QueenslandRetirementVillagesAct1999Current as at [Not applicable]Indicative reprint noteThis is anunofficialversion of a
reprint of this Act that incorporates allproposedamendmentstotheActincludedintheHealthandOtherLegislation
Amendment Bill 2018. This indicative reprint has been
preparedfor information only—it is not an
authorised reprint of the Act.Some
enacted but uncommenced amendments included in theHousingLegislation
(Building Better Futures) Amendment Act 2017No. 42
havealso been incorporated in this indicative
reprint.The point-in-time date for this indicative
reprint is the introduction date fortheHealthandOtherLegislationAmendmentBill2018—13November2018.DetailedinformationaboutindicativereprintsisavailableontheInformationpage of the
Queensland legislation website.
Retirement Villages Act 1999Retirement Villages Act 1999Part
1 Preliminary[s 1]AnActtoprovidefortheestablishmentandoperationofretirement villages, and for other
purposesNotauthorised—indicativeonlyPart
1PreliminaryDivision 1Introduction1Short
titleThis Act may be cited as theRetirement Villages Act 1999.Editor’s note—Uncommencedamendmentstothefollowingprovisionshavebeenincluded in this
indicative reprint—•sections 13, 18–18B, 20, 27, 28A,
35–38A, 40-41, 44–45, 53, 56,58-59,61–69,70AB–70AD,74-86A,93–94,98–99,102AA–102A, 103–108,
111–113, 129B, 167, 170–171A, 191, 195, 221,225, 227AA,
228•part 2 division 5•part
3 divisions 5 and 7 hdgs, division 10•part
8•part 15 division 3•schedule.See 2017 Act No.
42 ss 88–151.2CommencementThis Act
commences on a day to be fixed by proclamation.Current as at
[Not applicable]Page 11
Retirement Villages Act 1999Part 1
Preliminary[s 3]Division 2Objects of Act and relationship withFTI
ActNotauthorised—indicativeonly3Objects(1)The main objects of this Act
are—(a)topromoteconsumerprotectionandfairtradingpracticesinoperatingretirementvillagesandinsupplying
services to residents by—(i)declaringparticularrightsandobligationsofresidents and scheme operators; and(ii)facilitatingthedisclosureofinformationtoprospectiveresidentsofaretirementvillagetoensuretherightsandobligationsoftheresidentsandschemeoperatormaybeeasilyunderstood;and(b)to encourage the continued growth and
viability of theretirement village industry in the
State.(2)The following are also objects of this
Act—(a)to encourage the adoption of best
practice standards bythe retirement village
industry;(b)toprovideaclearregulatoryframeworktoensurecertainty for
the retirement village industry in planningfor future
expansion;(c)to facilitate participation by
residents, who want to beinvolved, in the affairs of retirement
villages;(d)to provide for processes for resolving
disputes betweenresidents and scheme operators.3ARelationship with Fair Trading
Inspectors Act 2014(1)TheFairTradingInspectorsAct2014(theFTI
Act) enactscommonprovisionsforthisActandparticularotherActsabout fair
trading.Page 12Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
1 Preliminary[s 4](2)Unless this Act otherwise provides in
relation to the FTI Act,the powers that an inspector has under
that Act are in additionto and do not limit any powers the
inspector may have underthis Act.(3)In
this section—inspectormeans a person
who holds office under the FTI Actas an inspector
for this Act.Note—See also the
modifying provision for this Act stated in the FTI Act,section 8.Division 3Interpretation and basic concepts4DefinitionsThe dictionary
in the schedule defines particular words usedin this
Act.5What is aretirement
village(1)Aretirement
villageis premises where older members of
thecommunityorretiredpersonsreside,oraretoreside,inindependent living units or serviced
units, under a retirementvillage scheme.(2)In
this section—premisesdoesnotincludeasitewithinthemeaningoftheManufactured Homes (Residential Parks)
Act 2003.6What isretirement village landLand isretirement village landif the land is
used, or to beused,foraretirementvillageand,forlandincludedinacommunitytitlesschemewithinthemeaningoftheBodyCorporateandCommunityManagementAct1997,includesthelotsandcommonpropertyintowhichthelandissubdivided.Current as at
[Not applicable]Page 13
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 1
Preliminary[s 7]7What is aretirement village schemeAretirementvillageschemeisaschemeunderwhichaperson—(a)enters into a residence contract; and(b)inconsiderationforpayinganingoingcontributionunder the
residence contract, acquires personally or forsomeone else, a
right to reside in a retirement village,however the
right accrues; and(c)on payment of the relevant charge,
acquires personallyor for someone else, a right to receive 1 or
more servicesin relation to the retirement
village.8Who is aretirement
village scheme operatorApersonisaretirementvillageschemeoperatoriftheperson,aloneorwithsomeoneelse,controlsthescheme’soperation or
purports to control the scheme’s operation.9Who
is aresidentAresidentof a retirement
village is a person who has a rightto reside in the
retirement village and a right to receive 1 ormoreservicesinrelationtotheretirementvillageunderaresidence contract.10What
is aresidence contract(1)Aresidence contractis 1 or more
written contracts, other thanan excluded
contract, about residence in a retirement villageentered into between a person and the scheme
operator.(2)A residence contract includes any
other contract (anancillarycontract)
between the person and the scheme operator if theancillary contract is dependent on, or
arises out of, the makingof the residence contract or another
ancillary contract.Page 14Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
1 Preliminary[s 10](3)Without limiting the interests that a
residence contract may bebasedon,aresidencecontractmaybebasedonafreeholdinterest in an accommodation unit.(4)To be a residence contract, a contract
must—(a)either—(i)purport to give a person, or give rise to a
personhaving,anexclusiverighttoresideinanaccommodation unit in the retirement
village; or(ii)provide for, or
give rise to, obligations on a personinrelationtotheperson’sorsomeoneelse’sresidence in the retirement village;
and(b)purport to give a person, or give rise
to a person having,a right in common with other residents in
the retirementvillage,touseandenjoytheretirementvillage’scommunal facilities; and(c)contain or incorporate—(i)a
service agreement or an agreement to enter into aserviceagreementthatincludesacopyoftheservice agreement; and(ii)if the contract
includes an ancillary agreement thatis not signed
contemporaneously with the contract,an agreement to
enter into the ancillary agreementthatincludesacopyoftheancillaryagreement;and(d)restrict the way in which, or the
persons to whom—(i)the right to reside in the retirement
village may bedisposed of during the resident’s lifetime;
or(ii)if the contract
is based on a freehold interest in anaccommodationunit—theresident’sfreeholdproperty may be disposed of during the
resident’slifetime.Current as at
[Not applicable]Page 15
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 1
Preliminary[s 11]11What
is anexisting residence contractAnexisting residence contractis a
residence contract existingimmediately
before the commencement of this Act.11AWhat
is freehold property of a resident or former resident(1)A freehold interest in an
accommodation unit is a resident’sfreehold
propertyif—(a)the freehold
interest is—(i)held by the resident; or(ii)heldbyanotherpersonbutnothelddirectlyorindirectly by the scheme operator;
andExamples for subparagraph (ii)—•afreeholdinterestinanaccommodationunitheldby—•the trustee of a trust in which the
resident holdsan interest; or•a
corporation in which the resident holds shares;or•the resident’s child or another family
member(b)the resident has a right to reside in
the accommodationunit.(2)Afreeholdinterestinanaccommodationunitisaformerresident’sfreehold
propertyif—(a)the freehold
interest is—(i)held by the former resident; or(ii)heldbyanotherpersonbutnothelddirectlyorindirectly by the scheme operator;
and(b)theformerresidenthadarighttoresideintheaccommodation unit that has been
terminated under thisAct.Page 16Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
1 Preliminary[s 12]12What
is aservice agreement(1)Aservice agreementis an agreement
made between a personandaschemeoperatorunderwhichgeneralservicesorpersonalservicesaretobesuppliedforortothepersonorsomeoneelsewhenthepersonorotherpersonbecomesaresident of a retirement village.(2)A service agreement may be in a
residence contract.14What is aningoing
contribution(1)Aningoing
contributionis the amount payable by a personunder a residence contract to secure the
person’s, or someoneelse’s,righttoresideinaretirementvillage,butdoesnotinclude a recurrent payment for rent, fees
or charges.(2)It is immaterial whether—(a)the right to reside in the village is
enforceable or not; or(b)the payment
alone secures the right, or something else isalso required to
secure it.15What is anexit fee(1)Anexit feeis
the amount that a resident may be liable to payto,orcredittheaccountof,aschemeoperatorunderaresidence contract arising from—(a)the resident ceasing to reside in the
accommodation unitto which the contract relates; or(b)thesettlementofthesaleoftherighttoresideintheaccommodation unit.(2)Theexitfeeforaresidencecontract,includinganexistingresidence
contract, that a resident may be liable to pay to, orcredit the account of, the scheme operator
is to be calculatedas at—(a)thedaytheresidentceasestoresideintheaccommodationunittowhichtheresidencecontractrelates; orCurrent as at
[Not applicable]Page 17
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 1
Preliminary[s 16](b)if a
relative of the resident resides in the accommodationunit
under section 70B(2)—the sooner of the followingdays—(i)thedaytherelativevacatestheaccommodationunit;(ii)the day that is
3 months after the resident’s right toresideintheaccommodationunitundertheresidence contract is terminated under this
Act.Notes—1Subsection (2) states the day at which the
exit fee for a residencecontract is to be worked out, and not
the method of working out theexit fee.2Section 53A states how to work out the
exit fee for a residencecontract that is worked out under the
contract having regard to thelength of time
the resident has resided in the unit.(3)Subsection (2) applies despite anything to
the contrary in anexisting residence contract.(4)In this section, a reference to a
resident includes a reference toaperson,otherthanaschemeoperator,whoentersintoaresidence contract for the purpose of
giving someone else aright to reside in the retirement
village.Example for subsection (4)—Mr
Smith enters into a residence contract with a scheme operator
whichgives Mr Smith’s mother the right to reside
in the retirement village.For this section, a reference to a
resident includes not only Mr Smith’smother who has a
right to reside in the retirement village but also MrSmith.16What
is anexit entitlement(1)Anexit entitlementis the amount
that a scheme operator maybe liable to pay to, or credit the
account of, a former residentunder a
residence contract arising from—(a)the
resident ceasing to reside in the accommodation unitto
which the contract relates; or(b)thesettlementofthesaleoftherighttoresideintheaccommodation unit.Page
18Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
1 Preliminary[s 17](2)Inthissection,areferencetoaformerresidentincludesareferencetoaperson,otherthanaschemeoperator,whoentersintoaresidencecontractforthepurposeofgivingsomeone else a
right to reside in the retirement village.17What
is acapital replacement fundAcapitalreplacementfundisafundestablishedundersection 91 for replacing the retirement
village’s capital items.18What is acapital replacement fund contributionAcapital replacement fund
contributionis a percentage of aresident’singoingcontribution,decidedbytheschemeoperator and described in the resident’s
residence contract asa contribution to the capital
replacement fund.18AWhat is a general services charges
fundAgeneral services charges fundis a
fund established undersection 102AA for general
services.18BWhat is a general services
chargeAgeneral services chargeis a
charge payable by a resident inaretirementvillage,ofanamountdecidedbytheschemeoperatorundertheresident’sresidencecontract,forthegeneralservicessuppliedtoresidentsinthevillageforafinancial year.19What
is amaintenance reserve fundAmaintenancereservefundisafundestablishedundersection 97formaintainingandrepairingtheretirementvillage’s
capital items.Current as at [Not applicable]Page
19
Retirement Villages Act 1999Part 1
Preliminary[s 20]20What
is a maintenance reserve fund contributionAmaintenancereservefundcontributionisanamountpayablebyaresidenttotheschemeoperator,undertheresident’sresidencecontract,asacontributiontothemaintenance reserve fund.Notauthorised—indicativeonly21What is aretirement village dispute(1)Aretirement
village disputeis a dispute between a schemeoperatorandaresidentofaretirementvillageabouttheparties’ rights and obligations under the
resident’s residencecontract or this Act.(2)Forsubsection
(1),aretirementvillagedisputeincludesadispute about compliance by a scheme
operator or a residentwith this Act, whether or not a
particular failure to comply isan offence
against this Act.(3)In this section—residentincludes a former resident.Note—InsomeprovisionsofthisActthereisnomeansofenforcementapparent on the
face of the provision but enforcement by the disputeresolution process is available because of
this section.22What is aretirement
village issueAretirement village issueis—(a)a retirement
village dispute; or(b)an application for an order under
sections 169 to 171 or173.Division 4Operation of Act23Application of ActThis Act applies
to—Page 20Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
1 Preliminary[s 24](a)aretirementvillagescheme,includingaschemeforaretirementvillagetowhichtheBodyCorporateandCommunity Management Act 1997applies, the schemeoperator and
inducements and invitations to enter intothe scheme
if—(i)the retirement village is, or is to
be, situated in theState, irrespective of where the scheme is
operatedorinducementsorinvitationstoenterintothescheme are given or published;
or(ii)the scheme is
operated in the State, irrespective ofwhere the
retirement village is, or is to be, situatedorinducementsorinvitationstoenterintothescheme are given or published;
and(b)aresidencecontractenteredintobeforeorafterthecommencementofthissection,unlessthisActstatesotherwise.24Application of Body Corporate and
CommunityManagement Act 1997IfthereisaninconsistencybetweenthisActandtheBodyCorporate and Community Management Act
1997in relationto a person’s
rights and obligations under a retirement villagescheme, this Act prevails to the extent of
the inconsistency.25Application of Fair Trading Act
1989This Act does not limit the application of
theFair Trading Act1989,
including the Australian Consumer Law (Queensland)forming part of that Act, to the
acquisition, under a residencecontract, of
goods or services, within the meaning of that Act.26Certain age restrictions on residence
not unlawfulDespite theAnti-Discrimination Act 1991, it
is not unlawfulfor a scheme operator to discriminate on the
basis of age if thediscrimination merely limits residence in a
retirement villageto older members of the community and
retired persons.Current as at [Not applicable]Page
21
Retirement Villages Act 1999Part 2
Retirement village schemes[s 27]Part 2Retirement village schemesNotauthorised—indicativeonlyDivision 1Registration27Application for registration of a retirement
villagescheme(1)Apersonmayapplytothechiefexecutivetoregisteraretirement village scheme.Note—Seepart15fortransitionalandsavingsprovisionsaboutexistingretirement
village schemes.(2)Theapplicationmustbeintheapprovedformandaccompanied by—(a)particulars of the following—(i)the land on which the retirement
village’s buildingsand facilities are, or are to be,
constructed;(ii)the
accommodation units and communal facilitiesthe scheme
operator undertakes are, or are to be,availableforthevillagewhentheschemeisregistered;(iii)the
accommodation units and communal facilitiesthe scheme
operator intends to make available forthevillageaftertheschemeisregistered,depending on the
sales activity, finance availability,or market
conditions, for the village;(iv)thetermsunderwhichpersonsare,oraretobe,invited to enter into the scheme under the
residencecontracts for the retirement village;(v)other particulars of the scheme
prescribed under aregulation; and(b)acopyofthevillagecomparisondocumentforthescheme;
and(c)the application fee prescribed under a
regulation; andPage 22Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 28](d)if,beforeorwhentheapplicationismade,thechiefexecutiverequiresthepaymentofcostsundersection 88AA(1)—theamountofthecostsrequiredtobe
paid.(3)A requirement mentioned in subsection
(2)(d) is sufficientlymade of the applicant if it is made
generally of applicants inthe approved form or notified on the
department’s website.28Registration of
retirement village scheme(1)Thechiefexecutivemayregister,orrefusetoregister,aretirementvillageschemeforwhichanapplicationforregistration has been made.(2)The chief executive’s decision must be
made within 60 daysof the later of—(a)the
day the application is received; or(b)iftheparticularswiththeapplicationdonotconformwiththerequirementsofsection 27(2)andthechiefexecutiveasksforfurtherparticulars,thedaytheparticulars are
given.(3)Thechiefexecutivemayregistertheschemeonlyifsatisfied—(a)the
application complies with section 27; and(b)theapplicantisnotprohibitedfromoperatingaretirement village scheme under section
88.(4)If the chief executive registers the
scheme, the chief executivemust promptly
give the applicant a registration certificate, inthe
approved form, stating the day the scheme was registered.(5)If the chief executive refuses to
register the scheme, the chiefexecutivemustpromptlygivetheapplicantaQCATinformation
notice for the decision.(6)If the chief
executive fails to decide the application in the timerequired under subsection (2), the chief
executive is taken tohave refused the application.Current as at [Not applicable]Page
23
Retirement Villages Act 1999Part 2
Retirement village schemes[s 28A]Note—Seesection 29aboutapplyingtothetribunaltoreviewarefusaldecision made,
or taken to have been made, by the chief executiveunder this section.Notauthorised—indicativeonly28ADeregistration of
retirement village scheme(1)This section
applies if the chief executive reasonably believesthat
either—(a)a scheme operator is implementing an
approved closureplan for a retirement village scheme;
or(b)a retirement village scheme is no
longer operating.(2)Thechiefexecutivemay,bywrittennotice(aderegistrationnotice)
given to the scheme operator, deregister the scheme,effective from—(a)ifsubsection(1)(a)applies—thedaythat,undertheapproved closure plan, the scheme will
stop operating;or(b)ifsubsection(1)(b)applies—30daysafterthederegistration notice is given to the scheme
operator.(3)ThechiefexecutivemustalsogivetheschemeoperatoraQCAT information notice for the
decision.29Application to QCAT for review(1)Apersonwhoseapplicationtoregisteraretirementvillageschemehasbeenrefused,oristakentohavebeenrefused,may apply, as
provided under the QCAT Act, to the tribunalfor a review of
the decision.(2)However, if the chief executive is
taken to have refused theapplicationundersection 28,theperiodwithinwhichtheperson may apply to the tribunal for a
review of the decision is88 days after the application to
register the scheme was made.(3)The
scheme operator may apply, as provided under the QCATAct,tothetribunalforareviewofthechiefexecutive’sdecision to
deregister a retirement village scheme.Page 24Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 34]34Offence to operate etc. an
unregistered retirement villagescheme(1)Ifaretirementvillageschemeis notregistered,theschemeoperator or
proposed scheme operator must not—(a)operate the scheme; or(b)induceorinviteapersontoparticipateintheschemeby—(i)residingintheretirementvillagetowhichthescheme relates; or(ii)paying an ingoing contribution; or(iii)doing another
act in relation to the scheme; or(c)use
a document, or publish an advertisement, to induceor
invite a person to participate in the scheme by—(i)residingintheretirementvillagetowhichthescheme relates; or(ii)paying an ingoing contribution; or(iii)doing another
act in relation to the scheme; or(d)extend an existing retirement
village.Maximum penalty—540 penalty units.(2)However, the scheme operator or
proposed scheme operatordoesnotcontravenesubsection
(1)(c)ifthedocumentoradvertisementmerelyinvitesexpressionsofinterestinthescheme.(3)In
this section—advertisementincludes an
advertisement made by publishinga statement or
claim—(a)in a document, including a newspaper
or magazine; or(b)bybroadcast,electronictelecommunication, video or film.communication,induceincludes attempt to induce.Current as at [Not applicable]Page
25
Retirement Villages Act 1999Part 2
Retirement village schemes[s 35]Division 2Retirement village scheme registerNotauthorised—indicativeonly35Retirement
village scheme register(1)The chief
executive must keep a register for retirement villageschemes.(2)Theregistermustincludethefollowingitems(therecords)for each registered scheme—(a)copies of the following
documents—(i)the registration certificate;(ii)thevillagecomparisondocumentandnoticesaboutmaterialchangestoinformationinthevillage comparison document given
under section74(5);(iii)if
former section 36 applies to the scheme operatorundersection237I—thepublicinformationdocumentandnoticesaboutinaccuraciesinthepublicinformationdocumentgivenunderformersection
36;(b)theparticularsoftheschemementionedinsection 27(2)(a);(c)theannualfinancialstatementsgiventothechiefexecutive under section 113(4).(3)The records are to be kept on the
register for at least 10 years.(4)Apersonmay,onpaymentofthefeeprescribedunderaregulation—(a)inspect the register at a place or places
decided by thechief executive; or(b)takeextractsfrom,orobtainacopyofdetailsin,theregister.(5)The
register may be kept in any form that allows a person tohave
access to it under subsection (4).(6)In
this section—Page 26Current as at
[Not applicable]
formersee section
237H.Retirement Villages Act 1999Part
2 Retirement village schemes[s 38]Notauthorised—indicativeonlyDivision 3Chief executive
may apply for courtorders38Chief executive may apply for order
appointing amanager of a retirement village(1)ThechiefexecutivemayapplytotheDistrictCourtforamanagement order
if the chief executive reasonably believes—(a)theschemeoperatorhasnotcompliedwithsection40A(2), 40B(1), 40F(1) or (2), 41C(2),
41D(1), 41H(1)or (2), 113D or 113H(1) or (2); or(b)the order is otherwise necessary to
protect the interestsof residents of a particular
retirement village.(2)In urgent circumstances—(a)the application may be made ex parte;
and(b)the management order may be made on an
interim basis.(3)If the court makes a management order,
it may, at any time,make any ancillary order it considers
necessary to support themanagement order.(4)A
manager appointed under a management order must, at therequestofthechiefexecutive,reporttothechiefexecutiveabouthowthemanagerhasexercised,orwillexercise,functions of the scheme operator under the
order.Maximum penalty—100 penalty units.(5)Ifamanagerisappointedunderamanagementordertoexercise a function of a scheme
operator, this Act applies tothe exercise of
the function as if the manager were the schemeoperator.(6)In this section—managementordermeansanorderappointingastatedperson, as
manager of a retirement village, to exercise—Current as at
[Not applicable]Page 27
Retirement Villages Act 1999Part 2
Retirement village schemes[s 38A](a)all
the functions of the scheme operator; or(b)stated functions of the scheme operator;
or(c)allthefunctions,otherthanstatedfunctions,ofthescheme operator.Notauthorised—indicativeonly38AManagement and
administration of retirement villagescheme by
manager(1)An expense incurred by a manager in,
or an amount chargedby a manager for, exercising functions
of a scheme operatormust be paid from—(a)the
general services charges fund; or(b)anotherfundfromwhichtheschemeoperatorwouldhave been able
to pay the expense if the manager hadnot been
appointed.(2)The State is not liable for—(a)anexpenseincurredbyamanagerinexercisingfunctions of a
scheme operator; or(b)anyliabilityofaschemeoperatorifamanagerisappointed to exercise functions of the
scheme operator.(3)Toremoveanydoubt,itisdeclaredthattheexerciseofafunction of a scheme operator by a
manager is not a servicefor the purpose of section 108.(4)In this section—managermeans a manager appointed under section
38.39Additional power of chief executive to
seek an order(1)Thissectionappliesifthechiefexecutiveconsiders,onreasonable grounds, that a person is
contravening section 34.(2)ThechiefexecutivemayapplytotheDistrictCourtforanorder to stop
the person from contravening the section.(3)The
court may make any order, including an interim order, itconsiders appropriate.Page 28Current as at [Not applicable]
Division 4Retirement
Villages Act 1999Part 2 Retirement village schemes[s
40]Cancelling registration of retirementvillageNotauthorised—indicativeonly40Definition for divisionIn
this division—residents meeting noticesee section
40B(1)(b).40ANotice about cancelling
registration(1)This section applies if a scheme
operator proposes to close aretirement
village scheme.(2)Theoperatormustgivethechiefexecutivenoticeabouttheproposal in the approved form.Maximum penalty—100 penalty units.(3)Forsubsection(1),aschemeoperatorproposestoclosearetirementvillageschemeiftheschemeoperatorproposesto—(a)wind down the retirement village
scheme; or(b)stop operating the retirement village
scheme, includingtemporarily.40BRequirement to prepare closure plan(1)The scheme operator must, within 28
days of giving a noticeunder section 40A(2) (thenotice period) or any
extension ofthenoticeperiodgrantedundersubsection(3),giveeachresident of the retirement village—(a)aproposedclosureplanfortheretirementvillagescheme; and(b)anotice(aresidents meeting notice),intheapprovedform, that states—(i)if
the proposed closure plan is not approved undersection40D(1)(a),withinastatedreasonableperiod that is
not less than 21 days after the givingCurrent as at
[Not applicable]Page 29
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 2
Retirement village schemes[s 40C]oftheresidentsmeetingnotice,theschemeoperatormayapplytothechiefexecutiveforapprovaloftheproposedclosureplanundersection 40D(1)(b); and(ii)if
the chief executive approves the proposed closureplan
under section 40D(1)(b), a resident may applyto the tribunal
for a review of the decision undersection
41A.Maximum penalty—100 penalty units.(2)The scheme operator may, within the
notice period, apply tothe chief executive for an extension
of the notice period.(3)Thechiefexecutivemaygranttheextensionifthechiefexecutive is
satisfied it is not reasonably practicable for theschemeoperatortocomplywithsubsection(1)withinthenotice period.40CMeaning of closure plan(1)Aclosure plan, for a
retirement village scheme, is a writtenplan about
closing the retirement village scheme.(2)A
closure plan for a retirement village scheme must be in theapproved form and state the matters
prescribed by regulation.40DApproval of
closure plan(1)A proposed closure plan may be
approved—(a)bytheresidents,byaspecialresolutionataresidentsmeeting;
or(b)onapplicationundersubsection(3),bythechiefexecutive.(2)Iftheproposedclosureplanisapprovedundersubsection(1)(a),theschemeoperatormustgivethechiefexecutiveacopy of the approved closure plan
within 14 days of the vote.(3)Theschemeoperatormayapplytothechiefexecutiveforapproval of a proposed closure plan
if—Page 30Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 40D](a)theresidents,byspecialresolutionataresidentsmeeting,voteagainsttheapprovaloftheproposedclosure plan;
or(b)theproposedclosureplanisnotapprovedundersubsection(1)(a)withintheperiodstatedintheresidents
meeting notice.(3A)Before deciding
the application, the chief executive must—(a)giveeachresidentoftheretirementvillageawrittennotice stating
that—(i)theschemeoperatorhasappliedforapprovalofthe
proposed closure plan; and(ii)theresidentmaymakesubmissionstothechiefexecutiveabouttheproposedclosureplaninastated way and by a stated day;
and(b)if a resident of the retirement
village requests a copy ofthe proposed closure plan—give a copy
of the proposedclosure plan to the resident; and(c)haveregardtoanysubmissionsmadetothechiefexecutive by the residents in the stated way
