability for breach of residence contract

           Part 4--Other documents relating to retirement village schemes

   74.     Form and content of public information document
   75.     Accommodation information
   76.     Residents' contributions information
   77.     Information about payments scheme operator must make to a resident
   78.     Funds information
   79.     Facilities information
   80.     Information about retirement village land
   81.     Residents' rights information
   82.     Resale process information
   83.     Dispute resolution information
   84.     Public information document to be given to prospective resident
   85.     Residents' access to certain documents
   86.     False or misleading documents

           Part 5--Operation of schemes for, and management of, retirement villages

           Division 1--Operator and employees of village

   87.     Definitions for div 1
   88.     Persons prohibited from operating a retirement village scheme etc.
   88A.    Investigations about scheme operators etc.
   88AA.   Costs of criminal history report
   88B.    Confidentiality of criminal history

           Division 2--Exercise of power of attorney by scheme operator

   89.     Power of attorney

           Division 3--Capital improvement

   90.     Responsibility for capital improvement of retirement village
   90A.    Responsibility for capital improvement of resident's accommodation unit
   90B.    Residents jointly responsible for capital improvements requested at residents meeting
   90C.    Responsibility of former resident for capital improvement
   90D.    Quotes for capital improvements
   90E.    Money received for capital improvement

           Division 4--Capital replacement fund

   91.     Capital replacement fund
   92.     Amount of capital replacement fund
   93.     Capital replacement fund budget
   94.     Payments into capital replacement fund
   95.     Restriction on investing capital replacement fund amounts
   96.     Resident liable for replacing certain capital items

           Division 5--Maintenance reserve fund

   97.     Maintenance reserve fund
   98.     Amount of maintenance reserve fund
   99.     Maintenance reserve fund budget
   100.    Payments into maintenance reserve fund
   101.    Restriction on investing maintenance reserve fund amounts

           Division 6--Charges for personal services

   102.    Charges for personal services for former residents

           Division 7--Charges for general services

   102A.   General services charges budget
   103.    Working out and paying charges for general services for residents
   104.    Working out and paying charges for general services for former residents
   105.    General services charges for unsold right to reside in accommodation units
   106.    Increasing charges for general services
   107.    Resident's responsibility for paying increased general services charge
   107A.   Considering more cost-effective alternate services
   108.    New services to be approved by majority of residents

           Division 8--Insurance

   109.    Definitions for div 8
   110.    Scheme operator must insure village

           Division 9--Financial accounts and statements

   111.    Scheme operator must keep separate accounts for capital replacement fund and maintenance reserve fund
   112.    Quarterly financial statements
   113.    Annual financial statements
   113A.   Classification of expenditure

           Part 6--Statutory charges over retirement village land

           Division 1--Preliminary

   114.    Application of pt 6

           Division 2--Creating a statutory charge, its effect and priority

   115.    Definition for div 2
   116.    Creating a charge
   117.    Charge extends to new land
   118.    Effect of charge
   119.    Priority of charge

           Division 3--Enforcing a statutory charge

   120.    Enforcing a charge
   121.    Orders court may make
   122.    Effect of court order

           Division 4--Extinguishing and releasing a statutory charge

   123.    Extinguishing a charge
   124.    Scheme operator may ask for release of charge if land stops being retirement village land
   125.    Chief executive to release charge

           Division 5--Exemption from charges

   126.    Exemption from charges

           Part 7--Residents participation

           Division 1--Residents committee

   127.    Residents committee
   128.    Residents constitution
   129.    Committee's function
   129A.   Minutes of meetings
   129B.   Residents committee may require scheme operator to attend meeting about budgets

           Division 2--By-laws

   130.    Residents may make, change or revoke by-laws

           Division 3--Residents meetings

   131.    Annual meeting
   132.    Other meetings

           Division 4--Voting

   133.    Voting

           Part 8--Enforcement

           Division 1--Inspectors

   134.    Appointment
   135.    Limitation of inspector's powers
   136.    Inspector's appointment conditions
   137.    Inspector's identity card
   138.    Production or display of inspector's identity card

