{"id":"retirement-villages-act-1995","name":"Retirement Villages Act 1995","slug":"retirement-villages-act-1995","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30567,"registerId":"nt-retirement-villages-act-1995-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Retirement Villages Act 1995","content":"NORTHERN TERRITORY OF AUSTRALIA\nRETIREMENT VILLAGES ACT 1995\nAs in force at 20 November 2020\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Act binds Crown .............................................................................. 3\n5 Application of Act ............................................................................. 3\nPart 2 Commissioner\n6 Functions and powers of Commissioner .......................................... 4\n7 Commissioner may institute or defend proceedings ........................ 4\n8 Conduct of proceedings by Commissioner ...................................... 4\n9 Delegation by Commissioner ........................................................... 5\n10 Exclusion of liability ......................................................................... 5\n11 Annual report ................................................................................... 5\nPart 3 Rights of residents and administering\nauthorities\n12 Contractual rights of residents ......................................................... 5\n13 Applications to Court relating to disputes ........................................ 7\n14 Termination of right to occupy premises in retirement village .......... 9\n15 Termination of occupation on medical grounds ............................... 9\n16 Termination of occupation on grounds of breach of residence\ncontract or rules ............................................................................. 11\n17 Parties to minimise loss from breach of residence contract ........... 12\n18 Court may waive defect in notice of intention to terminate ............ 12\n19 Court may terminate residence contract where resident\ncauses serious damage or injury ................................................... 12\n20 Court may terminate residence contract where administering\nauthority would otherwise suffer undue hardship........................... 13\n21 Suspension or refusal of orders for termination ............................. 13\n22 Recovery of possession of premises prohibited except by\norder .............................................................................................. 14\n23 Enforcement of orders for possession ........................................... 14\n24 Liability of resident remaining in possession.................................. 15\n25 Abandoned premises ..................................................................... 15\n26 Right of administering authority to compensation where\nresident abandons premises .......................................................... 16\n\nRetirement Villages Act 1995 ii\n27 Goods abandoned by resident after residence contract is\nterminated...................................................................................... 16\n28 Operation of termination provisions, &c. ........................................ 17\n29 Review of residence contract by Court .......................................... 17\nPart 4 Proceedings before Court\n30 Limits on orders by Court............................................................... 17\n31 Extension of time ........................................................................... 18\n32 Notice of hearing ........................................................................... 18\n33 Proceedings before Court .............................................................. 18\n34 Presentation of cases .................................................................... 18\n35 Reference of certain matters concerning administering\nauthorities ...................................................................................... 19\nPart 5 Miscellaneous\n36 Notation of Register ....................................................................... 19\n36A Removal of notation from Register ................................................ 20\n37 Insurance by administering authority ............................................. 21\n38 Money paid by residents to administering authority ....................... 22\n39 Contracting out prohibited.............................................................. 22\n40 Unauthorised use of retirement village prohibited.......................... 23\n41 Costs of administration .................................................................. 23\n42 Disclosure of information ............................................................... 23\n43 Powers of authorised officers ........................................................ 24\n44 Application of Consumer Affairs and Fair Trading Act 1990 to\ncodes prescribed under this Act .................................................... 24\n45 Offences by corporations ............................................................... 24\n46 Offences ........................................................................................ 25\n47 Service of documents .................................................................... 25\n48 Codes of practice........................................................................... 