and by thestated day.(4)Afterreceivinganapplicationforapprovalofaproposedclosure plan,
the chief executive must decide—(a)to
approve the plan; or(b)to give the
scheme operator a written direction to takeaction, or
particular action, to revise the plan.(4A)The
chief executive’s decision must be made within 90 days ofthe
later of—(a)the day the application is received;
or(b)ifthechiefexecutivereasonablyrequiresfurtherinformation for
the purpose of making the decision andasks the scheme
operator for the further information—the day the
information is given.Current as at [Not applicable]Page
31
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 2
Retirement village schemes[s 40D](5)Thechiefexecutivemayapprovetheproposedclosureplanonly if the
chief executive is satisfied the plan provides for aclear, orderly and fair process for the
closure of the retirementvillage scheme.(6)If
the chief executive approves the proposed closure plan, thechief executive must give—(a)writtennoticeofthedecisiontotheschemeoperator;and(b)aQCATinformationnoticeforthedecisiontoeachresident.(7)Beforegivingadirectionundersubsection(4)(b),thechiefexecutive
must—(a)give the operator a written notice
stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction,torevisetheproposedclosureplan(theproposed action); and(ii)the particulars
of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(8)If the chief executive gives a
direction under subsection (4)(b),thechiefexecutivemustalsogivetheoperatoraQCATinformation
notice for the decision.(9)If the chief
executive fails to decide the application in the timerequired under subsection (4A), the chief
executive is taken tohave approved the proposed closure
plan.Page 32Current as at
[Not applicable]
Retirement Villages Act 1999Part
2 Retirement village schemes[s 40E]Notauthorised—indicativeonly40ERevision of approved closure
plan(1)The chief executive may, on the chief
executive’s own initiativeor on the application of the scheme
operator, give the schemeoperatorawrittendirectiontotakeaction,orparticularaction, to
revise an approved closure plan.(2)The
chief executive may approve the revised closure plan onlyifthechiefexecutiveissatisfiedtherevisedclosureplanprovides for a
clear, orderly and fair process for the closure ofthe
retirement village scheme.(3)Ifthechiefexecutiveapprovestherevisedclosureplan,thechief executive must give—(a)writtennoticeofthedecisiontotheschemeoperator;and(b)aQCATinformationnoticeforthedecisiontoeachresident.(4)Beforegivingadirectionundersubsection(1)toaschemeoperatoronthechiefexecutive’sowninitiative,thechiefexecutive
must—(a)give the operator a written notice
stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction,torevisetheapprovedclosureplan(theproposed action); and(ii)the particulars
of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(5)If the chief executive gives a
direction under subsection (1) toa scheme
operator on the chief executive’s own initiative, thechiefexecutivemustalsogivetheoperatoraQCATinformation
notice for the decision.Current as at [Not applicable]Page
33
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 2
Retirement village schemes[s 40F]40FRequirement to implement approved closure
plan(1)Aschemeoperatormust,whenclosingaretirementvillagescheme,complywithanapprovedclosureplanfortheretirement village scheme.Maximum penalty—100 penalty units.(2)Theschemeoperatormust,attherequestofthechiefexecutive, notify the chief executive about
how the approvedclosure plan is being implemented by the
scheme operator.Maximum penalty—100 penalty units.40GDiscontinuing closure of retirement
village scheme(1)This section applies if—(a)aschemeoperatorhasgivenanoticetothechiefexecutive under
section 40A(2); and(b)theschemeoperatordecidesnottoproceedwiththeclosure of the retirement village
scheme.(2)The operator must give the chief
executive, and each residentof the
retirement village, notice (anotice of
discontinuation)of the decision in the approved
form.Maximum penalty—100 penalty units.(3)If the operator gives a notice of
discontinuation to the chiefexecutive,anyapprovedclosureplan,fortheclosureoftheretirement village scheme, is no
longer approved.40HApplying to cancel registration(1)A scheme operator may ask the chief
executive to cancel theregistration of the retirement village
scheme if the operator—(a)stops operating
the scheme; or(b)proposes to stop operating the
scheme.(2)The request must be written.Page
34Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 41]41Cancelling registration(1)Subsection (2) applies if—(a)the scheme operator asks the chief
executive to cancelthe registration of the retirement village
scheme undersection 40H; and(b)if a
statutory charge existed over the retirement villageland—the chief executive has released the
charge; and(c)the chief executive is
satisfied—(i)theschemeoperatorhasimplementedtheapprovedclosureplanfortheretirementvillagescheme; and(ii)cancelling the registration of the
retirement villagescheme is appropriate.(2)The
chief executive may—(a)cancel the
registration of the scheme; and(b)record the cancellation in the
register.41AApplication to tribunal for
reviewApersonwhohasbeengivenaQCATinformationnoticeunder this division may apply, as provided
under the QCATAct, to the tribunal for a review of the
decision.Division 5Change of scheme
operator41BDefinitions for divisionIn
this division—existing scheme operatorsee section
41C(1).new scheme operatorsee section
41C(1).Current as at [Not applicable]Page
35
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 2
Retirement village schemes[s 41C]41CNotice about change of scheme
operator(1)This section applies if a scheme
operator (theexisting schemeoperator)
proposes to transfer control of a retirement villagescheme’soperationtoanotherperson(thenewschemeoperator).(2)Theexistingschemeoperatormustgivethechiefexecutivenotice about the proposal in the approved
form.Maximum penalty—100 penalty units.41DRequirement to prepare transition
plan(1)The existing scheme operator must,
within 28 days of giving anoticeundersection41C(2)(thenoticeperiod)oranyextension of the
notice periodgrantedundersubsection(3),givethechiefexecutiveaproposedtransitionplanforthechange of scheme
operator.Maximum penalty—100 penalty units.(2)The existing scheme operator may,
within the notice period,applytothechiefexecutiveforanextensionofthenoticeperiod.(3)Thechiefexecutivemaygranttheextensionifthechiefexecutive is
satisfied it is not reasonably practicable for theexisting scheme operator to comply with
subsection (1) withinthe notice period.41EMeaning of transition plan(1)Atransition
plan, for a retirement village scheme, is a
writtenplanabouttransitioningcontrolofthescheme’soperationfrom the
existing scheme operator to the new scheme operator.(2)A transition plan for a retirement
village scheme must be intheapprovedformandstatethemattersprescribedbyregulation.Page 36Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 41F]41FApproval of transition plan(1)Afterreceivingtheproposedtransitionplan,thechiefexecutive must
decide—(a)to approve the proposed transition
plan; or(b)to give the existing scheme operator a
written directiontotakeaction,orparticularaction,torevisetheproposed transition plan.(1A)The chief
executive’s decision must be made within 90 days ofthe
later of—(a)the day the proposed transition plan
is received; or(b)ifthechiefexecutivereasonablyrequiresfurtherinformation for
the purpose of making the decision andaskstheexistingschemeoperatororthenewschemeoperatorforthefurtherinformation—thedaytheinformation is given.(2)The chief executive may approve the
proposed transition planonly if the chief executive is
satisfied the plan provides for aclear, orderly
and fair process for transitioning control of thescheme’s operation from the existing scheme
operator to thenew scheme operator.(3)Forthepurposeofdecidingwhetherornottoapprovetheproposed transition plan, the chief
executive may—(a)giveacopyoftheplantoapersonwhomthechiefexecutivereasonablyconsidershasaninterestinthetransitioningofthecontrolofthescheme’soperation;and(b)receive and consider submissions from
the person aboutthetransitioningofthecontrolofthescheme’soperation.(4)If
the chief executive approves the proposed transition plan,the
chief executive must give—(a)writtennoticeofthedecisiontotheexistingschemeoperator and the new scheme operator;
andCurrent as at [Not applicable]Page
37
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 2
Retirement village schemes[s 41G](b)aQCATinformationnoticeforthedecisiontoeachresident.(5)Beforegivingadirectionundersubsection(1)(b),thechiefexecutive
must—(a)give the operator a written notice
stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction, to
revise the proposed transition plan (theproposed
action); and(ii)the
particulars of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(6)If the chief executive gives a
direction under subsection (1)(b),thechiefexecutivemustalsogivetheoperatoraQCATinformation
notice for the decision.(7)If the chief
executive fails to decide whether or not to approvetheproposedtransitionplaninthetimerequiredundersubsection (1A), the chief executive is
taken to have approvedthe proposed transition plan.41GRevision of approved transition
plan(1)The chief executive may, on the chief
executive’s own initiativeor on the application of the existing
scheme operator, give theexisting scheme operator a written
direction to take action, orparticular
action, to revise an approved transition plan.(2)Thechiefexecutivemayapprovetherevisedtransitionplanonlyifthechiefexecutiveissatisfiedtherevisedtransitionplanprovidesforaclear,orderlyandfairprocessforthetransitioning of
the control of the scheme’s operation from theexisting scheme
operator to the new scheme operator.Page 38Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
2 Retirement village schemes[s 41H](3)If the chief executive approves the
revised transition plan, thechief executive
must give—(a)writtennoticeofthedecisiontotheexistingschemeoperator and the
new scheme operator; and(b)aQCATinformationnoticeforthedecisiontoeachresident.(4)Before giving a direction under
subsection (1) to the existingschemeoperatoronthechiefexecutive’sowninitiative,thechief executive must—(a)give
the operator a written notice stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction, to
revise the approved transition plan (theproposed
action); and(ii)the
particulars of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(5)If the chief executive gives a
direction under subsection (1) totheexistingschemeoperatoronthechiefexecutive’sowninitiative,thechiefexecutivemustalsogivetheoperatoraQCAT
information notice for the decision.41HRequirement to implement approved transition
plan(1)The existing scheme operator and new
scheme operator must,when transitioning control of the
scheme’s operation from theexisting scheme
operator to the new scheme operator, complywithanapprovedtransitionplanfortheretirementvillagescheme.Maximum
penalty—100 penalty units.Current as at [Not applicable]Page
39
Retirement Villages Act 1999Part 2
Retirement village schemes[s 41I](2)The
existing scheme operator and new scheme operator must,at
the request of the chief executive, notify the chief
executiveabout how the approved transition plan is
being implemented.Maximum penalty—100 penalty units.Notauthorised—indicativeonly41IDiscontinuing
change of scheme operator(1)This section
applies if—(a)anexistingschemeoperatorhasgivenanoticetothechief executive under section 41C(2);
and(b)theexistingschemeoperatorandthenewschemeoperator decide
not to proceed with the transfer of thecontrol of the
retirement village scheme’s operation.(2)Theexistingschemeoperatormustgivethechiefexecutivenotice(anoticeofdiscontinuation)ofthedecisionintheapproved
form.Maximum penalty—100 penalty units.(3)Iftheexistingschemeoperatorgivesanoticeofdiscontinuation to the chief executive, any
approved transitionplan, about the transitioning of the control
of the retirementvillage scheme’s operation from the existing
scheme operatorto the new scheme operator, is no longer
approved.41JEffect of change of scheme
operator(1)This section applies if control of a
retirement village scheme’soperation is
transfered (thetransfer) from an
existing schemeoperator to a new scheme operator.(2)Within 14 days after the transfer
takes effect, the new schemeoperator must
give, to each resident of the retirement village,a
notice stating—(a)theschemeoperatorfortheretirementvillageschemehas changed;
and(b)thename,addressandtelephonenumberofthenewscheme operator; andPage 40Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 42](c)the
date the transfer took effect.Maximum
penalty—10 penalty units.(3)Without limiting
part 3, division 6, on and from the date thetransfer takes
effect the new scheme operator—(a)istheschemeoperatorfortheretirementvillagescheme; and(b)obtains the benefits, and is subject to the
obligations, ofthe previous scheme operator in relation to
a residencecontract associated with the retirement
village scheme.Part 3Residence
contractsDivision 1Purpose and
intention of part42Purpose and intention of part(1)The purpose of this part is to state
minimum requirements forresidence contracts.(2)However, it is not the intention of
this part to prevent a schemeoperatoragreeinginaresidencecontractorotherwisetoconditionsthataremorebeneficialtoaresidentorformerresident than
the provisions of this part.Division 2General43Scheme operator may enter into residence
contract onlyif scheme is registered(1)A
scheme operator may enter into a residence contract for theretirementvillagewithsomeoneelseonlyiftheschemeisregistered under this Act.Maximum penalty—540 penalty units.Current as at [Not applicable]Page
41
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 44](2)Ifaschemeoperatorentersintoaresidencecontractincontravention of subsection (1), the
contract is not invalid orunenforceableforthatreasononly,butmaybeterminatedunder section
52.44Person signing residence contract to
be given copyWhenapersonsignsaresidencecontractwithaschemeoperator,theoperatormustimmediatelygivethepersonasingle bound document comprised of—(a)a signed copy of the contract;
and(c)if it is intended to enter into
another contract, the termsofwhichareknown,thatisancillarytotheresidencecontract—an
unsigned copy of the other contract.Maximum
penalty—100 penalty units.45Form and content
of residence contract(1)Aschemeoperatormustensureeachresidencecontractfortheretirementvillageincludesdetails,includingthedetailsprescribed by
regulation, about the following—(a)the
right to rescind the contract under section 48 beforethe
cooling-off period ends;(b)if the
cooling-off period starts on the day the residencecontract is signed—the date the cooling-off
period ends;(c)if the cooling-off period starts on
the day a later eventhappensoranothercontractisenteredinto—thelaterevent or other
contract;(d)the ingoing contribution payable under
the contract;(e)the exit fee payable under the
contract;(f)the resident’s exit
entitlement;(g)the services charges;Page
42Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 45](h)theamountspayable,andwhentheamountsarepayable,bytheresidentforthemaintenancereservefund
for the retirement village;(i)the
insurance for the retirement village, and insurancefor
which the resident is responsible;(j)all
conditions precedent to the resident’s right to residein
the retirement village;(k)theresident’srighttoreselltherighttoresideintheaccommodation unit;(l)theresident’sentitlementtoauditedandunauditedfinancial
statements for the village;(m)thedisputeresolutionprocessestablishedunderthisAct;(n)the statutory charge, if relevant to
the resident’s title to,or interest in, the accommodation
unit;(o)the resident’s and scheme operator’s
rights to terminatethe contract;(p)the
funds the scheme operator is required to keep;(q)the
retirement village facilities;(r)the
retirement village land;(s)whethertheresidentandtheschemeoperatoraretoshare any
capital gain or capital loss after the resident’sright to reside in the unit is terminated
and, if so, how itis to be shared;(t)another matter prescribed by
regulation.(2)A regulation may prescribe a term that
must be included in aresidencecontract(arequiredterm)orthatmustnotbeincluded in a residence contract
(aprohibited term).(3)Aschemeoperatormustnotenterintoaresidencecontractthat—(a)is
not in the approved form; orCurrent as at
[Not applicable]Page 43
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 45A]Note—See
section 227AA(2).(b)does not include details required
under subsection (1);or(c)does
not include a required term; or(d)includes a prohibited term.Maximum penalty—100 penalty units.(4)A provision of a residence contract is
of no effect to the extentit—(a)includes a prohibited term; or(b)purportstorestrictorexcludetheoperationofaprovision of this Act; or(c)is otherwise inconsistent with this
Act.45AScheme operator to give notice of end
of cooling-offperiod in particular circumstances(1)This section applies if the
cooling-off period for a residencecontractstartsonthedayalatereventhappensoranothercontract is
entered into.(2)Theschemeoperatormust,assoonaspracticableafterthelater event happens or the other
contract is entered into, givethe resident
written notice of—(a)the date the later event happens or
the other contract isentered into; and(b)the
date the cooling-off period ends.Maximum
penalty—100 penalty units.46Dealing with
ingoing contribution(1)A person who
receives an amount as an ingoing contributionunder a
residence contract must give it to one of the followingpersons (thetrustee) to
hold in trust—Page 44Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 46](a)the
public trustee;(b)the scheme operator’s lawyer;(c)a real estate agent;(d)anyauthorisedtrusteecorporationundertheCorporations Act, section 9.Maximum penalty—100 penalty units.(2)Ifthetrusteereceivesanamountundersubsection (1),thetrustee’s receipt for the amount is a
sufficient discharge for theperson for the
amount paid.(3)The trustee must hold the amount in
trust until the latest of—(a)the day the
conditions precedent, if any, to the creationoftherighttoresidetowhichtheamountrelatesarefulfilled; or(b)the
day the cooling-off period ends; or(c)if
the ingoing contribution relates to an accommodationunit
that has not previously been occupied—the day theresident’s accommodation unit is suitable
for habitationand the resident is entitled to vacant
possession of theunit.Maximum
penalty—100 penalty units.(4)At the end of
the later day, the trustee must pay the amount tothe
person lawfully entitled to it.Maximum
penalty—100 penalty units.(5)Forsubsection (3)(c),withoutlimitingwhenanaccommodationunitisnotsuitableforhabitation,anaccommodation unit is not suitable for
habitation if—(a)reticulated water is not connected to
the unit; or(b)allsanitaryinstallationsarenotinstalledorarenotoperational in
the unit.(6)Despite subsection (1), if a person
receives an amount as aningoing contribution under a residence
contract after the endCurrent as at [Not applicable]Page
45
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 47]ofthelatestdaymentionedinsubsection (3),thepersonmay—(a)ifthepersonislawfullyentitledtotheamount—keepthe amount;
or(b)otherwise—paytheamountdirectlytothepersonlawfully entitled to it.(7)If
there is a dispute between a resident and a scheme operatorabout who is lawfully entitled to the
amount, the dispute is aretirement village dispute.(8)If a retirement village dispute arises
under subsection (7), theschemeoperatormustgivethetrusteewrittennoticeofthedispute immediately it arises.Maximum penalty—100 penalty units.(9)If the trustee is given a notice under
subsection (8), the trusteemust hold the
amount in trust until the dispute is resolved—(a)as
provided for under this Act; or(b)by
agreement, by deed, between the parties.Maximum
penalty—100 penalty units.(10)However, if the
contract is rescinded in the cooling-off period,the
trustee must immediately pay the amount to the person bywhom
it was paid under the contract.Maximum
penalty—100 penalty units.(11)If a person
(thepayer) who is
required to pay an amount tosomeone(thepayee)underthissectiondoesnotpaytheamount, the payee may recover it, as a debt
payable by thepayer to the payee.47Dealing with instruments assigning property
under aresidence contract(1)This
section applies if the person (theassignor)
who entersinto a residence contract to secure the
person’s, or someoneelse’s, right to reside in a
retirement village assigns propertyPage 46Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 48]undertheresidencecontractbeforethecooling-offperiodends.(2)The
scheme operator must ensure the assignment instrumentisheldinescrowbythepublictrusteeortheschemeoperator’s lawyer (theauthorised
person).Maximum penalty—100 penalty
units.(3)If the residence contract is rescinded
in the cooling-off period,the authorised person must release the
assignment instrumentto the assignor.Maximum
penalty—100 penalty units.(4)Iftheresidencecontractisnotrescindedinthecooling-offperiod,theauthorisedpersonmust,attheendofthecooling-offperiod,releasetheassignmentinstrumenttotheassignee, or someone else at the
assignee’s written direction.Maximum
penalty—100 penalty units.(5)In this
section—assigneemeansthepersoninwhosefavourpropertyisassigned under an assignment
instrument.Division 3Rescinding
residence contracts48Residence contract may be rescinded
during cooling-offperiodA person who,
personally or for someone else, enters into aresidence
contract to secure the person’s, or other person’s,right to reside in a retirement village may,
by written noticegiven to the scheme operator, rescind the
contract before thecooling-off period ends.49Reassignment of property acquired in
cooling-off period(1)Thissectionappliesiftheassigneeunderanassignmentinstrument
mentioned in section 47 acquires the property thesubject of the assignment within the
cooling-off period.Current as at [Not applicable]Page
47
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 50](2)Assoonaspossibleaftertheassigneebecomesawaretheresidencecontracthasbeenrescinded,theassigneemustreassign the property to—(a)thepersonfromwhomtheassigneeacquiredit(theassignor);
or(b)someone else, at the assignor’s
written direction.Maximum penalty—100 penalty units.(3)The assignee must reassign the
property free of all interests,mortgages and
other charges to which it has become subjectsince the
assignee acquired it.Maximum penalty—100 penalty
units.(4)The assignee is responsible for the
costs, expenses and dutiesrelating to the reassignment under
this section.50Scheme operator to compensate assignor
if propertyassigned in cooling-off period is not
reassigned(1)Thissectionappliesifsection 49requiresanassigneetoreassign property on rescission of a
residence contract but theassignee—(a)has
disposed of the property; or(b)is
unable, when the contract is rescinded, to dischargeany
interests, mortgages and other charges to which theproperty has become subject since the
assignee acquiredit.(2)The scheme
operator for the retirement village to which thecontract relates must pay compensation
to—(a)the assignor; or(b)someone else, at the assignor’s written
direction.(3)The amount of compensation
payable—(a)is, after discounting for any GST
payable on any supplyrelating to the payment of the
compensation, the amountequallingthe valueattributedtotheassignedpropertyunder the residence contract; andPage
48Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 51](b)mayberecoveredasadebtpayablebytheschemeoperator to the
assignor, or other person mentioned insubsection
(2)(b), in a court having jurisdiction for therecovery of the
amount claimed.(4)Ifthereare2ormoreschemeoperatorsfortheretirementvillage, the
scheme operators are jointly and severally liable topay
the compensation.Division 4Terminating
right to reside51Definition for div 4In
this division—residentincludes a
person who, for someone else, enters intoa residence
contract to secure the other person’s right to residein a
retirement village.52Termination by resident(1)Aresidentmayterminatetheresident’srighttoresideinaretirementvillageby1month’swrittennoticegiventothescheme operator.(2)Also, a resident may terminate the
resident’s right to reside inaretirementvillagebywrittennoticegiventotheschemeoperator if the
retirement village scheme is not registered.(3)A
notice under subsection (2) must—(a)begivenwithin14daysaftertheresidentbecomesawaretheretirementvillageschemeisnotregistered;and(b)state the day, no earlier than the day
on which notice isgiven, on which the termination takes
effect.(4)Ifaresidentterminatestheresident’srighttoresideinaretirement village under subsection
(2), the scheme operatormustrefundthefullamountoftheresident’singoingcontribution to the resident within 30 days
of the termination.Current as at [Not applicable]Page
49
Retirement Villages Act 1999Part 3
Residence contracts[s 53]Maximum
penalty—540 penalty units.(5)A resident may
recover an amount owing under subsection (4)as a debt owed
by the scheme operator.Notauthorised—indicativeonly53Termination by scheme operator(1)A scheme operator may terminate a
resident’s right to residein the retirement village by giving
the written notice requiredby this section
to the resident.(2)If the resident’s right to reside in
the retirement village is to beterminatedoneitherofthefollowinggrounds,theschemeoperator must
give the resident 14 days notice—(a)the
resident has intentionally or recklessly—(i)injuredapersonwhilethepersonisintheretirement
village; or(ii)seriouslydamagedtheresident’saccommodationunit; or(iii)seriouslydamagedpropertyofanotherpersoninthe retirement village;(b)the resident is likely, intentionally
or recklessly, to dosomething mentioned in paragraph
(a)(i) to (iii).(3)The scheme operator must give the
resident 2 months notice ifthe resident’s
right to reside in the retirement village is to beterminated on any of the following
grounds—(a)theresidenthascommittedamaterialbreachofthecontract;(b)the scheme operator reasonably
believes the resident hasabandoned the resident’s right to
reside in the retirementvillage;(c)the
scheme operator and a person who has assessed theresident’scareneedsundertheAgedCareAct1997(Cwlth),section 22.4reasonablybelievetheresident’stypeofaccommodationisnowunsuitablefortheresident;Page 50Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 53A]Exampleofaccommodationthatisnowunsuitablefortheresident—The resident
resides in an independent living unit and now needshelp
with personal care not normally provided by the schemeoperator.(d)the
operator is implementing an approved closure plan.(4)The notice must state—(a)thegroundsonwhichtherighttoresideisbeingterminated;
and(b)the day by which the resident must
vacate the retirementvillage.(5)If
the scheme operator does not know the resident’s currentaddress,theschemeoperatormaygivethenoticebypublishing it in—(a)a
newspaper circulating throughout the State; and(b)a
newspaper circulating throughout Australia.(6)Theschemeoperatormustnotincludethegroundsforthetermination in the newspaper
notice.Maximum penalty for subsection (6)—50
penalty units.53AHow to work out particular exit fee
for a residencecontract(1)This
section applies to an exit fee for a residence contract thatis
worked out under the contract having regard to the length oftimetheresidenthasresidedintheaccommodationunittowhich the contract relates.Example—This section
applies if the exit fee is 5% of the ingoing contributionpayable under the contract after 1 year’s
residence in the unit and 6% oftheingoingcontributionpayableunderthecontractafter2yearsresidence in the
unit.(2)If the contract was entered into
before the commencement ofthis section, the exit fee must be
worked out on a daily basisCurrent as at
[Not applicable]Page 51
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 54]unless the
contract provides a way of working out the exit feethat
is not on a daily basis.Example of how to work out the exit
fee for a residence contract on a dailybasis—If—(a)the exit fee is
5% of the ingoing contribution payable under thecontract after 1 year’s residence in the
unit and 6% of the ingoingcontribution payable under the
contract after 2 years residence inthe unit;
and(b)the resident resides in the unit for 1
year and 14 days, but notduring a leap year;the
exit fee is 5% of the ingoing contribution payable under the
contractforthefirstyearofresidenceplus14/365of1%oftheingoingcontribution
payable under the contract for the 14 days of the secondyear
of residence.(3)If the contract is entered into after
the commencement of thissection, the exit fee must be worked
