This legislation has been repealed.
Appendix 1 — Copy of information statement for prospective resident
Under section 13(2) of the Retirement Villages Act 1992
the owner of residential premises in a retirement village is required to provide
the following information to a person at least 5 working days before that
person enters into a residence contract.
THE OWNER MUST ANSWER EACH OF THE FOLLOWING QUESTIONS IN WRITING BELOW
EACH QUESTION —
Costs and charges
1. What costs will be payable to enter the retirement village?
2. What recurrent charges or fees will be payable and what method is used
to determine those fees? What are the components of the maintenance
fee?
3. By what percentage did the maintenance fee increase during the previous
financial year?
4. What are the arrangements and fees for any necessary insurance
cover?
5. What provision is there for a sinking fund for major maintenance and
replacement?
6. Can the prospective resident be liable for any additional or
extraordinary charges? If so, under what circumstances?
Resident input
7. What arrangements exist for a resident to have input into the
administration of the village, including the making of residence rules and the
setting of fees and charges?
Resident funded capital improvements
8. What are the rights of the prospective resident to compensation for
capital improvements made to the accommodation unit at the resident’s
expense?
Services
9. What services will be provided for the fees payable?
10. What additional or optional services are provided and at what
cost?
Existing service contract
11. Is there a service contract already in existence which will bind the
resident? How can the service contract be varied or cancelled?
Use of accommodation unit
12. What restrictions will there be on the resident in the use of his/her
accommodation unit and the village facilities in regard to —
· having someone else live
with him/her?
· having visitors, including
short stay guests?
· car parking?
· pets?
Transport
13. What type of public, private or village transport is available to
residents?
Village management
14. What are the qualifications and experience of the retirement
village’s senior management?
Medical certificate requirements
15. Does the prospective resident have to supply a medical certificate or
report to certify his/her ability to live independently?
16. Will the prospective resident have to provide documentation of his/her
medical condition and medications? If so, who will have access to it?
Emergency call procedures
17. Is there an emergency call system? If so, when is it monitored? Who
is responsible for responding to the calls?
18. In the event of an emergency who will be called and how will they gain
access to the unit?
19. If hospitalisation is required where will a person normally be
taken?
Hospitalisation
20. If hospitalisation or nursing care is required, how long will the
prospective resident’s accommodation unit be kept in the name of the
resident?
21. In the event that hospitalisation or nursing care is required, what
ongoing costs would the prospective resident incur with his/her existing
unit?
Moving
22. What costs are associated with moving to and living in alternative
accommodation within the village?
23. In what circumstances would the prospective resident be required to
move to alternative accommodation within the village or be transferred or
relocated?
Villages under construction
24. If the accommodation unit is still under construction, can the
prospective resident have input into the design, construction or furnishings of
his/her unit?
Refund of deposit
25. What entitlement does a resident have to a refund of deposit monies if
a village (planned or under construction) is not completed?
Sale of village
26. What protection will the prospective resident have against a loss of
rights (including accommodation rights) if the village is sold to another
organisation?
Restrictions on sale of unit
27. Are there any restrictions on the sale of an accommodation unit (e.g.
sole agency)? What happens if there is a dispute over the sale price?
Termination of contract
28. Under what conditions can the residence contract be terminated and at
what cost? (The conditions must include the procedures to be followed under the
Retirement Villages Act 1992.)
29. What fees will be payable by a resident on termination of the residence
contract? (This must include who is responsible for regular maintenance and
other charges during a period of vacancy.)
Refund entitlement
30. What is the refund entitlement if the residence contract is terminated?
(Include any fees or commissions charged by the administering body on
termination of the contract and detail the method used to make the
determination.)
31. To enable me to compare the financial packages offered by different
retirement villages, what would be the final return due after, say, 1, 2, 5 and
10 years?
Signature of owner:
Date:
Appendix 2 — Checklist for prospective resident
It is important for you to carefully read and consider the following
questions before deciding to enter any retirement village. If, after reading
through the list, you are uncertain as to any aspects of the village, or its
suitability for you, seek further advice.
1. Have I fully discussed my decision to enter a retirement village with my
family, friends or adviser?
2. If I am considering moving to a retirement village because the
housework, gardening and general maintenance has become too much, have I fully
considered other options? For example, obtaining home help or handyperson help,
or moving to a smaller unit in the same neighbourhood.
3. If I am considering moving to a retirement village because I have
recently lost my partner, have I given myself enough time to grieve before I
make a major lifestyle change?
4. Have I received adequate information about the retirement village I have
chosen? Have I shown the documents to a solicitor? Am I satisfied that I fully
understand the contract that I am signing?
5. Am I comfortable that the lifestyle of the village (including social
activities and religion) will suit me? Have I spoken to any residents of the
village?
6. Will the village and my unit be readily accessible if I become disabled
and need a wheelchair or walking aid? What alternatives do I have if I am no
longer able to live alone?
7. Does the village provide personal care or nursing care, an emergency
call system and other facilities specially designed for the elderly? Do these
meet my present and likely future needs?
8. Have I looked at a number of villages to compare the facilities (e.g.
recreational, transport, gardens etc.) and financial arrangements?
9. Can I afford to live in the village I have chosen and what are the
financial consequences for me if I wish to move out?
10. Is the village I have chosen accessible to my friends and
family?
11. Can I take my own furniture to the village and, if so, will it be
suitable?
12. Before I sign the contract, have I received and considered all the
information required to be given to me under the Interim Code of Fair
Practice for Retirement Villages 2001 and the Retirement Villages
Act 1992?
1 This is a compilation of the Fair Trading (Retirement
Villages Interim Code) Regulations 2001 and includes the
amendments made by the other written laws referred to in the following
table.
Citation |
Gazettal |
Commencement |
---|---|---|
Fair Trading (Retirement Villages Interim Code)
Regulations 2001 |
25 Sep 2001 p. 5241-79 |
1 Oct 2001 (see r. 2) |
These regulations expired on 31 Mar 2002 (see r. 4 of
these regulations) |