25\n49 Jurisdiction of Anti-Discrimination Commissioner .......................... 27\n50 Rules, &c., imposing restrictions based on whether persons\nare retired persons ........................................................................ 27\n51 Regulations .................................................................................... 27\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 20 November 2020\n____________________\nRETIREMENT VILLAGES ACT 1995\nAn Act to regulate the operation of retirement villages and to confer on\nthe courts powers in respect of certain matters relating to retirement\nvillages and for related purposes\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Retirement Villages Act 1995.\n2 Commencement\nThis Act shall come into operation on a date to be fixed by the\nAdministrator by notice in the Gazette.\n3 Interpretation\n(1) In this Act, unless the contrary intention appears:\nadministering authority, in relation to a retirement village, means\nthe person by or on whose behalf the retirement village is\nadministered and includes a person (other than a resident) who\nowns land within the village.\nauthorised officer means a person who is an authorised officer\nunder the Consumer Affairs and Fair Trading Act 1990.\ncode means a code of practice prescribed under the Consumer\nAffairs and Fair Trading Act 1990 or this Act which relates to\nretirement villages.\nCommissioner means the Commissioner of Consumer Affairs\nappointed under the Consumer Affairs and Fair Trading Act 1990.\npremium means a payment (including a gift) made to the\nadministering authority of a retirement village in consideration for,\nor in contemplation of, admission of the person by or on whose\nbehalf the payment was made as a resident of the retirement village\n(including any such payment made for the purchase of a residential\nunit in the retirement village or for the purchase, issue or\n\nPart 1 Preliminary\nRetirement Villages Act 1995 2\nassignment of shares conferring a right to occupy any such\nresidential unit) but does not include:\n(a) a payment excluded by the Regulations; and\n(b) a recurrent charge.\nrecurrent charge means an amount (including rent) payable by a\nresident to the administering authority of a retirement village on a\nrecurrent basis.\nRegister means the Register within the meaning of the Land Title\nAct 2000.\nregistered means registered under the Land Title Act 2000.\nresidence contract means a contract, agreement, scheme or\narrangement by which a person obtains the right to occupy\nresidential premises in a retirement village, and may take the form\nof a lease or licence.\nresidence rules means the rules with which residents of a\nretirement village are expected by the administering authority to\ncomply, but does not include any articles or by-laws (to which the\nresidents are subject) in force under the Unit Titles Act 1975.\nresident, in relation to a retirement village, means a person who\noccupies residential premises in a retirement village under a\nresidence contract, and includes a person who occupies such\npremises and who is or was a spouse or de facto partner of such a\nperson.\nresidential premises means any premises or part of premises\n(including any land occupied with the premises) used or intended to\nbe used as a place of residence.\nretired person means a person who has attained the age of 55\nyears or retired from full-time employment or a person who is or\nwas a spouse or de facto partner of such a person.\nretirement village means a complex containing residential\npremises (whether or not including hostel units) predominantly or\nexclusively occupied or intended to be predominantly or exclusively\noccupied by retired persons.\n(2) For the purpose of determining whether a contract, agreement,\nscheme or arrangement is a residence contract it does not matter\nthat the person granted the right of occupation is a corporation if the\npremises are used, or intended for use, as a residence by a natural\nperson.\n\nPart 1 Preliminary\nRetirement Villages Act 1995 3\n(3) For the purposes of the definition of administering authority,\nwhere land within a retirement village is the subject of title under the\nUnit Titles Act 1975 or Unit Title Schemes Act 2009, the body\ncorporate established, or the corporation formed, for the land by\nthat Act may be the administering authority of the retirement village.\n(4) Where a corporation established under the Unit Titles Act 1975, or\na body corporate formed under Unit Title Schemes Act 2009, is the\nadministering authority of a retirement village, it:\n(a) shall comply with the rules laid out in that Act in respect of the\nprocesses to be followed in making decisions as the\nadministering authority; and\n(b) may hold meetings required by this Act or a code relating to\nthe retirement village in conjunction with meetings required\nunder that Act.\n(5) In this Act, a reference to the Court means:\n(a) the Local Court; or\n(b) where the jurisdictional limit of the Local Court is exceeded,\nthe Supreme Court except where the parties consent in writing\nto the Local Court hearing and determining the proceedings.\n(6) Land shall not be taken to be subdivided for the purposes of the\nPlanning Act 1999 by the grant of a right to occupy residential\npremises in a retirement village under a residence contract.