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TASMANIA
__________
RETIREMENT VILLAGES BILL 2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Meaning of "ingoing contribution"
5. Application of Act
PART 2 RIGHTS OF RESIDENTS
6. Creation of residence rights
7. Termination of residence rights
8. Ingoing contributions
9. Contractual rights of residents
10. Arrangements if resident is absent or vacates
11. Repayment of ingoing contribution
12. Meetings of residents
13. Auditing of accounts
14. Residents' committees
15. Meeting with new operator
16. Decisions at meetings of residents
[Bill 83]-IV
17. Documents to be supplied to residents
PART 3 INSURANCE OF RETIREMENT VILLAGES
18. Duty of operator to insure village
PART 4 VILLAGE RULES
19. Requirement for village rules
20. Additions and amendments to village rules
21. Objections by residents or operator, &c.
22. Application of village rules
23. Inconsistency with residence contract
24. Compliance with village rules by persons other than
operator and residents
PART 5 DISPUTE RESOLUTION
Division 1 Application to Director
25. Requirement to minimise loss
26. Application to Director
27. Notice of application
28. Amendment of application
Division 2 Powers and procedures
29. Investigations
30. Termination on ground of breach of residence contract or
village rules
31. Orders of Director
32. Appeal against decision or order
33. Stay of operation of order
PART 6 MISCELLANEOUS
34. Operator not to demand power of attorney
35. Operator not to demand appointment as proxy
36. Endorsement on folio of Register
37. Residence contract to be binding on new operator
2
38. Termination of retirement village
39. Certain persons excluded from administration of
retirement village
40. Contract to avoid Act
41. Liability of directors and managers
42. Regulations
43. Administration
44. Consumer Affairs Act 1988 amended
45. Residential Tenancy Act 1997 amended
46. Strata Titles Act 1998 amended
SCHEDULE 1 RESIDENCE CONTRACT
SCHEDULE 2 NOTICE TO PROSPECTIVE RESIDENT
OF RETIREMENT VILLAGE
SCHEDULE 3 CHECK LIST
3
4
RETIREMENT VILLAGES BILL 2003
(Brought in by the Minister for Primary Industries, Water
and Environment, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to regulate retirement villages and the rights
and obligations of their residents and operators and
to amend the Consumer Affairs Act 1988, the
Residential Tenancy Act 1997 and the Strata Titles
Act 1998
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Retirement Villages Act
2003.
Commencement
2. This Act commences 6 months after the day on which
this Act receives the Royal Assent.
Interpretation
3. In this Act, unless the contrary intention appears
[Bill 83] 5
s. 3 No. Retirement Villages 2003
"accounts", in respect of a retirement village,
means a document giving full details of the
income and expenditure of the retirement
village during the preceding financial year or,
as the case may require, since the date when it
commenced to operate as such;
"approved form" means a form approved by the
Recorder;
"business day" means any day except a Saturday,
Sunday or public holiday;
"commencement date" means the date of
commencement of this Act;
"Director" means the Director of Consumer Affairs
and Fair Trading;
"ingoing contribution" has a meaning given by
section 4;
"operator" of a retirement village means a person
who, alone or with another person, controls
the operation of a retirement village or
purports to control its operation;
"personal service" means an optional service
provided or made available, by or on behalf of
an operator, to individual residents of a
retirement village;
"prospective resident" means a person carrying
on any negotiations or dealings with the
operator of a retirement village with a view to
becoming a resident;
"Recorder" means the Recorder of Titles;
"Register" means the Register kept under the Land
Titles Act 1980;
6
2003 Retirement Villages No. s. 3
"regulations" means regulations made and in force
under this Act;
"residence contract" means a contract under
which a person pays an ingoing contribution
and enters into occupation of any residential
premises;
"resident" of a retirement village means a person
who has paid an ingoing contribution in
respect of any residential premises in that
retirement village and includes a spouse of
any such person who
(a) is residing with that person; or
(b) was residing with that person at the
time of that person's death
whether or not that person has entered into
occupation of any such premises;
"residential premises" means premises, or a part
of premises, in a retirement village designed
for separate occupation as a place of residence;
"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
residential premises, including adjacent land,
established for retired persons and their
spouses, or predominantly for retired persons
and their spouses, at least one of whom, before
or on becoming a resident, pays or is required
to pay an ingoing contribution where
7
s. 3 No. Retirement Villages 2003
(a) the residential premises are occupied by
virtue of a residence contract, lease or
written licence; or
(b) a right of occupation of the residential
premises is conferred by ownership of
shares; or
(c) the residential premises are purchased
from the operator subject to a right or
option of repurchase; or
(d) the residential premises are purchased
by prospective residents on conditions
restricting their subsequent disposal
but does not include a complex of residential
premises to which this Act does not apply as
mentioned in section 5(2);
"service contract" means a contract under which a
resident of a retirement village is provided
with general services or personal services in
the village;
"special resolution" means a resolution passed at
a meeting of residents of a retirement village
if
(a) written notice of the meeting, containing
a statement of the proposed resolution,
has been given to all residents for at
least 10 business days; and
(b) the resolution has been passed by a
majority of not less than three-quarters
of the number of residents voting either
personally or by proxy and entitled to
vote at the meeting;
8
2003 Retirement Villages No. s. 4
"spouse", in relation to a person, includes the
person who is or was in a significant
relationship, within the meaning of the
Relationships Act 2003, with that person;
"strata scheme" means
(a) a strata scheme; or
(b) a staged development scheme; or
(c) a community development scheme
within the meaning of the Strata Titles Act
1998;
"village rules" means the rules made under Part 4.
Meaning of "ingoing contribution"
4. (1) For the purposes of this Act, an ingoing contribution
is taken to be a payment, including a gift or bond, made to
the operator 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 of the
retirement village and includes any such payment made
for the purchase of
(a) any residential premises in the retirement
village; or
(b) the issue or assignment of shares conferring a
right of occupation of any such residential
premises
but does not include
(c) a bond paid under the Aged Care Act 1997 of
the Commonwealth; or
9
s. 5 No. Retirement Villages 2003
(d) recurrent charges.
(2) Subsection (1) applies to a payment whether or
not the whole or any part of it is expressed to be for rent in
advance.
Application of Act
5. (1) Subject to this section
(a) this Act applies to retirement villages,
whether established before or after the
commencement date and to the operators and
residents of those villages; and
(b) this Act binds the Crown in right of the State
of Tasmania and, so far as the legislative
power of Parliament permits, in all its other
capacities, but not so as to impose criminal
liability on the Crown.
