RETIREMENT VILLAGES ACT 1999 - SCHEDULE
RETIREMENT VILLAGES ACT 1999 - SCHEDULE
SCHEDULE Dictionary
"2006 Amendment Act" means the Retirement Villages Amendment Act 2006 .
"accelerated wear" means wear that happens more quickly than would have
reasonably been expected.
"accommodation unit" means the part of a retirement village in which a
resident has an exclusive right to reside.
"affected by bankruptcy action" , in relation to an individual, means the
individual, in any jurisdiction—
(a) is bankrupt; or
(b) has compounded with creditors; or
(c) has otherwise taken, or applied to take, advantage of any law about bankruptcy.
"annual meeting" means an annual meeting called under section 131 .
"approved closure plan" means a closure plan approved for the scheme under section 40D or 40E .
"approved form" see section 227 .
"approved provider" means an approved provider under the Aged Care Act 1997 (Cwlth) .
"approved redevelopment plan" means a redevelopment plan approved for the scheme under section 113F or 113G .
"approved transition plan" means a transition plan approved by the chief executive under section 41F or 41G .
"capital improvement" —
(a) means the first time provision of a capital item; and
(b) to the extent it is not inconsistent with paragraph (a) , includes a thing that is a capital improvement under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with capital improvement.
"capital items" include the following—
(a) all buildings and structures located in the retirement village and owned by the scheme operator, including the communal facilities, amenities and accommodation units, other than items that, under the residence contract, are to be maintained, repaired and replaced by the resident;
(b) all plant, machinery and equipment used in the operation of the village, other than items that are body corporate property;Examples for paragraph (b)—communal hot water and air conditioning services, kitchen and dining room equipment, community facility furnishings, gardening equipment, village bus or transportation services
(c) all village infrastructure owned by the scheme operator.Examples for paragraph (c)—roadways, pathways, drainage, sewerage mains, landscaping, electrical distribution systems, water services and connections and distribution systems
"capital replacement fund" see section 17 .
"capital replacement fund budget" see section 93 (1) .
"capital replacement fund contribution" see section 93 (2) (b) .
"chairperson" ...
"closure plan" see section 40C .
"community titles scheme" see the Body Corporate and Community Management Act 1997 , section 10 .
"condition report" means a report that, under section 76 or 77 , is prepared, signed by a scheme operator and given to a resident or former resident.
"conviction" , for part 5 , division 1 , see section 87 .
"cooling-off period" , for a residence contract, means a 14-day period starting on—
(a) the day the contract is signed; or
(b) if the residence contract is subject to a later event happening or another contract being entered into—the day the later event happens or the other contract is entered into.
"day-to-day maintenance" , of a capital item, means maintenance of the item that is carried out regularly and with little expense.
"decision notice" see section 28 (5) .
"deregistration notice" see section 28A (2) .
"dispute notice" see section 157 .
"draft budget" means each of the following—
(a) a draft of a capital replacement fund budget that complies, as far as practicable, with the requirements applying, under part 5 , division 4 , to capital replacement fund budgets;
(b) a draft of a maintenance reserve fund budget that complies, as far as practicable, with the requirements applying, under part 5 , division 5 , to maintenance reserve fund budgets;
(c) a draft of a general services charge budget that complies, as far as practicable, with the requirements applying, under part 5 , division 7 to general services charge budgets.
"excluded contract" means a written contract between an approved provider and another person under which the approved provider agrees to provide residential care to the person that is at least equivalent to the standard of care that would be required for the approved provider to meet the approved provider’s responsibilities under the Aged Care Act 1997 (Cwlth) , chapter 4 .
"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
"exemption start day" , for part 3 , division 5B , see section 70H .
"exempt scheme" , for part 3 , division 5B , see section 70C .
"existing residence contract" see section 11 .
"existing retirement village" means a retirement village existing immediately before the commencement of this Act.
"existing scheme operator" , for part 2 , division 5 , see section 41C (1) .
"exit entitlement" see section 16 .
"exit fee" see section 15 (1) .
"former resident" includes—
(a) a person who, personally or for someone else, entered into a residence contract to secure the person’s or other person’s right to reside in a retirement village; and
(b) the former resident’s personal representative.
"freehold interest" means a fee simple interest in a lot under the Land Title Act 1994 .
"freehold property" , of a resident or former resident, see section 11A .
"FTI Act" see section 3A (1) .
"general services" are services supplied, or made available, to all residents of a retirement village.
Examples of general services—• management and administration• gardening and general maintenance• a shop or other facility for supplying goods to residents• a service or facility for the recreation or entertainment of residents
"general services charge" see section 18B .
"general services charge budget" see section 102A (1) .
"general services charges fund" see section 18A .
"gross ingoing contribution" means the ingoing contribution before any deductions are made.
"ingoing contribution" see section 14 .
"insolvent under administration" ...
"leasehold interest" means an interest created by an instrument of lease for a lot under the Land Title Act 1994 .
