RETIREMENT VILLAGES ACT 2012

Australian Capital Territory Current Acts

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RETIREMENT VILLAGES ACT 2012

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
3. Dictionary
4. Notes
5. Offences against Act—application of Criminal Code etc

PART 2--OBJECTS AND IMPORTANT CONCEPTS

6. Objects of Act
7. Meaning of operator
8. Meaning of residence right
9. Meaning of sale, sale price and contract for the sale of
10. Meaning of retirement village
11. Meaning of ingoing contribution
12. Meaning of registered interest holder and registered long-term
13. Meaning of capital gain
14. Meaning of permanently vacated residential premises
15. Consent of residents
15A. Application to residents and operators of former retirement villages

PART 3--REPRESENTATIONS AND INFORMATION ABOUT RETIREMENT VILLAGES

16. Advertising or promoting village before development approval given
17. Advertising without approval for facilities
18. Exceptions to prohibitions on advertising
19. Representation that complex is retirement village
20. Giving information inconsistent with disclosure statement
21. Information about services and facilities
22. Making certain representations—promotional material
22A. Making certain representations—aged care services
23. General inquiry document
24. Disclosure statement
25. Failure to attach disclosure statement to village contract
26. Entering into village contract less than 14 days after giving disclosure
27. Orders for provision of general inquiry document or disclosure
28. Information to be given to prospective residents
29. Copies of certain documents to be made available
30. Certain documents to be given on request
31. Orders for documents

PART 4--ENTRY INTO RETIREMENT VILLAGES

32. Definitions—pt 4
33. Requesting or accepting waiting list fees
34. Repayment of waiting list fees—prospective resident enters village
35. Repayment of waiting list fees—prospective resident does not enter village
36. Orders for repayment of waiting list fees
37. Requesting or accepting holding deposit
38. Failure to keep deposits in trust
39. Repaying etc holding deposits and ingoing contributions
40. Orders for repayment of holding deposits and ingoing contributions

PART 5--VILLAGE CONTRACTS

Division 5.1--General

41. Resident to enter village contract
42. Retirement village land to be registered under Land Titles Act
43. Operator must give copy of retirement village notice
44. Application to remove retirement village notice from land titles
45. Inconsistency between village contract and disclosure statement
46. Village contracts must be in writing
47. Operator must allow time for reading of village contract
48. No restriction on right to obtain independent advice
49. Amendment or replacement of village contract
50. Failure to obtain certificate for amendment or replacement of village
51. Costs of obtaining certificate
52. Costs of preparation of village contracts
53. Cooling-off period
54. Rescission of village contract on grounds relating to disclosure
55. Effect of rescission notice
56. Consequences of resident's rescission of service contract
57. Consequences of resident's rescission of residence contract
58. Consequence of resident's rescission of other village contract
59. Condition report for certain residential premises
60. Operator to give resident or prospective resident copy of village
61. Contractual rights of residents against new operator
62. New operator to convene meeting of residents
63. Renovations and alteration of fixtures or fittings
64. Renovations and alteration of fixtures or fittings—ACAT orders
65. Renovations and alteration of fixtures or fittings—limitation of s 63 and s
66. Prescribed matters in village contracts
67. Standard form of village contract
68. Effect of noncompliance with standard form contract
69. Provision for payment of ingoing contributions
70. Parties to minimise loss from breach of village contract

Division 5.2--Settling-in period for residents

71. Meaning of end of the settling-in period—div 5.2
72. Ending of village contract during settling-in period
73. Liability of former occupant if village contract ended during settling-in
74. Operator to refund certain payments made by resident
75. Time for making of payments
76. Former occupant not required to pay certain amounts

PART 6--GENERAL MANAGEMENT OF RETIREMENT VILLAGES

Division 6.1--Village rules

77. Application—div 6.1
77A. Meaning of resident—pt 6
78. Subject-matter of village rules
79. Village rules to be consistent with other laws
80. Model village rules
81. Operator may make village rules for new villages
82. Villages without rules
83. Proposed amendment of village rules
84. Operator's objection to proposed amendment of village rules
85. Operator's concern that amendment will impose additional cost
86. Other applications to ACAT about village rules
87. Compliance with village rules
88. Compliance with village rules by people other than operator and