out on a daily basis.54Resident may ask
for estimate statement of resident’sexit
entitlement(1)This section applies if a resident
gives a scheme operator awritten notice—(a)statingtheresidentisconsideringterminatingtheresident’s right to reside in the retirement
village undersection 52; and(b)askingtheoperatortogivetheresidentawrittenestimate of the
resident’s exit entitlement as at the dateof the
notice.(2)The scheme operator must comply with
the request within 14days after it is given.Maximum penalty—40 penalty units.(3)However,theschemeoperatordoesnotcontravenesubsection (2)
if the scheme operator has given the resident anestimateunderthatsubsectionwithinthe6monthsimmediately preceding the resident’s
request.Page 52Current as at
[Not applicable]
Retirement Villages Act 1999Part
3 Residence contracts[s 55]55Right
to reside in a retirement village terminatesautomatically on
resident’s deathArighttoresideinanaccommodationunitinaretirementvillageheldbyaresidentterminatesonthedeathoftheresident.Notauthorised—indicativeonlyDivision 5Reselling and
valuing resident’sright to reside56Interpretation for div 5(1)In
this division—reinstatement workmeansreplacementsorrepairsthatarereasonablynecessarytoreinstateaformerresident’saccommodation
unit to the condition required under section58(1).termination datemeans—(a)thedatearesident’srighttoresideunderaresidencecontract,
including an existing residence contract, in anaccommodationunitinaretirementvillageisterminated under this Act; or(b)if a relative of the resident has a
right to reside in theaccommodation unit under section
70B(2)—the date therelativeadvisestheschemeoperator,undersection
70B(5)(d), that the relative wants to enter into aresidence contract for the accommodation
unit.(2)Inthisdivision,ifapersonholdsafreeholdinterestinanaccommodationunit,areferencetotheformerresidentincludesareferencetotheholderofthefreeholdinterest,unless, in relation to a particular matter,
the residence contractin relation to that particular matter
provides otherwise.57Application of div 5(1)Thisdivisionappliesifaresident’srighttoresideunderaresidence contract, including an
existing residence contract, inCurrent as at
[Not applicable]Page 53
Retirement Villages Act 1999Part 3
Residence contracts[s 58]an accommodation
unit in a retirement village is terminatedunder this
Act.(2)Thisdivisionappliesdespiteanythingtothecontraryinanexisting residence contract.Notauthorised—indicativeonly58Reinstatement of
accommodation unit(1)Whenceasingoccupationoftheaccommodationunitattheend of the
residency, the former resident must leave it in thesame
condition as it was in when the former resident startedoccupation of it, apart from—(a)fair wear and tear; and(b)renovationsandotherchangestotheconditionoftheunit carried out
with the agreement of the resident andthe scheme
operator.(2)If the former resident does not comply
with subsection (1), thescheme operator may carry out
reinstatement work and claimthe cost of the
work from the former resident.(3)Ifarelativeoftheformerresidenthasarightundersection 70B(5)toenterintoaresidencecontractfortheaccommodation
unit with the scheme operator and advises theschemeoperator,undersection 70B(5)(d),thattherelativewants to enter
into the residence contract—(a)the
scheme operator may claim the cost of reinstatementworkfromtherelativeundersubsection(2)asiftherelative were the former resident;
and(b)the scheme operator must ensure the
reinstatement workis done with as little inconvenience to the
relative as isreasonably possible.(4)This
section does not apply—(a)toacurrentresidencecontractwithinthemeaningofsection 237H; orNote—See
section 237K.Page 54Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 59](b)if
the former resident’s right to reside in the retirementvillage was terminated under section
53(3)(d).(5)In this section—fair wear and
tearincludes a reasonable amount of wear
andtearassociatedwiththeuseofitemscommonlyusedinaretirement village.59When reinstatement work must be
completed(1)This section applies to reinstatement
work that—(a)the former resident and the scheme
operator agree willbe carried out by the operator; or(b)arelativeoftheformerresidentmentionedinsection58(3) and the
scheme operator agree will be carried outby the operator;
or(c)the scheme operator carries out under
section 58(2); or(d)the tribunal orders to be carried out
by the operator.(2)For reinstatement work mentioned in
subsection (1)(a) to (c),the scheme operator must ensure the
work is completed by—(a)iftheschemeoperatorandtheformerresidentorrelative agree on a time—the agreed time;
or(b)if paragraph (a) does not apply and
the scheme operatoralsocarriesoutrenovationworkundersection59A—the later of the
following times—(i)90 days after the vacation
date;(ii)thetimebywhichtherenovationworkmustbecompleted under section 59A; or(c)otherwise—90 days after the vacation
date.(3)Forreinstatementworkmentionedinsubsection(1)(d),theschemeoperatormustensurethereinstatementworkiscompleted within the period fixed by
the tribunal.(4)This section does not apply—Current as at [Not applicable]Page
55
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 59A](a)toacurrentresidencecontractwithinthemeaningofsection 237H; orNote—See
section 237K.(b)if the former resident’s right to
reside in the retirementvillage was terminated under section
53(3)(d).(5)In this section—vacationdate,ofanaccommodationunitinaretirementvillage,
means—(a)for a former resident whose relative
has a right to resideintheaccommodationunitundersection
70B(2)—thedate the relative’s right to reside in the
accommodationunit under that subsection ends; or(b)otherwise—thedatetheformerresidentvacatestheaccommodation unit.59ARenovation work by scheme operator(1)This section applies if the scheme
operator proposes to carryoutrenovationworkinoraffectingtheformerresident’saccommodation
unit.(2)Before starting the renovation work,
the operator must agreewiththeformerresidentonadatebywhichtherenovationwork will be
finished.(3)A dispute about the date by which the
renovation work will befinished is a retirement village
dispute.(4)The operator must ensure the
renovation work is completed bythe agreed
date.Note—See section 171
about failure to comply with this subsection.(5)The
cost of the renovation work must be paid by—(a)iftheresidencecontractprovidesthattheformerresidentandtheschemeoperatoraretoshareanycapital gain on the sale of the former
resident’s interestPage 56Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 60]in the unit—the
former resident and the scheme operatorin the same
proportion the capital gain is to be shared;or(b)otherwise—the operator.(6)Thissectiondoesnotapplytoacurrentresidencecontractwithin the
meaning of section 237H.Note—See section
237K.(7)In this section—agreeddate,forcompletingrenovationwork,includesthedateorderedbythetribunalinitsdecisiononaretirementvillage dispute
mentioned in subsection (3).renovationworkmeansreplacementsorrepairsotherthanreinstatement
work.60Scheme operator and former resident to
agree on resalevalue of accommodation unit(1)Within 30 days after the termination
date, the former residentand the scheme operator are to
negotiate in good faith and, ifpossible, agree
in writing on the resale value of the right toreside in the
accommodation unit.(2)If the former resident and the scheme
operator can not agreeontheresalevalueoftheaccommodationunit,theschemeoperator is to
obtain a valuation of the right to reside in theunit
from a valuer within a further 14 days.(3)A
valuation obtained under subsection (2) is taken to be theagreedresalevalueoftherighttoresideintheaccommodation unit.63When former resident’s exit
entitlement payable(1)Theschemeoperatormustpaytheexitentitlementoftheformer resident to the person entitled
to receive it on or beforethe earliest of the following
days—Current as at [Not applicable]Page
57
Retirement Villages Act 1999Part 3
Residence contracts[s 63]Notauthorised—indicativeonly(a)thedayitmustbepaidundertheformerresident’sresidence
contract;(b)the day that is 14 days after the
settlement day;(c)the day that is 18 months after the
termination date oranylaterdayfixedbythetribunalbyanorderundersection 171A;(d)if
the former resident’s right to reside in the retirementvillage was terminated under section
53(3)(d)—14 daysafteranagreedresalevalueoftherighttoresideisdetermined in accordance with section
60.Maximum penalty—540 penalty units.(2)The scheme operator may pay the exit
entitlement at any timeon or after the termination date and
before the time payment isrequired under subsection (1) if the
operator and the formerresident agree on the resale value of
the right to reside.(3)To remove any
doubt, it is declared that, for subsection (2),the operator and
the former resident are taken to have agreedon the resale
value of the right to reside if there is an agreedresale value under section 60(3), 67(4) or
67A(4).(4)Iftheformerresidenthasdied,arequirementundersubsection (1) to pay the exit entitlement
by a particular day(thedueday)istakentobearequirementtopaytheexitentitlement by the later of—(a)the due day; or(b)the
day that is 14 days after the operator is shown theprobateoftheformerresident’swillorlettersofadministration of the former resident’s
estate.(5)Atthesametimeasanexitentitlementispaidunderthissection, the
scheme operator must give the former resident awrittenstatementshowinghowtheexitentitlementwasworked out and the particulars of any of the
following that arepayable by the former resident—(a)any exit fee;(b)any
accrued general services charges;Page 58Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 63A](c)anyoutstandingserviceschargesandfundcontributions;(d)any
expenses relating to the resale of the right to residein
the accommodation unit;(e)any other
payments provided for in the contract.Maximum
penalty—100 penalty units.(6)In this
section—settlement daymeans the day on
which the sale of the right toreside, to a new
resident or the scheme operator, is settled.63AScheme operator must enter into and complete
contractto purchase freehold property(1)This section applies if the former
resident’s residence contractis based on a
freehold interest in an accommodation unit.(2)Theschemeoperatormustenterintoacontractunderthissectiontopurchasetheformerresident’sfreeholdproperty,and complete the
purchase under this section, unless—(a)the
freehold property is sold to a person other than thescheme operator before the day the scheme
operator isrequired to complete the purchase; or(b)the scheme operator has a reasonable
excuse.Maximum penalty—540 penalty units.Note—See also section
63H(2) for when a requirement to enter into a contractunder this section does not apply.(3)Theschemeoperatormustenterintothecontractandcomplete the purchase within the time
required under section63B.(4)The
contract must comply with section 63C.(5)Thepurchasepriceforthefreeholdpropertyunderthecontract must be its value as agreed
or decided under section63D.Current as at
[Not applicable]Page 59
Retirement Villages Act 1999Part 3
Residence contracts[s 63A]Notauthorised—indicativeonly(6)Withoutlimitingsubsection(2)(b),theschemeoperatoristakentohaveareasonableexcusefornotenteringintoacontract to purchase the former resident’s
freehold property,orcompletingthepurchase,underthissection(arequiredaction)
during any of the following periods—(a)a
period during which the scheme operator can not takethe
required action, despite taking all reasonable steps,because of an act or omission of the former
resident;Example—The scheme
operator cannot complete the purchase because theformer resident has not made necessary
arrangements for therelease of a mortgage over the
freehold property.(b)if the former resident enters into a
private contract—theperiod from the day the former
resident enters into thecontracttothedaythatis60daysaftertheschemeoperatorreceiveswrittennoticefromtheformerresident,oranotherpartytothecontract,thatthecontract has ended;(c)iftheschemeoperatororformerresidentmakesanapplication to the tribunal under part 10
about a disputerelatingtoacontractunderthissection—theperiodfrom
the day the application is made to the earliest day,aftertheapplicationisfinallydealtwith,bywhichitwould be reasonable for the scheme operator
to take therequired action.(7)Adisputerelatingtoacontractunderthissectionisaretirement village dispute.Examples of matters that may be the subject
of a dispute relating to acontract under this section—•the terms to be included in the
contract•the purchase price under section
63D•the settlement date for the
contract•the payment of an amount of legal
expenses incurred by the schemeoperator(8)If a court convicts the scheme
operator of an offence againstsubsection(2),thecourtmaymakeanorderrequiringthePage 60Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 63B]scheme operator
to take stated steps to enter into a contractunder this
section to purchase the former resident’s freeholdproperty or complete the purchase under this
section.Note—See also section
191 for orders the tribunal may make to resolve aretirement village dispute under this
section.(9)If the court makes an order under
subsection (8) stating a timebywhichschemeoperatormustenterintoacontractorcomplete a purchase, subsection (3) applies
as if a referenceto the time required under section 63B were
a reference to thetime stated in the order.(10)This section
applies subject to section 63H.(11)In
this section—private contractmeans a contract
for the sale of the formerresident’s freehold property to
someone other than the schemeoperator.63BTiming of purchase(1)This
section states the requirements for section 63A(3).(2)The scheme operator must enter into
the contract in sufficienttime for the purchase to be completed
under subsection (3).(3)Theschemeoperatormustcompletethepurchaseunderthecontract by the latest of the
following days—(a)the day that is 18 months after the
termination date;(b)if the former resident has died—the
day that is 14 daysaftertheoperatorisshowntheprobateoftheformerresident’s will
or letters of administration of the formerresident’s
estate;(c)the day fixed by the tribunal by an
order under section171A.Current as at
[Not applicable]Page 61
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 63C]63CContract requirements(1)Thissectionstatestherequirementsforthecontractforsection 63A(4).(2)A
regulation may prescribe a term that must be included in thecontract (arequired
term) or that must not be included in thecontract (aprohibited
term).(3)The contract
must—(a)be in the approved form; and(b)include each required term; and(c)not include a prohibited term;
and(d)complywithanyotherrequirementsprescribedbyregulation; and(e)otherwise be in the terms, consistent with
this Act, thatare—(i)agreedbytheschemeoperatorandformerresident;
or(ii)decidedbythetribunalinaresolutionofaretirement village dispute.63DPurchase price of freehold
property(1)Thissectionstateshowthepurchasepricefortheformerresident’s freehold property is decided for
section 63A(5).(2)Each of the valuation and resale
provisions applies, with anynecessary
changes, as if—(a)areferenceintheprovisiontotheresalevalue,valuation or
sale of the former resident’s right to resideintheaccommodationunitwereareferencetotheresale value, valuation or sale of the
freehold property;and(b)a reference in
the provision to paying an exit entitlementto the former
resident under section 63 were a referenceto entering into
a contract under section 63A.Page 62Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 63E](3)Beforeenteringintoacontractundersection63A,ifthescheme operator
and the former resident have not agreed onthe resale value
of the freehold property within the previous 3months, the
operator must obtain a valuation of the freeholdproperty from a valuer.(4)A
valuation obtained under subsection (3) is taken to be theagreed resale value of the freehold
property.(5)Unless the scheme operator and the
former resident otherwiseagree, the purchase price of the
freehold property under thecontract must be
the amount of the most recent agreed resalevalue of the
freehold property under section 60, section 67 orsubsection (4).(6)In
this section—valuation and resale provisionsmeans sections 60, 64, 65, 67and
68 to 70AD.63EContract may require reimbursement of
schemeoperator’s legal costs(1)This
section applies in relation to an amount of legal expensesreasonably incurred by a scheme operator in
entering into acontractundersection63Atopurchaseaformerresident’sfreehold
property and completing the purchase.(2)The
contract may include a term requiring the former residenttopayallorastatedpartoftheamounttotheschemeoperatoronoraftercompletionofthepurchase(areimbursement requirement).(3)Ifthetribunalisdealingwitharetirementvillagedisputeabouttheinclusionofareimbursementrequirementinacontract under section 63A, the
tribunal must order that thecontractincludeareimbursementrequirement,inthetermsthetribunalconsidersjust,unlessthetribunalconsidersitwould be unjust to do so.Current as at [Not applicable]Page
63
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 63F]63FNo
sales commission payable on mandatory buybackDespite anything
in a residence contract, no sales commissionis payable on
the sale of the resident’s freehold property to thescheme operator under section 63A.63GExit feeIf a scheme
operator is required to complete a purchase of aformerresident’sfreeholdpropertyundersection63A,theformer resident is not liable to pay
an exit fee to the schemeoperator until the completion of the
purchase.63HRelative residing in unit under s
70B(1)Thissectionappliesifaresident’srighttoresideinanaccommodation unit is terminated and a
relative of the formerresident continues residing in the
accommodation unit undersection 70B.(2)If
the scheme operator enters into a residence contract for theaccommodationunitwiththerelative,section63Adoesnotapplytotheschemeoperatorinrelationtotheformerresident’s
freehold property.(3)Otherwise,areferencetotheterminationdateinsection63B(3)(a), or in
a valuation and resale provision applied bysection 63D, is
taken to be a reference to the last day that therelative resides in the unit under section
70B.63INon-application of particular
legislation to contractThe following provisions do not apply
in relation to a contractunder section 63A—(a)theBodyCorporateandCommunityManagementAct1997, chapter 5, parts 1 and 3;(b)the Property Occupations Act 2014,
part 7, divisions 5to 7.Page 64Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 64]64Units
not sold within 6 months(1)This section
applies if—(a)aformerresident’srighttoresideinaparticularaccommodationunitisnotsoldwithin6monthsafterthe
termination date; and(b)the former
resident has not been paid an exit entitlementunder section
63.(2)The former resident may engage a real
estate agent to effectthe sale of the right to reside in the
accommodation unit.(3)Thissectiondoesnotapplyiftheformerresident’srighttoreside in the retirement village was
terminated under section53(3)(d).65Scheme operator to tell resident of all
offers foraccommodation unit(1)This
section applies if a former resident has not been paid anexit
entitlement under section 63.(2)Theschemeoperatormustpromptlygivetotheformerresident details
of each offer to purchase the former resident’sright to
reside.Maximum penalty—40 penalty units.(3)Also, if the former resident asks, the
scheme operator mustgive information about the following
to the former resident assoon as practicable after the end of
each month for which theright to reside remains unsold—(a)all sales inquiries relating to the
right to reside;(b)what steps the operator is taking to
promote the sale ofthe right to reside;(c)the
following particulars of all other rights to reside inaccommodation units for sale in the
village—(i)the number of rights for sale;(ii)the size of the
units;Current as at [Not applicable]Page
65
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 66](iii)the
selling prices of the rights;(iv)how
long the rights have been for sale.Maximum penalty
for subsection (3)—40 penalty units.(4)Thissectiondoesnotapplyiftheformerresident’srighttoreside in the retirement village was
terminated under section53(3)(d).66Working out exit entitlements(1)If a scheme operator accepts an offer
for a right to reside lessthan the agreed value for the right,
the former resident’s exitentitlement is to be worked out as if
the right to reside wassold at the agreed value.(2)If a former resident accepts an offer
for a right to reside lessthan the agreed value, the former
resident’s exit entitlement isto be worked out
on the amount of the offer.(3)If a
former resident’s right to reside in the retirement villagewas
terminated under section 53(3)(d), the former resident’sexit
entitlement is to be worked out as if the right to reside
wassold at the agreed resale value.67Updating agreed resale value every 3
months(1)This section applies if—(a)aformerresident’srighttoresideinaparticularaccommodation
unit—(i)isnotsoldwithin3monthsaftertheterminationdate; or(ii)was terminated
under section 53(3)(d); and(b)the
former resident has not been paid an exit entitlementunder section 63.(2)The
former resident and the scheme operator are to reconsiderthe
resale value of the right to reside at least every 3 monthsand,
if possible, agree in writing on a new resale value, whichmay
be the same value.Page 66Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 67A](3)If
the former resident and the scheme operator can not agreeon
the resale value of the accommodation unit, the operator isto
obtain a valuation of the right to reside in the unit from avaluer within a further 14 days.(4)A valuation obtained under subsection
(3) is taken to be theagreedresalevalueoftherighttoresideintheaccommodation unit.(5)However, subsection (4) does not apply
if—(a)theformerresident’srighttoresideintheaccommodationunitwasterminatedundersection53(3)(d);
and(b)the valuation obtained under
subsection (3) is less thanthe previous
agreed resale value of the right to reside inthe
accommodation unit determined in accordance withthis
section or section 60.67AUpdating agreed
resale value if exit entitlement is payablebefore right to
reside is sold(1)This section applies if—(a)a scheme operator is required under
section 63(1)(c) topay an exit entitlement before a former
resident’s rightto reside in a particular accommodation unit
is sold; and(b)the operator and the former resident
have not otherwiseagreed on the value of the right to reside
for the purposeof calculating the amount of the exit
entitlement.(2)Theoperatormustobtainavaluationoftherighttoresidefrom a valuer
before, but not more than 14 days before, theday the operator
is required to pay the exit entitlement.(4)A
valuation obtained under subsection (2) is taken to be theagreed resale value of the right to
reside.68Costs of selling(1)Thecostsofthesaleofarighttoresideinaparticularaccommodationunit,includingthecostsmentionedinCurrent as at [Not applicable]Page
67
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 69]sections
60(2)and67(3),aretobesharedbytheformerresidentandtheschemeoperatorinthesameproportionasthey
are to share the gross ingoing contribution on the sale ofthe
right to reside, as provided for in the residence contract.(2)However, if the former resident
engages a real estate agent tosell the right
to reside, the former resident must pay the realestate agent’s costs of the sale, if any,
and commission.(3)Exceptasprovidedbysubsections (1)and(2),aschemeoperator must
not charge a former resident a fee, charge orcommission,howeverdescribed,forsellingtheresident’sright to reside
in the resident’s accommodation unit.Maximum
penalty—40 penalty units.(4)However,
subsection (3) does not apply to an operator underan
existing residence contract.(5)Thissectiondoesnotapplyiftheformerresident’srighttoreside in the retirement village was
terminated under section53(3)(d).69Limited ground for scheme operator to refuse
to acceptofferA scheme
operator may refuse to accept an offer to purchase aright to reside in an accommodation unit
if—(a)the operator reasonably
believes—(i)the prospective resident is not within
the age limitsforresidentsstatedinthevillagecomparisondocument;
or(ii)the type of unit
to which the right to reside relatesis unsuitable
for the prospective resident; orExample for
subparagraph (ii)—The accommodation is an independent living
unit and theprospectiveresidentneedshelpwithpersonalcarenotnormally provided by the scheme
operator.(b)therighttoresidewasterminatedundersection53(3)(d).Page
68Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 70]70Valuer(1)For
this division, the valuer of the resale value of the right
toreside in the unit must be a person
who—(a)is a registered valuer; and(b)isagreedonbytheschemeoperatorandtheformerresident.(2)If
the scheme operator and the former resident can not agreeon
the valuer—(a)theschemeoperatorortheformerresidentmustimmediately tell
the chief executive by written notice;and(b)thevalueristobearegisteredvaluerdecidedbythechief executive within 14 days after
the chief executivereceives the notice mentioned in paragraph
(a).(3)In this section—registered
valuermeans a valuer registered under theValuersRegistration Act
1992.70AValuer’s
independenceIn a valuation given under this division, a
valuer must stateanyconnectionto,oragreementwith,theschemeoperatorthat
may call into question the independence of the valuation.70ABSubmissions to valuer(1)This section applies if a valuer is
required, under this divisionoraresidencecontract,tovaluetheresalevalueofaresident’s,oraformerresident’s,righttoresideinanaccommodation unit in a retirement
village.(2)The valuer must advise the scheme
operator and resident orformer resident (each aparty) that the
parties may give thevaluer a submission about the
valuation of the resale value bya stated date
decided by the valuer (thesubmission date).Current as at [Not applicable]Page
69
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 70AC](3)Ifapartydoesnotgiveasubmissiontothevaluerbythesubmissiondate,thepartyistakentohavenotmadeasubmissionforthepurposesofthissectionorsection70AC(2)(a).(4)A
party who gives a submission to the valuer must also give acopyofthesubmissiontotheotherpartybythesubmissiondate.(5)Apartywhoreceivesacopyofasubmissionmaygivethevaluer a written response to the
submission.(6)The response must be given by a stated
date decided by thevaluer(theresponsedate)thatisreasonableinthecircumstances.(7)Ifapartydoesnotgivearesponsetothevaluerbytheresponse date, the party is taken to
have not made a responsefor the purposes of this section or
section 70AC(2)(a).70ACMatters to be considered by
valuers(1)This section applies if a valuer is
required, under this divisionoraresidencecontract,tovaluetheresalevalueofaresident’s,oraformerresident’s,righttoresideinanaccommodation unit in a retirement
village.(2)The valuer—(a)must
have regard to submissions and responses from theschemeoperator,andtheresidentorformerresident,under section 70AB; and(b)mustconductthevaluationonthebasisthattheretirementvillageisoperating,andwillcontinuetooperate, normally; and(c)must have regard to the amount of the
exit fee payableby, and the capital gain sharing
arrangements applyingto, the resident or former resident;
and(d)must not have regard to a different
exit fee that would bepayableby,ordifferentcapitalgainsharingarrangementsthatwouldapplyto,anypersonwhoPage 70Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
3 Residence contracts[s 70AD]purchasedtherighttoresideintheretirementvillagefrom
the resident or former resident.(3)In
this section—capital gain sharing arrangementsmeanstheprovisionsoftheresidencecontract
thatstatehowtheresidentorformerresident,andtheschemeoperator,aretoshareanycapitalgain on the sale
of the resident or former resident’s interest inthe
accommodation unit.70ADValuer may require information from
scheme operator(1)This section applies if a valuer is
required, under this divisionoraresidencecontract,tovaluetheresalevalueofaresident’s,oraformerresident’s,righttoresideinanaccommodation unit in a retirement
village.(2)Thevaluermay,bywrittennotice,requiretheschemeoperatortogivethevaluerstatedinformationabouttheretirementvillage,theaccommodationunitortheresidencecontractthatthevaluerreasonablyneedstocarryoutthevaluation.(3)If
the scheme operator does not give the stated information tothe
valuer by the day (thedue day) 14 days after
the notice isgiventotheschemeoperator,thevaluermustgivetheoperator, and the resident or former
resident, written notice oftheoperator’snon-compliancewiththerequirement(anon-compliance notice)—(a)within 7 days of the due day;
