New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 60

60 Variation in services or facilities provided at village

(1) The operator of a retirement village must propose a variation in the services and facilities provided at the village if--

(a) a minimum of 5 residents, or 10% of the residents, (whichever is the greater) of the village (or, if the village has fewer than 10 occupied residential premises, residents from a majority of the occupied residential premises), or

(b) the Residents Committee of the village,

requests the operator in writing to do so.

(2) The operator may propose a variation in the services and facilities provided at the village even if there has been no request under subsection (1).

(3) The services and facilities provided at the village are not to be varied as proposed unless the residents of the village, by a special resolution, consent to the variation. If consent is given, the operator may vary the service or facility in accordance with the consent as soon as is practicable (unless the resolution provides that the variation is to take effect on a specified later date).

(4) An operator who receives a request under subsection (1) must call a meeting of the residents of the village, to be held no later than 28 days after the receipt of the request, for the purpose of considering a special resolution concerning the proposed variation.

(5) A resident is not entitled to vote on the special resolution unless the service or facility concerned is (or is proposed to be) available to the resident.

(6) Regardless of the terms of any village contract, the operator does not breach the contract by varying services or facilities in accordance with this section.

(7) If the operator considers that a proposed variation in services or facilities under this section will impose a cost on the operator additional to that allowed for in the approved annual budget, the operator must seek the residents' consent to an amendment to the approved annual budget.

(8) Section 115 does not apply to or in respect of a consent sought under this section.

(9) If the residents refuse to consent to the amendment, section 53 (3)-(5) applies to such a refusal in the same way that it applies to a refusal under that section.

(10) In this section--

"services and facilities" means services and facilities provided by or on behalf of the operator.

"variation" in a service or facility includes the following--

(a) a reduction in the service or facility,

(b) the withdrawal of a service or facility,

(c) an increase in a service or facility,

(d) any other change in a service or facility,

(e) the provision of a new service or facility.