Western Australian Current Regulations Western Australian Current Regulations[r. 7A]
[Heading inserted: Gazette 24 Mar 2015
p. 1027.]
1 . Statement on terms of access to aged care
services
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The administering body of a retirement village cannot guarantee
that — (a) any
proposed residential aged care facility will be constructed, or that any
existing residential aged care facility will continue to be available; or (b) you
will be allocated a place in, or have an automatic right of transfer to, any
Commonwealth funded residential aged care facility (which provides
accommodation for people who can no longer live independently); or (c) you
are eligible to receive Commonwealth and/or State funded community care
services (which provide support to assist people to continue to live
independently). Your entry to residential aged care facilities and your eligibility to receive
aged care support services are subject to availability and to your ability to
meet the eligibility and assessment requirements administered by the
Commonwealth and/or State Government. |
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Aged care facilities and services are not regulated by the
Retirement Villages Act 1992 (Western Australia). |
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NOTES 1. The Retirement Villages Act 1992
Part 4 sets out circumstances in which an application may be made to the
State Administrative Tribunal including in relation to the following
matters — (a) a
residence contract’s compliance with a requirement of the
Retirement Villages Regulations 1992 (s. 55); (b) a
dispute about a service contract or the variation or cancellation of the terms
of a service contract (s. 56); (c) an
increase in recurrent charges or imposition of levy (s. 57A); (d) the
transfer of a resident to other accommodation in the retirement village
(s. 57); (e) the
termination of a resident’s occupation of a retirement village
(s. 58 and 59); (f) the
termination of a residence contract (s. 62 and 63). 2. The Retirement Villages Act 1992
section 23 and the regulations made under that section set out limits to
the liability of certain former residents of a retirement village to pay
recurrent charges after permanently vacating residential premises in the
village. 3. Regulations made under the
Retirement Villages Act 1992 section 25 set out matters in respect
of which the administering body of a retirement village cannot demand or
receive payment from a resident or former resident of the retirement village. |
3 . Statement about seeking independent legal and
financial advice
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Prior to signing this contract you are strongly advised to obtain independent
legal and financial advice about your rights and duties under the contract. |
[Schedule 2 inserted: Gazette
24 Mar 2015 p. 1027‑30.]
This is a compilation of the Retirement Villages Regulations 1992 and
includes amendments made by other written laws. For provisions that have come
into operation, and for information about any reprints, see the compilation
table.
|
Citation |
Published |
Commencement |
|---|---|---|
|
10 Jul 1992 p. 3191‑8 |
10 Jul 1992 (see r. 2 and Gazette 10 Jul 1992
p. 3185) | |
|
Retirement Villages Amendment Regulations 1993 |
8 Jan 1993 p. 26‑7 |
10 Jan 1993 (see r. 2) |
|
Retirement Villages Amendment Regulations 1998 |
30 Sep 1998 p. 5506‑9 |
1 Oct 1998 (see r. 2) |
|
Retirement Villages Amendment Regulations 2003 1 |
9 Sep 2003 p. 4047-52 |
1 Oct 2003 (see. r. 2) |
|
Reprint 1: The Retirement Villages Regulations 1992 as at
7 Nov 2003 (includes amendments listed above) | ||
|
Retirement Villages Amendment Regulations 2004 |
30 Dec 2004 p. 6925-6 |
1 Jan 2005 (see r. 2 and Gazette 31 Dec 2004
p. 7130) |
|
