Queensland Consolidated Acts

RETIREMENT VILLAGES ACT 1999

- As at 1 February 2024 
- Act 71 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

           Division 1 - Introduction

   1.      Short title
   2.      Commencement

           Division 2 - Objects of Act and relationship with FTI Act

   3.      Objects
   3A.     Relationship with Fair Trading Inspectors Act 2014

           Division 3 - Interpretation and basic concepts

   4.      Definitions
   5.      What is a retirement village
   6.      What is retirement village land
   7.      What is a retirement village scheme
   8.      Who is a retirement village scheme operator
   9.      Who is a resident
   10.     What is a residence contract
   11.     What is an existing residence contract
   11A.    What is freehold property of a resident or former resident
   12.     What is a service agreement
   13.     (Repealed)
   14.     What is an ingoing contribution
   15.     What is an exit fee
   16.     What is an exit entitlement
   17.     What is a capital replacement fund
   18.     (Repealed)
   18A.    What is a general services charges fund
   18B.    What is a general services charge
   19.     What is a maintenance reserve fund
   20.     What is a maintenance reserve fund contribution
   21.     What is a retirement village dispute
   22.     What is a retirement village issue

           Division 4 - Operation of Act

   23.     Application of Act
   24.     Application of Body Corporate and Community Management Act 1997
   25.     Application of Fair Trading Act 1989
   26.     Certain age restrictions on residence not unlawful

   PART 2 - RETIREMENT VILLAGE SCHEMES

           Division 1 - Registration

   27.     Application for registration of a retirement village scheme
   28.     Registration of retirement village scheme
   28A.    Deregistration of retirement village scheme
   29.     Application to QCAT for review
   30.     (Repealed)
   31.     (Repealed)
   32.     (Repealed)
   33.     (Repealed)
   34.     Offence to operate etc. an unregistered retirement village scheme

           Division 2 - Retirement village scheme register

   35.     Retirement village scheme register
   36.     (Repealed)
   37.     (Repealed)

           Division 3 - Chief executive may apply for court orders

   38.     Chief executive may apply for order appointing a manager of a retirement village
   38A.    Management and administration of retirement village scheme by manager
   39.     Additional power of chief executive to seek an order

           Division 4 - Cancelling registration of retirement village

   40.     Definition for division
   40A.    Notice about cancelling registration
   40B.    Requirement to prepare closure plan
   40C.    Meaning of closure plan
   40D.    Approval of closure plan
   40E.    Revision of approved closure plan
   40F.    Requirement to implement approved closure plan
   40G.    Discontinuing closure of retirement village scheme
   40H.    Applying to cancel registration
   41.     Cancelling registration
   41A.    Application to tribunal for review

           Division 5 - Change of scheme operator

   41B.    Definitions for division
   41C.    Notice about change of scheme operator
   41D.    Requirement to prepare transition plan
   41E.    Meaning of transition plan
   41F.    Approval of transition plan
   41G.    Revision of approved transition plan
   41H.    Requirement to implement approved transition plan
   41I.    Discontinuing change of scheme operator
   41J.    Effect of change of scheme operator
   41K.    Application to tribunal for review

   PART 3 - RESIDENCE CONTRACTS

           Division 1 - Purpose and intention of part

   42.     Purpose and intention of part

           Division 2 - General

   43.     Scheme operator may enter into residence contract only if scheme is registered
   44.     Person signing residence contract to be given copy
   45.     Form and content of residence contract
   45A.    Scheme operator to give notice of end of cooling-off period in particular circumstances
   46.     Dealing with ingoing contribution
   47.     Dealing with instruments assigning property under a residence contract

           Division 3 - Rescinding residence contracts

   48.     Residence contract may be rescinded during cooling-off period
   49.     Reassignment of property acquired in cooling-off period
   50.     Scheme operator to compensate assignor if property assigned in cooling-off period is not reassigned

           Division 4 - Terminating right to reside

   51.     Definition for div 4
   52.     Termination by resident
   53.     Termination by scheme operator
   53A.    How to work out particular exit fee for a residence contract
   54.     Resident may ask for estimate statement of resident’s exit entitlement
   55.     Right to reside in a retirement village terminates automatically on resident’s death

