New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999

- As at 31 May 2024 
- Act 81 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Meaning of "retirement village"
   6.      Meaning of "ingoing contribution"
   7.      Meaning of "registered interest holder"
   7A.     Meaning of "capital gain"
   8.      "Permanent vacation" of residential premises
   9.      "Consent" of residents
   10.     Notes

   PART 2 - APPLICATION OF ACT

   11.     Application of Act
   12.     Act to bind Crown
   13.     Effect of Act on other legislation

   PART 3 - REPRESENTATIONS AND INFORMATION ABOUT RETIREMENT VILLAGES

   14.     Development consent
   15.     Approvals for certain facilities
   16.     Exceptions to prohibitions on advertising
   17.     Representations about retirement villages
   18.     General inquiry document and disclosure statement concerning retirement village
   19.     Information to be provided to prospective residents
   20.     Copies of certain documents to be available

   PART 4 - ENTRY INTO RETIREMENT VILLAGES

   21.     Waiting list fee
   22.     Holding deposit
   23.     Deposits to be kept in trust

   PART 5 - VILLAGE CONTRACTS

           Division 1 - General

   24.     Resident to enter village contract
   24A.    Retirement village land to be recorded on Register
   25.     Inconsistency between village contract and disclosure statement
   26.     Village contracts to be in writing
   27.     Operator to allow time for examination of village contracts
   28.     No restriction on right to seek independent advice
   29.     Variation or replacement of village contracts
   30.     Costs of obtaining certificate
   31.     Costs of preparation of village contracts
   32.     Cooling-off period
   33.     Rescission of village contract on grounds relating to disclosure statement
   34.     Effect of rescission notice
   35.     Consequences of resident's rescission of service contract
   36.     Consequences of resident's rescission of residence contract
   37.     Consequence of resident's rescission of other village contract
   38.     Condition report for certain residential premises
   39.     Operator to give residents and prospective residents copies of village contracts
   40.     Contractual rights of residents against new operator
   41.     New operator to convene meeting of residents
   41A.    Renovations and alteration of fixtures or fittings
   42.     Regulations concerning village contracts
   43.     Standard form of village contract
   44.     Parties to minimise loss from breach of village contract

           Division 2 - Settling-in period for residents

   44A.    Termination of village contract during settling-in period
   44B.    Liability of former occupant if village contract terminated during settling-in period
   44C.    Operator to refund certain payments made by resident
   44D.    Time for making of payments
   44E.    Former occupant not required to pay certain amounts

   PART 6 - GENERAL MANAGEMENT OF RETIREMENT VILLAGES

           Division 1 - Village rules

   45.     Application of Division
   46.     Subject-matter of village rules
   47.     Village rules to be consistent with other laws
   48.     Model village rules
   49.     Operator may make village rules for new villages
   50.     Village rules for existing villages
   51.     Amendment of village rules
   52.     Operator's objection to proposed amendment of village rules
   53.     Operator's concern that amendment will impose additional cost
   54.     Other applications to Tribunal concerning village rules
   55.     Compliance with village rules
   56.     Compliance with village rules by persons other than operator and residents

           Division 2 - Certain obligations of operators

   57.     Certain persons not to be operators
   58.     Operator to provide secure premises
   58A.    Operator to provide safe premises
   58B.    Annual emergency evacuation exercises and key safety information display
   59.     Operator to provide village emergency system on request
   59A.    Operator to provide emergency and home care service vehicles access to retirement village
   60.     Variation in services or facilities provided at village
   61.     Operator not to reduce or withdraw certain services and facilities
   62.     Consequence of unlawful variation in services or facilities
   63.     Operator not to require residents to patronise particular businesses
   64.     Operator not to demand power of attorney
   65.     (Repealed)

           Division 3 - Certain rights of residents

   66.     Operator to respect rights of residents
   67.     Restriction of operator's access to residential premises
   68.     Right to appoint agent
   69.     Residents to be given access to information about them
   69A.    Right to request resident's current village contract information meeting
   70.     Residents Committees and organisations
   70A.    Membership of Residents Committee
   71.     Regulations concerning Residents Committees
   72.     Meetings between Residents Committee and operator
   72A.    Annual management meeting to be held by operator
   72B.    Questions to be answered at annual management meeting
   73.     Villages without Residents Committee
   74.     Meetings of residents
   75.     Attendance at meetings of residents
   76.     No restrictions on voting
   77.     Proxies
   78.     Certain limitations on proxies
   79.     Effect of certain votes
   80.     Notice of intention to vacate

           Division 4 - Right of certain non-residents to become residents

   81.     Right to become resident
   82.     Application to Tribunal concerning non-resident

           Division 5 - Certain obligations of residents

   83.     Residents to respect rights of other persons

           Division 5A - Rules of conduct for operators

   83A.    Definition
   83B.    Rules of conduct for operators may be prescribed by regulations
   83C.    Contravention of offence provisions of rules of conduct