but(b)only if the operator has not given the
stated informationby the day the non-compliance notice is
given.(4)If the resident or former resident is
given a non-compliancenotice, a retirement village dispute
exists between the schemeoperator and the resident or former
resident.Current as at [Not applicable]Page
71
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 3
Residence contracts[s 70B]Division
5ARelative’s right to reside70BRelative’s right to reside after death
or vacation(1)This section applies if—(a)aresident’srighttoresideinanaccommodationunitunderaresidencecontract,includinganexistingresidence
contract, is terminated under this Act becausethe resident
dies or vacates the accommodation unit; and(b)arelativeoftheresident,althoughnotapartytotheresidencecontract,waslivingintheaccommodationunit when the
residence contract was terminated; and(c)the
relative has lived in the accommodation unit for atleastthe6monthsimmediatelybeforetheresidencecontract was
terminated.(2)The relative has a right to reside in
the accommodation unitfor 3 months after the day the
residence contract is terminatedif the relative
agrees to be bound by the terms of the resident’sresidence contract while the relative
continues to live in theaccommodation unit.(3)The relative’s agreement must be in
writing and given to theschemeoperatorwithin14daysafterthedaytheresidencecontract is
terminated.(4)Duringthe3months,therelativehasalltherightsandliabilities of a resident under this
Act.(5)If—(a)the
resident’s interest in the accommodation unit was aleasehold interest or licence; and(b)nootherpersonhasarightundertheresident’sresidence
contract to reside in the accommodation unit;and(c)the relative meets the eligibility
criteria for a resident ofthe retirement village; andPage
72Current as at [Not applicable]
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3 Residence contracts[s 71](d)therelative,atleast14daysbeforetheendofthe3months, advises
the scheme operator, in writing, that therelative wants
to enter into a residence contract for theaccommodation
unit;then—(e)the
relative has a right to enter into a residence contractfor
the accommodation unit; and(f)the
scheme operator must enter into a residence contractfor
the accommodation unit with the relative before theend
of the 3 months.(6)A residencecontractenteredintoundersubsection
(5)mustbeonthesametermsaswouldbeofferedtoanyotherpotential
resident of the accommodation unit, as adjusted toinclude any agreement between the relative
and the schemeoperatoraboutreinstatementworkfortheaccommodationunit.Division 6Enforcing
residence contracts71Enforcing residence contract(1)Aresidencecontractisenforceableagainstthefollowingpersons for the
recovery of all or part of the exit entitlement—(a)a person who is a party to the
contract;(b)apersonwhoisnotapartytothecontractbutwho,when the
contract was entered into—(i)was the scheme
operator for the retirement villageto which the
contract relates; or(ii)owned the
retirement village land;(c)apersonwhoisnotapartytothecontractbutwho,when the
contract is to be enforced—(i)is
the scheme operator; or(ii)owns the
retirement village land.Current as at [Not applicable]Page
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Residence contracts[s 72](2)Forthepurposeofenforcingacontractagainstapersonmentioned in
subsection (1)(b) or (c), the person is taken to bethe
scheme operator under the contract.(3)A
court may make an order under this section against a personmentioned in subsection (1)(b) only if the
court is satisfied—(a)an order against a person mentioned in
subsection (1)(a)or (c) would be ineffectual; and(b)intheparticularcircumstances,itisjusttomaketheorder.(4)Subsection (1)(b)(ii) and (1)(c)(ii) are
subject to section 72.72Restriction on
enforcing residence contract(1)Thissectionappliestoapersonwhoisnotapartytoaresidencecontractthatissoughttobeenforcedagainsttheperson, and who, when the enforcement
is sought—(a)is not the scheme operator; but(b)owns the retirement village
land.(2)The contract can not be enforced
against the person for therecovery of all or part of the exit
entitlement if—(a)the person acquired the land as a
genuine purchaser forvalue from a mortgagee exercising
power of sale under amortgage; and(b)themortgagewascreatedoverthelandbefore1November 1989.73Limit
on scheme operator’s liability for breach ofresidence
contractAschemeoperatorisnotliableforbreachofaresidencecontract for the
scheme operator’s failure to supply a generalservice to a
resident under the contract if—(a)thecostofsupplyingtheserviceismorethantheservices charge for the service;
andPage 74Current as at
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Retirement Villages Act 1999Part
4 Other documents relating to retirement village schemes[s
74](b)theresidentshavenotapprovedthepaymentofanincreased services charge to cover the
cost of supplyingthe service; and(c)inallthecircumstances,theschemeoperatoractedreasonably.Notauthorised—indicativeonlyPart
4Other documents relating toretirement village schemes74Village comparison documents(1)Thepurposeofavillagecomparisondocumentistogivegeneralinformationaboutaretirementvillageschemetopotentialresidentsoftheretirementvillage,includinginformation
about—(a)availabletypesofaccommodation,facilitiesandservices; and(b)amounts payable by or to residents, the
scheme operatorand other persons.(2)A
village comparison document must—(a)be
in the approved form; andNote—See section
227AA(2).(b)contain the information prescribed by
regulation.(3)On registration of a retirement
village scheme, the documentlodgedwiththeapplicationforregistrationundersection27(2)(b)becomesthevillagecomparisondocumentforthescheme.(4)Immediatelyafterbecomingawareofamaterialchangetoany
of the information in the village comparison document fora
scheme, the scheme operator must amend the document so itcontains the correct information.Maximum penalty—50 penalty units.Current as at [Not applicable]Page
75
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Other documents relating to retirement village schemes[s
75](5)Within28daysafteramendingavillagecomparisondocumentbecauseofamaterialchangetoanyoftheinformation in the document, the
scheme operator must givethe chief executive written notice of
the amendment.Maximum penalty—540 penalty units.(6)The scheme operator for a retirement
village scheme must—(a)publishthevillagecomparisondocumentonthescheme’swebsitesothedocument,oralinktothedocument,appearsprominentlyoneachpageofthewebsitethatcontains,orhasalinkto,marketingmaterial for the
scheme; and(b)ensure any promotional material for
the scheme that isgiventoaperson,otherthanaspartofageneraldistribution of
the material in a mail-out or other way, isaccompaniedbyacopyofthevillagecomparisondocument for the
scheme; and(c)give a copy of the village comparison
document for theschemetoaprospectiveresidentwithin7daysofreceiving a request from the prospective
resident.Maximum penalty—(a)for
paragraphs (a) and (b)—50 penalty units; or(b)for
paragraph (c)—120 penalty units.(7)Subsection (6)(b) and (c) does not apply to
a person to whoma copy of the village comparison document
for the scheme haspreviously been given if there have been no
material changesto the document since the copy was given to
the person.(8)In this section—giveincludessendbyemail,facsimileorotherelectronicmeans.75Prospective costs documents(1)The purpose of a prospective costs
document is to give to aprospective resident of a retirement
village a summary of thePage 76Current as at
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4 Other documents relating to retirement village schemes[s
76]estimatedcostsofmovinginto,livinginandleavingtheretirement village.(2)A
prospective costs document must—(a)be
in the approved form; andNote—See section
227AA(2).(b)contain the information prescribed by
regulation.(3)Ifaprospectiveresidentasksaschemeoperatorforaprospectivecostsdocument,theoperatormustprepareandgive
to the prospective resident a prospective costs documentwithin 7 days after receiving from the
prospective resident anyinformation that the operator needs to
complete the document.Maximum penalty—120 penalty
units.(4)Subsection(3)doesnotapplytoapersontowhomaprospective costs document has previously
been given if therehave been no material changes to the
information required tobeincludedinthedocumentsinceitwaslastgiventotheperson.(5)In this section—giveincludessendbyemail,facsimileorotherelectronicmeans.76Condition reports at start of
residency(1)The scheme operator for a retirement
village scheme must notpermitaprospectiveresidenttostartoccupyinganaccommodationunitunderaresidencecontractunlesstheoperator has—(a)under subsection (2), inspected the unit and
completed areportintheapprovedformdescribingitscondition;andNote—See section
227AA(2).(b)signed the report; andCurrent as at [Not applicable]Page
77
Retirement Villages Act 1999Part 4
Other documents relating to retirement village schemes[s
76]Notauthorised—indicativeonly(c)givenacopyofthesignedreporttotheprospectiveresident.Maximum penalty—20 penalty units.(2)Theschemeoperatormustcarryouttheinspectionandcomplete the report—(a)in
the way prescribed by regulation; and(b)in
the presence of the prospective resident or a personacting on behalf of the prospective
resident.(3)However, subsection (2)(b) does not
apply if the prospectiveresident has consented in writing to
the inspection and reportcompletion being carried out in his or
her absence.(4)Within 7 days after starting to occupy
the accommodation unitunder the residence contract, the
resident must—(a)sign the report; and(b)if the resident does not agree with
the report—show thepartsofthereporttheresidentdisagreeswithbymarking the copy in an appropriate way;
and(c)return the copy to the
operator.(5)However, if the operator has not given
the resident a copy ofthereportbeforetheresidentstartstooccupytheaccommodation unit under the residence
contract, subsection(4)appliesasifareferencetooccupyingtheunitwereareference to receiving the
copy.(6)If the resident returns the copy of
the report to the operatorundersubsection(4),theoperatormustmakeacopyofthereport and return it to the resident
within 14 days.Maximum penalty—20 penalty units.(7)Theoperatormustkeep,atleastuntil2yearsaftertheresident’s termination date under
section 56—(a)the signed copy of the report returned
to the operator bythe resident; or(b)iftheresidentdoesnotreturnasignedcopy—anothercopy of the
report.Page 78Current as at
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4 Other documents relating to retirement village schemes[s
77]Maximum penalty—20 penalty units.Notauthorised—indicativeonly77Condition reports at end of
residency(1)Within14daysafteraresident’sterminationdateundersection 56, the
scheme operator must—(a)inspecttheformerresident’saccommodationunitandcompleteareportintheapprovedformdescribingitscondition; andNote—See
section 227AA(2).(b)sign the report; and(c)give a copy of the signed report to
the former resident.Maximum penalty—20 penalty
units.(2)The former resident must—(a)sign the report; and(b)if the former resident does not agree
with the report—showthepartsofthereporttheformerresidentdisagreeswithbymarkingthecopyinanappropriateway; and(c)return the copy to the
operator.(3)Iftheformerresidentreturnsthecopyofthereporttotheoperator under subsection (2), the
operator must make a copyofthereportandreturnittotheformerresidentwithin14days.Maximum
penalty—20 penalty units.(4)The scheme
operator must keep, at least until 2 years after theresident’s termination date under section
56—(a)the signed copy of the report returned
to the operator bythe former resident; or(b)iftheformerresidentdoesnotreturnasignedcopy—another copy of the report.Maximum penalty—20 penalty units.Current as at [Not applicable]Page
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Other documents relating to retirement village schemes[s
84]84Relevant information documents to be
given toprospective residents(1)Aschemeoperatormustnotenterintoaresidencecontractforthevillagewithapersonunless,atorbeforetheprescribed time under subsection (5),
the scheme operator hasgiven the person a copy of each of the
following documents—(a)the residence
contract;(b)the village comparison document for
the scheme;(c)a prospective costs document for the
residence contract;(d)any by-laws for the village in force
under section 130;(e)any other document prescribed by
regulation.Maximum penalty—200 penalty units.(2)If there is a change, other than a
minor change, in any of theinformation
given to a person in a document under subsection(1)
before the operator and the person enter into the contract,the
scheme operator must give the details of the change to theperson at or before the prescribed time
under subsection (5).Maximum penalty—200 penalty
units.(3)A person may give a scheme operator a
waiver under whichthepersonagreestoreceiveadocumentmentionedinsubsection (1), or details of a change
mentioned in subsection(2),lessthan21daysbeforethepersonentersintothecontract.(4)The
waiver must—(a)be in the approved form; and(b)statethat,onastatedday,thepersonobtainedlegaladvicefromaQueenslandlawyeraboutenteringintothe contract;
and(c)be signed by the person and the
lawyer.(5)The prescribed time by which a scheme
operator must give adocumentordetailsrelatingtoaresidencecontracttoaperson under subsection (1) or (2)
is—Page 80Current as at
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4 Other documents relating to retirement village schemes[s
85](a)21daysbeforetheoperatorandthepersonenterintothe contract;
or(b)ifthepersongivestheoperatorawaiverundersubsections (3) and (4) for the
contract—(i)the time stated in the waiver as the
time by whichthepersonagreestoreceivethedocumentordetails; or(ii)ifnotimeisstatedinthewaiver—immediatelybefore the
operator and the person enter into thecontract.(6)Foraresidencecontractconsistingofmorethan1writtencontract,areferenceinthissectiontoenteringintoaresidence contract is a reference to
entering into any of thecontracts.(7)In
this section—minorchange,ininformationgiventoapersoninadocument under
subsection (1), means—(a)a correction of
a minor error; or(b)anotherchangethatisnotachangeofsubstanceanddoes
not adversely affect the person’s interests.85Access to operational documents by residents
andprospective residents(1)Aregulationmayprescribethedocuments(operationaldocuments),
relating to the operation of a retirement villagescheme, that may be accessed under this
section.(2)Aresidentorprospectiveresidentmayasktheschemeoperator to
allow the person to inspect, or take a copy of, anoperational document.(3)The
request must—(a)be written; and(b)state—(i)the
person’s name; andCurrent as at [Not applicable]Page
81
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Other documents relating to retirement village schemes[s
86](ii)whether the
person is a resident or a prospectiveresident;
and(iii)a reasonable
time, at least 7 days after the requestisgiventotheschemeoperator,fortheperson’saccess to the document; and(c)be accompanied by any fee prescribed
by regulation.(4)Subject to subsections (5) and (6),
the scheme operator mustcomply with the request.Maximum penalty—120 penalty units.(5)The scheme operator must not give the
person any personalinformation about another person.(6)Theschemeoperatorisnotrequiredtocomplywiththerequest so far as it relates to an
operational document if—(a)within 30 days
before the request was made, the schemeoperator
complied with another request by the person toinspect,ortakeacopyof,thesameoperationaldocument;
and(b)therehavebeennomaterialchangestothedocumentsince the operator complied with the other
request.(7)In this section—personal
informationmeans information or an opinion that—(a)the operator has gained or brought
into existence in thecourse of the operation of the scheme;
and(b)is about an individual whose identity
is apparent, or canreasonablybeascertained,fromtheinformationoropinion.86Misleading or deceptive conduct(1)This section applies to a person who
is—(a)a scheme operator; or(b)a representative of a scheme
operator.Page 82Current as at
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5 Operation of schemes for, and management of, retirement
villages[s 86A](2)Thepersonmustnot,inrelationtotheoperationofaretirementvillagescheme,engageinconductthatismisleading or deceptive or is likely
to mislead or deceive.Example of conduct that is misleading
or deceptive or is likely to misleador
deceive—Giving false or misleading information
(orally or in writing) to—(a) the chief executive; or(b)
a resident or prospective resident.Maximum
penalty—200 penalty units.(3)In this
section—representative, of a scheme
operator, means—(a)an employee or agent of the scheme
operator; and(b)iftheschemeoperatorisacorporation—anexecutiveofficer of the scheme operator.86AScheme website(1)Theschemeoperatorforaretirementvillageschememustmaintain a website for the scheme.(2)A website maintained under subsection
(1) may relate to morethan 1 scheme.Part 5Operation of schemes for, andmanagement of, retirementvillagesDivision 1Operator and employees of village87Definitions for div 1In
this division—convictionmeansafindingofguilt,ortheacceptanceofaplea of guilty, by a court.Current as at [Not applicable]Page
83
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 88]criminalhistory,ofaperson,meanscriminalhistoryasdefined under theCriminal Law
(Rehabilitation of Offenders)Act 1986,
other than a spent conviction.insolvent under
administrationhas the meaning given by theCorporations Act, section 9.relevantconvictionmeansaconviction,otherthanaspentconviction,
for—(a)an offence involving fraud or
dishonesty punishable, atthe time the conviction is recorded,
by not less than 3months imprisonment; or(b)an
offence involving physical violence to someone else.spent convictionmeans a
conviction—(a)for which the rehabilitation period
under theCriminalLaw
(Rehabilitation of Offenders) Act 1986has
expiredunder that Act; and(b)thatisnotrevivedasprescribedbysection 11ofthatAct.88Persons prohibited from operating a
retirement villagescheme etc.(1)A
person who is an insolvent under administration must not—(a)be a scheme operator; or(b)promote a retirement village scheme;
or(c)sell rights to reside in a retirement
village; or(d)beconcerned,directlyorindirectly,inmanagingaretirement village.Maximum
penalty—100 penalty units.(2)A person who has
a relevant conviction must not—(a)be a
scheme operator; or(b)promote a retirement village scheme;
or(c)sell rights to reside in a retirement
village; orPage 84Current as at
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5 Operation of schemes for, and management of, retirement
villages[s 88A](d)beconcerned,directlyorindirectly,inmanagingaretirement village.Maximum
penalty—100 penalty units.(3)Subsections
(1)(b) or (c) and (2)(b) or (c) do not apply to aperson who is a resident or a former
resident of a retirementvillage, or who acts for the resident
or former resident, whodoessomethingmentionedinthesubsectionsonlytoterminate the resident’s or former
resident’s right to reside inan accommodation
unit in the retirement village.88AInvestigations about scheme operators
etc.(1)The chief executive may ask the
commissioner of the policeserviceforareportaboutthecriminalhistoryofapersonwho—(a)appliestothechiefexecutivetoregisteraretirementvillage scheme;
or(b)the chief executive reasonably
suspects—(i)is a scheme operator; or(ii)promotes a
retirement village scheme; or(iii)sells rights to reside in a retirement
village; or(iv)is concerned,
directly or indirectly, in managing aretirement
village.(2)The commissioner must give the report
to the chief executive.(3)However,thereportisrequiredtocontainonlycriminalhistoryinthecommissioner’spossessionortowhichthecommissioner has access.(4)Ifthecriminalhistoryofthepersonincludesaconvictionrecorded against
the person, the commissioner’s report mustbe
written.Current as at [Not applicable]Page
85
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 88AA]88AACosts
of criminal history report(1)Thechiefexecutivemayrequireanapplicantfortheregistrationofaretirementvillageschemetopaythereasonable,butnomorethanactual,costsofobtainingareport under section 88A about the
applicant.(2)The chief executive must refund to the
applicant an amountpaid under the requirement if—(a)thechiefexecutiverefusestheapplicationwithoutasking for the report; or(b)the applicant withdraws the
application before the chiefexecutive asks
for the report.(3)In this section—applicantincludes proposed applicant.88BConfidentiality of criminal
history(1)Anofficer,employeeoragentofthedepartment(representative)mustnot,directlyorindirectly,disclosetoanyoneelseareportaboutaperson’scriminalhistory,orinformation contained in the report, given
under section 88A.Maximum penalty—100 penalty units.(2)However,therepresentativedoesnotcontravenesubsection (1)
if—(a)disclosure of the report or
information to someone elseisauthorisedbythechiefexecutivetotheextentnecessary to perform a function under or in
relation tothis Act; or(b)the
disclosure is otherwise required or permitted by law.(3)Thechiefexecutivemustdestroyawrittenreportaboutaperson’scriminalhistoryassoonaspracticableafterconsidering it unless a written report about
a person’s criminalhistory is to be used for a
prosecution.Page 86Current as at
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Retirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 89]Division 2Exercise of power of attorney byscheme operatorNotauthorised—indicativeonly89Power of attorney(1)A
scheme operator must not exercise or purport to exercise apower conferred on, or exercisable by, the
scheme operatorunder a limited, general or enduring power
of attorney givenby a resident of the retirement village in
favour of the schemeoperator.Maximum
penalty—540 penalty units.(2)However,theschemeoperatordoesnotcontravenesubsection (1)
if—(a)the resident is a spouse or other
relative of the schemeoperator; or(b)the
scheme operator exercises, or purports to exercise, apower of attorney given to the operator by
the resident toexecute a surrender of a registered lease in
favour of theresident over an accommodation unit after
the resident’sresidencecontracthasbeenlawfullyterminatedunderthis
Act; or(c)the resident gives the power of
attorney under theBodyCorporateandCommunityManagementAct1997,section 211 or 219.Division 3Capital improvement90Responsibility for capital improvement of
retirementvillage(1)Aschemeoperatorissolelyresponsibleforthecostoftheretirement village’s capital
improvement, including the capitalimprovement of
the retirement village’s communal facilitiesowned by the
scheme operator.(2)This section applies subject to
sections 90A and 90B.Current as at [Not applicable]Page
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Operation of schemes for, and management of, retirement
villages[s 90A]90AResponsibility for capital improvement of
resident’saccommodation unit(1)This
section applies if—(a)a resident gives the scheme operator a
written requestforaparticularcapitalimprovementtotheresident’saccommodation
unit; and(b)the scheme operator makes or agrees to
make the capitalimprovement.(2)The
resident is solely responsible for the cost of the capitalimprovement.90BResidents jointly responsible for capital
improvementsrequested at residents meeting(1)This section applies if—(a)residents of a retirement village, by
special resolution ata residents meeting, vote to give the
scheme operator awrittenrequestforacapitalimprovementtotheretirement village; and(b)the scheme operator makes or agrees to
make the capitalimprovement.(2)All
the residents of the retirement village when the vote wastakenarejointlyresponsibleforthecostofthecapitalimprovement.90CResponsibility of former resident for
capital improvementIfaformerresidentceasestobeliable,undersection
104(3)(b), to pay a proportion of the general servicescharges—(a)theformerresidentstopsbeingresponsible,undersection 90Aor90B,forthecostofacapitalimprovement;
and(b)theschemeoperatorbecomesliablefortheresident’sshare of the
cost of the capital improvement.Page 88Current as at [Not applicable]
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5 Operation of schemes for, and management of, retirement
villages[s 90D]90DQuotes for capital improvements(1)A resident may give the scheme
operator a written request togetquotesforaparticularcapitalimprovementtotheresident’s accommodation unit.(2)Theresidentscommitteemaygivetheschemeoperatorawrittenrequesttogetquotesforaparticularcapitalimprovement to the retirement
village.(3)If the scheme operator receives a
request under subsection (1)or(2),theschemeoperatormustgetatleast2quotesforcarryingoutthecapitalimprovementfromqualifiedtradespersons
appropriate for the work.(4)However,therequirementtogetatleast2quotesdoesnotapply if, for exceptional reasons, it
is not practicable to getmore than 1 quote.(5)The
scheme operator must give copies of the quotes or, if thequotes are voluminous, summaries of the
quotes and adviceabout where the complete quotes may be
inspected, promptlyto the resident or the residents
committee.(6)Any reasonable cost associated with
getting a quote must bepaid by—(a)foraquoterequestedundersubsection (1)—theresident;
or(b)for a quote requested under subsection
(2)—all residentsjointly.90EMoney
received for capital improvement(1)As a
condition of agreeing to make a capital improvement, theoperator may require the resident or
residents to pay the costof the improvement before it is
made.(2)The scheme operator must keep the
money received for thecost of a capital improvement in a
trust account on trust forthe benefit of the resident or
residents.Maximum penalty—540 penalty units.Current as at [Not applicable]Page
89
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 91](3)The
scheme operator must not use an amount received for thecost
of a capital improvement and standing to the credit of thetrust account for a purpose other than the
cost of the capitalimprovement.Maximum
penalty—540 penalty units.(4)The scheme
operator must refund any amount received for thecostofacapitalimprovementthatexceedsthecostofthecapital improvement to the resident or
residents.Maximum penalty—540 penalty units.Division 4Capital
replacement fund91Capital replacement fund(1)A scheme operator must—(a)establishandkeepafund(thecapitalreplacementfund)forreplacingtheretirementvillage’scapitalitems;
and(b)holdamountsstandingtothecreditofthefundinaseparate account—(i)that
is established and kept for the purpose; and(ii)the
name or style of which includes—(A)the
operator’s name; and(B)the retirement
village scheme the account isforfollowedbythewords‘securedcapitalreplacement fund
account’; and(iii)thatrequireswithdrawalsfromit,whetherbycheque or otherwise, to be signed by the
schemeoperator.Maximum
penalty—540 penalty units.(2)The scheme
operator is solely responsible for contributing tothe
fund.Page 90Current as at
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Retirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 91]Notauthorised—indicativeonly(3)No amount standing to the credit of
the fund may be appliedor used for a purpose other
than—(a)replacing the village’s capital items;
or(b)payingthequantitysurveyor’sreasonablefeesforgiving a report for section 92;
or(c)payingtaxonamountspaidintothefundundersection 94(1)(b).(4)A
person who applies or uses an amount in contravention ofsubsection (3) commits an offence.Maximum penalty—540 penalty units.(5)Without limiting subsection (3), the
scheme operator must notuse the amount standing to the credit
of the fund for—(a)thevillage’scapitalimprovement,maintenanceorrepairs; or(b)capitalreplacement,maintenanceorrepairsofbodycorporatepropertytowhichtheBodyCorporateandCommunity Management Act 1997applies.Maximum
penalty—540 penalty units.(6)Immediatelythefundisestablished,astatutorychargeiscreated over it for the benefit of the
residents of the village toensuretheavailabilityofthebalanceofthefundforthepurposes mentioned in subsection
(3).(7)The charge has priority over any other
charge over the fundgiven by the scheme operator,
including a charge given beforethe commencement
of this section, other than a charge createdand given
priority over other charges under a Commonwealthlaw
or another law of the State.(8)Regardlessofanychangeinwhocontrolsthescheme’soperation, the
charge is irrevocable and continues until—(a)thevillageceasestooperateasaretirementvillagescheme; and(b)allformerresidentshavebeenpaidtheirexitentitlement.Current as at