           Division 5 - Reselling and valuing resident’s right to reside

   56.     Interpretation for div 5
   57.     Application of div 5
   58.     Reinstatement of accommodation unit
   59.     When reinstatement work must be completed
   59A.    Renovation work by scheme operator
   60.     Scheme operator and former resident to agree on resale value of accommodation unit
   61.     (Repealed)
   62.     (Repealed)
   63.     When former resident’s exit entitlement payable
   63A.    Scheme operator must enter into and complete contract to purchase freehold property
   63B.    Timing of purchase
   63C.    Contract requirements
   63D.    Purchase price of freehold property
   63E.    Contract may require reimbursement of scheme operator’s legal costs
   63F.    No sales commission payable on mandatory buyback
   63G.    Exit fee
   63H.    Relative residing in unit under s 70B
   63I.    Non-application of particular legislation to contract
   64.     Units not sold within 6 months
   65.     Scheme operator to tell resident of all offers for accommodation unit
   66.     Working out exit entitlements
   67.     Updating agreed resale value every 3 months
   67A.    Updating agreed resale value if exit entitlement is payable before right to reside is sold
   68.     Costs of selling
   69.     Limited ground for scheme operator to refuse to accept offer
   70.     Valuer
   70A.    Valuer’s independence
   70AB.   Submissions to valuer
   70AC.   Matters to be considered by valuers
   70AD.   Valuer may require information from scheme operator

           Division 5A - Relative’s right to reside

   70B.    Relative’s right to reside after death or vacation

           Division 5B - Exemptions from particular obligations relating to former residents

              Subdivision 1 - Preliminary

   70C.    Definitions for division

              Subdivision 2 - Exemptions

   70D.    Declaration of exemption
   70E.    Effect of exemption
   70F.    Scheme operator must notify changes relevant to exemption
   70G.    Chief executive may require information about exempt scheme

              Subdivision 3 - Transitional provisions for start of exemption

   70H.    Application of subdivision
   70I.    Exit entitlement payments
   70J.    Uncompleted contract to purchase freehold property
   70K.    Failure to complete purchase of freehold property before exemption starts
   70L.    Proceedings for offences

              Subdivision 4 - Transitional provision for end of exemption

   70M.    End of exemption

           Division 6 - Enforcing residence contracts

   71.     Enforcing residence contract
   72.     Restriction on enforcing residence contract
   73.     Limit on scheme operator’s liability for breach of residence contract

   PART 4 - OTHER DOCUMENTS RELATING TO RETIREMENT VILLAGE SCHEMES

   74.     Village comparison documents
   75.     Prospective costs documents
   76.     Condition reports at start of residency
   77.     Condition reports at end of residency
   78.     (Repealed)
   79.     (Repealed)
   80.     (Repealed)
   81.     (Repealed)
   82.     (Repealed)
   83.     (Repealed)
   84.     Relevant information documents to be given to prospective residents
   85.     Access to operational documents by residents and prospective residents
   86.     Misleading or deceptive conduct
   86A.    Scheme website

   PART 5 - OPERATION OF SCHEMES FOR, AND MANAGEMENT OF, RETIREMENT VILLAGES

           Division 1 - Operator and employees of village

   87.     Definitions for div 1
   88.     Persons prohibited from operating a retirement village scheme etc.
   88A.    Investigations about scheme operators etc.
   88AA.   Costs of criminal history report
   88B.    Confidentiality of criminal history

           Division 2 - Exercise of power of attorney by scheme operator

   89.     Power of attorney

           Division 3 - Capital improvement

   90.     Responsibility for capital improvement of retirement village
   90A.    Responsibility for capital improvement of resident’s accommodation unit
   90B.    Residents jointly responsible for capital improvements requested at residents meeting
   90C.    Responsibility of former resident for capital improvement
   90D.    Quotes for capital improvements
   90E.    Money received for capital improvement

           Division 4 - Capital replacement fund

   91.     Capital replacement fund
   92.     Amount of capital replacement fund
   93.     Capital replacement fund budget
   94.     Payments into capital replacement fund
   95.     Restriction on investing capital replacement fund amounts
   96.     Resident liable for replacing certain capital items

           Division 5 - Maintenance reserve fund

   97.     Maintenance reserve fund
   98.     Amount of maintenance reserve fund
   99.     Maintenance reserve fund budget
   100.    Payments into maintenance reserve fund
   101.    Restriction on investing maintenance reserve fund amounts