           Division 6 - Administrators, receivers and managers

   84.     Application for order appointing administrator
   85.     No application without consent
   86.     Terms and conditions of appointment
   87.     Effect of appointment
   87A.    Expenses of administration
   87B.    Administrator may vary village contract
   88.     Revocation of appointment
   89.     Receivers and managers
   90.     No personal liability of administrator, receiver or receiver and manager

   PART 7 - FINANCIAL MANAGEMENT OF RETIREMENT VILLAGES

           Division 1 - Preliminary

   91.     Financial year of retirement village

           Division 2 - Capital maintenance and replacement

   92.     Interpretation
   93.     Obligations of operator with respect to certain capital maintenance or replacement
   94.     Obligations of residents with respect to capital maintenance or replacement
   95.     Resident may carry out urgent capital maintenance or replacement
   96.     Tribunal may make orders for capital maintenance and replacement
   97.     Funding of certain capital maintenance and capital replacement
   98.     Capital maintenance to be included in proposed annual budget
   99.     Capital works fund
   100.    Retirement village to be insured
   101.    Operator not to sell items of capital to residents
   101A.   Asset management plans

           Division 3 - (Repealed)
           None

           Division 4 - Recurrent charges

   102A.   Meaning of "prescribed CPI variation"
   103.    Operator to pay certain recurrent charges
   104.    Variation of recurrent charges
   105.    Recurrent charges varied by fixed formula
   105A.   Recurrent charges varied otherwise than by fixed formula--not exceeding variation in CPI
   106.    Recurrent charges varied otherwise than by fixed formula--exceeding variation in CPI
   106A.   Recurrent charges varied otherwise than by fixed formula to be increased in accordance with Act
   107.    Residents' consent to variation
   108.    Determination by Tribunal
   109.    Tribunal may order refund of recurrent charges in certain circumstances
   110.    Receipts for recurrent charges
   111.    Abatement of recurrent charges

           Division 5 - Proposed and approved annual budgets

   112.    Proposed annual budget
   113.    Order for proposed annual budget
   114.    Residents' consent to expenditure
   115.    Determination of expenditure by Tribunal
   115A.   Proposed annual budget may provide for contingencies
   116.    Expenditure to be in accordance with approved annual budget
   117.    Amendment of approved annual budget

           Division 6 - Annual accounts

              Subdivision 1 - Auditing of accounts
              Note

   118.    Definition
   118A.   Requirement for annual audits
   118B.   Who may carry out audits
   118C.   Annual consent by residents for appointment of auditor
   118D.   Tribunal may consent to appointment of auditor if disagreement
   118E.   Quarterly accounts

              Subdivision 2 - General

   119.    Copies of annual accounts to be provided to residents
   119A.   Accounts not required to be audited in certain cases
   119B.   Quarterly accounts not required to be given to residents in certain circumstances
   120.    (Repealed)

           Division 7 - Surplus or deficit of accounts

   120A.   Definitions
   120B.   Any surplus to be carried over
   120C.   Making good of deficit

   PART 8 - DISPUTES

           Division 1 - Preliminary

   121.    Application of Part

           Division 2 - Dispute resolution

   122.    Disputes between operator and resident
   123.    Jurisdiction of Tribunal
   124.    (Repealed)
   125.    Informal resolution of disputes

           Division 3 - Civil and Administrative Tribunal

   126.    Ancillary orders
   127.    No monetary limit on jurisdiction of Tribunal
   128.    Order of Tribunal

   PART 9 - TERMINATION OF RESIDENCE CONTRACT

           Division 1 - General principles as to termination of residence contract

   129.    How and when residence right or contract is terminated
   130.    Tribunal cannot terminate certain residence contracts
   131.    Notice of intention to seek termination
   132.    Termination if residence contract frustrated

           Division 2 - Termination by Tribunal on application of either operator or resident

   133.    Termination on medical grounds
   134.    Termination on grounds of breach of village contract or rules

           Division 3 - Termination by Tribunal on application of operator

   135.    Termination on grounds of resident's causing serious damage or injury
   136.    Termination on grounds of upgrade or change of use

           Division 3A - Termination by Supreme Court on application of administrator

   136A.   Termination on grounds of retirement village ceasing to operate

           Division 4 - Suspension or refusal of orders for termination

   137.    Tribunal may suspend or refuse order for termination

           Division 5 - Recovery of possession of premises

   138.    Prohibition on certain recovery proceedings in courts
   139.    Operator not to recover possession of premises except by order
   140.    Enforcement of orders for possession
   141.    Liability of resident remaining in possession

           Division 6 - Abandonment of premises

   142.    Application of Division
   143.    Abandoned premises
   144.    Right of operator to compensation where resident abandons premises

