RETIREMENT VILLAGES ACT 1986

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

   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 former 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 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