           Division 6 - Charges for personal services

   102.    Charges for personal services for former residents

           Division 7 - General services charges fund

   102AA.  General services charges fund
   102A.   General services charge budget
   103.    Working out and paying general services charges for residents
   104.    Working out and paying general services charges and maintenance reserve fund contributions for former residents
   105.    General services charges and maintenance reserve fund contributions for unsold right to reside in accommodation units
   106.    Increasing the total general services charge
   107.    Allowable increase in total general services charge
   107A.   Considering more cost-effective alternative services
   108.    New services to be approved by majority of residents

           Division 8 - Insurance

   109.    Definitions for div 8
   110.    Scheme operator must insure village

           Division 9 - Financial accounts and statements

   111.    Scheme operator must keep separate accounts for capital replacement fund and maintenance reserve fund
   112.    Quarterly financial statements
   112A.   Explanation of increase in general service charge
   113.    Annual financial statements
   113A.   Classification of expenditure

           Division 9A - Requirements for financial documents

   113AA.  Form and content of financial documents
   113AB.  Requirement to provide draft budgets and independent quantity surveyor’s written report

           Division 10 - Redevelopment of retirement villages

   113B.   Definition for division
   113C.   Application of division
   113D.   Requirement to prepare redevelopment plan
   113E.   Meaning of redevelopment plan
   113F.   Approval of redevelopment plan
   113G.   Revision of approved redevelopment plan
   113H.   Requirement to implement approved redevelopment plan
   113I.   Discontinuing running redevelopment of retirement village
   113J.   Application to tribunal for review

   PART 6 - STATUTORY CHARGES OVER RETIREMENT VILLAGE LAND

           Division 1 - Preliminary

   114.    Application of pt 6

           Division 2 - Creating a statutory charge, its effect and priority

   115.    Definition for div 2
   116.    Creating a charge
   117.    Charge extends to new land
   118.    Effect of charge
   119.    Priority of charge

           Division 3 - Enforcing a statutory charge

   120.    Enforcing a charge
   121.    Orders court may make
   122.    Effect of court order

           Division 4 - Extinguishing and releasing a statutory charge

   123.    Extinguishing a charge
   124.    Scheme operator may ask for release of charge if land stops being retirement village land
   125.    Chief executive to release charge

           Division 5 - Exemption from charges

   126.    Exemption from charges

   PART 7 - RESIDENTS PARTICIPATION

           Division 1 - Residents committee

   127.    Residents committee
   128.    Residents constitution
   129.    Committee’s function
   129A.   Minutes of meetings
   129B.   Residents committee may require scheme operator to attend meeting about budgets

           Division 2 - By-laws

   130.    Residents may make, change or revoke by-laws

           Division 3 - Residents meetings

   131.    Annual meeting
   132.    Other meetings

           Division 4 - Voting

   133.    Voting

   PART 8 - RIGHTS AND OBLIGATIONS OF SCHEME OPERATOR, RESIDENTS AND OTHERS

   134.    Purpose and enforceability of part
   135.    Scheme operator to respect rights of residents
   136.    Residents to respect rights of others
   137.    (Repealed)
   138.    (Repealed)
   139.    (Repealed)
   140.    (Repealed)
   141.    (Repealed)
   142.    (Repealed)
   143.    (Repealed)
   144.    (Repealed)
   145.    (Repealed)
   146.    (Repealed)
   147.    (Repealed)
   148.    (Repealed)
   149.    (Repealed)
   150.    (Repealed)
   151.    (Repealed)
   152.    (Repealed)

   PART 9 - DISPUTE RESOLUTION

           Division 1 - Preliminary

   153.    Parties’ rights under this part preserved
   154.    Preliminary negotiation

           Division 2 - Mediators

   155.    Mediator’s function
   156.    Matters that may be mediated

           Division 3 - Mediation of retirement village disputes

   157.    Notice of retirement village dispute
   158.    Registrar to act on dispute notice
   159.    Right of representation
   160.    Conference to be held in private
   161.    Parties’ attendance at conference not compellable
   162.    Parties to mediation conference
   163.    Mediation agreements
   164.    No official record of mediation conference
   165.    Withdrawal of dispute

   PART 10 - APPLICATIONS TO TRIBUNAL

           DIVISION 1 - (Repealed)

           Division 2 - Applications about retirement village disputes

   167.    Application for reference of dispute
   168.    (Repealed)

           Division 3 - Applications about other retirement village issues

   169.    Resident’s right to apply for an order if threatened with removal, deprivation or restriction
   170.    Resident may apply for order if scheme operator contravenes particular provisions
   171.    Former resident may apply for order for payment of exit entitlement
   171A.   Operator may apply for extension of time for payment of exit entitlement or mandatory buyback
   172.    (Repealed)

