South Australian Consolidated Regulations South Australian Consolidated RegulationsSchedule 1—Code of conduct to be observed by administering authorities
of retirement villages
1—Preparation and provision of documents
The administering authority of a retirement village may not charge a fee for
the preparation or provision of a document required under section 17(3) of the
Act to be given to a person before the person enters into a residence
contract.
The premises condition report required under section 17(3)(c) of the Act to be
given by the administering authority of a retirement village to a person
before the person enters into a residence contract for a residence in the
retirement village—
(a) must
be completed as at the date of the contract; and
(b) must
specify the year in which any fixture, fitting or furnishing is to be repaired
or replaced; and
(c) must
be signed and dated—
(i)
by the administering authority (or by a person duly
authorised to act on behalf of the administering authority); and
(ii)
if or when the resident is satisfied as to the
information contained in the report—by the resident; and
(d) must
be reviewed at the time the resident is vacating the residence.
(1) The administering
authority of a retirement village may take preliminary steps for the
remarketing of a residence in the retirement village as soon as the
administering authority receives notice of the decision of the resident (the
outgoing resident ) to vacate the residence (or of any other circumstance that
means that the resident will no longer be residing in the retirement village).
(2) The administering
authority must act under its remarketing policy as soon as the administering
authority receives notice of the decision of the outgoing resident to vacate
the residence (or of any other circumstance referred to in
subclause (1)).
(3) The requirements
under the administering authority's remarketing policy must at least include
or address—
(a)
arrangements to meet with the outgoing resident, or an agent, nominated person
or personal representative of the outgoing resident, to view the residence,
complete the premises condition report, and explain and discuss the
remarketing process (unless this is not reasonably practicable to do in view
of the resident's circumstances); and
(b)
procedures to identify any work that should be undertaken to ensure that the
residence is in a reasonable condition for remarketing, and to determine when
and how any such work will be undertaken, and who will be responsible for
organising the work, and for the cost of the work; and
(c) the
fixing of the price at which the residence will initially be remarketed, and
when and how changes to that price will be considered and made; and
(d) the
type, level and frequency of advertising that will be undertaken in relation
to the marketing of the residence; and
(e) who
will be responsible for any costs associated with the valuation of the
residence, any advertising, and other relevant matters, and how any such costs
are to be calculated or determined; and
(f) what
will be required of the outgoing resident in relation to the remarketing of
the residence, and the extent to which the resident may or will assume
responsibility for any aspect of the remarketing process; and
(g) what
action will be taken if the residence is not sold or relicensed—
(i)
after 90 days; and
(ii)
after 6 months; and
(h) what
steps are to be undertaken by—
(i)
the administering authority; and
(ii)
the outgoing resident,
when the residence is sold or relicensed; and
(i)
settlement procedures, including what fees, charges and
costs will be deducted by the administering authority at the time of
settlement, and the provision to the outgoing resident of a statement at (or
at an appropriate time after) the settlement.
(4) In addition to any
requirement or undertaking in a remarketing policy, the administering
authority must—
(a)
provide ongoing written reports to the outgoing resident on the progress of
the matter at least monthly; and
(b) if
new residences within the retirement village are on the market at the same
time, at least match the level of marketing for the residence of the outgoing
resident that applies to those new residences.
The administering authority of a retirement village must ensure that all
amounts due to a former resident of a residence in the retirement village on
the resale or relicensing of the residence are paid to the former resident
within 10 business days after the date of settlement of the residence.
The administering authority of a retirement village will undertake reasonable
consultation with a residents' committee established under section 30 of the
Act in relation to the following matters:
(a)
maintenance issues raised by residents;
(b) the
preparation of an annual budget for the retirement village;
(c) any
proposed change to a service or facility provided at the retirement village
that is reasonably expected to result in—
(i)
increased costs to residents beyond any increase shown in
the annual budget; or
(ii)
a loss of amenity;
(d) any
proposal to alter or improve a building, fixture or fitting where residents
will be expected to finance some or all of the capital or recurrent costs of
the work, except where—
(i)
the costs have already been included in the annual budget
for the retirement village; or
(ii)
the costs will not exceed $2 000 in total;
(e) the
establishment of a disputes committee, or of any other procedure for dealing
with disputes;
(f) any
proposal to formulate or alter rules for the retirement village;
(g) the
distribution of information to residents;
(h) the
establishment of social or recreational programmes at the retirement village;
(i)
the appointment of a trustee (or new trustee) for the
purposes of the retirement village scheme, or any proposal to alter the
functions or duties of such a trustee;
(j) any
other matter agreed between the committee and the administering authority.
6—Additional consultation with residents
The administering authority of a retirement village must, in addition to the
requirements of the Act and clause 5, take steps to ensure that there is
reasonable consultation with residents of the retirement village in relation
to any matter that could have a significant impact on their financial affairs,
the amenity of the retirement village or their way of life.
(1) The administering
authority of a retirement village must provide to each resident of the
retirement village a document setting out the policies and procedures to be
applied by the administering authority in the event of a dispute and, if or
when those policies or procedures are altered, a revised version of such a
document.
(2) The policies and
procedures to be applied by an administering authority of a retirement village
in the event of a dispute must include the right for a resident to be
accompanied by a person chosen by the resident at any meeting held to resolve
the dispute.
Example—
The resident may, for example, choose to be accompanied by his or her spouse,
a friend, another resident (who may, or may not, be a member of the residents'
committee), a lawyer or some other person.