Australian Capital Territory Current Regulations

RETIREMENT VILLAGES REGULATION 2013

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

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

   PART 2--IMPORTANT CONCEPTS

   6.      Places not retirement village—Act, s 10 (1), def retirement village, par  

   PART 3--REPRESENTATIONS AND INFORMATION ABOUT RETIREMENT VILLAGES

   6A.     General inquiry document—Act, s 23 (2)  
   7.      Disclosure statement—Act, s 24 (3)  
   8.      Copies of certain documents to be  

   PART 4--VILLAGE CONTRACTS

           Division 4.1--General

   9.      Prescribed rate of interest—Act, s 41 (5) (b)  
   10.     Amount payable for legal and other  
   11.     Condition report—Act, s 59  
   12.     Renovations and alteration of fixtures and fittings—Act,  
   13.     Contents of village contracts—Act, s 66 (1)  
   14.     Prescribed rate of interest—Act, s 69 (b)  

           Division 4.2--Settling-in period for residents

   15.     Liability of former occupant if village contract ended during settling-in  
   16.     Maximum administration fee—Act, s 73 (4)  

   PART 5--GENERAL MANAGEMENT OF RETIREMENT VILLAGES

           Division 5.1--Village rules

   17.     Village rules—Act, s 78 (2) (i)  

           Division 5.2--Certain obligations of operators

   18.     Safety inspection report—Act, s 91 (2) (h)  

           Division 5.3--Certain rights of residents

   19.     Access to residential premises in village—Act,  
   20.     Membership of residents committee—Act, s 104 (1)  
   21.     Annual management meeting agenda—Act, s 108 (4)  
   22.     Questions at annual meeting—Act, s 110 (3) (b)  
   23.     Appointment of proxies—Act, s 116 (2)  

   PART 6--FINANCIAL MANAGEMENT

           Division 6.1--Capital maintenance and replacement

   24.     Capital item—Act, s 135 (1), def capital item, par (a)  
   25.     Works not capital maintenance—Act, s 135 (1), def capital maintenance,  
   26.     Matters not to be funded from capital works fund or recurrent charges—Act, s  
   27.      Capital works fund—Act, s 143 (4)  
   28.     Use of capital works fund amounts—Act, s 144 (1) (c)  
   29.     Minimum public liability insurance—Act, s 145 (4)  

           Division 6.2--Recurrent charges

   30.     Notice of fixed formula amendment—Act, s 149 (2) (c)  
   32.     Notice of amendment—recurrent charges amended otherwise than by fixed  
   33.     Information about recurrent charges not needed to be given—Act, s 153  
   34.     Time to give information about recurrent charges—Act, s 153  

           Division 6.3--Proposed and approved annual budgets

   35.     Matters to be dealt with in proposed annual budget—Act,  
   36.     Matters not to be financed by way of recurrent charges—Act,  
   37.     Notice accompanying proposed annual budget—Act,  
   38.     Limit on contingencies in annual budget—Act, s 164  

           Division 6.4--Annual accounts

   39.     Copies of audited accounts—Act, s 169 (8) (a) (ii)  

           Division 6.5--Surplus or deficit of accounts

   40.     Making good of deficit—Act, s 174 (3) (c)  

   PART 7--DISPUTES

           Division 7.1--Dispute resolution

   41.     Representative for residents in dispute—Act, s 176 (2)  

           Division 7.2--ACAT—applications and orders

   42.     Time for making ACAT applications  
   43.     ACAT applications by residents committee  
   44.     ACAT may decide other party to application by operator  
   45.     ACAT additional orders—Act, s 181 (1) (k)  
   46.     Differential orders  

   PART 8--ENDING RESIDENCE CONTRACTS

           Division 8.1--General principles about ending residence contracts

   47.     Time for giving notice to end contract—Act, s 184 (2)  

           Division 8.2--Uncollected goods

   48.     Meaning of uncollected goods—div 8.2  
   49.     Disposal of perishable and certain other uncollected goods—Act, s 203 (1)  
   50.     Storage of other uncollected goods  
   51.     Claiming uncollected goods  
   52.     Disposal of uncollected goods after storage  
   53.     Records and accounting  

   PART 9--PRESCRIBED RATES OF INTEREST

   54.     Prescribed rate of interest—Act, s 213 (3)  
   55.     Prescribed rate of interest—Act, s 235 (6) (b)  
   56.     Prescribed rate of interest—Act, s 237 (3)  
   57.     Prescribed rate of interest—Act, s 238 (8) (b)  

   PART 10--PROTECTION OF INGOING CONTRIBUTIONS PAID BY RESIDENTS OTHER THAN REGISTERED INTEREST HOLDERS

   58.     Refund of ingoing contribution—Act, s 241 (1) (b)  

   PART 11--CONSENT OF RESIDENTS

   59.     Conduct of written ballots generally—Act, sch 1,  
   60.     When written ballot required—Act, sch 1,  
   60A.    Conduct of written ballots for special resolutions—Act, sch 1,  

   PART 12--MISCELLANEOUS

   61.     Resident—Act, dict, def resident, par (b) (ii)  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           DICTIONARY
           ENDNOTES