Western Australian Current Acts

RETIREMENT VILLAGES ACT 1992

TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4.      Act binds Crown
            
   5.      Application of Act
            
   6.      Contracting out
            
   7.      Effect of Act on other legislation

   PART 2 -- Administration  

   7A.     Commissioner
            
   8.      Functions of Commissioner
            
   9.      Commissioner may commence or defend proceedings for party
            
   10.     Delegation by Commissioner
            
   11.     Protection of officers
            
   11A.    Information officially obtained to be confidential
            
   11B.    Powers of investigation
            
   12.     Annual report

   PART 3 -- Rights and obligations of residents, owners and operators  

   13.     Residence contract
            
   14A.    Residence contracts to comply with prescribed requirements
            
   14.     Cooling-off period
            
   15.     Owner to deliver memorial
            
   16.     Occupation right not to be created unless memorial is lodged
            
   17.     Termination of residence rights
            
   18.     Premiums
            
   19.     Contractual rights of residents
            
   20.     Charges
            
   21.     Enforcement of charge
            
   22.     Termination of retirement village scheme
            
   23.     Recurrent charges payable by former residents
            
   24.     Recurrent charges may be deducted from premium repayable to former resident
            
   25.     Operator not to require payment in respect of prescribed matters

   PART 4 -- Resolution of disputes

           Division 1 -- General  

   42.     Use of other means of resolution
            
   44.     Extension of time
            
   48.     Reference of certain matters concerning operators

           Division 5 -- Orders by Tribunal  

   52.     Limits on order by Tribunal
            
   54.     Jurisdiction of Tribunal if title to land in question
            
   54A.    Jurisdiction of Tribunal under Community Titles Act 2018
            
   54B.    Jurisdiction of Tribunal under Strata Titles Act 1985
            
   55.     Disputes in relation to residence contracts
            
   56.     Disputes in relation to service contracts
            
   57A.    Disputes in relation to recurrent charges or levy payable by residents
            
   57.     Applications relating to transfer of residents
            
   58.     Termination of occupation on medical grounds
            
   59.     Termination of occupation on grounds of breach of residence contract or rules
            
   60.      Parties to minimise loss from breach of residence contract
            
   61.     Tribunal may waive defect in notice of intention to terminate
            
   62.     Tribunal may terminate residence contract if resident causes serious damage or injury
            
   63.     Tribunal may terminate residence contract if operator would otherwise suffer undue hardship
            
   64.     Suspension or refusal of orders to terminate
            
   65.     Prohibition on certain recovery proceedings in courts etc.
            
   66.     Recovery of possession of premises prohibited except by order
            
   67.     Liability of resident remaining in possession
            
   68.     Abandoned premises
            
   69.     Right of operator to compensation if resident abandons premises
            
   70.     Goods abandoned by resident after residence contract is terminated
            
   74.     Protection

   PART 5A -- Statutory manager  

   75A.    Terms used
            
   75B.    Tribunal may appoint statutory manager on application of Commissioner
            
   75C.    Proposed statutory manager must consent to appointment
            
   75D.    Variation and revocation of orders
            
   75E.    Matters to be dealt with in order appointing a statutory manager
            
   75F.    Other matters arising from appointment of statutory manager
            
   75G.    Appointment of both statutory manager and external administrator
            
   75H.    Operator to cooperate with statutory manager
            
   75I.    Tribunal may require reports and recommendations from statutory manager

   PART 5 -- Miscellaneous  

   75.     Rescission of contract
            
   76.     Persons who are not to be involved in administration of retirement villages
            
   77A.    Limitation of period for which section 76 applies to certain persons
            
   77B.    Offences by persons involved in administration of retirement village
            
   77C.    Commissioner may grant exemption certificates
            
   77.     Non-compliance may be excused by Court
            
   79.     Liability of officers for offence by body corporate
            
   80.     Time for commencing proceedings
            
   82.     Regulations
            
   83.      Review of Act
            
   84.     Savings and transitional
           SCHEDULE 1 -- Savings and transitional provisions