           Division 4 - Group applications

   173.    Application to tribunal by group of residents

           Division 5 - Representation

   174.    Who may represent a resident before the tribunal

   PART 11 - TRIBUNAL HEARINGS OF RETIREMENT VILLAGE ISSUES

           DIVISION 1 - (Repealed)

           Division 2 - Tribunal orders

   191.    Tribunal orders generally
   192.    Tribunal orders under section 169
   193.    Tribunal orders under section 170
   194.    Tribunal orders under section 171
   195.    Tribunal order under section 171A
   196.    (Repealed)
   197.    (Repealed)
   198.    (Repealed)
   199.    (Repealed)

           Division 3 - (Repealed)

   PART 12 - THE TRIBUNAL

   203.    (Repealed)
   203A.   (Repealed)
   204.    (Repealed)
   205.    (Repealed)
   206.    (Repealed)
   206A.   (Repealed)
   206B.   (Repealed)
   206C.   (Repealed)
   206D.   (Repealed)
   207.    (Repealed)
   208.    (Repealed)
   209.    Tribunal’s function
   210.    Tribunal’s jurisdiction
   211.    (Repealed)
   212.    (Repealed)

   PART 13 - OTHER PROVISIONS FOR MEDIATION CONFERENCES AND TRIBUNAL HEARINGS

           DIVISION 1 - (Repealed)

           Division 2 - General

   215.    Exclusion of other jurisdictions
   216.    (Repealed)
   217.    (Repealed)
   218.    (Repealed)

   PART 14 - MISCELLANEOUS

   219.    Starting offence proceedings
   220.    Appointments and authority
   221.    Evidentiary provisions
   222.    Act’s remedies not exclusive
   223.    Protection from liability
   224.    Responsibility for acts or omissions of representatives
   225.    Review of operation of s 63(1)(c)
   226.    Chief executive may make guidelines
   227.    Approval of forms
   227AA.  Requirements about approved forms for residence contracts and other documents
   227A.   Delegation of chief executive’s powers
   228.    Regulation-making power

   PART 15 - TRANSITIONAL AND SAVINGS PROVISIONS

           Division 1 - Transitional provisions for Act No. 71 of 1999

   229.    Existing retirement village schemes
   230.    Existing exempt organisations and retirement villages
   231.    Releasing certain existing charges
   232.    Apportionment of balance where separate funds maintained
   233.    Apportionment of balance where single fund maintained for maintenance and repairs
   234.    Apportionment of balance where single fund maintained for capital replacement and maintenance and repairs
   235.    Existing regulations
   236.    Existing by-laws
   237.    Retirement Villages Act 1988 references

           Division 2 - Transitional provisions for Retirement Villages Amendment Act 2006

   237A.   Exit fees
   237B.   Notice about inaccuracy in public information document
   237C.   Notice of end of cooling-off period
   237D.   Reinstatement work
   237E.   Budgets
   237F.   General services charges for former residents
   237G.   Insurance

           Division 3 - Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017

   237H.   Definitions for division
   237I.   Continued operation of public information documents and particular former provisions
   237J.   Approved form of public information documents
   237K.   Continued operation of former provisions relating to reinstatement work
   237L.   Village comparison documents
   237M.   Prescribed period for repayment of exit entitlement
   237N.   Updating agreed resale value
   237O.   Quarterly financial statements
   237OA.  Non-application of pt 2, div 5 to existing contracts
   237P.   (Expired)

           Division 4 - Transitional provisions for Health and Other Legislation Amendment Act 2019

   237Q.   Timing of mandatory buyback

           Division 5 - Transitional provision for Housing Legislation Amendment Act 2021

   237R.   Exemption of schemes

           Division 6 - Transitional provisions for Housing Legislation Amendment Act 2023

   237S.   Definitions for division
   237T.   Application of new ss 35(2)(c), 92(6) and 98(8)
   237U.   Continued application of former s 74(5)
   237V.   Continued application of former s 99(1)
   237W.   Continued application of former s 112(2)
   237X.   Continued application of former s 113
   237Y.   Continued application of former s 131(1) and (4)

   PART 16 - REPEAL

   238.    Repeal
           SCHEDULE - Dictionary