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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Retirement Villages Amendment (Information
Disclosure) Bill 2012
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Definitions 2
4 New sections 18A and 18B inserted 2
18A Provision of factsheet 2
18B Inspection of documents relating to retirement village 4
5 Resident to be given certain documents 5
6 Resident to be given certain information 6
7 Refund of in-going contribution 6
8 Regulations 6
9 Repeal of amending Act 6
ENDNOTES 7
571250B.I-23/10/2012 i BILL LA INTRODUCTION 23/10/2012
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Retirement Villages Amendment
(Information Disclosure) Bill 2012
A Bill for an Act to amend the Retirement Villages Act 1986 in
relation to the information to be provided or made available to
prospective residents of retirement villages and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Retirement Villages Act 1986 to require the
owner or manager of a retirement village to
5 provide a summary of information relating to the
retirement village and to make certain documents
available for inspection to prospective residents of
retirement villages.
571250B.I-23/10/2012 1 BILL LA INTRODUCTION 23/10/2012
Retirement Villages Amendment (Information Disclosure) Bill 2012
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
5 operation before 1 March 2014, it comes into
operation on that day.
3 Definitions
See: In section 3(1) of the Retirement Villages Act
Act No.
126/1986. 1986--
Reprint No. 6
10 as at (a) in the definition of disclosure statement for
11 June 2009
and
"prescribed form" substitute "form approved
amending by the Director";
Act Nos
1/2010, (b) insert the following definition--
13/2010,
63/2010, "factsheet, in relation to a retirement village,
72/2010 and
15 21/2012. means a summary of information
LawToday: relating to the retirement village
www.
legislation. prepared in accordance with
vic.gov.au section 18A(5);".
4 New sections 18A and 18B inserted
20 After section 18 of the Retirement Villages Act
1986 insert--
"18A Provision of factsheet
(1) A retired person, or a person acting on behalf
of a retired person, may make a request to
25 the owner or manager of a retirement village,
or to an agent of the owner or manager, for
the factsheet relating to the retirement
village.
(2) Subject to subsection (6), if the owner or
30 manager of a retirement village, or his or her
agent, receives a request under subsection
(1), the owner or manager, as the case may
be, must provide to the person who made the
request a copy of the factsheet, free of
571250B.I-23/10/2012 2 BILL LA INTRODUCTION 23/10/2012
Retirement Villages Amendment (Information Disclosure) Bill 2012
s. 4
charge, not later than 7 days after the request
is made.
Penalty: 120 penalty units.
(3) Subsection (2) applies regardless of whether
5 the request under subsection (1) is made
orally or in writing.
(4) Subject to subsection (6), if the owner or
manager of a retirement village, or his or her
agent, gives or sends targeted promotional
10 material to a retired person, or to a person
acting on behalf of a retired person, the
owner or manager, as the case may be, must
ensure that a copy of the factsheet relating to
the retirement village is included with the
15 material.
Penalty: 50 penalty units.
(5) The factsheet relating to a retirement village
must--
(a) be in the form approved by the
20 Director; and
(b) contain the prescribed information; and
(c) present in a clear, concise and effective
manner that information, including any
information included as an attachment.
25 (6) The owner or manager of a retirement village
is not required to provide a copy of the
factsheet in response to a request under
subsection (1) or include a copy of the
factsheet with the targeted promotional
30 material referred to in subsection (4) if--
571250B.I-23/10/2012 3 BILL LA INTRODUCTION 23/10/2012
Retirement Villages Amendment (Information Disclosure) Bill 2012
s. 4
(a) the retired person, or a person acting on
behalf of the retired person, has
previously been provided with a copy
of the factsheet; and
5 (b) the information in the factsheet has not
changed in a material particular since it
was provided.
(7) In this section--
targeted promotional material means
10 material given or addressed personally
to a retired person, or to a person acting
on behalf of a retired person, that is
intended to promote a particular
retirement village as a place in which to
15 live but does not include marketing
material distributed generally in a
mail-out or letter-box drop.
18B Inspection of documents relating to
retirement village
20 (1) A retired person, or a person acting on behalf
of a retired person, may make a request to
the owner or manager of a retirement village,
or to an agent of the owner or manager, to
inspect one or more prescribed documents
25 relating to the retirement village.
(2) Subject to subsection (4), if the owner or
manager of a retirement village, or his or her
agent, receives a request under
subsection (1), the owner or manager, as the
30 case may be, must make any of the requested
documents that are in his or her possession
or control available for inspection, free of
charge, not later than 7 days after the request
is made.
35 Penalty: 120 penalty units.
571250B.I-23/10/2012 4 BILL LA INTRODUCTION 23/10/2012
Retirement Villages Amendment (Information Disclosure) Bill 2012
s. 5
(3) Subsection (2) applies regardless of whether
the request under subsection (1) is made
orally or in writing.
(4) The owner or manager of a retirement village
5 is not required to make a document available
for inspection if--
(a) the retired person, or a person acting on
behalf of the retired person, has
previously inspected the document; and
10 (b) the document has not changed in a
material particular since that
inspection.".
5 Resident to be given certain documents
(1) In section 19(2) of the Retirement Villages Act
15 1986, after paragraph (c) insert--
"(ca) subject to subsection (3), a copy of the
factsheet relating to the retirement village;".
(2) After section 19(2) of the Retirement Villages
Act 1986 insert--
20 "(3) The manager of the retirement village is not
required to provide a copy of the factsheet to
the resident if--
(a) the retired person, or a person acting on
behalf of the retired person, has
25 previously been provided with a copy
of the factsheet; and
(b) the information in the factsheet has not
changed in a material particular since it
was provided.
30 (4) At least 21 days before a resident enters into
any management contract with the manager
of a retirement village, if the resident has not
previously inspected any of the documents
relating to the retirement village prescribed
571250B.I-23/10/2012 5 BILL LA INTRODUCTION 23/10/2012
Retirement Villages Amendment (Information Disclosure) Bill 2012
s. 6
for the purposes of section 18B(1), the
manager must advise the resident that he or
she has a right to do so.
Penalty: 200 penalty units.".
5 6 Resident to be given certain information
In section 20(1) of the Retirement Villages Act
1986 after "disclosure statement" insert
", a factsheet or a document relating to the
retirement village prescribed for the purposes of
10 section 18B(1)".
7 Refund of in-going contribution
In section 26(2)(b)(i) of the Retirement Villages
Act 1986 for "that is the equivalent" substitute
"that is at least the equivalent".
15 8 Regulations
In section 43(1) of the Retirement Villages Act
1986, after paragraph (c) insert--
"(ca) prescribing the information that must be
contained in a factsheet;
20 (cb) prescribing documents for the purposes of
section 18B(1);".
9 Repeal of amending Act
This Act is repealed on 1 March 2015.
Note
25 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Retirement Villages Amendment (Information Disclosure) Bill 2012
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571250B.I-23/10/2012 7 BILL LA INTRODUCTION 23/10/2012
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