Retirement Villages Act 1999 No 81
Current version for 3 January 2014 to date (accessed 25 November 2014 at 02:03)
Part 6Division 6

Division 6 Administrators, receivers and managers

84   Application for order appointing administrator

(1)  The Director-General may apply to the Supreme Court, in accordance with the rules of the Court, for an order appointing a specified person as an administrator of a retirement village:
(a)  to exercise all the functions of the operator of the retirement village, or
(b)  to exercise specified functions of the operator, or
(c)  to exercise all the functions other than specified functions of the operator.
(2)  The Director-General may apply for an order under this section only if:
(a)  the Director-General is of the opinion that the well-being or financial security of the residents of the retirement village concerned has been, or is likely to be, seriously affected by the continued operation of the retirement village by the operator, or
(b)  the Director-General is of the opinion that the operator of the retirement village concerned is wilfully and repeatedly acting in contravention of an order made by the Tribunal or a court in relation to the retirement village, or
(c)  the retirement village concerned is the subject of an existing order under this section.
(3)  For the purposes of determining whether an application for an order under this section should be made, the Director-General may appoint a person to inquire into, and report to the Director-General on, the well-being and financial security of the residents of a retirement village.

85   No application without consent

The Director-General is not to apply for an order appointing a person as an administrator under this Division unless the person has consented in writing to the appointment.

86   Terms and conditions of appointment

Without limiting the terms and conditions of the order of appointment of an administrator under this Division, the terms and conditions may exempt the administrator from the requirement to comply with such obligations of the operator as are specified or described in the order of appointment.

87   Effect of appointment

(1)  The operator of a retirement village must not, while an order under this Division is in force in respect of the village, exercise any of the functions of the operator that the administrator is authorised to exercise.
(2)  However, the appointment of an administrator does not relieve the operator of any of his or her liabilities under a village contract.
(3)  Subject to the terms of the appointment, a person appointed as an administrator of a retirement village must comply with all the obligations of the operator in relation to the functions that the person is authorised to exercise (including functions under a village contract) and is, in the exercise of those functions, taken to be the operator.

87A   Expenses of administration

(1)  The expenses incurred by an administrator appointed under this Division in exercising the functions of the operator of a retirement village are payable from recurrent charges and such other funds as would be available to the operator for such expenses if the administrator had not been appointed.
(2)  Neither the Crown, the Minister nor the Director-General is liable for:
(a)  any expenses incurred by an administrator appointed under this Division to exercise the functions of the operator of a retirement village, or
(b)  any liability of an operator of a retirement village in respect of which an administrator is appointed.

87B   Administrator may vary village contract

(1)  Despite any other provision of this Act, an administrator appointed under this Division may, with the consent of the Director-General:
(a)  amend or revoke an approved annual budget, or
(b)  vary the recurrent charges payable by the residents of the retirement village, or
(c)  vary the services offered by the retirement village.
(2)  The Director-General may give consent under subsection (1) only if, in the opinion of the Director-General, the proposed revocation, variation or amendment is done for the purpose of:
(a)  assisting in the process of finding a new operator for the retirement village, or
(b)  ensuring the financial viability of the retirement village.
(3)  Nothing done by the administrator in accordance with this section is to be regarded as a breach of contract or otherwise as a civil wrong.
(4)  No compensation is payable to any person because of the operation of this section or anything done under this section.

88   Revocation of appointment

(1)  An order made under this Division may be revoked or varied by the Supreme Court (whether or not on the application of the Director-General) and, unless sooner revoked, ceases to have effect at the expiration of such period after its making as may be specified in the order.
(2)  More than one order may be made under this Division in respect of the same retirement village.

89   Receivers and managers

(1)  If a receiver, or a receiver and manager, is appointed in respect of an operator of a retirement village, the person so appointed must (subject to the terms of the appointment) comply with the operator’s obligations under this Act as if that person were the operator.
(2)  The terms and conditions of appointment of a receiver, or a receiver and manager, may exempt the appointee from the requirement to comply with such obligations of the operator as are specified or described in the order of appointment.
(3)  This section does not apply to the extent that it is inconsistent with the Corporations Act 2001 of the Commonwealth.

90   No personal liability of administrator, receiver or receiver and manager

A matter or thing done or omitted to be done by an administrator, a receiver or a receiver and manager (or any person acting under the direction of the administrator, receiver or receiver and manager) does not, if the matter or thing was done or omitted in good faith for the purpose of executing this or any other Act, subject the administrator, receiver, receiver and manager or person so acting personally to any action, liability, claim or demand.
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