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RETIREMENT VILLAGES ACT 1992

Table of Provisions

PART 1 -- Preliminary  

  • 1 Short title
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  • 2 Commencement
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  • 3 Terms used
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  • 4 Act binds Crown
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  • 5 Application of Act
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  • 6 Contracting out
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  • 7 Effect of Act on other legislation

PART 2 -- Administration  

  • 7A Commissioner
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  • 8 Functions of Commissioner
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  • 9 Commissioner may institute or defend proceedings for party
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  • 10 Delegation by Commissioner
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  • 11 Protection of officers
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  • 11A Information officially obtained to be confidential
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  • 11B Powers of investigation
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  • 12 Annual report

PART 3 -- Rights and obligations of residents, owners and administering bodies  

  • 13 Residence contract
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  • 14A Residence contracts to comply with prescribed requirements
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  • 14 Cooling-off period
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  • 15 Owner to deliver memorial
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  • 16 Occupation right not to be created unless memorial is lodged
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  • 17 Termination of residence rights
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  • 18 Premiums
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  • 19 Contractual rights of residents
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  • 20 Charges
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  • 21 Enforcement of charge
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  • 22 Termination of retirement village scheme
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  • 23 Recurrent charges payable by former residents
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  • 24 Recurrent charges may be deducted from premium repayable to former resident
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  • 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
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  • 44 Extension of time
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  • 48 Reference of certain matters concerning administering bodies

Division 5 -- Orders by State Administrative Tribunal  

  • 52 Limits on orders by SAT
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  • 54 Jurisdiction where title to land in question
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  • 54A Jurisdiction of Tribunal under Community Titles Act 2018
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  • 54B Jurisdiction of Tribunal under Strata Titles Act 1985
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  • 55 Applications to SAT in relation to residence contracts
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  • 56 Disputes in relation to service contracts
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  • 57A Disputes in relation to recurrent charges or levy payable by residents
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  • 57 Applications relating to transfer of residents
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  • 58 Termination of occupation on medical grounds
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  • 59 Termination of occupation on grounds of breach of residence contract or rules
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  • 60 Parties to minimise loss from breach of residence contract
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  • 61 SAT may waive defect in notice of intention to terminate
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  • 62 SAT may terminate residence contract where resident causes serious damage or injury
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  • 63 SAT may terminate residence contract where administering body would otherwise suffer undue hardship
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  • 64 Suspension or refusal of orders to terminate
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  • 65 Prohibition on certain recovery proceedings in courts etc.
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  • 66 Recovery of possession of premises prohibited except by order
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  • 67 Liability of resident remaining in possession
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  • 68 Abandoned premises
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  • 69 Right of administering body to compensation where resident abandons premises
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  • 70 Goods abandoned by resident after residence contract is terminated
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  • 74 Protection

PART 5A -- Statutory manager  

  • 75A Terms used
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  • 75B SAT may appoint statutory manager on application of Commissioner
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  • 75C Proposed statutory manager must consent to appointment
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  • 75D Variation and revocation of orders
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  • 75E Matters to be dealt with in order appointing a statutory manager
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  • 75F Other matters arising from appointment of statutory manager
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  • 75G Appointment of both statutory manager and external administrator
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  • 75H Administering body to cooperate with statutory manager
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  • 75I State Administrative Tribunal may require reports and recommendations from statutory manager

PART 5 -- Miscellaneous  

  • 75 Rescission of contract
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  • 76 Persons who are not to be involved in administration of retirement villages
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  • 77A Limitation of period for which section 76 applies to certain persons
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  • 77B Offences by persons involved in administration of retirement village
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  • 77C Commissioner may grant exemption certificates
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  • 77 Non-compliance may be excused by Court
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  • 79 Liability of officers for offence by body corporate
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  • 80 Time for bringing proceedings
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  • 82 Regulations
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  • 83 Review of Act
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  • 84 Savings and transitional

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