(2) Where no resident or prospective resident is
required to pay an ingoing contribution, this Act does not
apply to the retirement village unless the owner of the
relevant land, by an application to the Recorder in an
approved form and on payment of the prescribed fee, elects
that this Act is to apply to the retirement village.
(3) The Anti-Discrimination Act 1998 does not apply
to this Act or to a provision of a contract made for the
purposes of this Act that relates to the age of a resident or
his or her status as a retired person.
(4) This Act does not apply to any building or any
part of a building in a retirement village that is used for
the provision of residential care, within the meaning of the
Aged Care Act 1997 of the Commonwealth, by an approved
provider under that Act.
10
2003 Retirement Villages No. s. 5
(5) If a provision of this Act is inconsistent with a
provision of the Strata Titles Act 1998, the provision of
this Act prevails to the extent of the inconsistency.
11
s. 6 No. Retirement Villages 2003
PART 2 RIGHTS OF RESIDENTS
Creation of residence rights
6. (1) A residence contract is to be in writing and comply
with the requirements specified in Schedule 1.
(2) Before a person enters into a residence contract,
the operator must give to that person
(a) a copy of the proposed residence contract in a
form ready for execution; and
(b) a notice of the person's rights under this Act in
accordance with Schedule 2; and
(c) a copy of the village rules required under
section 19; and
(d) a check list in accordance with Schedule 3; and
(e) a copy of the accounts and estimates presented
at the last annual general meeting of
residents, including a written statement of
any subsequent change in the affairs of the
retirement village and the operator that may
significantly affect the person's decision to
occupy residential premises in the retirement
village; and
(f) any other prescribed documents.
(3) If an operator is unable to comply with
subsection (2)(e) because the retirement village was not
operating at any time in the previous financial year, he or
she must give to a person entering into a residence
contract statements and information in accordance with
section 12(5)(b), (c) and (d).
12
2003 Retirement Villages No. s. 7
(4) A representation made by an employee or agent
of an operator is taken to be a representation of the
operator unless the operator proves that the employee or
agent was not acting in the course of his or her
employment or agency.
(5) If a residence contract is signed without
provision of the documents referred to in subsection (2) or
(3), termination of the contract does not render the
resident or prospective resident liable to any financial
penalty.
(6) Without limiting any right of rescission
conferred by law, a resident or prospective resident is
entitled to rescind the residence contract
(a) at any time within 5 business days after the
date of the contract; or
(b) on a contravention of subsection (2) or (3),
within 5 business days after the day on which
any of the documents required under that
subsection is given to the resident or
prospective resident.
(7) A contract may be rescinded under this section
by notice in writing to the operator.
(8) If a provision of this section is contravened, the
operator is guilty of an offence.
Penalty: Fine not exceeding 350 penalty units.
Termination of residence rights
7. (1) A resident of any residential premises has a right of
occupation that may not be terminated unless
(a) the resident dies; or
13
s. 7 No. Retirement Villages 2003
(b) the resident terminates the residence contract;
or
(c) the resident ceases to reside in the retirement
village in circumstances in which there is no
reasonable prospect of him or her returning to
reside in the retirement village; or
(d) the resident commits a serious breach of the
residence contract or the village rules and the
operator terminates the resident's right of
occupation; or
(e) the residential premises become an unsuitable
place of residence for the resident owing to the
resident's mental or physical incapacity and
the operator or resident terminates the
resident's right of occupation on that ground
as provided by subsection (3); or
(f) the holder of a mortgage or charge that was in
existence at the commencement date becomes
entitled to vacant possession of the residential
premises under rights conferred by the
mortgage or charge; or
(g) the resident and the operator agree on the
termination.
(2) The rights of termination under
subsection (1)(a), (b), (d) or (e) are subject to
(a) any limitations or qualifications arising from a
contract between the operator and the
resident; and
(b) any rights of the resident deriving from the
resident's ownership of an interest in any
residential premises.
14
2003 Retirement Villages No. s. 7
(3) If
(a) a resident vacates the retirement village
owing to mental or physical illness or
incapacity, as certified by
(i) an independent geriatrician or
independent general medical
practitioner who, in either case, is
acceptable to both the resident and the
operator; or
(ii) an Aged Care Assessment Team or any
similar assessment group established to
replace Aged Care Assessment Teams;
and
(b) the resident desires, or needs, to move to
another kind of accommodation which
provides a higher level of care; and
(c) the resident must pay an amount in order to
enter that accommodation; and
(d) the resident does not have ready access to
funds of that amount, or the payment of that
amount by the resident would have a serious
effect on his or her personal finances; and
(e) the resident has paid an ingoing contribution
to the operator; and
(f) the resident applies to the operator for
repayment of the ingoing contribution
(i) before he or she vacates the retirement
village; or
(ii) within 10 business days after he or she
vacates the retirement village
15
s. 8 No. Retirement Villages 2003
the operator must, within 45 business days, repay to the
resident so much of the ingoing contribution as the
resident requires to enter into that accommodation, and
the balance of the ingoing contribution is to be paid in
accordance with section 11.
(4) A notice by the operator to terminate a resident's
right of occupation is to be given to the resident but is of
no effect unless it informs the resident
(a) of the reason for the termination; and
(b) of any right of review provided by the village
rules; and
(c) that the decision is subject to a right of review
by the Director on application in accordance
with Part 5.
(5) A notice by a resident to terminate a right of
occupation is to be given to the operator and is to state the
reason for the termination.
Ingoing contributions
8. (1) An ingoing contribution paid to an operator by any
person is to be held in trust in an account of an authorised
deposit-taking institution or in a form of investment in
which trustees are authorised by law to invest trust
money until
(a) the resident enters into occupation of any
residential premises; or
(b) it becomes apparent that the resident will not
enter into occupation of any residential
premises.
16
2003 Retirement Villages No. s. 9
(2) If the resident does not enter into occupation of
any residential premises, any question affecting an
entitlement to, or disposition of, the ingoing contribution
is to be determined by reference to the residence contract,
subject to the following qualifications:
(a) if the resident's failure to enter into
occupation is attributable to a failure on the
part of the operator to carry out contractual
obligations, interest and accretions arising
from investment of the ingoing contribution
must be paid to the resident;
(b) in any other case, the operator is entitled to
retain any such interest and accretions.
(3) Subsection (2) does not affect any entitlement to
rescind a residence contract that a resident may have
under section 6(6).
(4) If a provision of this section is contravened, the
operator is guilty of an offence.
Penalty: Fine not exceeding 350 penalty units.