Division 6.2--Certain obligations of operators

89. Certain people not to be operators
90. Operator to provide secure premises
91. Operator to provide safe premises
92. Operator to provide village emergency system on request
93. Failure to provide emergency and home care service vehicles access to retirement
94. Change in services or facilities provided at village
95. Operator not to reduce or withdraw certain services and facilities
96. Consequence of unlawful change in services or facilities
97. Operator not to require residents to patronise particular businesses
98. Operator not to demand power of attorney

Division 6.3--Certain rights of residents

99. Operator to respect rights of residents
100. Restriction of operator's access to residential premises
101. Right to appoint agent
102. Residents to be given access to information about them
103. Residents committees and organisations
104. Membership of residents committee
105. Regulations about residents committees
106. Meetings between residents committee and operator
107. Operator must hold annual management meeting
108. Operator must give notice of annual management meeting
109. Annual management meeting—chair
110. Questions to be answered at annual management meeting
110A. Operator must keep minutes of meetings with residents
111. Villages without residents committee
112. Meetings of residents
112A. Meetings of residents—methods of communication
113. Attendance at meetings of residents
114. Meetings of residents—attendance by investigator
115. No restrictions on voting
116. Proxies
117. Certain limitations on proxies
118. Effect of certain votes
119. Notice of intention to vacate

Division 6.4--Right of certain relatives to become residents

120. Relative may ask to enter into residence contract
121. Application to ACAT by relative of resident
122. Application to ACAT by operator in relation to possession of premises by relative of
123. Application to ACAT by operator in relation to possession of premises by other

Division 6.5--Certain obligations of residents

124. Residents to respect rights of other people

Division 6.6--Administrators, receivers and managers

125. Application for order appointing administrator
126. No application without consent
127. Order may exempt administrator from certain obligations
128. Effect of appointment
129. Expenses of administration
130. Administrator may amend village contract
131. Revocation of appointment
132. Receivers and managers
133. Protection from liability—administrator, receiver or receiver and

PART 7--FINANCIAL MANAGEMENT OF RETIREMENT VILLAGES

Division 7.1--Preliminary

133A. Meaning of resident—pt 7
134. Financial year for retirement village

Division 7.2--Capital maintenance and replacement

135. Definitions—div 7.2
136. Meaning of urgent—div 7.2
136A. Capital maintenance and replacement guidelines
137. Operator's obligations—capital maintenance or replacement
138. Residents' obligations—capital maintenance or replacement
139. Resident may carry out urgent work
140. ACAT may make orders for capital maintenance and replacement
141. Funding of certain capital maintenance and capital replacement
142. Capital maintenance to be included in proposed annual budget
143. Capital works fund
144. Misuse capital works fund amounts
145. Retirement village to be insured
146. Sale of capital items to residents

Division 7.3--Recurrent charges

147. Operator to pay certain recurrent charges
148. Amendment of recurrent charges
149. Recurrent charges amended by fixed formula
150. Recurrent charges amended otherwise than by fixed formula
152. Amending certain recurrent charges otherwise than in accordance with
153. Residents consent to amendment
154. ACAT orders—recurrent charges
155. ACAT orders—refund of recurrent charges
156. Failure to give receipt for payment of recurrent charges
157. Reduction of recurrent charges in certain circumstances

Division 7.4--Proposed and approved annual budgets

158. Meaning of proposed annual budget—div 7.4
159. Proposed annual budget
160. Residents may consent to not receiving proposed annual budget
161. ACAT order—proposed annual budget
162. Residents' consent to spending
163. ACAT orders—decisions about spending
164. Proposed annual budget may provide for contingencies
165. Spending to be in accordance with approved annual budget
166. Spending otherwise than in accordance with approved annual budget
167. Amendment of approved annual budget

Division 7.5--Annual accounts

168. Auditing of accounts
169. Copies of annual accounts to be given to residents
170. Accounts need not be audited in certain circumstances
171. Quarterly accounts need not be given to residents in certain

Division 7.6--Surplus or deficit of accounts

173. Any surplus to be carried over
174. Making good of deficit

PART 8--DISPUTES

Division 8.1--Preliminary

174A. Meaning of resident—pt 8
175. Other options for dispute resolution

Division 8.1A--Dispute resolution—disputes committee

175A. Disputes committee
175B. Dispute between operator and resident—notice to dispute
175C. Disputes committee—decision
175D. Costs of dispute resolution

Division 8.2--Dispute resolution—ACAT

176. Dispute between operator and resident—application to ACAT
177. ACAT jurisdiction
178. Informal resolution of dispute