\n4 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, in so far as\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) Nothing in this Act renders the Crown liable to be prosecuted for an\noffence.\n5 Application of Act\n(1) Subject to subsection (2), this Act applies to a retirement village to\nwhich a code applies, whether established before or after the\ncommencement of this Act, and applies notwithstanding the terms\nof any contract, agreement, scheme or arrangement, whether made\nbefore or after the commencement of this Act.\n\nPart 2 Commissioner\nRetirement Villages Act 1995 4\n(2) The Minister may, by notice in writing, exempt a retirement village\nfrom all or specified provisions of this Act or any other Act for such\nperiod and subject to such conditions as the Minister thinks fit and\nspecifies in the notice.\nPart 2 Commissioner\n6 Functions and powers of Commissioner\n(1) The functions of the Commissioner are:\n(a) to investigate and carry out research into matters relating to or\naffecting retirement villages;\n(b) to investigate and attempt to resolve complaints by residents\nand administering authorities of retirement villages and to take\nsuch action, including prosecution for any offence, as the\nCommissioner thinks appropriate;\n(c) to distribute information about the services provided by the\nCommissioner and the Court in relation to residents of\nretirement villages and to promote awareness of the rights and\nresponsibilities of residents and persons involved in the\nretirement village industry; and\n(d) to investigate and report on any matters, or make inquiries in\nrelation to any matters, referred to the Commissioner by the\nMinister or by the Court in connection with this Act.\n(2) The Commissioner has power to do all things that are necessary or\nconvenient to be done for or in connection with or incidental to the\nperformance of his or her functions.\n7 Commissioner may institute or defend proceedings\nThe Commissioner may, at the Commissioner's sole discretion,\ninstitute or defend proceedings before the Court for or on behalf of\na resident of a retirement village.\n8 Conduct of proceedings by Commissioner\nIf the Commissioner institutes or defends proceedings before the\nCourt on behalf of a resident of a retirement village:\n(a) the Commissioner shall have the conduct of those\nproceedings on behalf of the resident, may appear personally\nor by a legal practitioner or agent and may do all such things\nas are necessary or expedient to give effect to an order or a\ndecision of the Court;\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 5\n(b) the Commissioner is liable to pay the costs (if any) of the\nresident; and\n(c) the resident is liable to pay any other amount that the Court\norders the resident to pay.\n9 Delegation by Commissioner\n(1) The Commissioner may, in writing, delegate to a person, including\nthe person from time to time holding, acting in or performing the\nduties of, an office, designation or position, any of the\nCommissioner's powers and functions under this Act, other than\nthis power of delegation.\n(2) A delegation under subsection (1) does not prevent the exercise of\na power or the performance of a function by the Commissioner.\n10 Exclusion of liability\nNo action or proceeding, criminal or civil, shall be commenced or lie\nagainst the Commissioner, a delegate of the Commissioner or any\nperson acting for or on behalf of the Commissioner in respect of an\nact or thing done or omitted to be done in good faith for the purpose\nof executing this Act.\n11 Annual report\n(1) The Commissioner shall submit annually to the Minister a report on\nthe operation of this Act during that year.\n(2) The Minister shall, within 6 sitting days of the Legislative Assembly\nafter receiving a report submitted under subsection (1), lay a copy\nof the report before the Assembly.\n(3) A report under subsection (1) may be included in a report prepared\nby the Commissioner under the Consumer Affairs and Fair Trading\nAct 1990.\nPart 3 Rights of residents and administering\nauthorities\n12 Contractual rights of residents\n(1) A residence contract may be enforced against the administering\nauthority, from time to time, of the retirement village.\n(2) Where a premium is paid under a residence contract providing that\nit will be repaid in whole or in part on the happening of a\ncontingency and the contingency occurs, the resident or a person\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 6\nclaiming on behalf of the resident may recover the amount that is\nrepayable as a debt from the administering authority, from time to\ntime, of the retirement village.\n(3) Proceedings will not lie against the owner of land within a\nretirement village for the enforcement of rights under subsection (1)\nor (2) unless:\n(a) the owner is a party to the residence contract under which the\npremium is repayable;\n(b) the owner is the sole administering authority of the retirement\nvillage; or\n(c) an administering authority, other than the owner, has failed to\nsatisfy an order of the Court given for the enforcement of\nthose rights.