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RETIREMENT VILLAGES ACT 1999 - As at 1 February 2024 - Act 71 of 1999

- As at 1 February 2024 - Act 71 of 1999

Table of Provisions

PART 1 - PRELIMINARY

Division 1 - Introduction

  • 1 Short title
  • 2 Commencement

Division 2 - Objects of Act and relationship with FTI Act

Division 3 - Interpretation and basic concepts

Division 4 - Operation of Act

PART 2 - RETIREMENT VILLAGE SCHEMES

Division 1 - Registration

Division 2 - Retirement village scheme register

Division 3 - Chief executive may apply for court orders

  • 38 Chief executive may apply for order appointing a manager of a retirement village
  • 38A Management and administration of retirement village scheme by manager
  • 39 Additional power of chief executive to seek an order

Division 4 - Cancelling registration of retirement village

  • 40 Definition for division
  • 40A Notice about cancelling registration
  • 40B Requirement to prepare closure plan
  • 40C Meaning of closure plan
  • 40D Approval of closure plan
  • 40E Revision of approved closure plan
  • 40F Requirement to implement approved closure plan
  • 40G Discontinuing closure of retirement village scheme
  • 40H Applying to cancel registration
  • 41 Cancelling registration
  • 41A Application to tribunal for review

Division 5 - Change of scheme operator

  • 41B Definitions for division
  • 41C Notice about change of scheme operator
  • 41D Requirement to prepare transition plan
  • 41E Meaning of transition plan
  • 41F Approval of transition plan
  • 41G Revision of approved transition plan
  • 41H Requirement to implement approved transition plan
  • 41I Discontinuing change of scheme operator
  • 41J Effect of change of scheme operator
  • 41K Application to tribunal for review

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 Form and 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  • 48 Residence contract may be rescinded during cooling-off period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
  • 53A How to work out particular exit fee for a residence contract
  • 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 and valuing resident’s right to reside

  • 56 Interpretation for div 5
  • 57 Application of div 5
  • 58 Reinstatement of accommodation unit
  • 59 When reinstatement work must be completed
  • 59A Renovation work by scheme operator
  • 60 Scheme operator and former resident to agree on resale value of accommodation unit
    • 61. (Repealed) 62. (Repealed)
  • 63 When former resident’s exit entitlement payable
  • 63A Scheme operator must enter into and complete contract to purchase freehold property
  • 63B Timing of purchase
  • 63C Contract requirements
  • 63D Purchase price of freehold property
  • 63E Contract may require reimbursement of scheme operator’s legal costs
  • 63F No sales commission payable on mandatory buyback
  • 63G Exit fee
  • 63H Relative residing in unit under s 70B
  • 63I Non-application of particular legislation to contract
  • 64 Units not sold within 6 months
  • 65 Scheme operator to tell resident of all offers for accommodation unit
  • 66 Working out exit entitlements
  • 67 Updating agreed resale value every 3 months
  • 67A Updating agreed resale value if exit entitlement is payable before right to reside is sold
  • 68 Costs of selling
  • 69 Limited ground for scheme operator to refuse to accept offer
  • 70 Valuer
  • 70A Valuer’s independence
  • 70AB Submissions to valuer
  • 70AC Matters to be considered by valuers
  • 70AD Valuer may require information from scheme operator

Division 5A - Relative’s right to reside

  • 70B Relative’s right to reside after death or vacation

Division 5B - Exemptions from particular obligations relating to former residents

Subdivision 1 - Preliminary
  • 70C Definitions for division
    • Subdivision 2 - Exemptions
  • 70D Declaration of exemption
  • 70E Effect of exemption
  • 70F Scheme operator must notify changes relevant to exemption
  • 70G Chief executive may require information about exempt scheme
    • Subdivision 3 - Transitional provisions for start of exemption
  • 70H Application of subdivision
  • 70I Exit entitlement payments
  • 70J Uncompleted contract to purchase freehold property
  • 70K Failure to complete purchase of freehold property before exemption starts
  • 70L Proceedings for offences
    • Subdivision 4 - Transitional provision for end of exemption
  • 70M End of exemption

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 Village comparison documents
  • 75 Prospective costs documents
  • 76 Condition reports at start of residency
  • 77 Condition reports at end of residency
    • 78. (Repealed) 79. (Repealed) 80. (Repealed) 81. (Repealed) 82. (Repealed) 83. (Repealed)
  • 84 Relevant information documents to be given to prospective residents
  • 85 Access to operational documents by residents and prospective residents
  • 86 Misleading or deceptive conduct
  • 86A Scheme website