Division 8.3--The ACAT

180. No monetary limit on jurisdiction of ACAT
181. ACAT orders

PART 9--ENDING RESIDENCE CONTRACTS

Division 9.1--General principles about ending residence contracts

182. How and when residence right or contract ends
183. ACAT cannot end certain residence contracts
184. Notice of intention to seek ending of contract
185. Ending of residence contract if premises uninhabitable etc
186. Ending of residence contract if premises uninhabitable etc—application to ACAT

Division 9.2--Ending of residence contract by ACAT on application of either operator or resident

187. Ending of residence contract on medical grounds
188. Ending of residence contract on grounds of breach of village contract or

Division 9.3--Ending of residence contract by ACAT on application of operator

189. Ending of residence contract on grounds of resident causing serious damage or
190. Ending of residence contract on grounds of upgrade or change of

Division 9.4--Ending of residence contract by Supreme Court on application of administrator

191. Ending of residence contract on grounds of retirement village ceasing to

Division 9.5--Suspension or refusal of orders for ending of residence contract

192. ACAT may suspend or refuse to make order ending residence

Division 9.6--Recovery of possession of premises

193. Prohibition on certain recovery proceedings in courts
194. Person not to recover possession of premises except by order
195. Enforcement of orders for possession
196. Liability of resident remaining in possession

Division 9.7--Abandonment of premises

197. Application—div 9.7
198. Abandoned premises
199. Right of operator to compensation where resident abandons

Division 9.8--Uncollected goods

200. Application—div 9.8
201. Uncollected Goods Act does not apply
202. Delivery of uncollected goods
203. Disposal of uncollected goods
204. Title to sold goods
205. Sale of uncollected goods in contravention of this Act
206. Protection from liability—operator

PART 10--MATTERS RELATING TO VACATION OF PREMISES

Division 10.1--Preliminary

207. Meaning of permanently vacated residential
208. Meaning of sale of residential premises—pt 10

Division 10.2--Recurrent charges

209. Recurrent charges for optional services
210. Recurrent charges for general services—registered interest
211. Recurrent charges for general services—generally
212. Time of payment of recurrent charges
213. Interest on recurrent charges

Division 10.3--Departure fees

214. Meaning of departure fee
215. Meaning of village contract—div 10.3
216. Payment of departure fee
217. Departure fees payable

Division 10.4--Repair and refurbishment of residential premises

218. Meaning of refurbishment—div 10.4
219. Condition of premises on ending of residence contract
220. No refurbishment required

Division 10.5--Sale or letting of premises by certain residents

221. Application—div 10.5
221A. Meaning of resident—div 10.5
222. Options
223. Sale of premises
224. Operator not to interfere in sale
225. Costs of sale
226. Buyer and operator to enter contract
227. Seller's application to ACAT concerning proposed buyer
228. ACAT decision in relation to proposed buyer
229. Letting or subletting of premises
230. ACAT decision in relation to proposed tenant or subtenant
231. Effect of granting of residential tenancy agreement under this
232. Operator not to interfere in letting
233. No assignment or subletting
234. Legal ability to sublet

Division 10.6--Payments to former occupants

235. Payments to former occupants who were registered interest holders
236. Statements to former occupants who were registered interest holders
237. ACAT order—recalculation of amount under s 235
238. Payments to former occupants who were not registered interest
238A. Statements to former occupants who were not registered interest
239. ACAT order—recalculation of payment under s 238
240. Payments to executors and administrators

PART 11--PROTECTION OF INGOING CONTRIBUTIONS PAID BY RESIDENTS OTHER THAN REGISTERED INTEREST HOLDERS

241. Application—pt 11
242. Creation of charge
243. Disposal of land subject to charge
244. Effect of charge on successors in title
245. Application for enforcement of charge
246. Order for enforcement of charge
247. Priority of interests
248. Order not to disadvantage residents
249. Removal of charge

PART 12--ADMINISTRATION

250. Meaning of judicial body—pt 12
251. Functions of director-general
252. Director-general may issue warning notices
253. Director-general may conduct proceedings
254. Conduct of proceedings by director-general
255. Intervention by director-general
256. Protection from liability

PART 13--MISCELLANEOUS

257. Charging monetary penalty imposed on operator to village operating
258. Charging for certain information
259. Inconsistency between this Act and Civil Law (Sale of Residential Property)
260. Costs of operator's legal advice or proceeding
261. Contracting out of Act
261A. Meetings of operators—methods of communication
262. Determination of fees
263. Approved forms
264. Regulation-making power
SCHEDULE 1
DICTIONARY
ENDNOTES

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