           Division 2--Powers of inspectors
           Subdivision 1--Entry of places

   139.    Power to enter places
           Subdivision 2--Procedure for entry
   140.    Entry with consent
   141.    Application for warrant
   142.    Issue of warrant
   143.    Warrants—procedure before entry
           Subdivision 3--Powers after entry
   144.    General powers after entering places
   145.    Failure to help inspector or give inspector information
           Subdivision 4--Power to seize evidence
   146.    Power to seize evidence from places
   147.    Receipts for seized things
   148.    Inspector to allow inspection etc.
   149.    Obligation to return seized things
           Subdivision 5--Power to obtain information
   150.    Power to require production of documents
           Subdivision 6--General enforcement matters
   151.    Obstructing etc. an inspector
   152.    Compensation

           Part 9--Dispute resolution

           Division 1--Preliminary

   153.    Parties' rights under this part preserved
   154.    Preliminary negotiation

           Division 2--Mediators

   155.    Mediator's function
   156.    Matters that may be mediated

           Division 3--Mediation of retirement village disputes

   157.    Notice of retirement village dispute
   158.    Registrar to act on dispute notice
   159.    Right of representation
   160.    Conference to be held in private
   161.    Parties attendance at conference not compellable
   162.    Parties to mediation conference
   163.    Mediation agreements
   164.    No official record of mediation conference
   165.    Withdrawal of dispute

           Part 10--Applications to tribunal

           Division 1--Preliminary

   166.    Applications generally

           Division 2--Applications about retirement village disputes

   167.    Application for reference of dispute

           Division 3--Applications about other retirement village issues

   169.    Resident's right to apply for an order if threatened with removal, deprivation or restriction
   170.    Resident may apply for order if given false or misleading documents
   171.    Former resident may apply for order for payment of exit entitlement

           Division 4--Group applications

   173.    Application to tribunal by group of residents

           Division 5--Representation

   174.    Who may represent a resident before the tribunal

           Part 11--Tribunal hearings of retirement village issues

           Division 2--Tribunal orders

   191.    Tribunal orders generally
   192.    Tribunal orders under section 169
   193.    Tribunal orders under section 170
   194.    Tribunal orders under section 171
   197.    Orders of tribunal to be complied with
   199.    Restricted right to question tribunal's hearing and order

           Part 12--The tribunal

   209.    Tribunal's function
   210.    Tribunal's jurisdiction

           Part 13--Other provisions for mediation conferences and tribunal hearings

           Division 2--General

   215.    Exclusion of other jurisdictions

           Part 14--Miscellaneous

   219.    Starting offence proceedings
   220.    Appointments and authority
   221.    Evidentiary provisions
   222.    Act's remedies not exclusive
   223.    Protection from liability
   224.    Responsibility for acts or omissions of representatives
   225.    Executive officers must ensure corporation complies with Act
   226.    Annual report on operation of Act
   227.    Approval of forms
   227A.   Delegation of chief executive's powers
   228.    Regulation-making power

           Part 15--Transitional and savings provisions

           Division 1--Transitional provisions for Act No. 71 of 1999

   229.    Existing retirement village schemes
   230.    Existing exempt organisations and retirement villages
   231.    Releasing certain existing charges
   232.    Apportionment of balance where separate funds maintained
   233.    Apportionment of balance where single fund maintained for maintenance and repairs
   234.    Apportionment of balance where single fund maintained for capital replacement and maintenance and repairs
   235.    Existing regulations
   236.    Existing by-laws
   237.    Retirement Villages Act 1988 references

           Division 2--Transitional provisions for Retirement Villages Amendment Act 2006

   237A.   Exit fees
   237B.   Notice about inaccuracy in public information document
   237C.   Notice of end of cooling-off period
   237D.   Reinstatement work
   237E.   Budgets
   237F.   General services charges for former residents
   237G.   Insurance

           Part 16--Repeal and amendment

   238.    Repeal
           SCHEDULE DICTIONARY
           Endnotes