RETIREMENT VILLAGES ACT 1986
Table of Provisions
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
- 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
- 17 Certain persons not to be involved in management of retirement villages
- 18 Application of Australian Consumer Law and Fair Trading Act 2012
- 18A Provision of factsheet
- 18B Inspection of documents relating to retirement village
- 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
- 27AA Definition
- 27 This Part not to apply to residents with freehold title
- 28 Application of Part
- 29 Creation of charges
- 30 Refunds
- 31 Application for enforcement of charge
- 31A Order enforcing charge
- 31B Powers of appointed person
- 31C Application of the proceeds of the sale
- 31D Director may intervene
- 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
- 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
- 38AA Formula for calculation of adjusted maintenance charge
- 38A Charges for personal services
- 38B Maintenance charges—former non-owner residents
Division 2--Powers of attorney and proxies
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
PART 6C--REGISTER OF RETIREMENT VILLAGES
PART 7--GENERAL
- 39 Cancellation of retirement village notices
- 40 Application of Australian Consumer Law and Fair Trading Act 2012
- 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
- 42B Infringement notices
- 43 Regulations
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
Division 2--of Part 6A does not apply to any power of attorney given before the commencement of section 16 of the 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
- 55 Transitional provision—Consumer Legislation Amendment Act 2020 ENDNOTES