RETIREMENT VILLAGES ACT 1992
Table of Provisions
PART 1 -- Preliminary
- 1 Short title
- 2 Commencement
- 3 Terms used
- 4 Act binds Crown
- 5 Application of Act
- 6 Contracting out
- 7 Effect of Act on other legislation
PART 2 -- Administration
- 7A Commissioner
- 8 Functions of Commissioner
- 9 Commissioner may institute or defend proceedings for party
- 10 Delegation by Commissioner
- 11 Protection of officers
- 11A Information officially obtained to be confidential
- 11B Powers of investigation
- 12 Annual report
PART 3 -- Rights and obligations of residents, owners and administering bodies
- 13 Residence contract
- 14A Residence contracts to comply with prescribed requirements
- 14 Cooling-off period
- 15 Owner to deliver memorial
- 16 Occupation right not to be created unless memorial is lodged
- 17 Termination of residence rights
- 18 Premiums
- 19 Contractual rights of residents
- 20 Charges
- 21 Enforcement of charge
- 22 Termination of retirement village scheme
- 23 Recurrent charges payable by former residents
- 24 Recurrent charges may be deducted from premium repayable to former resident
- 25 Administering body not to require payment in respect of prescribed matters
PART 4 -- Resolution of disputes
Division 1 -- General
- 42 Use of other means of resolution
- 44 Extension of time
- 48 Reference of certain matters concerning administering bodies
Division 5 -- Orders by State Administrative Tribunal
- 52 Limits on orders by SAT
- 54 Jurisdiction where title to land in question
- 54A Jurisdiction of Tribunal under Community Titles Act 2018
- 54B Jurisdiction of Tribunal under Strata Titles Act 1985
- 55 Applications to SAT in relation to residence contracts
- 56 Disputes in relation to service contracts
- 57A Disputes in relation to recurrent charges or levy payable by residents
- 57 Applications relating to transfer of residents
- 58 Termination of occupation on medical grounds
- 59 Termination of occupation on grounds of breach of residence contract or rules
- 60 Parties to minimise loss from breach of residence contract
- 61 SAT may waive defect in notice of intention to terminate
- 62 SAT may terminate residence contract where resident causes serious damage or injury
- 63 SAT may terminate residence contract where administering body would otherwise suffer undue hardship
- 64 Suspension or refusal of orders to terminate
- 65 Prohibition on certain recovery proceedings in courts etc.
- 66 Recovery of possession of premises prohibited except by order
- 67 Liability of resident remaining in possession
- 68 Abandoned premises
- 69 Right of administering body to compensation where resident abandons premises
- 70 Goods abandoned by resident after residence contract is terminated
- 74 Protection
PART 5A -- Statutory manager
- 75A Terms used
- 75B SAT may appoint statutory manager on application of Commissioner
- 75C Proposed statutory manager must consent to appointment
- 75D Variation and revocation of orders
- 75E Matters to be dealt with in order appointing a statutory manager
- 75F Other matters arising from appointment of statutory manager
- 75G Appointment of both statutory manager and external administrator
- 75H Administering body to cooperate with statutory manager
- 75I State Administrative Tribunal may require reports and recommendations from statutory manager
PART 5 -- Miscellaneous
- 75 Rescission of contract
- 76 Persons who are not to be involved in administration of retirement villages
- 77A Limitation of period for which section 76 applies to certain persons
- 77B Offences by persons involved in administration of retirement village
- 77C Commissioner may grant exemption certificates
- 77 Non-compliance may be excused by Court
- 79 Liability of officers for offence by body corporate
- 80 Time for bringing proceedings
- 82 Regulations
- 83 Review of Act
- 84 Savings and transitional