[Not applicable]Page 91
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Operation of schemes for, and management of, retirement
villages[s 92]92Amount of capital replacement fund(1)Before a scheme operator decides a
budget under section 93,the operator must obtain an
independent quantity surveyor’swritten report
about the expected capital replacement costs forthe
village for the next 10 years.Maximum
penalty—540 penalty units.(2)For subsection
(1), the report must be—(a)a full
report—(i)inthe2009financialyearandineverythirdfinancial year after that; and(ii)inanyotherfinancialyearinwhichsubstantialchanges have
been made to the retirement village;and(b)an updated report in every financial
year in which a fullreport need not be obtained.(3)The scheme operator must decide the
amount to be held in thecapitalreplacementfundforthevillage(thecapitalreplacement reserve) having regard
to the fund’s purpose, thequantity surveyor’s report and any
amounts transferred to thefund under section 232 or 234.(4)In having regard to the quantity
surveyor’s report, the schemeoperator must
use the scheme operator’s best endeavours toimplementthesurveyor’srecommendationsinthecontextof—(a)the objects of this Act; and(b)any circumstances relevant to the
retirement village thatapparentlywerenotconsideredbythequantitysurveyor.(5)If the amount held in an existing
retirement village’s capitalreplacement fund
is less than the capital replacement reserve,the operator
must decide the amount the operator must pay tothe fund to
reach the capital replacement reserve within thefollowing period after the commencement of
this division—Page 92Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 93](a)ifthefirstresidentinthevillageoccupiedanaccommodationunit5ormoreyearsbeforethecommencement—10 years;(b)ifthefirstresidentinthevillageoccupiedanaccommodationunitlessthan5yearsbeforethecommencement—5 years.(6)Iftheamountaschemeoperatormustspendoncapitalreplacement at
any time is more than the amount held in thecapital
replacement fund, the operator must pay the differencebetween the actual amount to be spent and
the amount held inthe capital replacement fund.(7)Theoperatormayadjustthecapitalreplacementfundcontributionannuallytoensurethecapitalreplacementreserveisreachedwithintherelevantperiodmentionedinsubsection (5).93Capital replacement fund budget(1)Theschemeoperatormustadoptabudget(acapitalreplacementfundbudget)foreachfinancialyearforthecapital replacement fund.(1A)The budget must
be in the approved form.Note—See section
227AA(2).(2)Forsubsection
(1),thecapitalreplacementfundbudgetmust—(a)allow for raising a reasonable capital
amount to—(i)providefornecessaryandreasonablespendingfrom
the capital replacement fund for the financialyear; and(ii)reserveanappropriateproportionalshareofamountsnecessarytobeaccumulatedtomeetanticipated
major expenditure over at least the next9 years after
the financial year; andCurrent as at [Not applicable]Page
93
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 94](b)fixtheamounttoberaisedbywayofcapitalreplacementfundcontributiontocoverthecapitalamount mentioned
in paragraph (a).Example—Replacing a
village stand-by electricity generator is anticipated to benecessary in 3 years time at a cost
currently estimated at $60,000. Thecontribution
amount for the capital replacement fund in the budget forthe
financial year must therefore include the annual proportional
shareforitsreplacementof$20,000.Nextyear,theestimatedcosthasincreased to $68,000 and so the second
year amount will be $24,000.The estimated
cost in the third year is $70,000, so with the $44,000accumulated, a further $26,000 is necessary
to meet the cost.(3)The residents committee may, by
written notice given to thescheme operator,
ask the scheme operator to give the residentscommittee a copy
of the draft capital replacement fund budgetfor the
financial year at least 14 days before the beginning ofthe
financial year to which the draft capital replacement fundbudget relates.(4)The
notice must be given at least 28 days before the beginningofthefinancialyeartowhichthedraftcapitalreplacementfund budget
relates.(5)The scheme operator must comply with
the notice.94Payments into capital replacement
fund(1)The scheme operator must ensure that
the following amountsare paid into the capital replacement
fund—(a)amountsreceivedunderinsurancepoliciesforthedestruction of items of a capital
nature;(b)interest from investment of amounts
held in the fund;(c)the capital replacement fund
contribution;(d)ifanexistingresidencecontractrequiresanamountfromaresident’sserviceschargetobepaidtowardscapital replacement—(i)if
the amount is stated in the contract—the amount;orPage 94Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 95](ii)iftheamountisnotstatedinthecontract—theamount decided
by the operator worked out in theway stated in
the public information document ineffect under
section 237I;(e)any amounts transferred to the fund
under section 232 or234;(f)any
amount paid by a resident under section 96(2).Maximum
penalty—540 penalty units.(2)Subsection (1)
does not limit the amounts a scheme operatormay pay into the
capital replacement fund.(3)However, the
scheme operator must not pay into the capitalreplacementfundamountsproperlypayableintoanotherfund.Maximum penalty for subsection (3)—540
penalty units.95Restriction on investing capital
replacement fundamountsA scheme
operator must not invest an amount standing to thecreditoftheretirementvillage’scapitalreplacementfundother than in an authorised investment under
theTrustsAct1973.Maximum penalty—540 penalty units.96Resident liable for replacing certain
capital items(1)This section applies if a capital item
of a retirement villageis—(a)deliberately damaged by a resident;
or(b)subjectedtoacceleratedwearcausedbyaresident’sactions.(2)The resident is liable for the cost of
replacing the item.Current as at [Not applicable]Page
95
Retirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 97]Division 5Maintenance reserve fundNotauthorised—indicativeonly97Maintenance
reserve fund(1)A scheme operator must—(a)establishandkeepafund(themaintenancereservefund)formaintainingandrepairingtheretirementvillage’s
capital items; and(b)hold amounts standing to the credit of
the fund on trustsolelyforthebenefitofresidentsinatrustaccountthat—(i)is
established and kept for the purpose; and(ii)requires withdrawals from it, whether by
cheque orotherwise, to be signed by the scheme
operator.Maximum penalty—540 penalty units.(2)Residents are solely responsible for
contributing to the fund.(3)The scheme
operator must not use an amount standing to thecredit of the
fund for a purpose other than—(a)maintaining and repairing the village’s
capital items; or(b)payingthequantitysurveyor’sreasonablefeesforgiving a report for section 98;
or(c)payingtaxonamountspaidintothefundundersection 100(1)(b).Maximum
penalty—540 penalty units.(4)Without limiting
subsection (3), the scheme operator must notuse the amount
standing to the credit of the fund for—(a)the
day-to-day maintenance of the village; or(b)the
village’s capital improvement or replacement; or(c)capitalreplacement,maintenanceorrepairsofbodycorporatepropertytowhichtheBodyCorporateandCommunity Management Act 1997applies.Maximum
penalty—540 penalty units.Page 96Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 98](5)Regardlessofanychangeinwhocontrolsthescheme’soperation, the
trust is irrevocable and continues until—(a)thevillageceasestooperateasaretirementvillagescheme; and(b)allformerresidentshavebeenpaidtheirexitentitlement.98Amount of maintenance reserve fund(1)Beforetheschemeoperatordecidesabudgetundersection 99, the operator must obtain an
independent quantitysurveyor’s written report about the
expected maintenance andrepair costs for the village for the
next 10 years.Maximum penalty—540 penalty units.(2)For subsection (1), the report must
be—(a)a full report—(i)inthe2009financialyearandineverythirdfinancial year
after that; and(ii)inanyotherfinancialyearinwhichsubstantialchanges have
been made to the retirement village;and(b)an updated report in every financial
year in which a fullreport need not be obtained.(3)The scheme operator must decide the
amount to be held in themaintenancereservefundforthevillage(themaintenancereserve)havingregardtothefund’spurpose,thequantitysurveyor’sreportandanyamountstransferredtothefundunder sections
232 to 234.(4)Iftheamountheldinanexistingretirementvillage’smaintenancereservefundislessthanthemaintenancereserve,theoperatormustincreasethemaintenancereservefund
contribution to reach the maintenance reserve within thefollowing period after the commencement of
this division—Current as at [Not applicable]Page
97
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 99](a)ifthefirstresidentinthevillageoccupiedanaccommodationunit5ormoreyearsbeforethecommencement—10 years;(b)ifthefirstresidentinthevillageoccupiedanaccommodationunitlessthan5yearsbeforethecommencement—5 years.(5)If the amount a scheme operator must
spend on maintenanceorrepairsatanytimeismorethantheamountheldinthemaintenancereservefund,theoperatormustpaythedifferencebetweentheactualamounttobespentandtheamount held in
the maintenance reserve fund.(6)Anamountpaidundersubsection
(5)istobetreatedasaninterestfreeloanfromtheschemeoperatortothemaintenance
reserve fund.(7)Theschemeoperatormayadjustthemaintenancereservefund
contribution annually to ensure the maintenance reserveisreachedwithintherelevantperiodmentionedinsubsection (4).99Maintenance reserve fund budget(1)The scheme operator must adopt a
budget for the maintenancereserve fund (amaintenance
reserve fund budget) for eachfinancial year
that—(a)is in the approved form; andNote—See section
227AA(2).(b)subjecttosubsection(2),isconsistentwith,andimplementsanyrecommendationsin,thequantitysurveyor’s
report obtained under section 98(1).Maximum
penalty—200 penalty units.(2)Subsection
(1)(b) does not apply to the scheme operator to theextent of any part of the maintenance
reserve fund budget thathas been agreed to by the residents by
special resolution at aresidents meeting.Page 98Current as at [Not applicable]
Retirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 99]Notauthorised—indicativeonly(3)The maintenance reserve fund budget
must—(a)allow for raising a reasonable amount
for maintenanceand repairs to—(i)providefornecessaryandreasonablespendingfrom
the maintenance reserve fund for the financialyear; and(ii)reserveanappropriateproportionalshareofamountsnecessarytobeaccumulatedtomeetanticipated
major expenditure over at least the next9 years after
the financial year; and(b)fixthe
amounttobe raisedbywayofcontributiontocover the estimated recurrent expenditure
mentioned inparagraph (a).Example—Painting of village property is anticipated
to be necessary in 3 yearstime at a cost currently estimated at
$3,000. The contribution amountfor the
maintenance reserve fund in the budget for the financial
yearmust therefore include the annual
proportional share for painting of$1,000. Next
year, the estimated cost has increased to $3,400 and so thesecond year levy will be $1,200. The
estimated cost in the third year is$3,500, so with
the $2,200 accumulated, a levy of $1,300 is necessaryto
meet the cost.(4)The residents committee or a resident
may, by written noticegiven to the scheme operator, ask the
scheme operator to givetheresidentscommitteeorresidentacopyofthedraftmaintenancereservefundbudgetforthefinancialyearatleast14daysbeforethebeginningofthefinancialyeartowhich the draft maintenance reserve
fund budget relates.(5)The notice must
be given at least 28 days before the beginningof the financial
year to which the draft maintenance reservefund budget
relates.(6)The scheme operator must comply with
the notice.Maximum penalty—200 penalty units.(7)If,attheendofafinancialyearforwhichabudgetforthemaintenancereservefundisadopted,thereisasurplusordeficit, the surplus or deficit in the
maintenance reserve fundCurrent as at [Not applicable]Page
99
Retirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 100]must be carried
forward and taken into account in adoptingthe budget for
the next financial year.(8)Subsection (7)
applies despite section 106(1).Notauthorised—indicativeonly100Payments into
maintenance reserve fund(1)The scheme
operator must ensure that the following amountsare paid into
the maintenance reserve fund—(a)the
residents’ maintenance reserve fund contributions;(b)interest received on investments
belonging to the fund.Maximum penalty—540 penalty
units.(2)Subsection (1) does not limit the
amounts a scheme operatormay pay into the maintenance reserve
fund.(3)However,theschemeoperatormustnotpayintothemaintenancereservefundamountsproperlypayableintoanother
fund.Maximum penalty for subsection (3)—540
penalty units.101Restriction on investing maintenance
reserve fundamountsA scheme
operator must not invest an amount standing to thecreditoftheretirementvillage’smaintenancereservefundother than in an
authorised investment under theTrustsAct1973.Maximum penalty—540 penalty units.Division 6Charges for
personal services102Charges for personal services for
former residentsIfaresidentofaretirementvillagewhoisliabletopayacharge for personal services vacates the
village, the schemeoperator must not levy the charge against
the resident—Page 100Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 102AA](a)after the period of notice given under
section 52 or 53ends; or(b)iftheperiodofnoticegivenundersection
52isextended—formorethan14daysaftertheendoftheextended period of notice; or(c)if the resident’s residence contract
is terminated becausetheresidentdies—formorethan28daysaftertheresidence contract is
terminated.Maximum penalty—540 penalty units.Division 7General services
charges fund102AA General services charges fund(1)A scheme operator must establish and
keep a fund for generalservices.(2)The
scheme operator must not use an amount standing to thecredit of the fund for a purpose other than
providing generalservices.Maximum
penalty—540 penalty units.102AGeneral services
charge budget(1)Theschemeoperatormustadoptabudget(thegeneralserviceschargebudget)foreachfinancialyearforthegeneral services
charges fund.(2)The budget must be in the approved
form.Note—See section
227AA(2).(3)The general services charge budget
must—(a)allowforraisingareasonableamounttoprovidethegeneral services for the financial year;
and(b)fixthe
amounttobe raisedbywayofcontributiontocover the amount.Current as at
[Not applicable]Page 101
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 103](4)Theresidentscommitteemay,bywrittennoticegiventothescheme operator, ask the scheme
operator to give the residentscommittee a copy
of the draft general services charge budgetfor the
financial year at least 14 days before the beginning ofthe
financial year.(5)The notice must be given at least 28
days before the beginningof the financial year.(6)The scheme operator must comply with
the notice.(7)Attheendofafinancialyearforwhichageneralserviceschargebudgetisadopted,anysurplus or deficit in the fundmust
be carried forward and taken into account in adoptingthe
general services charge budget for the next financial year.(8)Subsection (7) applies despite section
106.103Working out and paying general
services charges forresidents(1)The
amount a resident of a retirement village may be chargedforgeneralservicesunderaresidencecontractmustbeworked out in the way stated in the
contract.(2)A scheme operator must not charge a
resident of a retirementvillage for general services an amount
more than the amountworked out under subsection
(1).Maximum penalty—200 penalty units.(3)Theschemeoperatormustnotinclude,orprovidefor,inaresidence
contract in a general services charge an amount orcomponent, however described, that is
payable for or towardsreplacing the retirement village’s
capital items.Maximum penalty—200 penalty units.(4)However,subsection
(3)doesnotapplytoanexistingresidence
contract.(5)Subjecttosection 104,aresidentofaretirementvillageisresponsible for only the resident’s
proportion of the generalserviceschargesfortheperiodtheresidentresidesintheresident’s
accommodation unit.Page 102Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 104](6)Subsection (1) or (2) does not prevent the
resident from beingrequired to pay, as part of a general
services charge under aresidencecontract,anamountdirectlyorindirectlyattributabletoGSTpayableforthesupplyby,orto,thescheme operator for general services.(7)Theschemeoperatormustnotinclude,orprovidefor,inageneralserviceschargeanamountorcomponent,howeverdescribed, that is payable for or
towards—(a)costsawardedbythetribunalagainsttheschemeoperator;
or(b)legal costs incurred by the scheme
operator in relationto a retirement village issue.Maximum penalty—200 penalty units.(8)In this section—GSThas
the meaning given byA New Tax System (Goods andServices Tax) Act 1999(Cwlth).supplyhas the meaning
given byA New Tax System (Goodsand Services
Tax) Act 1999(Cwlth).104Working out and paying general services
charges andmaintenance reserve fund contributions for
formerresidents(1)Thissectionappliesifaresident’srighttoresideunderaresidencecontractinanaccommodationunitisterminatedunder this
Act.(2)Theformerresidentisliableforthepartofthegeneralserviceschargeandmaintenancereservefundcontributionforafinancialyearrelatingtotheperiodfromwhentheformer resident vacates the former
resident’s accommodationunit until the first of the following
happens—(a)the right to reside in the
accommodation unit is sold;(b)a
period of 90 days elapses (the90-day
period);(c)thetribunalorderstheschemeoperatortopaytheformer resident’s exit entitlement under
section 171.Current as at [Not applicable]Page
103
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 104](3)If
the former resident’s right to reside in the accommodationunit
has not been sold within the 90-day period—(a)theformerresidentandtheschemeoperatorareeachliable, after
the 90-day period ends, to pay the relevantpartofthegeneralserviceschargeandmaintenancereservefundcontributionforafinancialyearinthesame proportion
as they are to share the gross ingoingcontributiononthesaleoftherighttoreside,asprovided for in the residence contract;
and(b)the former resident ceases to be
liable to continue to payaproportionofthegeneralserviceschargeandmaintenancereservefundcontributionforafinancialyear when the
first of the following happens—(i)therighttoresideintheaccommodationunitissold;(ii)aperiodof9monthsaftertheformerresidentvacates the accommodation unit ends.(4)If a former resident’s right to reside
in an accommodation unithasnotbeensoldwithinthe90-dayperiod,theschemeoperator
may—(a)accrue, as a book debt, the former
resident’s proportionof the general services charge and
maintenance reservefund contribution for a financial year;
and(b)set off the accrued amount against the
former resident’sexit entitlement.(5)Aschemeoperatormustnotchargeinterestontheaccruedamount.Maximum
penalty—100 penalty units.(6)Subsections
(2)(b)and(3)(a)donotapplytoaformerresident under
an existing residence contract.(7)A
reference in this section to the sale of a former resident’srighttoresideincludesareferencetothesaleofaformerresident’s
freehold property.Page 104Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 105]105General services charges and maintenance
reserve fundcontributions for unsold right to reside
inaccommodation units(1)Aschemeoperatormustpaytheproportionofthegeneralservices charges
and maintenance reserve fund contributionsrelating to the
right to reside in an accommodation unit in thevillage—(a)that has not been occupied under a
residence contract; or(b)if the liability
of the former resident, who had the rightto reside in the
accommodation unit, to pay a proportionof the general
services charges and maintenance reservefund
contributions has ended—(i)under section
104(4); or(ii)under the terms
of the residence contract; or(c)for
which there is no residence contract in force.Maximum
penalty—200 penalty units.(2)Theschemeoperatormustpaytheamountspayableundersubsection(1)intothegeneralserviceschargesfundandmaintenance reserve fund
respectively.(3)In this section—accommodation
unitmeans—(a)a
part of a retirement village in which a resident has anexclusive right to reside; or(b)a part of a retirement village—(i)that is under construction or being
renovated; and(ii)in which a
resident will have an exclusive right toresidewhentheconstructionorrenovationiscompleted.106Increasing the total general services
charge(1)Thissectionlimitstheamount(thetotalgeneralservicescharge),
fixed by the scheme operator of a retirement villageCurrent as at [Not applicable]Page
105
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 106]under section
102A in the general services charge budget forafinancialyear,thatistoberaisedbyimposingageneralserviceschargeoneachresidentinthevillageforthefinancial
year.(2)A scheme operator must not fix a total
general services chargefor a financial year at an amount that
is an increase on theamount of the total general services
charge for the previousfinancial year of more than the CPI
percentage increase.Maximum penalty—200 penalty
units.(3)Subsection (2) does not apply to the
operator to the extent theincrease in the total general services
charge—(a)has been agreed to by the residents by
special resolutionat a residents meeting; or(b)is allowed under section 107.(4)In this section—CPImeans the all groups consumer price index
for Brisbanepublished by the Australian
statistician.CPIpercentageincrease,forafinancialyear,meansthepercentage increase between—(a)the CPI published for the third
quarter of the financialyear before the previous financial
year; and(b)the CPI published for the third
quarter of the previousfinancial year.Example—Under subsection (2), a scheme operator must
not fix a total generalservices charge for the 2018–2019
financial year at an amount that isan increase on
the amount of the total general services charge for the2017–2018 financial year of more than the
CPI percentage increase.TherelevantCPIpercentageincreaseisthepercentageincreasebetweentheCPIpublishedforthethirdquarterofthe2016–2017financial year and the CPI published for the
third quarter of the 2017–2018 financial year.Page
106Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 107]107Allowable increase in total general services
chargeFor section 106(3)(b), an increase in the
total general serviceschargeforafinancialyearisallowedtotheextentitisattributable to—(a)an
increase in rates, taxesorchargesleviedunderanAct in relation to the retirement
village land or its use;or(b)an
increase in the salary or wages of a person engagedin
the retirement village’s operation and payable underanaward,certifiedagreementorotherindustrialinstrumentmade,approved,certifiedorcontinuedinforceundertheIndustrialRelationsAct2016oraCommonwealth Act; or(c)anincreaseininsurancepremiums,orinsuranceexcesses paid,
in relation to the retirement village or itsuse; or(d)anexpenseincurredbyamanager,oranamountchargedbyamanager,thatmustbepaidfromthegeneral services charges fund under
section 38A(2)(a).107AConsidering more cost-effective
alternative servicesBefore increasing the amount included
in a general serviceschargethatrelatestotheprovisionofaparticulargeneralservice, the scheme operator must consider
whether there is amore cost-effective alternative to the
general service.108New services to be approved by
majority of residents(1)A scheme
operator may offer residents a service not alreadysupplied under the scheme, for which a
services charge is tobe, or may be, made, only if the
residents agree to it beingsupplied by
special resolution at a residents meeting.(2)Subsection (1) does not apply to—(a)a personal service; orCurrent as at [Not applicable]Page
107
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 109](b)a
service that is the same as a service already suppliedundertheschemeandintroducedasacost-effectivealternative
after consideration under section 107A; or(c)another service, if the residence contract
of each of theresidentsstatesthattheservicewasproposedtobesupplied.(3)The
scheme operator must get at least 2 quotes for supplyingtheservicefromqualifiedtradespersonsappropriatefortheservice.(4)However,therequirementtogetatleast2quotesdoesnotapply if, for exceptional reasons, it
is not practicable to getmore than 1 quote.(5)The
scheme operator must give copies of the quotes or, if thequotes are voluminous, summaries of the
quotes and adviceabout where the complete quotes may be
inspected, promptlyto the residents.(6)Any
cost associated with getting a quote must be paid by thescheme operator.(7)Ifanycapitalimprovementsarerequiredfortheschemeoperatortosupplytheservice,theschemeoperatormaysupplytheserviceonlyifthecapitalimprovementsarerequestedbytheretirementvillageresidentsundersection 90B.(8)The
operator may not charge the residents for the new servicebefore the service is supplied to the
residents.Division 8Insurance109Definitions for div 8In
this division—buildingincludes
improvements and fixtures forming part ofthebuilding,butdoesnotincludefixturesinstalledbyaresidentremovablebytheresidentattheterminationofaresidence contract.Page
108Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 110]damage,
for coverage under insurance required to be effectedunder this division, means—(a)damagefromearthquake,explosion,fire,lightning,storm, tempest
or water; or(b)glass breakage; or(c)damage from impact, malicious act, or
riot.110Scheme operator must insure
village(1)Aschemeoperatormustinsureandkeepinsured,tofullreplacementvalue,theretirementvillage,includingtheaccommodation units, other than
accommodation units ownedby residents, and the communal
facilities.Maximum penalty—540 penalty units.(2)Theschemeoperatormustensurethatinsurancetakenoutunder this section—(a)covers, to the greatest practicable
extent—(i)damage; and(ii)costs incidental to the reinstatement or
replacementof insured buildings, including the cost of
takingawaydebrisandthefeesofarchitectsandotherprofessional
advisers; and(iii)public
liability; and(b)providesforthereinstatementofpropertytoitscondition when new.Maximum penalty—540 penalty units.(3)The insurance may be taken out subject
to an excess.(4)However, for insurance other than
public liability insurance,theexcessmustnotbemorethanthemaximumexcessprescribed under a regulation, unless the
residents, by specialresolution at a residents meeting,
agree otherwise.Current as at [Not applicable]Page
109
Retirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 111](5)For
subsection (4), the residents may not agree to the excessbeingmorethan1%oftheinsuredvalueoftheretirementvillage.Notauthorised—indicativeonlyDivision 9Financial
accounts and statements111Scheme operator
must keep separate accounts forgeneral services
charges fund, capital replacement fundand maintenance
reserve fundA scheme operator must ensure separate
accounts are kept forthe retirement village’s general
services charges fund, capitalreplacement fund
and maintenance reserve fund.Maximum
penalty—540 penalty units.112Quarterly
financial statements(1)Aresidentmayasktheschemeoperatorforaquarterlyfinancial
statement for—(a)1ormorecompletedquartersofthecurrentfinancialyear; or(b)1ormorequartersofthelast2completedfinancialyears.(2)Within28daysafterreceivingtherequest,theschemeoperatormustgivetheresidentaquarterlyfinancialstatement for each quarter that—(a)lists,forthequarter,theincomeof,andexpenditurefrom—(i)the capital replacement fund;
and(ii)the maintenance
reserve fund; and(iii)the general
services charges fund; and(b)has been audited
or is in a form that is capable of beingaudited;
and(c)is in the approved form.Page
110Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 112A]Note—See
section 227AA(2).Maximum penalty—100 penalty units.(3)Thissectiondoesnotpreventtheschemeoperatorgivingaresidentaquarterlyfinancialstatementforaquarterotherthan
a quarter mentioned in subsection (1).112AExplanation of increase in general service
charge(1)This section applies if there is an
increase in the expenditureinvolvedinprovidingageneralservicethatvariesfromtheexpectedexpenditureforthegeneralserviceinthegeneralservices charge budget.(2)The
residents committee may ask the scheme operator for anexplanation for the increase.(3)As soon as practicable after receiving
the request, the schemeoperatormustgivethecommitteeadocumentthatexplainsthe
increase.Maximum penalty—100 penalty units.113Annual financial statements(1)A scheme operator must ensure a
financial statement showingthefollowingparticularsabouttheretirementvillage’soperation is given, on request, to a