\n(4) The right of a resident to repayment of a premium, or part of a\npremium, is a charge on land within the retirement village other\nthan:\n(a) a residential unit owned by a resident; or\n(b) common property as defined in the Unit Titles Act 1975 or Unit\nTitle Schemes Act 2009 in relation to subdivided land that is\nthe retirement village.\n(5) The charge referred to in subsection (4) is an overriding statutory\ncharge within the meaning of the Land Title Act 2000.\n(6) A charge referred to in subsection (4) can only be enforced:\n(a) with the approval of the Court; and\n(b) subject to any conditions to which the Court's approval is\nsubject.\n(7) In considering whether to give its approval under subsection (6), the\nCourt shall have regard to the rights and interests of other residents\nof the retirement village who have charges on the land within the\nretirement village.\n(8) Where the Court approves the enforcement of a charge under\nsubsection (6), the charge may, subject to the conditions of the\nCourt, be enforced in the same way as an overriding statutory\ncharge registered under the Land Title Act 2000.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 7\n13 Applications to Court relating to disputes\n(1) If a resident or the administering authority of a retirement village\nclaims that:\n(a) a dispute has arisen between the resident and the authority or\nthe authority and one or more residents or the resident and\nanother resident; and\n(b) all procedures for settlement of the dispute under any\napplicable code (otherwise than by reference of the dispute to\nthe Court) have been exhausted without resolving the dispute\nto the satisfaction of the resident or the authority or, if there\nare no such procedures, the dispute has not been resolved,\nthe resident or authority may apply to the Court for an order in\nrespect of the dispute.\n(2) The Court shall not hear an application under subsection (1) (other\nthan an application relating to a dispute arising out of the transfer or\nthe proposed transfer of a resident of a retirement village from one\nkind of accommodation in the retirement village to another) unless it\nis of the opinion that:\n(a) the dispute materially affects a party to the dispute; or\n(b) it is in the public interest to do so.\n(3) The Court may, on application by a resident or an administering\nauthority under this section, make one or more of the following\norders:\n(a) an order that:\n(i) restrains the administering authority from transferring the\nresident from one kind of accommodation in the\nretirement village to another; or\n(ii) requires the resident to transfer, or the authority to\ntransfer the resident, from one kind of accommodation in\nthe village to another;\n(b) an order terminating the residence contract of the resident;\n(c) an order that:\n(i) restrains any action in breach of any residence contract\nor residence rule; or\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 8\n(ii) requires the performance of any residence contract or\nresidence rule; or\n(d) an order that the resident or authority perform such work or\ntake such other steps as the order specifies to remedy a\nbreach of a residence contract;\n(e) an order for the payment of an amount of money;\n(f) an order for compensation;\n(g) an order that requires payment to the Court of part or all of\nany money payable by a resident to the authority until the\nwhole or part of any residence contract has been performed or\nany application for compensation has been determined; or\n(h) an order that requires payment (out of money paid to the\nCourt) towards the cost of remedying a breach of a residence\ncontract or towards the cost of any compensation.\n(4) An order under subsection (3)(c) may be made even though it\nprovides a remedy in the nature of an injunction or order for specific\nperformance in circumstances in which such a remedy would not\notherwise be available.\n(5) If a resident or an administering authority of a retirement village\nclaims that:\n(a) a residence rule is unconscionable, harsh or oppressive or\ncontravenes an applicable code; and\n(b) all procedures for settlement of a dispute relating to the rule\nunder any applicable code or Act (otherwise than by reference\nof the dispute to the Court) have been exhausted without\nresolving the dispute to the satisfaction of the resident or\nauthority or, if there are no such procedures, the dispute has\nnot been resolved,\nthe resident or authority may apply to the Court for an order under\nsubsection (6).\n(6) The Court may, on application by a resident or an administering\nauthority under subsection (5), make an order:\n(a) setting aside the residence rule; or\n(b) modifying the operation of the rule, either in its application to\nthe resident or to some or all of the residents of the retirement\nvillage.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 9\n(7) If the Court makes an order terminating a residence contract under\nthis section, the Court shall fix, in the order, a date by which the\nresident must vacate the residential premises.\n(8) In addition to any other order it may make under this section, the\nCourt may make an order for the payment or refund of money by an\nadministering authority to a resident or by a resident to an\nadministering authority.\n(9) An application under this section may be made during the currency\nor after the termination of a residence contract.