Contractual rights of residents
9. (1) A service contract may be enforced against the
operator of a retirement village.
(2) Where an ingoing contribution is paid under a
residence contract which provides that it will be repaid in
whole or in part on the happening of a contingency and the
contingency occurs, the resident or a person claiming
under the residence contract may recover the amount that
is repayable as a debt from the operator of the retirement
village.
17
s. 10 No. Retirement Villages 2003
(3) An action does not lie against the owner of land
in a retirement village for the enforcement of rights under
subsection (1) or (2) unless
(a) the owner is a party to the contract under
which the ingoing contribution is repayable; or
(b) the owner is the sole operator of the
retirement village; or
(c) an operator other than the owner has failed to
satisfy a judgment given for the enforcement
of those rights.
(4) The rights of a resident to repayment of an
ingoing contribution, or part of an ingoing contribution,
are a charge on land in the retirement village other than
(a) any residential premises owned by a resident;
or
(b) common property that is subject to a strata
scheme.
(5) A charge referred to in subsection (4) may be
enforced only with the approval of the Supreme Court and
subject to any conditions that the Court thinks just and
equitable.
(6) If the Supreme Court approves the enforcement
of the charge, it may, subject to any conditions imposed by
the Court, be enforced in the same way as a mortgage
registered under the Land Titles Act 1980.
Arrangements if resident is absent or vacates
10. (1) Where a resident has given to the operator at least
30 days' notice of any period during which he or she
intends to be absent from the retirement village, the
18
2003 Retirement Villages No. s. 11
resident is not liable to pay any amount for any personal
service that the operator ceases to provide to the resident
in the resident's absence during that period.
(2) Where
(a) a resident is absent from a retirement village
for a continuous period of at least 30 days; and
(b) has not given notice as mentioned in
subsection (1)
the resident is not liable to pay, in respect of a period of
absence after those 30 days, any amount for any personal
service that the operator ceases to provide to the resident
in the resident's absence during that period.
(3) Where a resident vacates his or her residential
premises in a retirement village, the resident ceases to be
liable to pay any amount (other than an amount that has
already accrued) in respect of any personal service that
the operator ceases to provide to the resident after the
resident vacates the residential premises.
(4) If the resident is entitled to the repayment (in
whole or in part) of an ingoing contribution, the resident is
not liable to pay any amount in respect of charges for
personal service that may accrue after he or she has
ceased to reside in the retirement village until the ingoing
contribution is repaid, but the operator may then, at the
time of repayment, deduct from the ingoing contribution
any amount payable by the resident.
Repayment of ingoing contribution
11. (1) Where a resident dies or vacates his or her
residential premises in a retirement village, the operator
must
19
s. 12 No. Retirement Villages 2003
(a) refund to the resident or the resident's
personal representative any amount to which
the resident is entitled within
(i) 6 months after the resident dies; or
(ii) 6 months after the operator or resident
receives notice of termination of the
residence contract; or
(iii) 30 days after the resale or reoccupation
of the resident's residential premises
whichever first occurs; and
(b) take all reasonable steps for resale or
reoccupation of the residential premises.
Penalty: Fine not exceeding 350 penalty units.
(2) If, on application by the operator, the Director is
satisfied that the refund required under
subsection (1)(a)(i) or (ii) would cause serious financial
hardship to the operator if paid within the required period
of 6 months, the Director may extend that period for any
further period that he or she thinks fit, either
unconditionally or subject to any conditions considered
appropriate in the circumstances of the case.
Meetings of residents
12. (1) The operator of a retirement village
(a) may convene a meeting of residents at any
time; and
(b) must convene an annual general meeting of
residents not later than 30 November in each
year.
20
2003 Retirement Villages No. s. 12
(2) A representative of the operator who is
authorised to speak on behalf of the operator must
(a) attend a meeting convened under
subsection (1); and
(b) give responses to questions put at the meeting
in accordance with this section.
(3) A meeting of residents may also be convened by
a residents' committee elected under section 14(1).
(4) A meeting is to be convened by notifying each
resident at least 10 business days before the date of the
meeting and the notice is to set out
(a) the time and place of the meeting; and
(b) the business to be transacted at the meeting
stating, in particular, the terms of any special
resolution proposed to be put to the meeting.
(5) A notice for an annual general meeting under
subsection (1) is to be accompanied by
(a) if the retirement village was operating at any
time during the previous financial year, a
statement of income received from residents,
and expenditure from that income, for the
previous financial year; and
(b) a statement of estimates of income from
residents, and expenditure from that income,
for the current financial year; and
(c) a statement of estimates of income, from any
source, and expenditure, for the current
financial year in respect of any contingency,
sinking or other reserve fund or account
established for the purposes of capital
21
s. 12 No. Retirement Villages 2003
replacement or improvements, irregular long-
term maintenance or other similar items; and
(d) such other information as the regulations may
require; and
(e) an invitation to residents
(i) to submit written questions to the
operator at least 5 business days before
the date of the meeting; and
(ii) to ask any other questions at the
meeting.
(6) A statement of income and expenditure under
subsection (5)(a) is to be audited by a person who is a
registered company auditor within the meaning of the
Corporations Act or, as the case may require, approved to
conduct an audit under section 24(1)(b) of the Associations
Incorporation Act 1964.
(7) The operator must ensure that any resident is
afforded, on reasonable request, a reasonable opportunity
to inspect a balance sheet for the retirement village,
together with a summary expressed in clear and simple
terms of the general effect of the balance sheet.
(8) The operator must ensure
(a) that residents have a reasonable opportunity
to put questions to the operator or his or her
representative at a meeting of residents
convened by the operator; and
(b) that questions submitted in writing under
subsection (5)(e)(i), or asked at a meeting, are
answered
(i) if possible, in reasonable detail at the
relevant meeting; or
22
2003 Retirement Villages No. s. 12
(ii) to the extent that compliance with
subparagraph (i) is not possible, as soon
as reasonably practicable after the
meeting by the presentation of detailed
written answers.
(9) Nothing in this section requires an operator, or
the representative of an operator, to answer an
unreasonable question.
(10) Recurrent charges may not be increased beyond
a level shown to be reasonable in view of the accounts for
the previous financial year and the estimates for the
current financial year, as explained at a meeting of
residents under this section.
(11) If a levy is imposed on residents of a retirement
village for any purpose not authorised by the village rules
or a residence contract, the levy must be authorised by a
special resolution passed at a meeting of residents.
(12) In the case of a retirement village managed by
a body corporate for a strata scheme, a meeting under this
section may be held in conjunction with a meeting of the
body corporate as required under the Strata Titles Act
1998.