resident within 5 monthsafter the end of each financial
year—(a)income and expenditure of the capital
replacement fundfor the financial year;(b)income and expenditure of the maintenance
reserve fundfor the financial year;(c)income and expenditure of the general
services chargesfund for the financial year;(d)amountsreceivedforinsuranceclaimsrelatingtotheretirement village during the
financial year;Current as at [Not applicable]Page
111
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 113A](e)assets and liabilities relating to the
retirement village asat the end of the financial
year;(f)interests,mortgagesandotherchargesaffectingtheretirementvillage’spropertyasattheendofthefinancial
year.Maximum penalty—200 penalty units.(2)The financial statement must be in the
approved form.Note—See section
227AA(2).(3)The scheme operator must ensure the
statement is audited andan audit report issued under
Australian Auditing Standards byany of the
following—(a)a member of CPA Australia who holds a
current publicpractice certificate issued by CPA
Australia;(b)a member of The Institute of Chartered
Accountants inAustralia who holds a current public
practice certificateissued by the Institute;(c)amemberoftheInstituteofPublicAccountantswhoholds a current public practice certificate
issued by theInstitute;(d)a
registered company auditor.Maximum
penalty—200 penalty units.(4)The scheme
operator must give a copy of the statement to thechief executive within 5 months after the
end of each financialyear.Maximum
penalty—200 penalty units.113AClassification of
expenditure(1)A regulation may prescribe model rules
(model classificationrules)
about the classification of items of expenditure.(2)Without limiting subsection (1), the
model classification rulesmay—Page 112Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 113B](a)classifyhowaparticularitemofexpendituremustbedealt with; and(b)provide that scheme operators must classify
how otheritems of expenditure must be dealt
with.(3)A scheme operator must comply with the
model classificationrules in dealing with items of
expenditure.(4)If the model classification rules
provide that scheme operatorsmust classify
how other items of expenditure must be dealtwith,eachschemeoperatormustgivetheresidentsoftheretirementvillagewrittennoticeoftheschemeoperator’sclassification
of the items of expenditure by—(a)giving the notice to the residents
committee; or(b)if there is no residents
committee—putting the notice ina place in the
retirement village where it is likely to beseen by most of
the residents of the village.(5)For
this section, an item of expenditure is dealt with if it is—(a)debited to the capital replacement
fund; or(b)debited to the maintenance reserve
fund; or(c)levied as a general service
charge.Division 10Redevelopment of
retirementvillages113BDefinition for divisionIn this
division—residents meeting noticesee section
113D(b).113CApplication of division(1)Thisdivisionappliesifaschemeoperatorproposestoredeveloparetirementvillage(arunningredevelopment)without—Current as at
[Not applicable]Page 113
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 113D](a)windingdowntheretirementvillageschemefortheretirement village; or(b)stopping the retirement village scheme
from operating,including temporarily.(2)However,thisdivisiondoesnotapplytoarunningredevelopment if
every resident of the retirement village wasgiven written
notice of the running redevelopment, before heor she became a
resident, in a document mentioned in section84(1).(3)In this section—redevelopment, of a
retirement village, includes—(a)theconstructionordemolitionofanaccommodationunit; and(b)theconstructionordemolition,ortheexpansionorreductioninsizeorarea,ofabuildingorstructurelocated in the
retirement village, other than works of aminor nature;
andExample of works of a minor nature—the
construction or demolition of a shed or similar structure(c)theexpansionorreductioninsizeorareaoftheretirement village; and(d)achangeoftheuse,otherthanaminorchange,ofabuilding or
structure located in the retirement village;andExample of a minor change of use—a
change of use of a shed or similar structure(e)another matter prescribed by
regulation.113DRequirement to prepare redevelopment
planThe scheme operator must give each resident
of the retirementvillage—(a)a
proposed redevelopment plan relating to the runningredevelopment; andPage 114Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 113E](b)anotice(aresidents meeting notice),intheapprovedform, that states—(i)if
the proposed redevelopment plan is not approvedundersection113F(1)(a),withinastatedreasonableperiodthatisnotlessthan21daysafter the giving
of the residents meeting notice, thescheme operator
may apply to the chief executiveforapprovaloftheproposedredevelopmentplanunder section 113F(1)(b); and(ii)ifthechiefexecutiveapprovestheproposedredevelopmentplanundersection113F(1)(b),aresident may apply to the tribunal for a
review ofthe decision under section 113J.Maximum penalty—100 penalty units.113EMeaning of redevelopment plan(1)Aredevelopment
plan,foraretirementvillage,isawrittenplanabouttherunningredevelopmentoftheretirementvillage.(2)A redevelopment plan for a retirement
village must be in theapproved form and state the matters
prescribed by regulation.113FApproval of
redevelopment plan(1)A proposed redevelopment plan may be
approved either—(a)bytheresidents,byaspecialresolutionataresidentsmeeting;
or(b)onapplicationundersubsection(3),bythechiefexecutive.(2)Iftheproposedredevelopmentplanisapprovedundersubsection(1)(a),theschemeoperatormustgivethechiefexecutive a copy
of the approved redevelopment plan within14 days of the
vote.(3)Theschemeoperatormayapplytothechiefexecutiveforapproval of a proposed redevelopment
plan if—Current as at [Not applicable]Page
115
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 113F](a)theresidents,byspecialresolutionataresidentsmeeting,voteagainsttheapprovaloftheproposedredevelopment
plan; or(b)the proposed redevelopment plan is not
approved undersubsection(1)(a)withintheperiodstatedintheresidents
meeting notice.(3A)Before deciding
the application, the chief executive must—(a)giveeachresidentoftheretirementvillageawrittennotice stating
that—(i)theschemeoperatorhasappliedforapprovalofthe
proposed redevelopment plan; and(ii)theresidentmaymakesubmissionstothechiefexecutiveabouttheproposed redevelopment planin a
stated way and by a stated day; and(b)if a
resident of the retirement village requests a copy oftheproposedredevelopmentplan—giveacopyoftheproposed redevelopment plan to the
resident; and(c)haveregardtoanysubmissionsmadetothechiefexecutive by the residents in the stated way
and by thestated day.(4)Afterreceivinganapplicationforapprovalofaproposedredevelopment
plan, the chief executive must decide—(a)to
approve the plan; or(b)to give the
scheme operator a written direction to takeaction, or
particular action, to revise the plan.(4A)The
chief executive’s decision must be made within 90 days ofthe
later of—(a)the day the application is received;
or(b)ifthechiefexecutivereasonablyrequiresfurtherinformation for
the purpose of making the decision andasks the scheme
operator for the further information—the day the
information is given.Page 116Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 113F](5)The
chief executive may approve the proposed redevelopmentplan
only if the chief executive is satisfied the plan providesforaclear,orderlyandfairprocessfortherunningredevelopment.(6)Ifthechiefexecutiveapprovestheproposedredevelopmentplan, the chief
executive must give—(a)writtennoticeofthedecisiontotheschemeoperator;and(b)aQCATinformationnoticeforthedecisiontoeachresident.(7)Beforegivingadirectionundersubsection(4)(b),thechiefexecutive
must—(a)give the operator a written notice
stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction, to
revise the proposed redevelopment plan(theproposed action); and(ii)the particulars
of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(8)If the chief executive gives a
direction under subsection (4)(b),thechiefexecutivemustalsogivetheoperator,andeachresident, a QCAT
information notice for the decision.(9)If
the chief executive fails to decide the application in the
timerequired under subsection (4A), the chief
executive is taken tohave approved the proposed
redevelopment plan.Current as at [Not applicable]Page
117
Retirement Villages Act 1999Part 5
Operation of schemes for, and management of, retirement
villages[s 113G]Notauthorised—indicativeonly113GRevision of
approved redevelopment plan(1)The
chief executive may, on the chief executive’s own initiativeor
on the application of the scheme operator, give the schemeoperatorawrittendirectiontotakeaction,orparticularaction, to
revise an approved redevelopment plan.(2)Thechiefexecutivemayapprovetherevisedredevelopmentplanonlyifthechiefexecutiveissatisfiedtherevisedredevelopmentplanprovidesforaclear,orderlyandfairprocess for the
running redevelopment.(3)If the chief
executive approves the revised redevelopment plan,the
chief executive must give—(a)writtennoticeofthedecisiontotheschemeoperator;and(b)aQCATinformationnoticeforthedecisiontoeachresident.(4)Beforegivingadirectionundersubsection(1)toaschemeoperatoronthechiefexecutive’sowninitiative,thechiefexecutive
must—(a)give the operator a written notice
stating—(i)thatthechiefexecutiveproposestogivetheoperatoradirectiontotakeaction,orparticularaction, to
revise the approved redevelopment plan(theproposed action); and(ii)the particulars
of the action to be taken; and(iii)the
reasons for the proposed action; and(iv)that
the operator may make written submissions tothechiefexecutiveabouttheproposedactionbefore a stated day; and(b)have
regard to any written submissions made to the chiefexecutive by the operator before the stated
day.(5)If the chief executive gives a
direction under subsection (1) toa scheme
operator on the chief executive’s own initiative, thechief executive must also give the operator,
and each resident,a QCAT information notice for the
decision.Page 118Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
5 Operation of schemes for, and management of, retirement
villages[s 113H]113HRequirement to implement approved
redevelopment plan(1)Aschemeoperatormust,whencarryingoutarunningredevelopmentofaretirementvillage,complywithanapproved redevelopment plan for the
running redevelopment.Maximum penalty—100 penalty
units.(2)Theschemeoperatormust,attherequestofthechiefexecutive,notifythechiefexecutiveabouthowanapprovedredevelopmentplanisbeingimplementedbytheschemeoperator.Maximum penalty—100 penalty units.113IDiscontinuing running redevelopment of
retirementvillage(1)This
section applies if—(a)aschemeoperatorhascompliedwithsection113Dinrelation to a running redevelopment;
and(b)theschemeoperatordecidesnottoproceedwiththerunning redevelopment.(2)The
operator must give the chief executive, and each residentof
the retirement village, notice (anotice of
discontinuation)of the decision in the approved
form.Maximum penalty—100 penalty units.(3)If the operator gives a notice of
discontinuation to the chiefexecutive, or 1
or more residents of the retirement village, anyapproved redevelopment plan, for the running
redevelopmentof the retirement village, is no longer
approved.113JApplication to tribunal for
reviewApersonwhohasbeengivenaQCATinformationnoticeunder this division may apply, as provided
under the QCATAct, to the tribunal for a review of the
decision.Current as at [Not applicable]Page
119
Retirement Villages Act 1999Part 6
Statutory charges over retirement village land[s 114]Part
6Statutory charges overretirement
village landNotauthorised—indicativeonlyDivision 1Preliminary114Application of pt 6This part does
not apply if a resident holds a freehold interestoraleaseholdinterestinanaccommodationunitinaretirement
village.Division 2Creating a
statutory charge, itseffect and priority115Definition for div 2In
this division—registered,forasecurity,meansregisteredundertheLandTitle Act
1994.116Creating a
charge(1)Immediately the chief executive
registers a retirement villagescheme,astatutorychargeiscreatedovertheretirementvillage
land.(2)As soon as practicable after the
scheme is registered, the chiefexecutivemustgivewrittennoticeofitsregistrationtotheregistrar of titles.(3)The notice must—(a)identify the retirement village land;
and(b)state the day on which the scheme was
registered.(4)The registrar of titles must record
the charge in the freeholdland register under theLand
Title Act 1994.Page 120Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
6 Statutory charges over retirement village land[s
117](5)However, subsection (1) does not apply
if, before registering aretirementvillagescheme,thechiefexecutivedecidesitshould not apply—(a)because the scheme operator is—(i)anorganisationestablishedforareligious,charitable or
community purpose; and(ii)ofgoodstandinginoperatingretirementvillageschemes; or(b)becauseofotherexceptionalcircumstancesandthechiefexecutiveissatisfiedtheproposedschemeoperatorprovidesanothersecurity
tosecuretherightsunder a
residence contract of a resident in the retirementvillage.117Charge extends to new land(1)Thissectionappliesifland(newland)becomesretirementvillage land of
a retirement village after a charge (theoriginalcharge) on the
original retirement village land (theoriginalland) for the
retirement village is created under section 116.(2)Immediatelythenewlandbecomesretirementvillageland,the charge over
the original land is released and a charge iscreated over the
original land and the new land.(3)Theschemeoperatormustgivethechiefexecutivewrittennoticethatnewlandhasbecomeretirementvillagelandwithin 1 month
of the new land becoming retirement villageland.Maximum penalty—540 penalty units.(4)Assoonaspracticableafterreceivingthenotice,thechiefexecutivemustgivewrittennoticeofthechangetotheretirement
village land to the registrar of titles.(5)The
notice must—(a)identify the retirement village land;
andCurrent as at [Not applicable]Page
121
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 6
Statutory charges over retirement village land[s 118](b)state the day on which the new land
became retirementvillage land.(6)The
registrar of titles must record the release of the originalcharge and the creation of the charge under
subsection (2) inthe freehold land register under theLand
Title Act 1994.118Effect of
chargeAstatutorychargeunderthispartsecurestherightofeachresident of the
retirement village to which it relates—(a)to
occupy the resident’s accommodation unit; and(b)to
use the village’s communal and recreational facilities;and(c)to be paid the
exit entitlement the resident is entitled tounder the
resident’s residence contract on termination ofthe
contract.119Priority of charge(1)A
statutory charge notified to the registrar of titles under
thisdivision has priority over all registered
securities in or over theretirement village land to which the
notice relates, whether ornot the security was registered before
the statutory charge wasnotified to the registrar of
titles.(2)However, a statutory charge does not
have priority over thefollowing registered
securities—(a)a charge created, and given priority
over other charges,under a Commonwealth law or another law of
the State;(b)securitiesregisteredinorovertheretirementvillageland
before 1 November 1989.Page 122Current as at
[Not applicable]
Notauthorised—indicativeonlyDivision 3Retirement
Villages Act 1999Part 6 Statutory charges over retirement
village land[s 120]Enforcing a
statutory charge120Enforcing a charge(1)This
section applies if—(a)retirement village land is subject to
a statutory chargeunder section 116 or 117; and(b)a court orders an amount be paid by a
scheme operatorto a retirement village resident in relation
to a right oftheresidentmentionedinsection 118(a)to(c)(theoriginal
order); and(c)the
amount is not paid by 6 months after the end of thedaybywhichitwasrequiredtobepaidundertheoriginal order.(2)The
person in whose favour the original order was made mayapplytotheDistrictCourtforanorderthattheretirementvillage land be
sold.(3)However,apersonmaymakeanapplicationundersubsection (2) only if—(a)the
person has given the chief executive written noticeof
the person’s intention to make the application; and(b)for an amount payable under the
original order by wayof an exit entitlement, the amount is
at least $10,000 oranother higher amount prescribed under a
regulation.(4)Each resident of the retirement
village, and anyone else whoappearstothecourttohaveasufficientinterestintheapplication, is
entitled—(a)to be joined as a party to the
proceeding; and(b)to be heard on the application.(5)Unless the court orders otherwise, the
applicant must give theresidents notice of their right to be
heard on the application.Current as at [Not applicable]Page
123
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 6
Statutory charges over retirement village land[s 121]121Orders court may make(1)On hearing an application under
section 120(2), the court mayorder that the
retirement village land be sold only if the courtis
satisfied—(a)the original order is unsatisfied and
is not likely to besatisfied in any other way open to the
applicant; and(b)it is not contrary to the interests of
any resident of theretirement village that the land be
sold.(2)Withoutlimitingtheordersitmaymake,thecourtmayappoint a person to act as the vendor’s
agent for the sale.122Effect of court order(1)Anorderforthesaleofretirementvillagelandundersection 121—(a)authorisesthesaleofthelandfreeofallexistingsecurities, other than the securities the
court preserves inits order; and(b)has
effect despite—(i)an existing caveat or lien affecting
the land; or(ii)any Act, other
than this Act.(2)A person appointed as the vendor’s
agent under section 121(2)has the power to convey the land to a
purchaser and to do allthings necessary to effect the
conveyance.(3)On settlement, the vendor is to apply
the sale proceeds in thefollowing order—(a)paying the sale costs and the applicant’s
costs in seekingthe order for sale;(b)payingamountspayableundersecuritiesrankinginpriority to the statutory
charge;(c)satisfying the original order;(d)paying exit entitlements payable to
residents if, becauseof the court order, the retirement
village scheme stopsPage 124Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
6 Statutory charges over retirement village land[s
123]operatingortheresidencecontractsundertheschemeterminate;(e)payingamountspayableundersecuritiesrankinginpriority after the statutory
charge;(f)payingthebalancetothepersonwhoownedtheretirement village land immediately before
the sale, orto someone else at the person’s
direction.(4)Forensuringcompliancewithsubsection (3)(d),thevendormusttakereasonablestepstolocateanyformerresidenttowhom an exit entitlement is
payable.Division 4Extinguishing
and releasing astatutory charge123Extinguishing a charge(1)A
statutory charge created over retirement village land underthis
part is extinguished on—(a)its release by
the chief executive under section 125; or(b)thesaleofthelandunderacourtorderundersection
121.(2)However, subsection (1)(b) does not
apply if—(a)the land continues, or is to continue,
to be used under aregistered retirement village scheme;
and(b)under the scheme’s residence
contracts, a person doesnot obtain a freehold interest or a
leasehold interest inthe retirement village land.124Scheme operator may ask for release of
charge if landstops being retirement village land(1)A scheme operator may ask the chief
executive to release thestatutory charge created over the
retirement village land if—(a)the
land stops being retirement village land; orCurrent as at
[Not applicable]Page 125
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 6
Statutory charges over retirement village land[s 125](b)the scheme operator proposes to stop
using the land forthe retirement village.(2)A
request under subsection (1) must be in writing.(3)The scheme operator must also—(a)give each resident of the retirement
village a notice inwriting stating the following—(i)the scheme operator has asked the
chief executiveto release the statutory charge over the
retirementvillage land;(ii)how
it will affect the resident if it is released;(iii)that, within 60 days after the resident
receives thenotice, the resident may, by written notice
given tothe chief executive, object to the release;
and(b)give the chief executive—(i)astatutorydeclarationmadebytheschemeoperator stating the following—(A)the fact of the scheme operator’s
compliancewith paragraph (a);(B)whethertheschemeoperatorknowsorreasonably suspects a person has started,
oris likely to start, proceedings to enforce
thecharge under section 120; and(ii)acopyofthenoticegiventoresidentsunderparagraph (a).(4)In
this section—residentincludes a
former resident who has not received anexit entitlement
to which the former resident is entitled underthe former
resident’s residence contract.125Chief
executive to release charge(1)The
chief executive must release the statutory charge over aretirement village’s land if the chief
executive is satisfied—Page 126Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
7 Residents participation[s 126](a)the
scheme operator has complied with section 124; and(b)having regard to the objections made
under the section,it is appropriate to release the charge over
the land.(2)Ifthechiefexecutivereleasesastatutorychargeundersubsection (1),
the chief executive must give the registrar oftitles written
notice of the release of the charge.(3)On
receipt of the notice, the registrar of titles must register
therelease of the charge over the land.Division 5Exemption from
charges126Exemption from chargesA
notice by the chief executive under section 116(2), 117(4)or
125(2) and any other instrument given to the registrar oftitles to give effect to the recording of a
charge or the releaseofachargementionedinthosesectionsbytheregistraroftitles, is exempt from the payment of
registration or other feesunder theLand Title Act
1994.Part 7Residents
participationDivision 1Residents
committee127Residents committee(1)Theresidentsofaretirementvillagemayestablish,byelection conducted among themselves, a
residents committee.(2)A member of the
residents committee—(a)holdsofficefornotmorethan1year,butmaybere-elected;
and(b)may be removed, at any time, by
special resolution at ameeting of the village
residents.Current as at [Not applicable]Page
127
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 7
Residents participation[s 128](3)The
residents committee may, subject to section 128—(a)decide its own procedures; and(b)formsubcommitteesanddecideasubcommittee’sprocedures.(4)Ifinvitedbytheresidentscommittee,theschemeoperatormayattendaresidentscommitteemeetingandaddressthemembers at the meeting.(5)If
the scheme operator attends a residents committee meeting,the
scheme operator must leave the meeting after the schemeoperatorhasaddressedthemembers,orbeengivenareasonableopportunitytoaddressthemembers,unlesstheresidents committee invites the scheme
operator to remain.128Residents constitution(1)The residents of a retirement village
may, by a majority voteof the residents at a residents
meeting, adopt a constitution.(2)The
constitution—(a)may not be inconsistent with this Act;
and(b)must provide for a matter prescribed
under a regulation.(3)The committee must conform with the
constitution.129Committee’s functionThefunctionoftheresidentscommitteeistodealwiththescheme operator on behalf of residents about
the day-to-dayrunning of the village and any complaints or
proposals raisedby the residents.129AMinutes of meetings(1)Theresidentscommitteemustensurefullandaccurateminutes are
taken of each meeting of the residents committee.(2)Forsubsection
(1),theminutesmustincludeatleastthefollowing particulars—Page 128Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
7 Residents participation[s 129B](a)the
date, time and place of the meeting;(b)the
names of persons present and details of the capacityin
which they attended the meeting;(c)issuesdiscussedandhoweachissuewasdecidedordealt with;(d)detailsofcorrespondence,reports,noticesorotherdocuments
tabled.(3)Theminutesmustbepresentedatthenextresidentscommitteemeetingforconfirmation,andifconfirmed,amember of the residents committee must sign
the minutes asaccurate.(4)At
the request of a resident, the residents committee must givethe
resident access to, or a copy of, the minutes of a residentscommittee meeting.(5)The
minutes of a residents committee meeting are to be keptby
the residents committee for the retirement village and, ifthere is no residents committee for the
retirement village, thescheme operator.129BResidents committee may require scheme
operator toattend meeting about budgets(1)The residents committee may, by
written notice given to thescheme operator,
ask the scheme operator to attend a meetingof the residents
committee that is to be held before the start ofafinancialyeartodiscussthefollowingforthefinancialyear—(a)the draft budget for the capital
replacement fund;(b)the draft budget for the maintenance
reserve fund;(c)the draft budget for the general
services charges fund.(2)The notice must
be given at least 28 days before the beginningof the financial
year.(3)The scheme operator must comply with
the notice.Current as at [Not applicable]Page
129
Retirement Villages Act 1999Part 7
Residents participation[s 130]Division 2By-lawsNotauthorised—indicativeonly130Residents may
make, change or revoke by-laws(1)Theresidentsofaretirementvillagemay,byspecialresolution at a
residents meeting and with the agreement ofthe scheme
operator, make, change or revoke by-laws for thevillage.(2)The
scheme operator’s agreement must not be unreasonablywithheld.(3)Aby-lawmaybemadeaboutthenon-exclusiveuseandenjoyment of the village.(4)If there is an inconsistency between a
by-law and a provisionof a residence contract for the
village, the provision prevails tothe extent of
the inconsistency.(5)Subsection (3)doesnotlimittheresidents’powerunderanother law to
make, change or revoke by-laws.Division 3Residents meetings131Annual meeting(1)In
each year, a scheme operator must call an annual meetingof
the residents of the retirement village as soon as
reasonablypracticable after the annual financial
statements mentioned insection 113 are available.Maximum penalty—100 penalty units.(2)However, the scheme operator must give
each resident at least21 days written notice of the
meeting.(3)The annual meeting may not be held
simultaneously with ameeting that must be held under
another Act.Example—The meeting may
not be held simultaneously with a meeting that isrequired under theBody Corporate
and Community Management Act1997.Page 130Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
7 Residents participation[s 132](4)Theschemeoperatormustpresentthestatementstothemeeting.Maximum penalty
for subsection (4)—100 penalty units.132Other
meetings(1)A scheme operator or a residents
committee of a retirementvillage may, by 14 days written notice
given to each residentof the village, call a meeting of all
the residents.(2)However, in urgent circumstances, the
scheme operator or theresidentscommitteemaycallameetingoftheresidentsbygiving each resident the written notice of
the meeting that isreasonable in the circumstances but not less
than 2 days.(3)Theschemeoperatormayattendaresidentsmeetingandaddress the residents at the
meeting—(a)iftheresidentsmeetingiscalledbytheschemeoperator;
or(b)iftheresidentsmeetingiscalledbytheresidentscommittee to
vote on a special resolution; or(c)if
invited by the residents committee.(4)If
the scheme operator attends a residents meeting called tovote
on a special resolution, the scheme operator must leavethemeetingaftertheschemeoperatorhasaddressedthemeeting, or been given a reasonable
opportunity to address themeeting, and the special resolution
has been voted on, unlessthe residents committee invites the
scheme operator to remain.(5)Iftheschemeoperatorattendsaresidentsmeetingattheresidentscommittee’sinvitation,theschemeoperatormustleave the
meeting after the scheme operator has addressed themeeting, or been given a reasonable
opportunity to address themeeting,unlesstheresidentscommitteeinvitestheschemeoperator to
remain.(6)In this section—Current as at
[Not applicable]Page 131
Retirement Villages Act 1999Part 7
Residents participation[s 133]urgent
circumstancesmeans circumstances in which it is
notprudenttowaitfortheusual14dayswrittennoticeofameeting to be given.Notauthorised—indicativeonlyDivision 4Voting133Voting(1)The
following persons are entitled to vote at a meeting of theresidents of a retirement village—(a)either—(i)1residentofeachaccommodationunitintheretirement