\n(10) For the purpose of determining any application under this section\nwith respect to a dispute arising out of the transfer or proposed\ntransfer of a resident of a retirement village from one kind of\naccommodation in the retirement village to another, the Court may:\n(a) with the consent of the resident, request the Chief Health\nOfficer or any other person or any body to prepare a report\nwith respect to the resident's physical or mental capacity; and\n(b) have regard to any such report and any other report prepared\non behalf of the resident or the administering authority of the\nretirement village.\n14 Termination of right to occupy premises in retirement village\nA resident of a retirement village who is entitled to occupy\nresidential premises under a residence contract has a right of\noccupation that terminates only in one of the following\ncircumstances:\n(a) when the resident dies;\n(b) if the residence contract is terminated by the resident in\naccordance with the residence contract;\n(c) if the resident abandons the residential premises;\n(d) if the residence contract is terminated by the Court under this\nAct.\n15 Termination of occupation on medical grounds\n(1) If the administering authority of a retirement village is of the opinion\nthat residential premises occupied by a resident of the retirement\nvillage are, because of the resident's physical or mental incapacity,\nunsuitable for occupation by the resident, the authority may apply to\nthe Court for an order terminating the resident's residence contract\nand fixing a date by which the resident must vacate the residential\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 10\npremises occupied by the resident.\n(2) The Court may, on application by an administering authority under\nthis section, make an order terminating the residence contract, but\nonly if:\n(a) it is satisfied that any procedures specified under any\napplicable code or Act or the residence contract for giving\nnotice of intention to terminate the residence contract and for\ntermination of the contract have been complied with by the\nauthority; and\n(b) it is of the opinion that:\n(i) the residential premises occupied by the resident are,\nbecause of the resident's physical or mental incapacity,\nunsuitable for occupation by the resident; and\n(ii) having considered the circumstances of the case, it is\notherwise appropriate to make an order terminating the\nresidence contract.\n(3) The Court shall not form an opinion under subsection (2)(b)(i)\nunless it has considered a medical report with respect to the\nresident prepared by a medical practitioner nominated by the\nresident or, if such a report is not supplied or a nomination is not\nmade, has given the resident a reasonable opportunity to supply\nsuch a report or make such a nomination.\n(4) In determining whether to terminate a residence contract under this\nsection, the Court may:\n(a) with the consent of the resident, request the Chief Health\nOfficer or any other person or any body to prepare a report\nwith respect to the resident's physical or mental capacity; and\n(b) have regard to any such report and any other report prepared\non behalf of the resident or the administering authority,\nand shall have regard to any terms of the residence contract\nrelating to the transfer of the resident to other residential premises\nin the retirement village.\n(5) If the Court makes an order terminating a residence contract under\nthis section, the Court shall fix in the order a date by which the\nresident must vacate the residential premises occupied by the\nresident.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 11\n(6) In addition to any other order it may make under this section, the\nCourt may make an order for the payment or refund of money by an\nadministering authority to a resident or by a resident to an\nadministering authority.\n16 Termination of occupation on grounds of breach of residence\ncontract or rules\n(1) If:\n(a) a resident of a retirement village breaches the resident's\nresidence contract or the residence rules of a retirement\nvillage; and\n(b) any procedures specified under any applicable code or the\nresidence contract for giving notice of intention to terminate\nthe residence contract and for termination of the residence\ncontract have been complied with by the administering\nauthority of the retirement village,\nthe authority may apply to the Court for an order terminating the\ncontract and fixing a date by which the resident must vacate the\nresidential premises occupied by the resident.\n(2) The Court may, on application by an administering authority under\nthis section, make an order terminating the residence contract, but\nonly if it is satisfied that:\n(a) the breach, in the circumstances of the case, is such as to\njustify termination of the contract;\n(b) persistent breaches by the resident are, in the circumstances\nof the case, such as to justify termination of the contract; or\n(c) having considered the circumstances of the case, it is\notherwise appropriate to do so.\n(3) In addition to any order the Court may make under subsection (2) it\nmay, in proceedings under this section, make an order:\n(a) setting aside a residence rule; or\n(b) modifying the operation of a rule, either in its application to a\nresident or to some or all of the residents of a retirement\nvillage,\nif it is of the opinion that the rule is unconscionable, harsh or\noppressive or contravenes any applicable code.