Retirement Villages (Recurrent Charges, Prescribed Matters and Exemption
Certificates) Amendment Regulations 2014 |
21 Mar 2014 p. 722-30 |
r. 1 and 2: 21 Mar 2014 (see r. 2(a)); |
|
Retirement Villages Amendment Regulations 2015 |
24 Mar 2015 p. 993‑1030 |
r. 1 and 2: 24 Mar 2015 (see r. 2(a)); |
|
Retirement Villages Amendment Regulations 2016 |
23 Mar 2016 p. 861‑924 |
r. 1 and 2: 23 Mar 2016 (see r. 2(a)); |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2016 Pt. 18 |
3 Jun 2016 p. 1745-73 |
1 Jul 2016 (see r. 2(b)) |
|
Retirement Villages Regulations Amendment Regulations 2016 Pt. 3 |
30 Jun 2016 p. 2713‑34 |
1 Jul 2016 (see r. 2(b)) |
|
Reprint 2: The Retirement Villages Regulations 1992 as at 3 Feb 2017
(includes amendments listed above) | ||
|
Retirement Villages Amendment Regulations (No 2) 2018 |
28 Sep 2018 p. 3719‑20 |
r. 1 and 2: 28 Sep 2018 (see r. 2(a)); |
|
Retirement Villages Amendment Regulations 2019 |
22 Mar 2019 |
r. 1 and 2: 22 Mar 2019 (see r. 2(a)); |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2019
Pt. 18 |
18 Jun 2019 p. 2077‑115 |
1 Jul 2019 (see r. 2(b)) |
|
Retirement Villages Amendment Regulations (No. 2) 2019 |
27 Sep 2019 p. 3497‑8 |
r. 1 and 2: 27 Sep 2019 (see r. 2(a)); |
|
Commerce Regulations Amendment (Strata Titles) Regulations 2019
Pt. 5 |
31 Dec 2019 p. 4637‑46 |
1 May 2020 (see r. 2(b) and SL 2020/39 cl. 2) |
|
Retirement Villages Amendment Regulations 2020 |
SL 2020/22 27 Mar 2020 |
r. 1 and 2: 27 Mar 2020 (see r. 2(a));
|
|
Retirement Villages Amendment Regulations (No. 2) 2020 |
SL 2020/157 21 Sep 2020 |
r. 1 and 2: 21 Sep 2020 (see r. 2(a)); |
|
Retirement Villages Amendment Regulations 2021 |
SL 2021/32 26 Mar 2021 |
r. 1 and 2: 26 Mar 2021 (see r. 2(a)); |
|
Commerce Regulations Amendment (Community Titles) Regulations 2021
Pt. 7 |
SL 2021/71 18 Jun 2021 |
30 Jun 2021 (see r. 2(b) and SL 2021/69 cl. 2) |
|
Commerce Regulations Amendment (Fees and Charges) Regulations 2021
Pt. 19 |
SL 2021/86 21 Jun 2021 |
1 Jul 2021 (see r. 2(b)) |
|
Retirement Villages Amendment Regulations (No. 2) 2021 |
SL 2021/158 10 Sep 2021 |
r. 1 and 2: 10 Sep 2021 (see r. 2(a)); |
|
Retirement Villages Amendment Regulations 2022 |
SL 2022/41 25 Mar 2022 |
r. 1 and 2: 25 Mar 2022 (see r. 2(a)); |
1 The Retirement Villages Amendment
Regulations 2003 r. 4(2) reads as follows:
(2) Despite
subregulation (1), if the owner of a retirement village is required,
under section 13(2) of the Retirement Villages Act 1992 , to give a
statement containing information prescribed by regulation 4 of the
Retirement Villages Regulations 1992 , between 1 October 2003 and
31 December 2003 (inclusive), the owner satisfies the requirements
of section 13(2) if either —
(a) the
form inserted by subregulation (1); or
(b) the
form it replaced,
is completed and
signed.
Defined terms
[This is a list of terms defined and the provisions where they
are defined. The list is not part of the law.]
Defined term Provision(s)
administering body
7I(1)
alteration 7G(1)
application fee 12(1)
arrange
4A
associated person 7D(1)
belongs
6(3)
close associate 7I(1)
Code 4A
commencement day
9(1), 11(1), 13(1)
communal amenity 4A
communal service 4A
community corporation
6(3)
community titles scheme
6(3)
essential service 7H(1)
evidence of death
9(1)
exit fee 4A
former resident 9(2), 10(1)
maximum rate
10(1)
new section 13 statement
13(1)
Note 4A
payment
3A(1), 11(1)
permanently vacated 9(2)
personal amenity 4A
personal service
4A
power of attorney 7I(1)
previous
section 13 statement 13(1)
professional body
11(1)
recurrent charges
9(2)
related body corporate 4A
reserve fund
4A
scheme by-laws 6(3)
scheme plan 6(3)
security interest
11(1)
short-term residence contract
4A
short-term section 13 statement 13(1)
special resolution 11(1)
specified
4A
tier 2 scheme 6(3)
tier 3 scheme 6(3)
transitional period
13(1)
urgent repair 7H(1)