South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"annual meeting" of residents means the meeting required to be convened in
accordance with section 33(1)(b);
"authorised officer" means a person appointed to be an authorised officer
under Part 2;
"bailiff" means a bailiff appointed under the South Australian Civil and
Administrative Tribunal Act 2013 ;
"business day" means any day except a Saturday, Sunday or public holiday;
"capital fund" means a contingency, sinking or other reserve fund or account
established for the purposes of capital replacement or improvements, long-term
maintenance or other similar items in respect of a retirement village;
"community retirement village" means a retirement village divided into
separate residences and common property by a community plan under the
Community Titles Act 1996 or a strata plan under the Strata Titles
Act 1988 ;
"Deputy President" means a Deputy President of the Tribunal appointed under
the South Australian Civil and Administrative Tribunal Act 2013 ;
"disclosure statement"—see section 21;
"dispute resolution policy"—see section 45;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"eligible person" means a person who has attained the age of 55 years and
retired from full-time employment;
"exit entitlement" means the amount of money that is, under a
residence contract, payable by the operator of a retirement village on a
person ceasing to reside in the retirement village or when certain conditions
specified in the contract are fulfilled and includes an exit entitlement
payable in circumstances referred to in section 27(2)(b);
"exit fee" means the amount of money that is, under a residence contract,
payable by a resident of a retirement village on the resident ceasing to
reside in the retirement village or on the sale of the resident's right to
reside at the retirement village;
Note—
This would include, for example, any deferred management fees, refurbishment
costs and remarketing costs.
"ingoing contribution" means a payment (however described) made by or on
behalf of a person in consideration for, or in contemplation of, the person
becoming a resident in a retirement village (but does not include a
recurrent charge, an exit fee, a special levy or any other payment excluded by
the regulations from the ambit of this definition);
"operator" of a retirement village means the person by whom or on whose behalf
the retirement village scheme is administered;
"period of occupation"—a resident's period of occupation of a residence
in a retirement village is the period—
(a)
commencing on the day on which the resident enters into occupation of the
residence in the retirement village; and
(b)
concluding on the day on which the resident ceases to reside in the residence
in the retirement village;
Note—
See also subsection (2).
"premises condition report"—see section 23;
"President" means the President of the Tribunal appointed under the
South Australian Civil and Administrative Tribunal Act 2013 ;
"recurrent charge" means a fee, charge or other amount (as specified in the
residence contract) payable by a resident to the operator of a
retirement village on a recurrent basis;
"register"—see section 12;
"related body corporate" has the same meaning as in the
Corporations Act 2001 of the Commonwealth;
"remarketing policy"—see section 22;
"residence" means premises or a part of premises designed for separate
occupation as a place of residence;
"residence contract" means a contract under which a person
enters into occupation of a residence in a retirement village in accordance
with a retirement village scheme;
"residence rules" means the rules with which residents of a retirement village
are expected by the operator to comply;
"resident" of a retirement village means a person who has entered into
occupation of a residence in accordance with the scheme and (subject to the
terms of a residence contract) includes a spouse or domestic partner of such a
person who—
(a) is
residing with that person; or
(b) was
residing with that person at the time of his or her death;
"retirement village" means a complex of residences or a number of separate
complexes of residences (including appurtenant land) occupied or intended for
occupation under a retirement village scheme but does not include a complex
excluded from the ambit of this definition by the regulations;
"retirement village scheme" or "scheme" means a scheme established for
eligible persons and their spouses or domestic partners, or predominantly for
eligible persons and their spouses or domestic partners, under which—
(a)
residences are occupied pursuant to a lease or licence; or
(b) a
right to occupation of residences is conferred by ownership of shares; or
(c)
residences are purchased from the operator subject to a right or option of
repurchase; or
(d)
residences are purchased by prospective residents on conditions restricting
their subsequent disposal,
but does not include a scheme under which no resident or prospective resident
of a residence pays an ingoing contribution in consideration for, or in
contemplation of, admission as a resident under the scheme;
"senior manager", in relation to a retirement village, means any person to
whom the village manager reports or who is responsible for directing the
activities of the village manager (but does not include a person appointed as
a receiver and manager of a body corporate);
"special levy"—see section 21(2)(b);
"special resolution" means a resolution passed at a meeting of residents of a
retirement village in the following circumstances:
(a) at
least 15 business days written notice of the meeting, containing a statement
of the proposed special resolution, must have been given to all residents;
(b) the
resolution must have been passed by a majority of not less than three-quarters
of the number of residents who were entitled to vote at the meeting (either in
person or by way of an absentee vote exercised in accordance with this Act);
"spouse"—a person is the spouse of another if they are legally married;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"village land owner", in relation to a retirement village, means the owner of
the land used for the retirement village but does not include an owner who is
a resident of the retirement village;
"village manager", in relation to a retirement village, means the person
responsible for the day to day management of that retirement village but does
not include a person appointed as a receiver and manager of a body corporate.
Note—
This could be the operator or a person employed or engaged by the operator to
manage the retirement village.
(2) For the purposes
of this Act—
(a) a
person
"enters into occupation" of a residence in a retirement village on the day on
which the person's right of occupation arises (whether or not the person
chooses to exercise the right on that day);
(b) a
resident's "settling-in period" is—
(i)
the period—
• the day on
which the resident enters into occupation of the residence in the
retirement village; or
• the day on
which the resident signs the residence contract,
whichever is later; and
(B) concluding 90 days after the day
referred to in subsubparagraph (A); or
(ii)
such longer period as may be specified in the resident's
residence contract;
(c) a
person will be taken to "cease to reside" in a residence in a
retirement village—
(i)
when the person (or someone else on behalf of the person)
delivers up vacant possession of the residence to the operator; or
(ii)
when the executor or administrator of the person's estate
delivers up vacant possession of the residence to the operator following the
person's death; or
(iii)
if—
(A) the operator decides to terminate the
person's right of occupation under Part 3; and
(B) the Tribunal confirms the operator's
decision to terminate the right of occupation,
at the end of the period fixed by the Tribunal within which the person must
vacate the residence;
(d) a
person will be taken to have delivered up "vacant possession of a residence in
a retirement village if—
(i)
the residence is no longer occupied; and
(ii)
all personal property has been removed from the residence
(other than property that remains the property of the operator of the
retirement village or that is to remain in the residence by agreement with the
operator).