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 12\n(4) The Court may make an order under subsection (3) whether or not\nany procedures specified under any applicable code or the\nresidence contract for giving notice of intention to terminate a\nresidence contract or for termination of the residence contract or for\nthe settlement of a dispute have been complied with.\n(5) If the Court makes an order terminating a residence contract under\nthis section, the Court shall fix in the order a date by which the\nresident must vacate the residential premises occupied by the\nresident.\n(6) In addition to any other order it may make under this section, the\nCourt may make an order for the payment or refund of money by an\nadministering authority to a resident or by a resident to an\nadministering authority.\n17 Parties to minimise loss from breach of residence contract\n(1) The rules of law relating to mitigation of loss or damage on breach\nof a contract apply to a breach of a residence contract.\n(2) Nothing in this section affects the operation of section 26.\n18 Court may waive defect in notice of intention to terminate\nThe Court may, if it thinks it appropriate to do so in the special\ncircumstances of the case, make an order terminating a residence\ncontract under section 15 or 16 even though any procedures\nspecified under any applicable code or the residence contract for\ngiving notice of intention to terminate the residence contract have\nnot been complied with.\n19 Court may terminate residence contract where resident causes\nserious damage or injury\n(1) The Court may, on application by the administering authority of a\nretirement village, make an order terminating a residence contract if\nit is satisfied that the resident has intentionally or recklessly caused\nor permitted, or is likely intentionally or recklessly to cause or\npermit:\n(a) serious damage to the residential premises; or\n(b) injury to the authority or an employee of the authority or any\nother resident.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 13\n(2) If the Court makes an order terminating a residence contract under\nthis section, the Court:\n(a) shall fix in the order a date by which the resident must vacate\nthe residential premises; and\n(b) may make such other orders (including an order that the\nresident pay compensation to the administering authority or\nthat the authority pay to the resident compensation for the\nresident's loss of rights under the contract) as it thinks fit.\n(3) An application under this section may be made whether or not the\nadministering authority has given notice of intention to terminate the\nresidence contract.\n20 Court may terminate residence contract where administering\nauthority would otherwise suffer undue hardship\n(1) The Court may, on application by the administering authority of a\nretirement village, make an order terminating a residence contract if\nit is satisfied that the authority would, in the special circumstances\nof the case, suffer undue hardship if the contract were not\nterminated.\n(2) If the Court makes an order terminating a residence contract under\nthis section, the Court:\n(a) shall fix in the order a date by which the resident must vacate\nthe residential premises; and\n(b) may make such other orders (including an order that the\nadministering authority pay to the resident compensation for\nthe resident's loss of rights under the contract) as it thinks fit.\n21 Suspension or refusal of orders for termination\n(1) The Court may suspend the operation of an order fixing a date by\nwhich a resident of a retirement village must vacate residential\npremises if it is satisfied that it is desirable to do so, having regard\nto the relative hardship likely to be caused by the suspension to:\n(a) the resident; and\n(b) other residents or the administering authority of the retirement\nvillage.\n(2) The Court may, as a condition of the suspension of the operation of\nan order for possession, require the resident to pay to the\nadministering authority an occupation fee specified by the Court for\nthe period for which the order for possession is suspended.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 14\n(3) The Court may refuse to make an order terminating a residence\ncontract if it is satisfied that:\n(a) the administering authority was wholly or partly motivated to\nterminate the contract by the fact that:\n(i) the resident had applied or proposed to apply to the\nCourt for an order;\n(ii) the resident had complained to a governmental authority\nor had taken some other action to secure or enforce his\nor her rights as a resident; or\n(iii) an order of the Court was in force in relation to the\nresident and the authority; or\n(b) in the case of an application by an authority under section 16\nthe resident remedied the breach concerned.\n22 Recovery of possession of premises prohibited except by\norder\n(1) A person shall not, except in accordance with a judgment, warrant\nor order of a court, enter residential premises occupied by a\nresident of a retirement village under a residence contract for the\npurpose of recovering possession of the premises.