(13) If a requirement of this section is contravened,
the operator is guilty of an offence.
Penalty: Fine not exceeding 200 penalty units.
(14) Where 2 or more residents are in occupation of
the same residential premises in a retirement village, each
of them is entitled to vote at a meeting of residents.
(15) A vote may be cast by proxy.
23
s. 13 No. Retirement Villages 2003
Auditing of accounts
13. The operator of a retirement village must ensure that
the accounts for the village are audited annually by a
person qualified to audit accounts under the Corporations
Act or, as the case may require, approved to conduct an
audit under section 24(1)(b) of the Associations
Incorporation Act 1964.
Residents' committees
14. (1) The residents of a retirement village may, at a
meeting of residents, elect a residents' committee of at
least 3 residents to represent the interests of the
residents.
(2) A person who is not a resident of the retirement
village is not entitled to be a member of such a committee.
(3) Each member of a residents' committee holds
office for one year after he or she is elected, but is eligible
for re-election.
(4) A member may be removed from office by a
special resolution at a meeting of residents.
(5) A residents' committee may determine its own
procedure.
(6) A residents' committee may appoint
subcommittees and determine their procedures.
(7) An operator must not
(a) discourage or prevent the appointment of a
committee under this section; or
(b) obstruct a committee in the performance of its
functions.
24
2003 Retirement Villages No. s. 15
Penalty: Fine not exceeding 25 penalty units.
Meeting with new operator
15. (1) It is taken to be a term of every agreement that
may result in a change in the operator of a retirement
village, including a change by virtue of the sale of an
interest in the land within the village, that, before the
change is effected, the person who is to be the new
operator is to convene a meeting of residents at which the
person or his or her representative will
(a) present a report on any changes that are
proposed for the retirement village, including
any proposal to change a charge, fee or levy
payable by residents, and any plans for the
future management and operation of the
retirement village; and
(b) answer any reasonable question put by a
resident.
(2) A meeting is to be convened by sending to each
resident, at least 10 business days before the date of the
meeting, a written notice setting out
(a) the time and place of the meeting; and
(b) the reason for the meeting.
(3) If a change in an operator of a retirement village
is effected by an agreement without compliance with the
term referred to in subsection (1), the new operator is
guilty of an offence.
Penalty: Fine not exceeding 100 penalty units.
25
s. 16 No. Retirement Villages 2003
Decisions at meetings of residents
16. A decision or resolution made or passed at a meeting
of residents is of no effect unless it is agreed to by a
quorum present in accordance with the village rules.
Documents to be supplied to residents
17. (1) The operator of a retirement village must, within
10 business days after a reasonable request by a resident,
provide the resident with
(a) a copy of the residence contract under which
the resident entered into occupation of any
residential premises in the retirement village;
or
(b) a copy of the village rules that are applicable
to the retirement village; or
(c) a statement of the amount to which the
resident would be entitled, by way of
repayment of ingoing contribution, if the
resident were to cease to reside in the
retirement village; or
(d) a copy of any service contract applicable to the
resident.
Penalty: Fine not exceeding 100 penalty units.
(2) The operator may make a reasonable charge for
the provision of any document referred to in subsection (1).
26
2003 Retirement Villages No. s. 18
PART 3 INSURANCE OF RETIREMENT
VILLAGES
Duty of operator to insure village
18. (1) The operator of a retirement village must insure
the village and keep it insured to its full replacement
value in accordance with this section.
Penalty: Fine not exceeding 350 penalty units.
(2) Insurance required by this section must provide,
but is not limited to, cover for the following:
(a) damage;
(b) costs incidental to the reinstatement or
replacement of insured buildings;
(c) public liability;
(d) the reinstatement of property to its condition
when new.
(3) The regulations may specify the minimum
amount of public liability insurance required under this
section.
27
s. 19 No. Retirement Villages 2003
PART 4 VILLAGE RULES
Requirement for village rules
19. (1) An operator must, in accordance with this Part,
make written rules relating to the use, enjoyment, control
and management of a retirement village.
Penalty: Fine not exceeding 50 penalty units.
(2) The rules made under this Part must provide for,
or with respect to, but are not limited to, the following
matters:
(a) persons other than residents or employees of
the retirement village living in the retirement
village;
(b) visitors, including overnight or short-stay
guests;
(c) avoiding unreasonable noise;
(d) the parking of motor vehicles;
(e) the disposal of refuse;
(f) gardening and landscaping;
(g) the use and operation of services or facilities,
including restrictions on their use;
(h) a quorum at all meetings of residents;
(i) a detailed procedure for internal resolution of
disputes;
(j) any other matter prescribed by the
regulations.
28
2003 Retirement Villages No. s. 20
Additions and amendments to village rules
20. (1) A resident may request the operator to make an
addition to, or amendment of, the village rules.
(2) An operator may add to, or amend, the village
rules but must provide all residents with a copy of the
amended village rules at least 10 business days before
their proposed commencement.
(3) An addition to, or amendment of, village rules is
of no effect unless notice of the addition or amendment has
been given as provided by subsection (2).
Objections by residents or operator, &c.
21. (1) If
(a) a resident objects to a village rule or a
proposed addition to, or amendment of, a
village rule on the ground that it is
unreasonable; or
(b) the operator objects to a proposed addition to,
or amendment of, a village rule requested by a
resident
the resident or operator may apply to the Director for an
order in accordance with subsection (2).
(2) On application under this section, the Director
may, after considering the circumstances of the case, make
an order
(a) setting aside or modifying the village rule or
proposed addition or amendment; or
(b) directing that the proposed addition or
amendment, or the proposed addition or
29
s. 22 No. Retirement Villages 2003
amendment modified as specified in the order,
is to take effect from a date specified in the
order.
Application of village rules
22. A village rule is binding on
(a) an operator; and
(b) a resident; and
(c) a person who occupies, or is present in, any
premises or any part of the retirement village
with the permission of the operator or a
resident; and
(d) an employee of a person referred to in
paragraph (a), (b) or (c).
Inconsistency with residence contract
23. If a village rule is inconsistent with a provision of a
residence contract, the contract prevails to the extent of
the inconsistency.
Compliance with village rules by persons other than
operator and residents
24. (1) It is taken to be a term of a residence contract that
a resident or former resident who is a party to the contract
will use his or her best endeavours to ensure compliance
with the village rules by
(a) a tenant or subtenant of the resident or former
resident; and
30
2003 Retirement Villages No. s. 24
(b) any other person who is lawfully on the
resident's or former resident's residential
premises other than a person who has a right
of entry to the premises without the resident's
or former resident's consent; and
(c) any other person who is in the retirement
village at the resident's or former resident's
invitation.
