1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions
5 Meaning of “retirement village”
6 Meaning of “ingoing contribution”
7 Meaning of “registered interest holder”
7A Meaning of “capital gain”
8 “Permanent vacation” of residential premises
9 “Consent” of residents
10 Notes
11 Application of Act
12 Act to bind Crown
13 Effect of Act on other legislation
Part 3 Representations and information about retirement villages
14 Development consent
15 Approvals for certain facilities
16 Exceptions to prohibitions on advertising
17 Representations about retirement villages
18 General inquiry document and disclosure statement concerning retirement village
19 Information to be provided to residents
20 Copies of certain documents to be available
Part 4 Entry into retirement villages
21 Waiting list fee
22 Holding deposit
23 Deposits to be kept in trust
24 Resident to enter village contract
24A Retirement village land to be recorded on Register
25 Inconsistency between village contract and disclosure statement
26 Village contracts to be in writing
27 Operator to allow time for examination of village contracts
28 No restriction on right to seek independent advice
29 Variation or replacement of village contracts
30 Costs of obtaining certificate
31 Costs of preparation of village contracts
32 Cooling-off period
33 Rescission of village contract on grounds relating to disclosure statement
34 Effect of rescission notice
35 Consequences of resident’s rescission of service contract
36 Consequences of resident’s rescission of residence contract
37 Consequence of resident’s rescission of other village contract
38 Condition report for certain residential premises
39 Operator to give residents and prospective residents copies of village contracts
40 Contractual rights of residents against new operator
41 New operator to convene meeting of residents
41A Renovations and alteration of fixtures or fittings
42 Regulations concerning village contracts
43 Standard form of village contract
44 Parties to minimise loss from breach of village contract
Division 2 Settling-in period for residents
44A Termination of village contract during settling-in period
44B Liability of former occupant if village contract terminated during settling-in period
44C Operator to refund certain payments made by resident
44D Time for making of payments
44E Former occupant not required to pay certain amounts
Part 6 General management of retirement villages
45 Application of Division
46 Subject-matter of village rules
47 Village rules to be consistent with other laws
48 Model village rules
49 Operator may make village rules for new villages
50 Village rules for existing villages
51 Amendment of village rules
52 Operator’s objection to proposed amendment of village rules
53 Operator’s concern that amendment will impose additional cost
54 Other applications to Tribunal concerning village rules
55 Compliance with village rules
56 Compliance with village rules by persons other than operator and residents
Division 2 Certain obligations of operators
57 Certain persons not to be operators
58 Operator to provide secure premises
58A Operator to provide safe premises
59 Operator to provide village emergency system on request
59A Operator to provide emergency and home care service vehicles access to retirement village
60 Variation in services or facilities provided at village
61 Operator not to reduce or withdraw certain services and facilities
62 Consequence of unlawful variation in services or facilities
63 Operator not to require residents to patronise particular businesses
64 Operator not to demand power of attorney
65 (Repealed)
Division 3 Certain rights of residents
66 Operator to respect rights of residents
67 Restriction of operator’s access to residential premises
68 Right to appoint agent
69 Residents to be given access to information about them
70 Residents Committees and organisations
70A Membership of Residents Committee
71 Regulations concerning Residents Committees
72 Meetings between Residents Committee and operator
72A Annual management meeting to be held by operator
72B Questions to be answered at annual management meeting
73 Villages without Residents Committee
74 Meetings of residents
75 Attendance at meetings of residents
76 No restrictions on voting
77 Proxies
78 Certain limitations on proxies
79 Effect of certain votes
80 Notice of intention to vacate
Division 4 Right of certain non-residents to become residents
81 Right to become resident
82 Application to Tribunal concerning non-resident
Division 5 Certain obligations of residents
83 Residents to respect rights of other persons
Division 6 Administrators, receivers and managers
84 Application for order appointing administrator
85 No application without consent
86 Terms and conditions of appointment
87 Effect of appointment
87A Expenses of administration
87B Administrator may vary village contract
88 Revocation of appointment
89 Receivers and managers
90 No personal liability of administrator, receiver or receiver and manager
Part 7 Financial management of retirement villages
91 Financial year of retirement village
Division 2 Capital maintenance and replacement
92 Interpretation
93 Obligations of operator with respect to certain capital maintenance or replacement
94 Obligations of residents with respect to capital maintenance or replacement
95 Resident may carry out urgent capital maintenance or replacement
96 Tribunal may make orders for capital maintenance and replacement
97 Funding of certain capital maintenance and capital replacement
98 Capital maintenance to be included in proposed annual budget
99 Capital works fund
100 Retirement village to be insured
101 Operator not to sell items of capital to residents
102(Repealed)
103 Operator to pay certain recurrent charges
104 Variation of recurrent charges
105 Recurrent charges varied by fixed formula
105A Recurrent charges varied otherwise than by a fixed formula—not exceeding variation in CPI
106 Recurrent charges varied otherwise than by fixed formula—exceeding variation in CPI
106A Recurrent charges varied otherwise than by fixed formula to be increased in accordance with Act
