South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"administering authority" in relation to a retirement village means the person
by whom or on whose behalf the retirement village scheme is administered and
includes a person (other than a resident) who owns land within the village;
"authorised officer" means a person appointed to be an authorised officer
under Part 2;
"business day" means any day except a Saturday, Sunday or public holiday;
"community retirement village" means a retirement village divided into
separate residences and common property by a community plan under the
Community Titles Act 1996 or a strata plan under the Strata
Titles Act 1988 ;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"premises condition report"—see section 17;
"premium" means a payment (including a gift) made to the
administering authority of a retirement village in consideration for, or in
contemplation of, admission of the person by or on whose behalf the payment
was made as a resident under a retirement village scheme (including any such
payment made for the purchase of a residence in a retirement village or for
the purchase, issue or assignment of shares conferring a right to occupy any
such residence) but does not include—
(a) any
such payment excluded by regulation from the ambit of this definition; or
(b)
recurrent charges;
"recurrent charge" means any fee, charge or other amount (as specified in the
residence contract) payable by a resident to the administering authority of a
retirement village on a recurrent basis;
"register"—see section 11;
"remarketing policy"—see section 17;
"residence" means premises or a part of premises designed for separate
occupation as a place of residence;
"residence contract" means a contract under which a person enters into
occupation of a residence in a retirement village;
"residence rules" means the rules with which residents of a retirement village
are expected by the administering authority to comply;
"resident" of a retirement village means a person who has been admitted to
occupation of a residence in accordance with the scheme and (subject to the
terms of a residence contract) includes a spouse or domestic partner of such a
person who—
(a) is
residing with that person; or
(b) was
residing with that person at the time of his or her death;
"retired person" means a person who has attained the age of 55 years and
retired from full-time employment;
"retirement village" means a complex of residences or a number of separate
complexes of residences (including appurtenant land) occupied or intended for
occupation under a retirement village scheme but does not include any such
complex excluded from the ambit of this definition by the regulations;
"retirement village scheme" or "scheme" means a scheme established for
retired persons and their spouses or domestic partners, or predominantly for
retired persons and their spouses or domestic partners, under which—
(a)
residences are occupied in pursuance of lease or licence; or
(b) a
right to occupation of residences is conferred by ownership of shares; or
(c)
residences are purchased from the administering authority subject to a right
or option of repurchase; or
(d)
residences are purchased by prospective residents on conditions restricting
their subsequent disposal,
but does not include any such scheme under which no resident or prospective
resident of a residence pays a premium in consideration for, or in
contemplation of, admission as a resident under the scheme;
"special resolution" means a resolution passed at a meeting of residents of a
retirement village in the following circumstances:
(a) at
least 21 days' written notice of the meeting, containing a statement of the
proposed special resolution, must have been given to all residents; and
(b) the
resolution must have been passed by a majority of not less than three-quarters
of the number of residents who were present, and entitled to vote, at the
meeting;
"spouse"—a person is the spouse of another if they are legally married;
"the Tribunal" means the Residential Tenancies Tribunal.
(2) For the purposes
of this Act—
(a) the
"date of the contract" means the date on which the second of the 2 parties to
a residence contract signs the contract;
(b) a
resident's "settling-in period" is—
(i)
the period ending 90 days after the date of the contract
or the date on which the resident is admitted to occupation of his or her
residence in accordance with the scheme (whichever is later); or
(ii)
such longer period as may be specified in the resident's
residence contract;
(c) a
person will be taken to "cease to reside in a retirement village —
(i)
when the person (or someone else on behalf of the person)
delivers up vacant possession of the person's residence to the
administering authority following the person's vacation of the residence; or
(ii)
when the executor or administrator of the person's estate
delivers up vacant possession of the person's residence to the
administering authority following the person's death; or
(iii)
when the person vacates the person's residence and
indicates to the administering authority (either expressly or by his or her
actions) that the person does not intend to continue to reside in the village;
or
(iv)
if—
(A) the administering authority decides to
terminate the person's right of occupation under Part 3; and
(B) the Tribunal confirms the
administering authority's decision to terminate the right of occupation,
at the end of the period fixed by the Tribunal within which the person must
vacate the person's residence.