(2) It is also taken to be a term of every residence
contract that the operator will use his or her best
endeavours to ensure compliance with the village rules
by
(a) tenants of the operator; and
(b) employees of the operator; and
(c) any other persons who are in the retirement
village at the operator's invitation.
31
s. 25 No. Retirement Villages 2003
PART 5 DISPUTE RESOLUTION
Division 1 Application to Director
Requirement to minimise loss
25. The rules of law relating to mitigation of loss or
damage on breach of a contract apply to a breach of a
residence contract.
Application to Director
26. (1) An application to the Director for relief under this
Part may be made in respect of
(a) any contravention of this Act; or
(b) any contravention of a residence contract,
service contract or village rule; or
(c) any decision made or required under this Act,
a residence contract, service contract or village
rule where the decision is claimed to be
unreasonable; or
(d) any village rule claimed to be unreasonable
but only if the applicant has first followed the procedure
provided in the village rules for internal resolution of
disputes.
(2) The application may be made by
(a) an operator; or
(b) a resident, former resident or other person
who has paid an ingoing contribution; or
32
2003 Retirement Villages No. s. 27
(c) the personal representative of a person
referred to in paragraph (b); or
(d) an agent of a person referred to in
paragraph (a), (b) or (c); or
(e) any other person who appears to the Director
to have a sufficient interest in the matter.
(3) The application
(a) is to be made in writing to the Director; and
(b) is to set out in detail the grounds on which the
application is made; and
(c) is to state the general nature of the relief that
the applicant seeks; and
(d) is to be accompanied by the prescribed fee.
(4) If the Director declines to proceed with the
application, he or she must, within 14 days, provide the
applicant with written reasons for the decision.
Notice of application
27. Where the Director accepts an application, he or she
must give written notice of the application to any person
appearing to the Director to have a sufficient interest in
the matter.
Amendment of application
28. The Director may allow an amendment of an
application on any conditions that the Director thinks fit.
33
s. 29 No. Retirement Villages 2003
Division 2 Powers and procedures
Investigations
29. (1) The Director must, in accordance with Part IV of
the Consumer Affairs Act 1988, conduct such
investigations as he or she considers necessary for the
proper determination of an application.
(2) The Director may, but need not, hold a hearing
for the purpose of receiving evidence and representations.
(3) In conducting an investigation, the Director
(a) must proceed as expeditiously and with as
little formality and technicality as is
consistent with the requirements of the
Consumer Affairs Act 1988 and the proper
investigation of the matter; and
(b) is not bound by the rules of evidence and may
gather information in any way that the
Director considers appropriate; and
(c) may, subject to the Consumer Affairs Act 1988
and the rules of natural justice, determine the
procedures to be followed.
Termination on ground of breach of residence
contract or village rules
30. (1) The operator of a retirement village may apply to
the Director for an order terminating the residence
contract of a resident who has committed a serious breach
of the residence contract or a village rule.
(2) A resident may apply to the Director for an order
terminating his or her residence contract if the operator
34
2003 Retirement Villages No. s. 31
has committed a serious breach of the residence contract
or a village rule.
(3) The Director may, on application made under
this section, make an order terminating the residence
contract, but only if he or she is satisfied that
(a) the breach, in the circumstances of the case, is
such as to justify termination of the contract;
or
(b) persistent breaches by the resident or operator
concerned are, in the circumstances of the
case, such as to justify termination of the
contract.
(4) If the Director makes an order terminating a
residence contract under this section, the Director must
specify in the order a date by which the resident must
vacate the residential premises concerned.
(5) If the Director forms the opinion, in the course of
proceedings under this section, that a village rule is
unreasonable, the Director may make an order
(a) setting aside the rule; or
(b) modifying the operation of the rule, either in
its application to the operator or to a resident
or to some or all of the residents of the
retirement village concerned.
Orders of Director
31. (1) The Director may, on application by any person
referred to in section 26(2), make an order
(a) for the settlement of a dispute, or resolution of
a complaint, with respect to the exercise or
35
s. 31 No. Retirement Villages 2003
performance of, or the failure to exercise or
perform, a power, authority, duty or function
under this Act; or
(b) in respect of any decision made or required to
be made or authorised under this Act, the
village rules, a residence contract or service
contract.
(2) Without limiting the powers of the Director to
make an order under subsection (1), the Director may, on
application by a resident, former resident, operator or
other person under this Act, make one or more of the
following orders:
(a) an order directing the resident or operator to
comply with a requirement of this Act;
(b) an order that varies or sets aside a provision of
a residence contract or a village rule that
conflicts with this Act;
(c) an order restraining any action in breach of
any residence contract, service contract or
village rule;
(d) an order requiring the performance of any
residence contract, service contract or village
rule;
(e) an order directing the resident, former
resident, operator or other person to perform
such work or take such other steps as the
order specifies to remedy a breach of a
residence contract, service contract or village
rule;
(f) an order for the payment of an amount of
money, not exceeding $5 000, to another party
36
2003 Retirement Villages No. s. 31
to the proceedings or to any other person
specified in the order;
(g) an order for compensation not exceeding
$5 000;
(h) an order that requires payment to the Director
of all or part of any recurrent charges payable
by a resident (or former resident) to the
operator until the whole or part of any
residence contract has been performed or any
application for compensation has been
determined;
(i) an order that requires payment towards the
cost of remedying a breach of a contract or
towards the cost of any compensation;
(j) in the case of an application relating to any
other dispute between a resident or former
resident and an operator of a retirement
village that is subject to a strata scheme, and
with the concurrence of any other party to the
dispute, any order that the Recorder may
make under the Strata Titles Act 1998 to
determine the dispute;
(k) any other order prescribed by the regulations
for the purposes of this section.
(3) Where the Director determines that there are
grounds for exercising his or her powers under this
section, the Director may, in writing, require an operator,
resident, former resident or other person under this Act to
pay to the Director an amount estimated to be the
reasonable cost of conducting any investigation that may
be necessary.
(4) An order made under this section
37
s. 32 No. Retirement Villages 2003
(a) may be an interim order; and
(b) may be enforced in the same manner as an
order made by a magistrate under the
Magistrates Court (Civil Division) Act 1992.
(5) A person who is required to do, or refrain from
doing, any act by an order under this section must comply
with the order.
Penalty: Fine not exceeding 50 penalty units and an
additional fine of 1 penalty unit for each
day during which the contravention
continues.