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 - General services charges fund

  • 102AA General services charges fund
  • 102A General services charge budget
  • 103 Working out and paying general services charges for residents
  • 104 Working out and paying general services charges and maintenance reserve fund contributions for former residents
  • 105 General services charges and maintenance reserve fund contributions for unsold right to reside in accommodation units
  • 106 Increasing the total general services charge
  • 107 Allowable increase in total general services charge
  • 107A Considering more cost-effective alternative services
  • 108 New services to be approved by majority of residents

Division 8 - Insurance

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
  • 112A Explanation of increase in general service charge
  • 113 Annual financial statements
  • 113A Classification of expenditure

Division 9A - Requirements for financial documents

  • 113AA Form and content of financial documents
  • 113AB Requirement to provide draft budgets and independent quantity surveyor’s written report

Division 10 - Redevelopment of retirement villages

  • 113B Definition for division
  • 113C Application of division
  • 113D Requirement to prepare redevelopment plan
  • 113E Meaning of redevelopment plan
  • 113F Approval of redevelopment plan
  • 113G Revision of approved redevelopment plan
  • 113H Requirement to implement approved redevelopment plan
  • 113I Discontinuing running redevelopment of retirement village
  • 113J Application to tribunal for review

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

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

PART 8 - RIGHTS AND OBLIGATIONS OF SCHEME OPERATOR, RESIDENTS AND OTHERS

  • 134 Purpose and enforceability of part
  • 135 Scheme operator to respect rights of residents
  • 136 Residents to respect rights of others
    • 137. (Repealed) 138. (Repealed) 139. (Repealed) 140. (Repealed) 141. (Repealed) 142. (Repealed) 143. (Repealed) 144. (Repealed) 145. (Repealed) 146. (Repealed) 147. (Repealed) 148. (Repealed) 149. (Repealed) 150. (Repealed) 151. (Repealed) 152. (Repealed)

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 - (Repealed)

Division 2 - Applications about retirement village disputes

  • 167 Application for reference of dispute
    • 168. (Repealed)

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 scheme operator contravenes particular provisions
  • 171 Former resident may apply for order for payment of exit entitlement
  • 171A Operator may apply for extension of time for payment of exit entitlement or mandatory buyback
    • 172. (Repealed)

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 1 - (Repealed)

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
  • 195 Tribunal order under section 171A
    • 196. (Repealed) 197. (Repealed) 198. (Repealed) 199. (Repealed)

Division 3 - (Repealed)

PART 12 - THE TRIBUNAL

203. (Repealed) 203A. (Repealed) 204. (Repealed) 205. (Repealed) 206. (Repealed) 206A. (Repealed) 206B. (Repealed) 206C. (Repealed) 206D. (Repealed) 207. (Repealed) 208. (Repealed)
  • 209 Tribunal’s function
  • 210 Tribunal’s jurisdiction
    • 211. (Repealed) 212. (Repealed)

PART 13 - OTHER PROVISIONS FOR MEDIATION CONFERENCES AND TRIBUNAL HEARINGS

DIVISION 1 - (Repealed)

Division 2 - General

  • 215 Exclusion of other jurisdictions
    • 216. (Repealed) 217. (Repealed) 218. (Repealed)

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 Review of operation of s 63(1)(c)
  • 226 Chief executive may make guidelines
  • 227 Approval of forms
  • 227AA Requirements about approved forms for residence contracts and other documents
  • 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

Division 3 - Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017

  • 237H Definitions for division
  • 237I Continued operation of public information documents and particular former provisions
  • 237J Approved form of public information documents
  • 237K Continued operation of former provisions relating to reinstatement work
  • 237L Village comparison documents
  • 237M Prescribed period for repayment of exit entitlement
  • 237N Updating agreed resale value
  • 237O Quarterly financial statements
  • 237OA Non-application of pt 2, div 5 to existing contracts
  • 237P (Expired)

Division 4 - Transitional provisions for Health and Other Legislation Amendment Act 2019

  • 237Q Timing of mandatory buyback

Division 5 - Transitional provision for Housing Legislation Amendment Act 2021

  • 237R Exemption of schemes

Division 6 - Transitional provisions for Housing Legislation Amendment Act 2023

PART 16 - REPEAL

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