           Division 7 - (Repealed)
           None

   PART 10 - MATTERS RELATING TO VACATION OF PREMISES

           Division 1 - Preliminary

   149.    Application of Part
   150.    References to sale of "residential premises"

           Division 2 - Recurrent charges

   151.    Recurrent charges in respect of optional services
   152.    Recurrent charges in respect of general services: registered interest holders
   153.    Recurrent charges in respect of general services: generally
   154.    Time of payment of recurrent charges
   155.    Interest on recurrent charges

           Division 3 - Departure fees

   156.    What is a "departure fee"?
   157.    Payment of departure fee
   158.    Period for which departure fee may be charged after permanent vacation of premises: new contracts
   159.    Period for which departure fee may be charged after permanent vacation of premises: old contracts--registered interest holders
   160.    Period for which departure fee may be charged after permanent vacation of premises: old contracts--generally
   161.    Reduction or waiver of departure fee

           Division 4 - Repair and refurbishment of residential premises

   162.    Definition
   163.    Condition of premises on termination
   164.    No refurbishment required under contracts entered into after commencement of section
   165.    Refurbishment under contract in force before commencement of section

           Division 5 - Sale or letting of premises by certain residents

   166.    Application of Division
   167.    Options
   168.    Sale of premises
   169.    Operator not to interfere in sale
   170.    Costs of sale
   171.    Purchaser and operator to enter contract
   172.    Vendor's application to Tribunal concerning proposed purchaser
   173.    Tribunal's determination in relation to proposed purchaser
   174.    Letting or subletting of premises
   175.    Determination by Tribunal concerning proposed tenant or subtenant
   176.    Effect of granting of residential tenancy agreement under this Division
   177.    Operator not to interfere in letting
   178.    No assignment or subletting
   179.    Legal ability to sublet

           Division 6 - Payments to former occupants

   180.    Payments to former occupants who were registered interest holders
   181.    Payments to former occupants who were not registered interest holders
   182.    Payments to executors and administrators

   PART 10AA - PAYMENTS IF CERTAIN RESIDENTIAL PREMISES NOT SOLD

           Division 1 - Preliminary

   182AA.  Definitions

           Division 2 - Exit entitlement orders

   182AB.  Former occupant may apply for payment of exit entitlement
   182AC.  Secretary may make exit entitlement order
   182AD.  Content of exit entitlement orders
   182AE.  Secretary may extend period before exit entitlement order may be made

           Division 3 - Aged care facility payments

   182AF.  Former occupant may request operator to make accommodation payments
   182AG.  Operator must make accommodation payments if requested
   182AH.  Tribunal may make orders about accommodation payments

           Division 4 - Miscellaneous

   182AI.  Independent valuer to determine value of residential premises if no agreement
   182AJ.  Certain payments taken to be payment of exit entitlement
   182AK.  Tribunal may make orders about prescribed components
   182AL.  Review by Tribunal

   PART 10A - PROTECTION OF INGOING CONTRIBUTIONS PAID BY RESIDENTS OTHER THAN REGISTERED INTEREST HOLDERS

   182A.   Application of Part
   182B.   Creation of charge
   182C.   Disposal of land subject to charge
   182D.   Effect of charge on successors in title
   182E.   Application for enforcement of charge
   182F.   Order for enforcement of charge
   182G.   Priority of interests
   182H.   Order not to disadvantage residents
   182I.   Removal of charge

   PART 11 - ENFORCEMENT

   183.    Proceedings for offences
   184.    Penalty notices
   185.    Monetary penalties imposed on operator
   186.    Offences by corporations
   187.    Offences by persons other than principal offenders

   PART 12 - ADMINISTRATION

   188.    Definition
   189.    Functions of Secretary
   189A.   Secretary may issue warning notices
   189B.   Secretary may issue guidelines for compliance with certain provisions
   190.    Secretary may take or defend proceedings
   191.    Conduct of proceedings by Secretary
   192.    Intervention by Secretary
           193-195. (Repealed)
   196.    Exclusion of personal liability

   PART 12A - POWERS OF INVESTIGATION

   196A.   Powers of entry, inspection etc
   196B.   Power of investigator to obtain information, documents and evidence
   196C.   Obstruction etc of investigator
   196D.   Taking possession of documents to be used as evidence
   196E.   Search warrants

   PART 13 - MISCELLANEOUS

   197.    No charge for information
   197A.   False or misleading information
   197B.   Provision, sharing and publication of relevant village information
   198.    Costs of operator's legal advice or proceedings
   199.    Contracting out prohibited
   200.    Disclosure of information
   201.    Service of documents
   202.    Costs of administration
   203.    Regulations
   204.    COVID-19 pandemic--Ministerial exemptions
   205.    COVID-19 pandemic--non-compliance with conditions of Ministerial exemptions
   206.    Repeals
   207.    Savings, transitional and other provisions
   208.    Review of Act
           SCHEDULE 1
           Schedule 3 (Repealed)
           SCHEDULE 4