Appeal against decision or order
32. (1) An appeal against a decision or order of the
Director may be made to a magistrate by any of the
following persons:
(a) the applicant;
(b) any person who has made a written
submission to the Director relating to the
subject matter of the decision or order;
(c) any person required by the decision or order to
do or refrain from any action;
(d) any other person specified in the regulations.
(2) The appeal is to be instituted within 30 days
after the decision or order is made and is to be heard by
way of rehearing of the application to the Director.
(3) In deciding the appeal, the magistrate may
(a) confirm the decision or order of the Director;
or
38
2003 Retirement Villages No. s. 33
(b) vary or quash that decision or order.
Stay of operation of order
33. A magistrate may, on application by any person
appearing to the magistrate to have a proper interest in
the matter, stay the operation of an order subject to appeal
until the determination of the appeal.
39
s. 34 No. Retirement Villages 2003
PART 6 MISCELLANEOUS
Operator not to demand power of attorney
34. (1) The operator, or a close associate of the operator,
of a retirement village must not require a resident or
prospective resident of the retirement village to give the
operator a power of attorney in favour of the operator or a
person nominated by the operator.
Penalty: Fine not exceeding 100 penalty units.
(2) A power of attorney given in favour of an
operator of a retirement village, or a person nominated by
the operator, by a resident or prospective resident of the
retirement village
(a) if given before the commencement date,
terminates on that commencement; and
(b) if given on or after the commencement date, is
void.
(3) This section has effect notwithstanding Part 4 of
the Powers of Attorney Act 2000.
Operator not to demand appointment as proxy
35. (1) The operator, or a close associate of the operator,
of a retirement village must not require a resident or
prospective resident of the retirement village to appoint
the operator, a close associate of the operator or a person
nominated by the operator as the proxy of the resident.
Penalty: Fine not exceeding 100 penalty units.
(2) Any appointment of the operator of a retirement
village, a close associate of the operator or a person
40
2003 Retirement Villages No. s. 36
nominated by the operator as the proxy of a resident or
prospective resident of the retirement village
(a) if made before the commencement date,
terminates on that commencement; and
(b) if made on or after the commencement date, is
void.
(3) Subsection (2) does not apply if the resident or
prospective resident who made the appointment is a
relative of the operator.
(4) This section has effect despite the terms of any
instrument appointing an operator of a retirement village,
a close associate of the operator or a person nominated by
the operator as a resident's or prospective resident's proxy.
Endorsement on folio of Register
36. (1) Where any land is, or is to be, used as a retirement
village, the Recorder is to endorse a note of that fact on the
relevant folio of the Register.
(2) The owner of any land used, or to be used, as a
retirement village must apply to the Recorder, in a form
approved by the Recorder and on payment of the
prescribed fee, for endorsement of the relevant folio of the
Register
(a) if the retirement village was established
before the commencement date, within 3
months after that commencement; or
(b) in any other case, before any person enters
into occupation of any residential premises in
the retirement village.
Penalty: Fine not exceeding 350 penalty units.
41
s. 37 No. Retirement Villages 2003
(3) Before an application is made under
subsection (2), the owner must notify any person who
holds a mortgage, charge or encumbrance over the land.
(4) If the application relates to a retirement village
that had not been established before the commencement
date, the application may be made only with the consent of
each person who holds any such mortgage, charge or
encumbrance.
(5) The Recorder may
(a) on application in an approved form by the
owner of any land formerly used as a
retirement village; and
(b) on payment of the prescribed fee
cancel an endorsement made under this section if satisfied
that no part of the land is still occupied under a residence
contract.
Residence contract to be binding on new operator
37. A residence contract is binding on any new operator of
the land used as a retirement village as if that person
were a party to the residence contract.
Termination of retirement village
38. (1) Where one or more residents have entered into
occupation of residential premises in a retirement village,
the retirement village is to continue to operate as such
unless
(a) the operator and all the residents agree to the
termination of the retirement village; or
42
2003 Retirement Villages No. s. 39
(b) the Supreme Court approves of the
termination.
(2) If the Supreme Court approves the termination
of a retirement village, the Court may make such orders
as it thinks necessary to protect the interests of existing
residents.
Certain persons excluded from administration of
retirement village
39. (1) A person to whom this section applies must not be
concerned in the administration or management of a
retirement village.
Penalty: Fine not exceeding 350 penalty units.
(2) This section applies to
(a) a company that is subject to external
administration under the Corporations Act;
and
(b) an incorporated association that is being
wound up under the Associations
Incorporation Act 1964; and
(c) a person who
(i) has during the preceding 5 years been
convicted of an offence against another
person or an offence involving fraud or
dishonesty; or
(ii) has served a sentence of imprisonment
for an offence against another person or
an offence involving fraud or dishonesty,
if the sentence ended during the
preceding 5 years; or
43
s. 40 No. Retirement Villages 2003
(iii) is bankrupt or has applied to take the
benefit of any law relating to bankrupt
or insolvent debtors.
Contract to avoid Act
40. (1) A residence contract or other agreement or
arrangement entered into between an operator of a
retirement village and a resident after the commencement
date that
(a) is inconsistent with a provision of this Act; or
(b) purports to exclude, modify or restrict the
operation of this Act, or a right conferred by or
under this Act
is, except where the inconsistency, exclusion, modification
or restriction is expressly permitted by this Act, to that
extent void and of no effect.
(2) Where a residence contract or other agreement
or arrangement that has been entered into between an
operator and a resident before the commencement date is
inconsistent with a provision of this Act, that contract,
agreement or arrangement prevails to the extent of the
inconsistency.
Liability of directors and managers
41. (1) Where an operator that is a body corporate is
guilty of an offence against this Act, each director, within
the meaning of the Corporations Act, is also guilty of an
offence and liable to the same penalty as is provided for
the principal offence unless it is proved that he or she
could not, by the exercise of reasonable diligence, have
prevented the commission of the offence by the operator.
44
2003 Retirement Villages No. s. 42
(2) Where an operator that is an incorporated
association, within the meaning of the Associations
Incorporation Act 1964, is guilty of an offence against this
Act, each person concerned in the management of the
association is also guilty of the offence and liable to the
same penalty as is provided for the principal offence
unless it is proved that he or she could not, by the exercise
of reasonable diligence, have prevented the commission of
the offence by the operator.
Regulations
42. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
the regulations may
(a) prescribe fees payable to the Director or to the
Recorder for the purposes of this Act; and
(b) provide that a fee payable to the Director may
be determined by an estimate of the time
reasonably required for exercising his or her
powers under this Act.
