New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999

- As at 26 August 2008
- 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.      “Owner” of residential premises
   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.     Disclosure statement concerning village
   19.     General information about retirement villages
   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

   24.     Resident to enter village contract
   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
   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
   42.     Regulations concerning village contracts
   43.     Standard form of village contract
   44.     Parties to minimise loss from breach of village contract

   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
   59.     Operator to provide village emergency system on request
   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.     Operator not to demand appointment as proxy

           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
   70.     Residents Committees and organisations
   71.     Regulations concerning Residents Committees
   72.     Meetings between Residents Committee and operator
   73.     Villages without Residents Committees
   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 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
   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 replacement

   92.     Responsibility for capital replacement
   93.     Operator not liable for replacement of certain items of capital
   94.     When residents may be charged for capital replacement
   95.     Establishment of capital replacement fund
   96.     Payment out of capital replacement fund
   97.     Operator to insure village
   98.     Operator not obliged to buy items of capital

           Division 3 - Capital maintenance

   99.     Operator to maintain items of capital
   100.    Maintenance fund for long-term maintenance of items of capital
   101.    Payment into maintenance fund
   102.    Payment out of maintenance fund

           Division 4 - Recurrent charges

   103.    Operator to pay certain recurrent charges
   104.    Variation of recurrent charges
   105.    Recurrent charges varied by fixed formula
   106.    Recurrent charges varied otherwise than by fixed formula
   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 - Annual statements of proposed and approved expenditure

   112.    Statement of proposed expenditure
   113.    Order for statement of proposed expenditure
   114.    Residents’ consent to expenditure
   115.    Determination of expenditure by Tribunal
   116.    Expenditure to be in accordance with statement of approved expenditure
   117.    Amendment of statement of approved expenditure

           Division 6 - Annual accounts

   118.    Auditing of accounts
   119.    Copies of audited accounts to be provided to residents
   120.    Any surplus or deficit to be carried over

   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 - Consumer, Trader and Tenancy Tribunal

   126.    Jurisdiction
   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 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 - Uncollected goods

   145.    Application of Division
   146.    Delivery of uncollected goods
   147.    Disposal of uncollected goods
   148.    Liability of operator

   PART 10 - MATTERS RELATING TO VACATION OF PREMISES

           Division 1 - Preliminary

   149.    Application of Part
   150.    References to “owner” and sale of “residential premises”

           Division 2 - Recurrent charges

   151.    Recurrent charges in respect of personal services
   152.    Recurrent charges in respect of general services: owners
   153.    Recurrent charges in respect of general services: non-owners
   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-owners
   160.    Period for which departure fee may be charged after permanent vacation of premises: old contracts-non-owners
   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 owners
   181.    Payments to non-owners
   182.    Payments to executors and administrators

   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 Director-General
   190.    Director-General may take or defend proceedings
   191.    Conduct of proceedings by Director-General
   192.    Intervention by Director-General
   193.    Power of investigator to obtain information, documents and evidence
   194.    Limitation on power of investigator
   195.    Inspection of documents by Director-General and others
   196.    Exclusion of personal liability

   PART 13 - MISCELLANEOUS

   197.    No charge for 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, 205. (Repealed)
   206.    Repeals
   207.    Savings, transitional and other provisions
   208.    Review of Act
           SCHEDULE 1
           Schedule 3 (Repealed)
           SCHEDULE 4