107 Residents’ consent to variation
108 Determination by Tribunal
109 Tribunal may order refund of recurrent charges in certain circumstances
110 Receipts for recurrent charges
111 Abatement of recurrent charges
Division 5 Proposed and approved annual budgets
112 Proposed annual budget
113 Order for proposed annual budget
114 Residents’ consent to expenditure
115 Determination of expenditure by Tribunal
115A Proposed annual budget may provide for contingencies
116 Expenditure to be in accordance with approved annual budget
117 Amendment of approved annual budget
118 Auditing of accounts
119 Copies of annual accounts to be provided to residents
119A Accounts not required to be audited in certain cases
119B Quarterly accounts not required to be given to residents in certain circumstances
120 (Repealed)
Division 7 Surplus or deficit of accounts
120A Definitions
120B Any surplus to be carried over
120C Making good of deficit
121 Application of Part
122 Disputes between operator and resident
123 Jurisdiction of Tribunal
124 (Repealed)
125 Informal resolution of disputes
Division 3 Consumer, Trader and Tenancy Tribunal
126 Jurisdiction
127 No monetary limit on jurisdiction of Tribunal
128 Order of Tribunal
Part 9 Termination of residence contract
Division 1 General principles as to termination of residence contract
129 How and when residence right or contract is terminated
130 Tribunal cannot terminate certain residence contracts
131 Notice of intention to seek termination
132 Termination if residence contract frustrated
Division 2 Termination by Tribunal on application of either operator or resident
133 Termination on medical grounds
134 Termination on grounds of breach of village contract or rules
Division 3 Termination by Tribunal on application of operator
135 Termination on grounds of resident’s causing serious damage or injury
136 Termination on grounds of upgrade or change of use
Division 3A Termination by Supreme Court on application of administrator
136A Termination on grounds of retirement village ceasing to operate
Division 4 Suspension or refusal of orders for termination
137 Tribunal may suspend or refuse order for termination
Division 5 Recovery of possession of premises
138 Prohibition on certain recovery proceedings in courts
139 Operator not to recover possession of premises except by order
140 Enforcement of orders for possession
141 Liability of resident remaining in possession
Division 6 Abandonment of premises
142 Application of Division
143 Abandoned premises
144 Right of operator to compensation where resident abandons premises
145 Application of Division
146 Delivery of uncollected goods
147 Disposal of uncollected goods
148 Liability of operator
Part 10 Matters relating to vacation of premises
149 Application of Part
150 References to sale of “residential premises”
151 Recurrent charges in respect of optional services
152 Recurrent charges in respect of general services: registered interest holders
153 Recurrent charges in respect of general services: generally
154 Time of payment of recurrent charges
155 Interest on recurrent charges
156 What is a “departure fee”?
157 Payment of departure fee
158 Period for which departure fee may be charged after permanent vacation of premises: new contracts
159 Period for which departure fee may be charged after permanent vacation of premises: old contracts—registered interest holders
160 Period for which departure fee may be charged after permanent vacation of premises: old contracts—generally
161 Reduction or waiver of departure fee
Division 4 Repair and refurbishment of residential premises
162 Definition
163 Condition of premises on termination
164 No refurbishment required under contracts entered into after commencement of section
165 Refurbishment under contract in force before commencement of section
Division 5 Sale or letting of premises by certain residents
166 Application of Division
167 Options
168 Sale of premises
169 Operator not to interfere in sale
170 Costs of sale
171 Purchaser and operator to enter contract
172 Vendor’s application to Tribunal concerning proposed purchaser
173 Tribunal’s determination in relation to proposed purchaser
174 Letting or subletting of premises
175 Determination by Tribunal concerning proposed tenant or subtenant
176 Effect of granting of residential tenancy agreement under this Division
177 Operator not to interfere in letting
178 No assignment or subletting
179 Legal ability to sublet
Division 6 Payments to former occupants
180 Payments to former occupants who were registered interest holders
181 Payments to former occupants who were not registered interest holders
182 Payments to executors and administrators
182A Application of Part
182B Creation of charge
182C Disposal of land subject to charge
182D Effect of charge on successors in title
182E Application for enforcement of charge
182F Order for enforcement of charge
182G Priority of interests
182H Order not to disadvantage residents
182I Removal of charge
183 Proceedings for offences
184 Penalty notices
185 Monetary penalties imposed on operator
186 Offences by corporations
187 Offences by persons other than principal offenders
188 Definition
189 Functions of Director-General
189A Director-General may issue warning notices
190 Director-General may take or defend proceedings
191 Conduct of proceedings by Director-General
192 Intervention by Director-General
193–195 (Repealed)
196 Exclusion of personal liability
Part 12A Powers of investigation
196A Powers of entry, inspection etc
196B Power of investigator to obtain information, documents and evidence
196C Obstruction etc of investigator
196D Taking possession of documents to be used as evidence
196E Search warrants
197 No charge for information
197A False or misleading information
198 Costs of operator’s legal advice or proceedings
199 Contracting out prohibited
200 Disclosure of information
201 Service of documents
202 Costs of administration
203 Regulations
204, 205 (Repealed)
206 Repeals
207 Savings, transitional and other provisions
208 Review of Act
Schedule 1 Consent of residents