Administration
43. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Primary Industries, Water
and Environment; and
45
s. 44 No. Retirement Villages 2003
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Primary Industries, Water and
Environment.
Consumer Affairs Act 1988 amended
44. The Consumer Affairs Act 1988 is amended as follows:
(a) by omitting from section 3A "or the Residential
Tenancy Act 1997" and substituting ", the
Residential Tenancy Act 1997 or the
Retirement Villages Act 2003";
(b) by omitting from section 16(3) "or the
Residential Tenancy Act 1997" and
substituting ", the Residential Tenancy Act
1997 or the Retirement Villages Act 2003";
(c) by omitting from section 16(4) "or the
Residential Tenancy Act 1997" and
substituting ", the Residential Tenancy Act
1997 or the Retirement Villages Act 2003".
Residential Tenancy Act 1997 amended
45. Section 6(2) of the Residential Tenancy Act 1997 is
amended by inserting after paragraph (g) the following
paragraph:
(ga) a residential tenancy agreement that is a
residence contract within the meaning of the
Retirement Villages Act 2003;
46
2003 Retirement Villages No. s. 46
Strata Titles Act 1998 amended
46. Section 81 of the Strata Titles Act 1998 is amended by
inserting after subsection (4) the following subsection:
(5) A body corporate may operate a retirement
village, within the meaning of the Retirement
Villages Act 2003, subject to that Act and to
subsection (4) of this section.
47
sch. 1 No. Retirement Villages 2003
SCHEDULE 1 RESIDENCE CONTRACT
Section 6(1)
A residence contract should, so far as is reasonably practicable,
be expressed plainly and in gender-neutral language and,
without limiting any other terms or conditions which may be
agreed between the parties, must comply with the following
requirements:
(a) NAMES OF PARTIES
The contract must include the full names and
addresses of each party to the contract and, in
particular, the full address of the operator.
(b) NAME AND ADDRESS OF THE RETIREMENT
VILLAGE
The contract must set out the name, if any, of the
retirement village and its full address.
(c) DESCRIPTION OF ACCOMMODATION
The contract must identify the residential premises
which will be occupied by the resident and give a
reasonable description of their features.
(d) TYPE OF OCCUPATION
The contract must specify the type of occupation to
which the resident is entitled, and the terms and
conditions of that occupation.
48
2003 Retirement Villages No. sch. 1
(e) INGOING CONTRIBUTION
The contract must specify the amount of any ingoing
contribution payable by the resident, the basis upon
which the ingoing contribution is paid, and the date on
which the ingoing contribution is payable. The
contract must also set out the terms and conditions
under which the ingoing contribution will be repaid as
a result of any of the events referred to in section 7(3)
or section 11 of the Retirement Villages Act 2003 and
the basis upon which the amount of any repayment
will be calculated.
(f) FEES AND CHARGES
The contract must specify the various fees and charges
payable by the resident, distinguishing between
recurrent charges and other fees. The contract must
specify when each fee or charge is payable and the
amount of the fee or charge, or its method of
calculation. Any right to vary the fee or charge must
be specified. The contract must also state any fee or
charge which will continue to be payable if the
resident is absent from the retirement village or ceases
to reside in the retirement village.
(g) FACILITIES AND SERVICES
The contract must specify any facilities which are to be
specifically provided for the benefit of the resident, and
any work to be undertaken by the operator. The
contract must also specify all services that the
operator will provide for the benefit of residents
generally.
49
sch. 1 No. Retirement Villages 2003
(h) LIABILITY FOR PERSONAL SERVICES
The contract must state particulars of how it is
proposed to calculate, in accordance with section 10 of
the Retirement Villages Act 2003, any amount that a
resident may be liable to pay for personal services if he
or she is absent from, or ceases to reside in, the
retirement village.
(i) COMMUNAL FACILITIES
The contract must describe the communal facilities
available to residents of the retirement village.
(j) TERMINATION OF RESIDENCE RIGHTS
The contract must specify the action which must be
taken in order to terminate the contract and the steps,
if any, that a party agrees to undertake after a
termination.
(k) OTHER ACCOMMODATION
The contract may provide information as to any
further care or accommodation that may be available
to the resident in the future.
(l) DISPUTES
The contract must specify the procedures for the
resolution of a dispute within the retirement village.
(m) TRUSTEE
The contract must set out the terms and conditions on
which a trustee has been appointed for the purposes of
the retirement village, so far as any such trustee is
involved in holding moneys paid by the resident on
trust, or is available or responsible to represent the
interests of the resident, and any rights that the
resident may have by virtue of that appointment.
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2003 Retirement Villages No. sch. 1
(n) REQUIREMENT FOR INDEPENDENT ADVICE
The contract must include a statement that it has been
recommended that, before the contract is signed, the
prospective resident should obtain advice from a
solicitor or other independent source.
51
sch. 2 No. Retirement Villages 2003
SCHEDULE 2 NOTICE TO PROSPECTIVE
RESIDENT OF RETIREMENT VILLAGE
Section 6(2)(b)
TO: (name) .........................., of (address) ....................................
THIS NOTICE SETS OUT VARIOUS LEGAL RIGHTS YOU
HAVE IF YOU ENTER INTO A CONTRACT TO BECOME A
RESIDENT OF THE (name) ....................................
RETIREMENT VILLAGE AT (address) .......................................
NOTE: The operator of the village is (name, in block letters)
...................................., of (address) ...............................................
1. "COOLING-OFF" RIGHTS. Once you have signed the
contract you have the right to rescind (i.e. cancel) the contract.
If you receive this notice before you enter into the contract, you
may rescind the contract within 5 business days after the date
of the contract. If you receive this notice after you enter into
the contract, you may rescind the contract within 5 business
days after you have received the notice. To rescind a contract,
you must give notice in writing to the abovementioned
operator. This notice should state that you have decided to
rescind the contract, and it must be delivered personally or
posted. If you rescind a contract, you are entitled to a refund of
any money paid by you under the contract. Before deciding to
enter into a contract or to rescind a contract, you should read
and consider carefully the rest of this notice and the documents
you received with this notice, including the check list of
questions relating to retirement villages generally and the
rules binding residents at the abovementioned retirement
village ("the village rules").
2. RIGHTS UNDER THE RETIREMENT VILLAGES ACT
2003. The Retirement Villages Act 2003 sets out various rights
you have if you enter into a residence contract, and these rights
cannot be excluded by contract. Some of these statutory rights
are briefly described below.
