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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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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 (Repealed)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
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