village; or(ii)if the residents
have, by special resolution, agreedthat each
resident of the retirement village shouldbe entitled to
vote—each resident of the retirementvillage;(b)whileaformerresidentofanaccommodationunitisrequiredundersection 104topaythewholeoraproportionofthegeneralservicescharges—1formerresident of the accommodation unit.(2)The resident’s vote may be cast
by—(a)the resident; or(b)apersonwhotheresidenthasappointedbypowerofattorney; or(c)any
other person, other than the scheme operator, whothe
resident has appointed by signed notice to vote byway
of proxy vote at a particular meeting stated in thenotice.(3)Asignednoticeundersubsection
(2)(c)appointinganotherperson to vote by way of proxy vote must not
relate to morethan 1 meeting.(4)Apersonmaynotholdmorethan2proxyvotesforthemeeting.Page
132Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
8 Rights and obligations of scheme operator, residents and
others[s 134](5)A
resident of a retirement village may cast a vote (postal vote)for
a residents meeting by placing the resident’s written voteinacontainerprovidedbytheschemeoperatorforthepurpose in the
common area of the village at least 24 hoursbefore the time
when the meeting is to be held.(6)The
scheme operator must provide a secure locked containerfor
postal votes in the common area at least 24 hours beforethe
time the meeting is to be held.Maximum
penalty—10 penalty units.(7)The scheme
operator must not open, or allow to be opened,the container
before it is delivered to the chairperson of themeeting.Maximum
penalty—10 penalty units.(8)Theschemeoperatormustdeliverthecontainertothechairpersonofthemeetingimmediatelybeforethechairperson opens the meeting.Maximum penalty—10 penalty units.Part
8Rights and obligations ofscheme operator, residents andothers134Purpose and enforceability of part(1)Thispartstatesrequirementsrelatingtothebehaviourofschemeoperatorsandresidents,orformerresidents,ofretirement villages.(2)A
dispute about the person’s rights and obligations under thispart
is a retirement village dispute.135Scheme operator to respect rights of
residents(1)Aschemeoperatorofaretirementvillagemustrespecttherights of residents of the retirement
village.Current as at [Not applicable]Page
133
Retirement Villages Act 1999Part 8
Rights and obligations of scheme operator, residents and
others[s 135]Notauthorised—indicativeonly(2)Without limiting
subsection (1), the scheme operator—(a)mustnotunreasonablyinterferewith,orallowinterferencewith,thereasonablepeace,comfortorprivacy of a resident; andExample—It may be
reasonable for a scheme operator to interfere with aresident’s access to a communal facility to
make repairs to thefacility.(b)musttakereasonablestepstoensurearesidentoraresident’sguestdoesnotinterferewiththereasonablepeace, comfort
or privacy of another resident; and(c)mustusetheschemeoperator’sbestendeavourstoensure each resident lives in an environment
free fromharassment and intimidation; and(d)must not restrict the right of a
resident to autonomy overtheresident’spersonal,financialorotheraffairsorpossessions; and(e)must
not restrict a resident from exercising self-reliancein
matters relating to the resident’s personal, domestic orfinancial affairs; and(f)must,within21daysafterreceivingrelevantcorrespondencefromaresidentorformerresident,orthe representative of a resident or
former resident, givetheresident,formerresidentorrepresentativeacomplete response to the relevant
correspondence.(3)Nothinginthissectionpreventstheschemeoperator,oranother person, from entering the
resident’s accommodationunit—(a)if
the operator reasonably believes the health or safety ofa
person in the accommodation unit is at risk; or(b)in
order to carry out urgent repairs; or(c)otherwise in an emergency; or(d)if the entry is authorised under a
law.(4)In this section—Page 134Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
8 Rights and obligations of scheme operator, residents and
others[s 136]completeresponse,torelevantcorrespondence,meansawrittenresponseaddressingeachcomplaint,proposalandquestion in the relevant
correspondence.relevant correspondencemeans a written
complaint, proposalor question about the operation of the
retirement village.representative,ofaresidentorformerresident,meansanentity—(a)established to represent the interests
of—(i)the resident or former resident;
or(ii)residents or
former residents generally; and(b)that
is authorised by the resident or former resident togive
relevant correspondence to the scheme operator.136Residents to respect rights of others(1)A resident of a retirement village
must respect the rights ofother residents of the retirement
village and other persons inthe retirement
village.(2)Withoutlimitingsubsection(1),aresidentofaretirementvillage—(a)must not unreasonably interfere, or
unreasonably causeorpermitinterference,withthepeace,comfortorprivacy of another resident;
and(b)must respect the rights of the scheme
operator and theschemeoperator’srepresentativestoworkinanenvironment free from harassment and
intimidation; and(c)mustnotactinawaythatadverselyaffectstheoccupational health and safety of a person
who is—(i)working in the retirement village;
and(ii)employed, or
otherwise authorised to work in theretirement
village, by the scheme operator.(3)In
this section—representative, of a scheme
operator, means—Current as at [Not applicable]Page
135
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 9
Dispute resolution[s 153](a)iftheschemeoperatorisacorporation—anexecutiveofficer, employee or agent of the
corporation; or(b)if the scheme operator is an
individual—an employee oragent of the individual.Part
9Dispute resolutionDivision 1Preliminary153Parties’ rights under this part
preservedTo remove any doubt, it is declared that if
a provision of aresidence contract requires or permits a
dispute under or aboutthe contract to be referred to
arbitration or be heard by anycourt or
tribunal, the provision does not limit a party’s rightsunder this part.154Preliminary negotiation(1)Thepartiestoaretirementvillagedisputemayreferthedisputetoamediationprocessunderthispartonlyifthepartieshaveattemptedtoresolvethedisputeunderthissection.(2)Apartytothedispute(thefirstparty)mustgivetheotherparty to the
dispute (thesecond party) written
notice—(a)stating the matters in dispute;
and(b)nominating a day, no earlier than 14
days after the noticeisgiven,(thenominatedday)forthepartiestomeetwithin the
village to attempt to resolve the dispute.(3)The
second party must give the first party a written responseto
the notice within 7 days after receiving the notice.(4)On the nominated day, or another day
within 7 days after thenominateddayandagreedbytheparties,thepartiesmustPage
136Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
9 Dispute resolution[s 155]meetintheretirementvillageandattempttoresolvethedispute.Division 2Mediators155Mediator’s functionA mediator’s
function under this Act is to seek to resolve, bymediation,retirementvillagedisputeswithinamediator’sjurisdiction.156Matters that may be mediated(1)Amediatormaymediateretirementvillagedisputes,otherthan
a retirement village dispute about an issue between theparties that—(a)is
the subject of arbitration; or(b)has
been the subject of an award (interim or final) in anarbitration proceeding; or(c)is before, or has been decided by, a
court.(2)For subsection (1)(a), a retirement
village dispute is only thesubject of
arbitration if the arbitration proceeding has started.Division 3Mediation of
retirement villagedisputes157Notice of retirement village dispute(1)A party to a retirement village
dispute that a mediator maymediate may
apply to the registrar to have the dispute referredto
mediation.(2)The application (thedispute notice) must
be—(a)in the approved form; andCurrent as at [Not applicable]Page
137
Notauthorised—indicativeonlyRetirement Villages Act 1999Part 9
Dispute resolution[s 158](b)accompanied by the fee prescribed under a
regulation;and(c)given to the
registrar.(3)However,iftheresident’sresidencecontracthasbeenterminated, the
dispute notice must be given within 4 monthsafter the
payment of the former resident’s exit entitlement.158Registrar to act on dispute
notice(1)Within 14 days after receiving the
dispute notice, the registrarmust—(a)appointamediatortomediatetheretirementvillagedispute; and(b)give
written notice to the parties to the dispute of—(i)the mediator who is to mediate the
dispute; and(ii)thetime,dateandplaceoftheconference(mediationconference)tobeconductedbythemediator.(2)Thenoticeundersubsection
(1)(b)mustbegivenatleast7days
before the mediation conference.159Right
of representationAt a mediation conference, a party to the
retirement villagedispute may be represented by a lawyer or an
agent unless themediator is satisfied the party should not
be represented.160Conference to be held in
privateA mediation conference is not open to the
public.161Parties’ attendance at conference not
compellableA party to a retirement village dispute can
not be compelled toattend a mediation conference.Page
138Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
9 Dispute resolution[s 162]162Parties to mediation conference(1)A mediator may allow a person to take
part in a mediationconferenceifthemediatorissatisfiedthepersonhasasufficient interest in the resolution
of the dispute.(2)However, the person does not become a
party to the dispute.163Mediation
agreements(1)Thissectionappliesifthepartiestoaretirementvillagedispute reach a mediated agreement on the
dispute.(2)Themediatormustrecordtheagreement(themediationagreement) in
writing and have it signed by or for the parties.(3)The mediator must give a copy of the
signed agreement to theregistrar as soon as practicable after
it is signed.164No official record of mediation
conference(1)Apersonmustnotmakearecordofanythingsaidatamediation
conference.Maximum penalty—40 penalty units.(2)However,themediatordoesnotcontravenesubsection
(1)if—(a)themediatormakesnotesduringthemediationconferencethemediatorconsidersappropriateanddestroys them at the end of the mediation;
or(b)records an agreement under section
163(2).165Withdrawal of dispute(1)A person who has given a dispute
notice to the registrar may,bywrittennotice(thewithdrawalnotice)giventotheregistrar, withdraw the dispute
notice.(2)The withdrawal notice may be given
before or after a mediatorhas started mediating the
dispute.Current as at [Not applicable]Page
139
Retirement Villages Act 1999Part
10 Applications to tribunal[s 167](3)The registrar must advise the
mediator, if appointed, and theotherpartiestothedisputeofthewithdrawalassoonaspracticable after receipt of the withdrawal
notice.Notauthorised—indicativeonlyPart 10Applications to
tribunalDivision 2Applications
about retirementvillage disputes167Application for reference of dispute(1)Apartytoaretirementvillagedisputemayapplytothetribunal if—(a)thepartiestothedisputecannotreachamediationagreement to the
dispute; or(b)apartytothedisputedoesnotattendthemediationconference for
the dispute; or(c)thedisputeisnotsettledwithin4monthsafterthedispute notice is given to the
registrar; or(d)thepartyclaimsthatanotherpartytoamediationagreement has not complied with the
agreement withinthe time specified in it or, if no time is
specified, within2 months after the agreement is
signed.(2)Also,apartytoabuildingworkdisputeormandatorybuyback dispute
may apply to the tribunal even if the partiesto the dispute
have not first attempted to resolve the disputeundersection154orreferredthedisputetoamediationprocess under
part 9.(3)In this section—buildingworkdisputemeansaretirementvillagedisputeaboutreinstatementworkorrenovationworkunderpart3,division 5.mandatorybuybackdisputemeansaretirementvillagedispute mentioned in section 63A(7).Page
140Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Retirement
Villages Act 1999Part 10 Applications to tribunal[s
169]Applications about other retirementvillage issues169Resident’s right to apply for an order if
threatened withremoval, deprivation or restriction(1)This section applies if a resident of
a retirement village—(a)isthreatenedwithremoval,orisremoved,fromthevillage by the scheme operator of the
retirement village;or(b)isthreatenedwithdeprivation,orisdeprived,oftheresident’s right to reside in the
village under a residencecontract by the operator; or(c)is threatened with restriction of, or
is restricted in, theresident’suseoftheretirementvillagelandundertheresidence contract by the
operator.(2)The resident may apply to the tribunal
for an order that thescheme operator do, or not do, a
stated thing.170Resident may apply for order if scheme
operatorcontravenes particular provisions(1)This section applies if—(a)aschemeoperatorofaretirementvillagecontravenessection 84 or
86; and(b)aresidentoftheretirementvillageismateriallyprejudiced by
the contravention.(2)The resident may apply to the tribunal
for an order to have theresident’s residence contract set
aside.(3)Subsection (2) applies even if the
resident was a prospectiveresident at the time of the
contravention.Current as at [Not applicable]Page
141
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
10 Applications to tribunal[s 171]171Former resident may apply for order
for payment of exitentitlement(1)This
section applies if—(a)aretirementvillageschemeoperatorfailstocomplywithformersection58(2)orsection59A(4),60(2),65or
67(2); and(b)a former resident of the retirement
village is materiallyprejudiced by the failure.(2)The former resident may apply to the
tribunal for an order thatthe operator pay to the former
resident the former resident’sexit
entitlement.(3)In this section—formersection58(2)meanssection58(2)asinforceimmediately
before the commencement and applied in relationto a current
residence contract under section 237K.171AOperator may apply for extension of time for
payment ofexit entitlement or mandatory buyback(1)Aschemeoperatormayapplytothetribunalforanorderextending the
time by which the operator must—(a)paytheexitentitlementofaformerresidentundersection
63(1)(c); or(b)completethepurchaseofaformerresident’sfreeholdproperty under a contract under section
63A.(2)The tribunal may make an order fixing
a later day by whichthe operator must do the thing
mentioned in subsection (1)(a)or (b) if
satisfied—(a)forapaymentmentionedinsubsection(1)(a)—theoperator is
unlikely to be able to sell the right to residein the former
resident’s accommodation unit before theday payment is
required under section 63(1)(c); and(b)if
the order is not made, the operator is likely to sufferundue financial hardship; andPage
142Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
10 Applications to tribunal[s 173](c)theorderwouldnotbeunfairtotheformerresident,havingregardtoanysubmissionsmadebytheformerresident about hardship he or she is likely
to suffer if theorder is made.Division 4Group applications173Application to tribunal by group of
residentsIf, under this Act, a resident of a
retirement village may applyto the tribunal,
a group of residents of the retirement villagemay apply
jointly to the tribunal about a matter arising fromthe
same or similar facts or circumstances.Division 5Representation174Who
may represent a resident before the tribunalA resident of a
retirement village who is an individual may berepresented
before the tribunal—(a)by another
resident of the retirement village who is not alawyer;
or(b)by a relative who is not a lawyer;
or(c)withtheleaveofthetribunal,byalawyeroranotherperson.Current as at [Not applicable]Page
143
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
11 Tribunal hearings of retirement village issues[s
191]Part 11Tribunal
hearings of retirementvillage issuesDivision 2Tribunal orders191Tribunal orders generally(1)The tribunal may make the orders the
tribunal considers to bejust to resolve a retirement village
issue.(2)Forexample,thetribunalmaymakeany1ormoreofthefollowing
orders—(a)anorderforapartytotheissuetodo,ornottodo,anything (anenforcement
order);(b)an order
requiring a party to the issue to pay an amount(includinganamountofcompensation)toaspecifiedperson (apayment order);(c)an order that a party to the issue is
not required to pay anamount to a specified person;(d)if the issue is a retirement village
dispute—(i)anordersettingasidethemediationagreementbetween the parties to the dispute;
or(ii)an order giving
effect to a settlement agreed on bythe parties to
the dispute.(3)An order may specify a time for
compliance with it.(4)Withoutlimitingsubsection (1),thissectionappliesifapersonappliesforatribunalorderundersection
169,170,171 or
171A.192Tribunal orders under section
169(1)This section applies if a resident
applies for a tribunal orderunder section
169.Page 144Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
11 Tribunal hearings of retirement village issues[s
193](2)Inmakingtheorder,thetribunalmustbesatisfiedthattheactualorthreatenedremoval,deprivationorrestrictionmentioned in the
application—(a)is,orwouldbe,abreachoftheresident’sresidencecontract; or(b)is
not, or would not be, reasonably justified.(3)Without limiting subsection (2), the
tribunal in deciding theapplication may have regard to the
rights and interests of allpersons who may
be affected if the order is made.(4)The
order may be made on the conditions and for the periodthe
tribunal decides is appropriate.193Tribunal orders under section 170(1)This section applies if a resident
applies for a tribunal orderunder section
170.(2)In setting a contract aside, the
tribunal may make the orders itconsiders
appropriate including, for example, the following—(a)an order that the scheme operator
refund to the residentthe ingoing contribution or another
amount paid underthe contract;(b)anorderthattheschemeoperatorcompensatetheresidentfordamagesorlosscausedbythecontravention.194Tribunal orders under section 171(1)This section applies if a resident
applies for a tribunal orderunder section
171.(2)In ordering a scheme operator to pay
the exit entitlement tothe former resident, the tribunal must
base the exit entitlementon the following—(a)if
the resale value of the right to reside in the unit hasbeen
agreed under section 60 or 67—that value;Current as at
[Not applicable]Page 145
Retirement Villages Act 1999Part
12 The tribunal[s 195](b)if
the resale value of the right to reside in the unit has notbeen
agreed—the resale value of the right to reside inthe
unit decided by the tribunal under subsection (3).(3)For subsection (2)(b), the tribunal
must obtain an independentvaluation of the right to reside in
the unit from a valuer.Notauthorised—indicativeonly195Tribunal order under section
171A(1)(a)(1)Thissectionappliesifaschemeoperatorappliesforatribunal order under section
171A(1)(a).(2)Without limiting section 191, the
tribunal may make an orderthattheoperatorpaytheexitentitlementbyinstalmentsonstated days.Part 12The
tribunal209Tribunal’s functionThetribunal’sfunctionistohearretirementvillageissuesthat—(a)are within the tribunal’s
jurisdiction; and(b)it is appointed to hear.210Tribunal’s jurisdiction(1)The tribunal has jurisdiction to hear
retirement village issues,other than a retirement village
dispute—(a)about an issue between the parties
that—(i)is the subject of arbitration;
or(ii)has been the
subject of an award (interim or final)in an
arbitration proceeding; or(iii)is before, or
has been decided by, a court; or(b)if
the amount, value or damages in dispute is more thanthemonetarylimitoftheDistrictCourtwithinthePage 146Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
13 Other provisions for mediation conferences and tribunal
hearings[s 215]meaning of
theDistrict Court of Queensland Act 1967,section 68.(2)Forsubsection (1)(a)(i),aretirementvillagedisputeisonlythesubjectofarbitrationifthearbitrationproceedinghasstarted.Part 13Other provisions for mediationconferences and tribunalhearingsDivision 2General215Exclusion of other
jurisdictions(1)On and after an application about a
retirement village issueunder part 9 or 10 is given to the
registrar, the issue must notbe referred to
arbitration or heard by any court.(2)Subsection (1) does not apply if—(a)the application is withdrawn;
or(b)a proceeding about the issue in
dispute was started in acourtbeforetheapplicationwasgiventotheregistrarand the
proceeding has not been removed to the tribunal;or(c)an application
for an order in the nature of an injunctionabout the issue
is made to a court; or(d)thetribunalorderstheissuetoberemovedtoacourtunder section
210.Current as at [Not applicable]Page
147
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
14 Miscellaneous[s 219]Part 14Miscellaneous219Starting offence proceedingsA
proceeding for an offence against this Act must be startedwithin—(a)1
year after the offence is committed; or(b)6
months after the offence comes to the complainant’sknowledge,butwithin2yearsaftertheoffenceiscommitted.220Appointments and authority(1)It is not necessary to prove in a
proceeding under this Act—(a)the chief
executive’s appointment; or(b)the
registrar’s appointment; or(c)the
authority of the chief executive or the registrar to doanything under this Act.(2)Subsection (1) does not apply if reasonable
notice is given tothepartyrelyingontheappointmentorauthoritythattheappointment or authority is to be
challenged.221Evidentiary provisions(1)This section applies to a proceeding
under this Act.(2)Asignaturepurportingtobethesignatureofthechiefexecutive is evidence of the signature it
purports to be.(3)A certificate purporting to be signed
by the chief executive ortheregistrarandstatinganyofthefollowingmattersisevidence of the matter—(a)aparticularretirementvillageschemehasorhasnotbeen
registered at a time stated in the certificate;Page 148Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
14 Miscellaneous[s 222](b)the
documents relating to a particular retirement villageschemethatareorwere,atatimestatedinthecertificate, included in the register
under this Act;(c)on a stated day, a stated person was
given a stated noticeunder this Act;(d)astatedfeeorotheramountispayablebyastatedperson to
someone else and has not been paid;(e)any
matter within the control or knowledge of the chiefexecutive or the registrar and relevant to
the proceeding.(4)A certificate signed by the chief
executive or the registrar andstating that a
stated document is a copy of a financial or otherrecord, contract or document is evidence of
the matter.(5)A copy of a condition report stating
the condition of a statedaccommodation unit is evidence of the
condition of the unit—(a)if the report is
signed by the resident—when the reportwas signed;
or(b)otherwise—when the report was
made.(6)However, if the report is signed by
the resident and marked toshow the resident’s disagreement with
the report, the report isevidence of the condition of the unit
only as far as its contentsare
unmarked.222Act’s remedies not exclusiveNothing in this Act prevents a party to a
residence contractfrom seeking or enforcing another remedy the
party may haveunder another law.223Protection from liability(1)Anofficialdoesnotincurcivilliabilityforanactdone,oromissionmade,honestlyandwithoutnegligenceunderthisAct.(2)If subsection (1) prevents civil
liability attaching to an official,the liability
attaches instead to the State.Current as at
[Not applicable]Page 149
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
14 Miscellaneous[s 224](3)In
this section—officialmeans—(a)the chief executive; or(b)an employee of the department.224Responsibility for acts or omissions
of representatives(1)Subsections (2) and (3) apply in a
proceeding for an offenceagainst this Act.(2)Ifitisrelevanttoproveaperson’sstateofmindaboutaparticular act or omission, it is
enough to show—(a)theactwasdoneoromittedtobedonebyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority; and(b)the representative had the state of
mind.(3)Anactdoneoromittedtobedoneforapersonbyarepresentativeofthepersonwithinthescopeoftherepresentative’s actual or apparent
authority is taken to havebeen done or omitted to be done also
by the person, unless thepersonprovesthepersoncouldnot,bytheexerciseofreasonable diligence, have prevented the act
or omission.(4)In this section—representativemeans—(a)ofacorporation—anexecutiveofficer,employeeoragent of the corporation; or(b)ofanindividual—anemployeeoragentoftheindividual.state of
mindof a person, includes—(a)theperson’sknowledge,intention,opinion,belieforpurpose; and(b)the
person’s reasons for the intention, opinion, belief orpurpose.Page 150Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
14 Miscellaneous[s 225]225Review of operation of s 63(1)(c)(1)Areviewoftheoperationofsection63(1)(c)mustbeconducted, under this section, to determine
the impact of theprovision on the following persons—(a)residents;(b)former residents;(c)the
families of residents or former residents;(d)scheme operators.(2)The
review must be conducted by a panel of not more than 4appropriately qualified persons appointed by
the Minister.(3)TheMinistermustprepare,andgivetothepanel,termsofreference to guide the conduct of the
review.(4)Thereviewmuststartnolaterthan2yearsafterthecommencement.227Approval of formsThe chief
executive may approve forms for use under this Act.227AA
Requirements about approved forms for residencecontracts and
other documents(1)Without limiting section 227, a form
may be approved for useas a residence contract, contract
under section 63A or otherdocument that—(a)applies to documents of that type generally;
or(b)islimitedinitsapplicationbyreferencetostatedmatters.(2)A requirement in this Act for a
document to be in the approvedform does not
apply if there is no approved form at the timethe document is
adopted, entered into or otherwise used underthis Act.Current as at [Not applicable]Page
151
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 227A]227ADelegation of chief executive’s
powers(1)The chief executive may delegate the
chief executive’s powersunderthisActtoanappropriatelyqualifiedpublicserviceofficer.(2)In
this section—appropriatelyqualifiedmeanshavingqualifications,experience or
standing appropriate to exercise the power.Example of
standing—a person’s classification level in the
public service228Regulation-making power(1)TheGovernorinCouncilmaymakeregulationsunderthisAct.(2)In particular, a regulation
may—(a)provide for the fees payable under
this Act; or(b)create offences and prescribe
penalties of not more than20 penalty units for each
offence.(3)A regulation may impose a requirement
about the provision ofequipment in a retirement village for
public safety.Part 15Transitional and
savingsprovisionsDivision 1Transitional provisions for Act No.71
of 1999229Existing retirement village
schemes(1)An existing retirement village scheme
is taken to be registeredunderthisActif,atthecommencementofthissectionthescheme was approved under the repealed
Act and the approvalis in force.Page 152Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 230](2)The chief executive must promptly give
the scheme operatoroftheexistingretirementvillageschemearegistrationcertificate in
the approved form.(3)Theschemeoperatormust,within6monthsafterthecommencement—(a)give
the chief executive the following—(i)the
public information document for the retirementvillage;(ii)the particulars
mentioned in section 27(2)(a); and(b)giveeachresidentoftheretirementvillageawrittenstatementdetailingthechangestotheresident’sresidence
contract required by this Act.Maximum penalty
for subsection (3)—540 penalty units.230Existing exempt organisations and retirement
villages(1)Anexemptiongiventoanorganisationoranexistingretirement
village under the repealed Act and in force at thecommencement of this section continues under
this Act and isto be read with the changes necessary to
adapt its operation tothe provisions of this Act.(2)If the exemption operated to exclude a
person or retirementvillage from the operation of a
provision of the repealed Act,the exemption
continues to operate to exclude the person orvillage from the
operation of a corresponding provision of thisAct, other than
this provision.(3)The exemption remains subject, after
the commencement, toany condition or time limitation that
applied to the exemptionimmediately before the
commencement.(4)Theexemptionexpires2yearsafterthecommencementofthis
section.(5)Despitesubsections
(1)to(3),aregulationmayprescribeprovisions of
this Act to which the exemption does not apply.Current as at
[Not applicable]Page 153
Retirement Villages Act 1999Part
15 Transitional and savings provisions[s 231]Notauthorised—indicativeonly231Releasing certain