52
2003 Retirement Villages No. sch. 2
(You can buy a copy of the Act from the Printing Authority of
Tasmania or access it by means of the Internet at
www.thelaw.tas.gov.au).
Sections 6 and 7 The right to stay
As a resident at a retirement village, you have a right of
occupation of premises that will continue during your
lifetime unless it is terminated in accordance with the
Act. The termination may be by agreement between you
and the operator or, in certain circumstances, by the
operator or by you acting alone. The Act offers some
protection for your right of occupation of your premises.
However, if the operator of the retirement village
becomes insolvent, your right of occupation may be
terminated by a mortgagee under a mortgage that was in
existence at the date when the Act came into effect.
Sections 8 and 9 Ingoing contributions and service
contracts
You will be able to enforce your rights under a service
contract, or for repayment of your ingoing contribution
(i.e. the lump sum paid on entry into the retirement
village), against the operator or the owner of the land
used for the village.
Section 12 Accounts information to be provided at
annual general meeting
The operator of the retirement village must hold an
annual general meeting of residents before 30 November
in each year. At that meeting it must present accounts
showing recurrent charges, and how the amount of those
charges was spent, for the previous year and estimates of
income from recurrent charges for the next year.
Residents must have a reasonable opportunity to put
questions. A levy can be imposed only if it is authorised
by a special resolution, as defined in section 3 of the Act,
at a residents' meeting. A majority of three-quarters of
the total number of the residents is required for this
purpose.
53
sch. 2 No. Retirement Villages 2003
Section 17(1) Copies of village rules and other
documents
You will be entitled to receive, on reasonable request, a
copy of your contract, a copy of the village rules and a
statement of the amount to which you will be entitled if
you cease to reside at the retirement village. If the
village rules are altered, an amended copy of the rules
will be given to you.
Sections 26 and 31 Unreasonable village rules
An unreasonable village rule may be void, i.e. of no
effect. A dispute as to whether a rule is unreasonable
may be taken to the Director of Consumer Affairs and
Fair Trading.
Section 26 Disputes
If a dispute arises between you and the operator of the
retirement village, either party will be entitled to apply
to the Director of Consumer Affairs and Fair Trading for
resolution of the matter. However, you must first follow
the procedures for resolving disputes that are provided in
the village rules before you make an application to the
Director.
3. RIGHTS UNDER THE CONTRACT. If you enter into a
contract to become a resident of a retirement village, you will
have various rights and duties under that contract in addition
to the rights referred to above. You should read such a contract
carefully and seek advice if you are uncertain as to the
meaning or effect of any terms. You should also be certain that
you understand the rights and liabilities that are set out in the
documents you received with this notice.
IF YOU ARE UNCERTAIN AS TO ANY OF THE MATTERS
SET OUT ABOVE, YOUR RIGHTS AND DUTIES UNDER
CONTRACT OR THE PROVISIONS OF THE RETIREMENT
VILLAGES ACT 2003, YOU SHOULD SEEK INDEPENDENT
ADVICE FROM A SOLICITOR OR OTHER INDEPENDENT
SOURCE.
54
2003 Retirement Villages No. sch. 2
IF, AFTER YOU BECOME A RESIDENT OF A RETIREMENT
VILLAGE, YOU BELIEVE THAT ANY OF YOUR RIGHTS
HAVE BEEN INFRINGED, YOU SHOULD FIRST
APPROACH THE OPERATOR AND, IF YOU ARE STILL NOT
SATISFIED, YOU SHOULD SEEK INDEPENDENT ADVICE
OR APPLY TO THE DIRECTOR OF CONSUMER AFFAIRS
AND FAIR TRADING IN ACCORDANCE WITH THE
RETIREMENT VILLAGES ACT 2003.
55
sch. 3 No. Retirement Villages 2003
SCHEDULE 3 CHECK LIST
Section 6(2)(d)
YOU SHOULD READ THIS DOCUMENT CAREFULLY
ENTRY INTO A RETIREMENT VILLAGE USUALLY
INVOLVES A SIGNIFICANT CAPITAL COMMITMENT
AND MAY CHANGE YOUR LIFESTYLE
THESE QUESTIONS SHOULD ASSIST YOU TO MAKE
AN INFORMED DECISION
IF YOU ARE UNCERTAIN ABOUT ANY ASPECTS OF
THE VILLAGE OR THE DOCUMENTS YOU HAVE
RECEIVED FROM THE VILLAGE, SEEK
INDEPENDENT ADVICE
General
Have I discussed fully my decision to enter a retirement village
with my family, friends, a social worker or a relevant
independent advisory body working in the industry?
What discussions have I had with residents of the retirement
village I have chosen?
Will the lifestyle of the village (including social activities and
religion) suit me?
What are the rules with regard to having someone else live
with me?
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What system does the village have for resolving disputes?
Are the residents actively involved in making village rules?
Legal Implications
Have I sought advice on the documents relating to the village
from a solicitor, the Legal Aid Commission or some other
appropriate source?
Under what conditions can I be moved from my place of
residence to another part of the village?
How can the operator terminate my occupation?
Is my long-term occupation at the village secure?
What protection do I have if the village is sold to some other
organisation?
Financial Matters
Am I aware of, and can I afford to pay, the ingoing contribution
(if applicable), the regular recurrent charges and any
extraordinary charges which can be imposed on me?
What arrangements can be made if I can't meet future charges?
How do the terms and amount of repayment of my ingoing
contribution compare with other villages?
When do I get access to my money after I leave the village?
Are the residents actively involved in decisions concerning the
level of maintenance and services provided, their cost, and how
these costs are to be varied in the future?
What are the restrictions on the sale of my residential
premises?
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What say do I have in deciding the sale price?
Building and Construction
Have the community facilities of the village been built? If not,
what guarantee do I have that they will ever be constructed?
Do I have any say in the design, construction and furnishing of
my residential premises if construction is not yet complete?
Will the residential premises, building and site be accessible if
I become disabled and need a wheelchair or walking aid? If not,
can modifications be made easily?
Health and Welfare
What services specially designed for the elderly does the village
provide, e.g. nursing care, access to nursing care, an emergency
call system? Do these services meet my present needs and what
I expect will be my future needs?
What financial and accommodation alternatives do I have if I
become too frail to live in these residential premises?
Activities and Amenities
What are the restrictions on the use of my residential premises
and the village facilities?
How will I have to adapt and alter my existing lifestyle to
comply with the regulations and restrictions of life in the
village?
What type of public, private or village transport is available?
Are pets permitted?
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How accessible are the local shops to my present and future
needs?
Government Printer, Tasmania 59