"maintenance" , of a capital item—
(a) means the upkeep of the capital item in good condition and efficient working order; and
(b) to the extent it is not inconsistent with paragraph (a) , includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with maintenance of capital items, is maintenance of the capital item.
"maintenance reserve fund" see section 19 .
"maintenance reserve fund budget" see section 99 (1) .
"maintenance reserve fund contribution" see section 20 .
"manager" , of a retirement village, means the person in charge of its day-to-day operation.
"mediation agreement" see section 163 .
"mediation conference" see section 158 .
"mediator" means a person who is—
(a) accredited as a mediator under the Dispute Resolution Centres Act 1990 , section 27AB ; or
(b) approved as a mediator under the Uniform Civil Procedure Rules 1999 ; or
(c) approved as a mediator by the Bar Association of Queensland or the Queensland Law Society Incorporated.
"new scheme operator" , for part 2 , division 5 , see section 41C (1) .
"personal services" are optional services supplied or made available for the benefit, care or enjoyment of a resident of a retirement village.
Examples of personal services—• laundry• meals• cleaning the resident’s accommodation unit
"presiding case manager" ...
"prospective costs document" , for a prospective resident, means a document complying with section 75 (2) containing information relevant to the prospective resident entering into a residence contract.
"public information document" ...
"QCAT information notice" means a notice complying with the QCAT Act , section 157 (2) .
"quantity surveyor" means a person who holds—
(a) a member grade, or a fellow grade, membership with the Australian Institute of Quantity Surveyors; or
(b) an equivalent grade of membership with a successor of the Australian Institute of Quantity Surveyors, by whatever name called.
"quarter" means the 3-month period ending on 31 March, 30 June, 30 September or 31 December.
"real estate agent" means a real estate agent under the Property Occupations Act 2014 .
"redevelopment plan" see section 113E .
"registered" , for part 6 , division 2 , see section 115 .
"registered company auditor" means a person registered as an auditor, or taken to be registered as an auditor, under the Corporations Act , part 9.2 .
"registrar" means the principal registrar under the QCAT Act .
"registrar of titles" means the registrar of titles under the Land Title Act 1994 .
"reinstatement work" , for part 3 , division 5 , see section 56 (1) .
"relative" , of a resident, means the resident’s spouse, mother, stepmother, father, stepfather, sister, stepsister, half-sister, brother, stepbrother, half-brother, child or stepchild.
"relevant conviction" , for part 5 , division 1 , see section 87 .
"repairs" , to a capital item—
(a) means the restoration of the item by fixing or replacing parts of the item; and
(b) to the extent it is not inconsistent with paragraph (a) , includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with repairs to capital items, is repairs to the capital item.
"repealed Act" means the repealed Retirement Villages Act 1988 .
"replacement" , of a capital item—
(a) means the substitution of the same type of item or an equivalent item; and
(b) to the extent it is not inconsistent with paragraph (a) , includes doing something that, under a ruling under the Taxation Administration Act 1953 (Cwlth) dealing with replacement of capital items, is replacement of the capital item.
"residence contract" see section 10 .
"resident" —
(a) see section 9 ; and
(b) for part 3 , division 4 , see section 51 .
"residential care" has the meaning given by the Aged Care Act 1997 (Cwlth) .
"residential care subsidy" has the meaning given by the Aged Care Act 1997 (Cwlth) .
"residents committee" means a committee established under section 127 .
"residents meeting notice" —
(a) for part 2 , division 4 , see section 40B (1) (b) ; or
(b) for part 5 , division 10 , see section 113D (b) .
"retirement village" see section 5 .
"retirement village dispute" see section 21 .
"retirement village issue" see section 22 .
"retirement village land" see section 6 .
"retirement village scheme" see section 7 .
"retirement village scheme operator" see section 8 .
"right to reside" , for part 3 , division 5B , see section 70C .
"running redevelopment" see section 113C (1) .
"scheme" means a retirement village scheme.
"scheme operator" means a retirement village scheme operator.
"security" means an interest, mortgage or other charge in or over land.
"service agreement" see section 12 .
"services charge" means a charge payable by a resident for a general or personal service under a residence contract.
"sold" , for a right to reside in an accommodation unit, means when a contract for the sale of the right is settled.
"special resolution" , at a residents meeting, means a resolution passed—
(a) at the meeting of which the residents are given at least 21 days written notice stating the intention to propose the resolution as a special resolution; and
(b) by at least three-quarters of the persons entitled to vote who vote—(i) personally or by proxy at the meeting; or(ii) by postal ballot.
"termination date" , for part 3 , division 5 , see section 56 .
"transition plan" see section 41E .
"tribunal" means QCAT.
"tribunal panel" ...
"valuer" , for part 3 , division 5 , see section 70 .
"village comparison document" , for a scheme, means the following document as amended from time to time—
(a) for a scheme to which section 237L applies, the document prepared under that section;
(b) otherwise, the document that becomes the village comparison document for the scheme under section 74 (3) .
"wind down" , in relation to a retirement village scheme, means gradually reduce the retirement village’s operations ahead of the cessation of the retirement village’s operations.