Victorian Consolidated Legislation

RETIREMENT VILLAGES ACT 1986

No. 126 of 1986
Version incorporating amendments as at 11 June 2009

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Act to apply to existing and new retirement villages
   5.      Act not to apply to certain retirement villages
   6.      Exemptions
   7.      Contracting out

   PART 2-RETIREMENT VILLAGE NOTICES

   8.      Residence right not to be created unless retirement village
           notice is lodged
   9.      Owner to lodge retirement village notice
   10.     Repealed
   11.     Retirement village notice to be noted on title

   PART 3-RESIDENCE RIGHTS

   12.     Part not to apply to strata and cluster subdivisions
   13.     Residence right
   14.     Enforcement of residence right
   15.     Residential Tenancies Act 1997 not to apply
   16.     Termination of residence contract

   PART 4-DEALINGS

   17.     Certain persons not to be involved in management of
           retirement villages
   18.     Application of Fair Trading Act 1999.
   19.     Resident to be given certain documents
   20.     Resident to be given certain information
   21.     Inspection of documents
   21A.    Offence not to use a contract that complies with the
           regulations
   21B.    Further matters relating to contracts
   22.     Rescission
   23.     Court may excuse inadvertent contraventions
   24.     Cooling-off period
   25.     In-going contributions to be held in trust
   26.     Refund of in-going contribution

   PART 5-CHARGES

   27.     This Part not to apply to residents with freehold title
   28.     Application of Part
   29.     Creation of charges
   30.     Refunds
   31.     Enforcement of charge
   32.     Extinguishment of charge

   PART 5A-SALE OF PREMISES BY CERTAIN RESIDENTS

   32A.    Options
   32B.    Sale of premises
   32C.    Manager not to interfere in sale
   32D.    Costs of sale
   32E.    Purchaser and manager to enter into contract
   32F.    Application by owner resident to Tribunal
   32G.    Tribunal's determinations on application of manager or
           owner resident

   PART 6-RESIDENT PARTICIPATION

   33.     Annual meeting
   34.     Proceedings at annual meetings
   35.     Repealed
   36.     Residents committee
   36A.    Resident's right to act through representative
   37.     By-laws

   PART 6A-OPERATION AND MANAGEMENT OF RETIREMENT VILLAGES

           Division 1-Maintenance and other charges

   38.     Increases in maintenance charges
   38A.    Charges for personal services
   38B.    Maintenance charges-former non-owner residents

           Division 2-Powers of attorney and proxies

   38C.    Manager not to demand power of attorney
   38D.    Manager not to demand appointment as proxy

           Division 3-Dispute mediation

   38E.    Procedure for dealing with management complaints
   38F.    Procedure for dealing with resident disputes
   38G.    Residents to be informed of complaints and disputes
           mechanisms
   38H.    Recording and reporting requirements

   PART 6B-MATTERS RELATING TO CESSATION OF OCCUPATION OF PREMISES

   38I.    Payments to owner residents

   PART 6C-REGISTER OF RETIREMENT VILLAGES

   38J.    Obligation to keep register
   38K.    Inspection of the register
   38L.    Requirement to notify Director

   PART 7-GENERAL

   39.     Cancellation of retirement village notices
   40.     Application of Fair Trading Act 1999.
   41.     Who may bring proceedings for offences?
   41A.    Offence to supply false or misleading information
   42.     Consequences of rescission
   42A.    Certain contractual provisions relating to arbitration void
   43.     Regulations
   44.     Transitional

   PART 8-TRANSITIONAL

   45.     Definitions
   46.     Transitional provision-residential care facilities-2005 Amendment Act
   47.     Transitional provision-Extinguishment of charge relating
           to residential care facilities-2005 Amendment Act
   48.     Transitional provision-Cancellation of notices relating to residential care facilities-2005 Amendment Act
   49.     Transitional provision-contracts-2005 Amendment Act
   50.     Transitional provision-appointment of agents-2005 Amendment Act
   51.     Transitional provision-powers of attorney-2005
           Amendment Act
   52.     Transitional provision-payments to owner residents-2005 Amendment Act
   53.     Transitional provision-registration of retirement villages-2005 Amendment Act
   54.     Transitional provision-contractual provisions relating to arbitration-2005 Amendment Act
           __________________
           1-3-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details