existing charges(1)Thissectionappliesifthelandofanexistingretirementvillage was
subject to a statutory charge under section 33 ofthe
repealed Act immediately before its repeal and either—(a)the existing retirement village is not
a retirement villagefor this Act; or(b)aperson’srighttoresideintheexistingretirementvillage depends
on the person holding a registered leaseover a part of
the retirement village land.(2)The
operator of the existing retirement village may apply tothe
chief executive to release the charge.(3)The
application must be in writing and state the particulars ofa
ground mentioned in subsection (1) on which it is made.(4)The chief executive’s decision whether
or not to release thecharge must be made within 60 days of
the later of—(a)the day the application is received;
or(b)iftheparticularswiththeapplicationdonotconformwiththerequirementsofsubsection (3)andthechiefexecutiverequestsfurtherparticulars,thedaytheparticulars are
given.(5)If the chief executive decides to
release the charge—(a)thechiefexecutivemust,assoonaspracticableaftermaking the decision, give the registrar of
titles writtennotice that the charge is released;
and(b)onreceiptofthenotice,theregistraroftitlesmustregister the release of the charge.(6)If the chief executive refuses to
release the charge, the chiefexecutive must
give the operator a signed notice stating—(a)the
reasons for the refusal; and(b)theoperatormayappealagainstthedecisionundersection 29.(7)Sections29to33,otherthansection
30(1)(b),applytoanappeal under subsection (6)(b) as if
the decision to refuse toPage 154Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 232]release the charge were a decision to refuse
an application toregister a retirement village.232Apportionment of balance where
separate fundsmaintained(1)This
section applies if immediately before the commencementofthissectionaschemeoperatorofanexistingretirementvillagemaintainsseparatefundsfortheretirementvillagefor—(a)capital replacement; and(b)maintenance and repairs.(2)Theschemeoperatormust,within90daysafterthecommencement of this section, transfer
the balance in thosefunds to—(a)forafundmentionedinsubsection (1)(a)—thecapitalreplacement fund; or(b)forafundmentionedinsubsection (1)(b)—themaintenance
reserve fund.Maximum penalty for subsection (2)—200
penalty units.233Apportionment of balance where single
fund maintainedfor maintenance and repairs(1)This section applies if immediately
before the commencementofthissectionaschemeoperatorofanexistingretirementvillagemaintainsasinglefundformaintenanceandrepairsfor the
retirement village.(2)Theschemeoperatormust,within90daysafterthecommencementofthissection,transferthebalanceinthefund to the maintenance reserve
fund.Maximum penalty for subsection (2)—200
penalty units.Current as at [Not applicable]Page
155
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 234]234Apportionment of balance where single
fund maintainedfor capital replacement and maintenance and
repairs(1)This section applies if immediately
before the commencementofthissectionaschemeoperatorofanexistingretirementvillagemaintainsasinglefundforcapitalreplacementandmaintenance and repairs for the retirement
village.(2)Theschemeoperatormust,within90daysafterthecommencementofthissection,transferthebalanceinthefundtothecapitalreplacementfundandthemaintenancereserve fund in
the proportion that the amount decided by thequantitysurveyorundersection 92asexpectedcapitalreplacementcostsistotheamountdecidedbythequantitysurveyor under section 98 as expected
maintenance costs.Example—If there is
$600,000 in an existing fund for capital replacement andmaintenance andrepairs for the
retirementvillageandthequantitysurveyor has
decided the amounts required under sections 92 and 98 as$500,000 and $250,000 respectively, out of
the $600,000 available,$400,000istobetransferredtothecapitalreplacementfundand$200,000 is to be transferred to the
maintenance reserve fund.Maximum penalty for subsection (2)—200
penalty units.235Existing regulations(1)The regulations in force under the
repealed Act immediatelybefore the commencement of this
section—(a)continue in force under this Act,
subject to amendmentor repeal by a regulation under this
Act; and(b)are to be read with the changes
necessary to make themconsistent with this Act and adapt
their operation to theprovisions of this Act.(2)The regulations expire 1 year after
the commencement.236Existing by-laws(1)Aby-lawmadeundertherepealedActandinforceimmediatelybeforethecommencementofthissectionPage
156Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237]continuesinforceunderthisAct,subjecttoamendmentorrepeal by a by-law under this Act.(2)Despitesection
130,ifthereisaninconsistencybetweenaby-law made under section 130(1) and
by-law made before 1November1989(anexistingby-law)andinforceimmediatelybeforethecommencementofthissection,theexisting by-law prevails to the extent
of the inconsistency.237Retirement
Villages Act 1988 referencesIn an Act or
document, a reference to theRetirement
VillagesAct 1988may, if the
context permits, be taken as a referenceto this
Act.Division 2Transitional
provisions forRetirement Villages Amendment Act2006237AExit fees(1)Thissectionappliesif,beforethecommencementofthissection—(a)aresidenthadceasedresidinginanaccommodationunit; and(b)the resident had not paid the exit fee
under the residencecontract to the scheme operator.(2)For calculating the exit fee the
resident may be liable to payto, or credit
the account of, the scheme operator, section 15and any relevant
definitions, as in force immediately beforethe
commencement, continue to have effect.237BNotice about inaccuracy in public
information document(1)This section
applies if—Current as at [Not applicable]Page
157
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237C](a)before the commencement of this
section, a person hadsigned a residence contract;
and(b)beforethecommencement,thecooling-offperiodforthe residence contract had not ended;
and(c)before the cooling-off period ends,
and whether beforeorafterthecommencement,theschemeoperatorbecomesawarethattheparticularsinapublicinformation
document are inaccurate in a way that maymateriallyaffecttheinterestsofaresidentoftheretirement village.(2)Despite section 36(3)(a), the scheme
operator is not requiredtomakeafullwrittendisclosureoftheinaccuracytotheperson before the cooling-off period
ends.(3)However,theschemeoperatormustmakethedisclosureassoon
as practicable after becoming aware of the inaccuracy.Maximum penalty—540 penalty units.237CNotice of end of cooling-off
period(1)This section applies if—(a)the cooling-off period for a residence
contract enteredinto before the commencement of this section
starts onthedayalatereventhappensoranothercontractisentered into; and(b)on
or after the commencement, the later event happensor
the other contract is entered into.(2)Despite section 45A(2), the scheme operator
is not required togive the resident written notice of—(a)the date the later event happens or
the other contract isentered into; or(b)the
date the cooling-off period ends.Page 158Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237D]237DReinstatement work(1)Thissectionappliesif,beforethecommencementofthissection—(a)aresident’srighttoresideunderaresidencecontract,includinganexistingresidencecontract,inanaccommodationunitinaretirementvillageisterminated under this Act; and(b)the scheme operator and the former
resident have not,undersection
58,asinforceimmediatelybeforethecommencement, agreed on reinstatement
work; and(c)the tribunal has not made an order
that work be done toreinstate the former resident’s
accommodation unit.(2)Sections56to59andanyrelevantdefinitions,asinforceimmediatelybeforethecommencement,continuetohaveeffect in
relation to the reinstatement of the former resident’saccommodation unit.237EBudgets(1)If,beforethecommencementofthissection,aschemeoperator adopted
a budget for the capital reserve fund for the2006financialyear,sections 92and93andanyrelevantdefinitions,asinforceimmediatelybeforethecommencement, continue to have effect
for the budget.(2)If,beforethecommencementofthissection,aschemeoperator adopted
a budget for the maintenance reserve fundforthe2006financialyear,sections
98and99andanyrelevantdefinitions,asinforceimmediatelybeforethecommencement, continue to have effect
for the budget.237FGeneral services charges for former
residents(1)Thissectionappliesif,beforethecommencementofthissection—(a)aresidentofaretirementvillagehasvacatedtheresident’s accommodation unit; andCurrent as at [Not applicable]Page
159
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237G](b)therighttoresideintheaccommodationunithasnotbeen sold;
and(c)the tribunal has not ordered the
scheme operator to paythe former resident’s exit entitlement
under section 171.(2)Section 104andanyrelevantdefinitions,asinforceimmediatelybeforethecommencement,continuetohaveeffect for
working out and paying the general services chargesfor
the former resident.237GInsurance(1)This
section applies if—(a)immediately before the commencement of
this section,the insurance for a retirement village taken
out by thescheme operator is subject to an excess;
and(b)theamountoftheexcessismorethanthemaximumexcessprescribedunderaregulationundersection 110(4).(2)During the transitional period, the scheme
operator is takennot to have contravened section 110(4) even
though—(a)theresidentshavenot,byspecialresolutionataresidents meeting, agreed to the
excess; or(b)the excess may be more than 1% of the
insured value ofthe retirement village.(3)In
this section—transitional periodmeans the
period—(a)starting on the day this section
commences; and(b)endingonthedaytheinsurancecontractendsorisrenewed or renegotiated.Page
160Current as at [Not applicable]
Notauthorised—indicativeonlyDivision 3Retirement
Villages Act 1999Part 15 Transitional and savings
provisions[s 237H]Transitional
provisions for HousingLegislation (Building BetterFutures) Amendment Act 2017237HDefinitions for divisionIn
this division—amendedActmeansthisActasinforcefromthecommencement.amendmentActmeanstheHousingLegislation(BuildingBetter Futures) Amendment Act 2017.current public information document—(a)means a public
information document that was in effectimmediately
before the commencement; and(b)includes any amendment of the document made
after thecommencement.current
residence contract—(a)meansaresidencecontractthatwasineffectimmediately
before the commencement; and(b)includes any amendment of the contract made
after thecommencement.formermeansasinforceimmediatelybeforethecommencement.pre-amendedActmeansthisActasinforceimmediatelybefore the
commencement.237IContinued operation of public
information documentsand particular former
provisions(1)This section provides for—(a)thecontinuedeffectofcurrentpublicinformationdocuments;
andCurrent as at [Not applicable]Page
161
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237I](b)the continued operation of particular
provisions of thepre-amendedActrelatingtopublicinformationdocuments.(2)Whileacurrentresidencecontractremainsinforce,thecurrent public information document relating
to the contractcontinues in effect for the purpose of this
section.(3)DespiteitsrepealbytheamendmentAct,formersection36continuestoapplytoaschemeoperatorinrelationtothepublic information document mentioned
in subsection (2) thatrelates to the operator’s
scheme.(4)However,aschemeoperatormaynotamendthepublicinformation
document in a way that may materially affect theinterests of a resident of the retirement
village except to theextent permitted under an approved
closure plan or approvedredevelopment plan.(5)Despite its amendment or repeal by the
amendment Act, eachof the following provisions continues to
apply in relation to acurrentresidencecontractwhilethecontractremainsinforce—(a)former section 18;(b)former section 20;(c)former sections 36 and 37;(d)former section 45(3);(e)former sections 74 to 83;(f)former section 103(1);(g)former section 108(2)(c).(6)For that purpose—(a)a
reference in a provision mentioned in subsection (5) toa
public information document is taken to be a referencetothepublicinformationdocumentmentionedinsubsection (2); andPage 162Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237J](b)a reference in a provision mentioned
in subsection (5) toaprovisionofthisActincludesareferencetotherelevant former provision.Example for paragraph (b)—The
reference in former section 37(2) to section 36 is a
referenceto former section 36.(7)Part
5, division 10 does not apply to a running redevelopmentifeveryresidentoftheretirementvillagewasgivenwrittennotice of the running redevelopment, before
he or she becamea resident, in—(a)a
current public information document; or(b)a
document mentioned in section 84(1).237JApproved form of public information
documents(1)The power under section 227 to approve
forms includes powerto approve a form for use as a public
information documentunder this division.(2)Fromthecommencement,acurrentapprovedformforapublic information document continues
in effect under section227 until it ceases to be the approved
form under that section.(3)In this
section—current approved formmeans an
approved form for a publicinformation document in effect under
section 227 immediatelybefore the commencement.237KContinued operation of former
provisions relating toreinstatement work(1)Thissectionprovidesforthecontinuedoperationofthefollowing
provisions of the pre-amended Act—(a)former section 58;(b)former section 59;(c)former section 61;Current as at
[Not applicable]Page 163
Retirement Villages Act 1999Part
15 Transitional and savings provisions[s 237L](d)former section 62.(2)Despite its amendment or repeal by the
amendment Act, eachprovisionmentionedinsubsection(1)continuestoapplyinrelationtoacurrentresidencecontracttowhichpart3,division 5 applies.Notauthorised—indicativeonly237LVillage
comparison documents(1)This section
applies to a retirement village scheme registeredbefore the commencement.(2)Theschemeoperatormustprepareavillagecomparisondocument for the
scheme.237MPrescribed period for repayment of
exit entitlement(1)This section applies to the exit
entitlement payable in relationto a residence
contract for which the resident’s right to residewas
terminated before the commencement.(2)Section63,asinforcefromthecommencement,appliesinrelation to the contract as if the
reference in section 63(1)(c) tothe termination
date were a reference to the day this sectioncommences.237NUpdating agreed resale valueDespite its amendment by the amendment Act,
former section67 continues to apply in relation to a
residence contract forwhich the termination date was before
the commencement.237OQuarterly financial statements(1)Thissectionappliesinrelationtoarequestundersection112(1) for a
quarterly financial statement for—(a)a
financial quarter ending before the commencement; or(b)thecurrentfinancialquarteratthetimeofthecommencement.Page 164Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237OA](2)So far as it relates to the general
services charges fund, therequest is taken to be a request for a
list, for the quarter, of theexpenditure
involved in providing each general service.237OA
Non-application of pt 2, div 5 to existing contractsPart
2, division 5 does not apply to the transfer of control of ascheme’soperationunderacontractexecutedbeforethecommencement.237PTransitional regulation-making power(1)A regulation (atransitional
regulation) may make provisionof a saving or
transitional nature about a matter for which—(a)it
is necessary to make provision to allow or facilitatethe
transition from the operation of the pre-amended Actto
the operation of the amended Act; and(b)this
Act does not make provision or sufficient provision.(2)A transitional regulation may have
retrospective operation toa day not earlier than the day this
section commences.(3)Atransitionalregulationmustdeclareitisatransitionalregulation.(4)Thissectionandanytransitionalregulationexpire1yearafter the day
this section commences.Division 4Transitional
provisions for Healthand Other Legislation AmendmentAct
2018237QTiming of mandatory buyback(1)This section applies if—(a)aformerresident’srighttoresideunderaresidencecontractinanaccommodationunitwasterminatedCurrent as at
[Not applicable]Page 165
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
15 Transitional and savings provisions[s 237R]under this Act before the commencement of
this section;and(b)theformerresident’sresidencecontractisbasedonafreehold interest in an accommodation
unit; and(c)since the termination of the right to
reside, the formerresident’s freehold property has not been
sold.(2)Section 63A applies to the scheme
operator in relation to thefreehold
property.(3)For that purpose, section 63B applies
as if section 63B(3)(a)referred to the latest of the
following days—(a)10 May 2019;(b)the
day that is 6 weeks after the commencement;(c)the
day that is 18 months after the termination date.(4)Also for that purpose, section 63A
applies subject to section63H as if section 63H were in force
when the right to residewas terminated.237RTransitional regulation-making power(1)A regulation (atransitional
regulation) may make provisionof a saving or
transitional nature for which—(a)it
is necessary to make provision to allow or facilitatethe
doing of anything to achieve the transition from thepre-amended Act to the amended Act;
and(b)this Act does not make provision or
sufficient provision.(2)A transitional
regulation may have retrospective operation toa day that is
not earlier than the day this section commences.(3)Atransitionalregulationmustdeclareitisatransitionalregulation.(4)Thissectionandanytransitionalregulationexpire1yearafter the
commencement of this section.(5)In
this section—Page 166Current as at
[Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Part
16 Repeal[s 238]amended
Actmeans this Act as amended by the Health
andOther Legislation Amendment Act 2018.pre-amendedActmeansthisActasinforceimmediatelybeforeitsamendmentbytheHealthandOtherLegislationAmendment Act
2018.Part 16Repeal238RepealThe Retirement
Villages Act 1988 is repealed.Current as at
[Not applicable]Page 167
Retirement Villages Act 1999ScheduleScheduleDictionaryNotauthorised—indicativeonlysection 4Page 1682006AmendmentActmeanstheRetirementVillagesAmendment Act 2006.accelerated wearmeans wear that
happens more quickly thanwould have reasonably been
expected.accommodation unitmeans the part
of a retirement village inwhich a resident has an exclusive
right to reside.affectedbybankruptcyaction,inrelationtoanindividual,means the
individual, in any jurisdiction—(a)is
bankrupt; or(b)has compounded with creditors;
or(c)has otherwise taken, or applied to
take, advantage of anylaw about bankruptcy.annualmeetingmeansanannualmeetingcalledundersection 131.approved closure
planmeans a closure plan approved for thescheme under section 40D or 40E.approved formsee section
227.approvedprovidermeansanapprovedproviderundertheAged
Care Act 1997(Cwlth).approvedredevelopmentplanmeansaredevelopmentplanapproved for the scheme under section 113F
or 113G.approved transition planmeans a
transition plan approved bythe chief
executive under section 41F or 41G.capital
improvement—(a)means the first
time provision of a capital item; and(b)totheextentitisnotinconsistentwithparagraph(a),includes a thing that is a capital
improvement under aCurrent as at [Not applicable]
Retirement Villages Act 1999ScheduleNotauthorised—indicativeonlyrulingundertheTaxationAdministrationAct1953(Cwlth) dealing
with capital improvement.capital itemsinclude the
following—(a)allbuildingsandstructureslocatedintheretirementvillage and
owned by the scheme operator, including thecommunalfacilities,amenitiesandaccommodationunits, other
than items that, under the residence contract,aretobemaintained,repairedandreplacedbytheresident;(b)allplant,machineryandequipmentusedintheoperation of the
village, other than items that are bodycorporate
property;Examples for paragraph (b)—communal hot water and air conditioning
services, kitchen anddiningroomequipment,communityfacilityfurnishings,gardening
equipment, village bus or transportation services(c)all village infrastructure owned by
the scheme operator.Examples for paragraph (c)—roadways,pathways,drainage,seweragemains,landscaping,electrical
distribution systems, water services and connectionsand
distribution systemscapital replacement fundsee
section 17.capital replacement fund contributionsee
section 18.closure plansee section
40C.condition reportmeans a report
that, under section 76 or 77,isprepared,signedbyaschemeoperatorandgiventoaresident or former resident.conviction, for part 5,
division 1, see section 87.cooling-off
period, for a residence contract, means a
14-dayperiod starting on—(a)the
day the contract is signed; or(b)iftheresidencecontractissubjecttoalatereventhappeningoranothercontractbeingenteredinto—thedaythelatereventhappensortheothercontractisentered into.Current as at
[Not applicable]Page 169
Retirement Villages Act 1999ScheduleNotauthorised—indicativeonlyPage 170day-to-daymaintenance,ofacapitalitem,meansmaintenance of the item that is carried out
regularly and withlittle expense.decision
noticesee section 28(5).deregistration
noticesee section 28A(2).dispute
noticesee section 157.excludedcontractmeansawrittencontractbetweenanapprovedproviderandanotherpersonunderwhichtheapprovedprovideragreestoprovideresidentialcaretotheperson that is
at least equivalent to the standard of care thatwouldberequiredfortheapprovedprovidertomeettheapproved provider’s responsibilities under
theAged Care Act1997(Cwlth), chapter 4.executiveofficer,ofacorporation,meansapersonwhoisconcernedwith,ortakespartin,thecorporation’smanagement,whetherornotthepersonisadirectorortheperson’s position is given the name of
executive officer.existing residence contractsee
section 11.existing retirement villagemeans a retirement village existingimmediately before the commencement of this
Act.existing scheme operator, for part 2,
division 5, see section41C(1).exit
entitlementsee section 16.exit feesee
section 15(1).former residentincludes—(a)a person who, personally or for
someone else, enteredinto a residence contract to secure
the person’s or otherperson’s right to reside in a
retirement village; and(b)the former
resident’s personal representative.freehold
interestmeans a fee simple interest in a lot under
theLand Title Act 1994.freehold property, of a resident
or former resident, see section11A.Current as at [Not applicable]
Retirement Villages Act 1999ScheduleNotauthorised—indicativeonlyFTI
Actsee section 3A(1).general
servicesare services supplied, or made available,
toall residents of a retirement
village.Examples of general services—•management and administration•gardening and general
maintenance•a shop or other facility for supplying
goods to residents•a service or facility for the
recreation or entertainment of residentsgeneral services
chargesee section 18B.general services
charges fundsee section 18A.grossingoingcontributionmeanstheingoingcontributionbefore any
deductions are made.ingoing contributionsee
section 14.insolventunderadministrationforpart5,division1seesection 87.leasehold
interestmeans an interest created by an
instrumentof lease for a lot under theLand
Title Act 1994.maintenance, of a capital
item—(a)means the upkeep of the capital item
in good conditionand efficient working order; and(b)totheextentitisnotinconsistentwithparagraph(a),includes doing something that, under a
ruling under theTaxation Administration Act 1953(Cwlth) dealing withmaintenanceofcapitalitems,ismaintenanceofthecapital item.maintenance
reserve fundsee section 19.maintenance
reserve fund contributionsee section 20.manager, of
a retirement village, means the person in chargeof
its day-to-day operation.mediation agreementsee
section 163.mediation conferencesee section
158.mediatormeans a person
who is—Current as at [Not applicable]Page
171
Notauthorised—indicativeonlyRetirement Villages Act 1999Schedule(a)accredited as a mediator under theDisputeResolutionCentres Act
1990, section 27AB; or(b)approvedasamediatorundertheUniformCivilProcedure Rules 1999; or(c)approvedasamediatorbytheBarAssociationofQueenslandortheQueenslandLawSocietyIncorporated.newschemeoperator,forpart2,division5,seesection41C(1).personalservicesareoptionalservicessuppliedormadeavailable for
the benefit, care or enjoyment of a resident of aretirement village.Examples of
personal services—•laundry•meals•cleaning the resident’s accommodation
unitprospective costs document,
for a prospective resident, meansadocumentcomplyingwithsection75(2)containinginformation
relevant to the prospective resident entering intoa
residence contract.QCAT information noticemeans a notice
complying with theQCAT Act, section 157(2).quartermeans the
3-month period ending on 31 March, 30June, 30
September or 31 December.real estate agentmeans a real
estate agent under thePropertyOccupations Act
2014.redevelopment plansee section
113E.registered, for part 6,
division 2, see section 115.registered
company auditormeans a person registered as anauditor,ortakentoberegisteredasanauditor,undertheCorporations Act, part 9.2.registrarmeans the
principal registrar under the QCAT Act.reinstatement
work, for part 3, division 5, see section
56(1).Page 172Current as at
[Not applicable]
Retirement Villages Act 1999ScheduleNotauthorised—indicativeonlyrelative, of a resident,
means theresident’s spouse, mother,stepmother,father,stepfather,sister,stepsister,half-sister,brother,
stepbrother, half-brother, child or stepchild.relevant
conviction, for part 5, division 1, see section
87.repairs, to a capital
item—(a)means the restoration of the item by
fixing or replacingparts of the item; and(b)totheextentitisnotinconsistentwithparagraph(a),includes doing something that, under a
ruling under theTaxation Administration Act 1953(Cwlth) dealing withrepairs to
capital items, is repairs to the capital item.repealedActmeanstherepealedRetirementVillagesAct1988.replacement, of a capital
item—(a)means the substitution of the same
type of item or anequivalent item; and(b)totheextentitisnotinconsistentwithparagraph(a),includes doing something that, under a
ruling under theTaxation Administration Act 1953(Cwlth) dealing withreplacementofcapitalitems,isreplacementofthecapital item.residence
contractsee section 10.resident—(a)see section 9;
and(b)for part 3, division 4, see section
51.residential carehas the meaning
given by theAged Care Act1997(Cwlth).residential care
subsidyhas the meaning given by theAgedCare Act
1997(Cwlth).residentscommitteemeansacommitteeestablishedundersection 127.residents
meeting notice—(a)for part 2,
division 4, see section 40B(1)(b); orCurrent as at
[Not applicable]Page 173
Notauthorised—indicativeonlyRetirement Villages Act 1999Schedule(b)for
part 5, division 10, see section 113D(b).retirement
villagesee section 5.retirement
village disputesee section 21.retirement
village issuesee section 22.retirement
village landsee section 6.retirement
village schemesee section 7.retirement
village scheme operatorsee section 8.running
redevelopmentsee section 113C(1).schememeans a retirement village scheme.scheme operatormeans a
retirement village scheme operator.securitymeansaninterest,mortgageorotherchargeinorover
land.service agreementsee section
12.services chargemeans a charge
payable by a resident for ageneral or
personal service under a residence contract.sold,
for a right to reside in an accommodation unit, meanswhen
a contract for the sale of the right is settled.special resolution, at a residents
meeting, means a resolutionpassed—(a)at the meeting of which the residents
are given at least21 days written notice stating the intention
to proposethe resolution as a special resolution;
and(b)by at least three-quarters of the
persons entitled to votewho vote—(i)personally or by proxy at the meeting;
or(ii)by postal
ballot.termination date, for part 3,
division 5, see section 56.transition
plansee section 41E.tribunalmeans QCAT.valuer,
for part 3, division 5, see section 70.Page 174Current as at [Not applicable]
Notauthorised—indicativeonlyRetirement Villages Act 1999Schedulevillagecomparisondocument,forascheme,meansthefollowing document as amended from
time to time—(a)foraschemetowhichsection237Lapplies,thedocument prepared under that
section;(b)otherwise,thedocumentthatbecomesthevillagecomparisondocumentfortheschemeundersection74(3).wind down, in
relation to a retirement village scheme, meansgradually reduce
the retirement village’s operations ahead ofthe cessation of
the retirement village’s operations.Current as at
[Not applicable]Page 175