Queensland Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2018 - SCHEDULE 1A

SCHEDULE 1A – Matters to be stated in closure plan

Statements

1 a statement setting out the requirements for closure plans under part 2 , division 4 of the Act

2 a statement to the effect that it is important for the resident of the retirement village to whom the closure plan is given to obtain independent legal advice about how the scheme operator’s implementation of the plan may affect the resident

Identifying information

3 the name and address of the retirement village

4 the following information about the scheme operator—

(a) name, ACN (if any) and contact details;

(b) the date the scheme operator started to control the scheme’s operation;

(c) the name and contact details of a representative of the scheme operator the chief executive or a resident may contact in relation to the closure plan

5 the name, ACN (if any) and contact details of the manager of the retirement village

Accommodation units

6 the number of accommodation units in the retirement village

7 the types of tenure or interest residents of the retirement village can obtain in accommodation units in the retirement village

8 the number of accommodation units in the retirement village in which each type of tenure or interest can be obtained

9 the number of residents of the retirement village who occupy accommodation units in the retirement village under each type of tenure or interest

10 the requirements relating to reinstatement work for accommodation units in the retirement village vacated on or after the declaration date for the closure plan

Retirement village land

11 the real property description of the retirement village land

12 for a community titles scheme on the retirement village land—

(a) the name of the community titles scheme; and

(b) the dealing number for the community management statement registered for the community titles scheme; and

(c) how the scheme operator will deal with impacts to the community titles scheme resulting from the closure of the retirement village scheme

13 whether the scheme operator will establish a community titles scheme on the retirement village land before closing the retirement village scheme

Notices, consultation and other communication

14 when, and how, the scheme operator will notify residents and financially-interested former residents of the retirement village of the closure of the scheme

15 details of any consultation or other communication the scheme operator has carried out with residents of the retirement village about closing the scheme or the proposed closure plan, including—

(a) the type of consultation or communication; and

(b) the matters to which the consultation or communication related

16 details of any consultation or other communication the scheme operator will carry out with residents of the retirement village about closing the scheme or the proposed closure plan, including—

(a) the type of consultation or communication; and

(b) the matters to which the consultation or communication will relate; and

(c) whether the consultation or communication will be carried out between—

(i) the day the scheme operator fully complies with section 40B (1) of the Act in relation to the proposed closure plan; and

(ii) the day of the residents meeting to decide whether to approve the proposed closure plan

17 details of any consultation or other communication the scheme operator will carry out with residents of the retirement village about a revision of the closure plan under section 40E of the Act

18 details of any consultation or other communication the scheme operator has carried out, or will carry out, with persons, other than residents of the retirement village, who may be affected by the closure

Examples of other affected persons—

• financially-interested former residents of the retirement village

• retirement village staff

• persons providing personal services for residents of the retirement village

• persons operating retail businesses in the retirement village

19 for notices to be given under section 53 (3) (d) of the Act because of the closure of the scheme—

(a) when the scheme operator will give the notices to residents of the retirement village; and

(b) whether the notice period that will be given in the notices will be more than 2 months and, if so, details of the notice period

Impacts and assistance

20 details of any impact the closure or a wind down of the scheme is likely to have on the maintenance or repair of the retirement village’s capital items

21 for general services and personal services supplied or made available at the retirement village—

(a) whether the services will continue while the scheme is being closed; and

(b) whether the services, or the way the services are supplied or made available, may change while the scheme is being closed and, if so, how the change may affect residents of the retirement village

22 whether the retirement village’s facilities may change while the scheme is being closed and, if so, how the change may affect residents of the retirement village

23 details of any construction or redevelopment relating to the retirement village land that may be carried out before the scheme is closed, including ways the construction or redevelopment may affect—

(a) the amenity of the retirement village; and

(b) the privacy or safety of residents of the retirement village; and

(c) the quiet enjoyment of accommodation units in the retirement village by residents of the retirement village

24 details of any assistance the scheme operator will provide to residents or financially-interested former residents of the retirement village in relation to closing the scheme

Examples of assistance—

compensation, reduced or waived fees, payment of costs, assistance with obtaining or relocating to alternative accommodation

Village funds

25 details of the rights and obligations of former residents of the retirement village relating to payment of general services charges and maintenance reserve fund contributions for the retirement village

26 if closing the scheme will involve a wind down of the scheme, details of how the capital replacement fund budget, maintenance reserve fund budget and general services charges budget for the retirement village will be adjusted or revised during the wind down

27 details of how a surplus or deficit of a village fund for the retirement village will be dealt with when the scheme is closed

28 when final financial statements for each village fund for the retirement village will be given to—

(a) residents and former residents of the retirement village; and

(b) the chief executive

Financial matters

29 details of the scheme operator’s source of funds for, and ability to meet, its financial obligations in relation to closing the scheme, including—

(a) the payment of exit entitlements under section 63 of the Act ; and

(b) the completion of contracts to purchase freehold interests in accommodation units in the retirement village under section 63A of the Act

30 for residents of the retirement village to whom notices are to be given under section 53 (3) (d) of the Act in relation to closing the scheme—

(a) details of how the residents’ exit entitlements will be worked out; and

(b) when the residents’ exit entitlements will be paid under section 63 of the Act ; and

(c) how other fees arising as a result of the notice will be dealt with

Examples of other fees—

legal fees, administrative fees

31 for exit entitlements that, as at the declaration date for the closure plan, have not been paid to former residents of the retirement village—

(a) the number of exit entitlements; and

(b) the scheme operator’s best estimates of—

(i) the total amount of the exit entitlements; and

(ii) when the exit entitlements are payable under section 63 of the Act

32 for freehold interests the subject of uncompleted contracts the scheme operator has entered, or contracts the scheme operator must enter, under section 63A of the Act as at the declaration date for the closure plan—

(a) the number of freehold interests; and

(b) the scheme operator’s best estimates of—

(i) the total of the amounts payable to former residents of the retirement village under the contracts; and

(ii) when the amounts will be paid to the former residents

Miscellaneous

33 whether the closure of the scheme will be permanent or temporary

34 whether closing the scheme will involve a wind down of the scheme

35 the day or period within which the scheme will be closed

36 the reason for closing the scheme

37 a description of the scheme operator’s schedule for closing the scheme

38 whether the scheme operator will, in relation to the closure of the scheme, agree in a residence contract or otherwise to a condition that is more beneficial to a resident or former resident of the retirement village than the provisions of part 3 of the Act

39 a reference to sources of information or advice about retirement villages, including the sources on the department’s website

40 a declaration, signed and dated by the scheme operator, that the information contained in the closure plan is correct as at that date