\nMaximum penalty: 175 penalty units.\n(2) This section applies to a person who enters residential premises,\nwhether on his or her own behalf or on behalf of another person.\n(3) A court before which proceedings for an offence under this section\nare brought may (in addition to any other penalty) order the person\nwho committed the offence or any person on whose behalf that\nperson acted to pay to the person entitled to occupy the premises\nconcerned such compensation as it thinks fit.\n23 Enforcement of orders for possession\n(1) If an order fixing a date for vacation of residential premises\noccupied by a resident of a retirement village under a residence\ncontract is made by the Court, a registrar of the Court:\n(a) on the application of the person in whose favour the order was\nmade; and\n(b) if satisfied that the order or a condition of suspension of the\norder has not been complied with,\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 15\nissue a warrant, in or to the effect of the prescribed form,\nauthorising a bailiff to enter the residential premises and to give\npossession to the person in whose favour the order was made.\n(2) A bailiff enforcing an order for possession of residential premises\nmay enter the premises and take all such steps as are reasonably\nnecessary to enforce the order and shall produce to any person\noccupying the premises the warrant authorising the enforcement.\n(3) A member of the Police Force may, at the request of a bailiff, assist\nthe bailiff to enforce the order for possession.\n(4) A bailiff enforcing an order for possession of residential premises\nmay use such force as is reasonably necessary for that purpose.\n(5) A person shall not hinder or obstruct a bailiff in the exercise of the\npowers conferred by this section.\n(6) No matter or thing done by a bailiff or member of the Police Force,\nin the exercise or purported exercise of a power conferred by this\nsection, shall, if the matter or thing was done in good faith for the\npurpose of enforcing an order for possession, subject the bailiff or\nmember of the Police Force personally to any action, liability, claim\nor demand.\n24 Liability of resident remaining in possession\n(1) If a resident of a retirement village fails to comply with an order\nmade by the Court fixing a date for vacation of residential premises,\nthe resident is liable to pay compensation to the administering\nauthority of the retirement village for any loss caused to the\nauthority by that failure.\n(2) The Court may, on application by an administering authority under\nthis section made not later than 30 days after the day on which the\norder fixing the date for vacation of the residential premises took\neffect, order the resident to pay to the authority such compensation\nas it thinks fit.\n25 Abandoned premises\n(1) The Court may, on application by the administering authority of a\nretirement village, make an order that declares that residential\npremises occupied by a resident of the retirement village were\nabandoned by the resident on a day specified by the Court.\n(2) The resident shall be taken for the purposes of this Act to have\nabandoned the residential premises on that day.\n\nPart 3 Rights of residents and administering authorities\nRetirement Villages Act 1995 16\n26 Right of administering authority to compensation where\nresident abandons premises\n(1) If a resident of a retirement village abandons the residential\npremises, the resident is liable to pay compensation to the\nadministering authority of the retirement village for any loss\n(including loss of rent) caused by the abandonment.\n(2) The administering authority shall take all reasonable steps to\nmitigate the loss and is not entitled to compensation for any loss\nthat could have been avoided by taking those steps.\n(3) The Court may, on application by the administering authority, order\nthe resident to pay to the authority such compensation (including\ncompensation for loss of rent) as it thinks fit.\n27 Goods abandoned by resident after residence contract is\nterminated\n(1) If a residence contract is terminated and goods are left on the\nresidential premises by a former resident of a retirement village, the\nadministering authority of the retirement village may:\n(a) apply to the Court for an order under this section; or\n(b) dispose of the goods in accordance with any provision made\nfor the purpose by the Regulations,\nor both.\n(2) The Court may, on application by an administering authority under\nthis section, make any one or more of the following orders:\n(a) an order authorising the removal, destruction or disposal of\nthe goods;\n(b) an order authorising the sale of the goods;\n(c) an order directing that notice of any action or proposed action\nin relation to the goods be given to the former resident or any\nother person;\n(d) an order as to the manner of sale of the goods;\n(e) an order as to the proceeds of sale of the goods;\n(f) any ancillary order which the Court, in the circumstances,\nthinks appropriate.\n\nPart 4 Proceedings before Court\nRetirement Villages Act 1995 17\n(3) A purchaser of goods sold by an administering authority in\naccordance with an order of the Court or the Regulations acquires a\ngood title to the goods in defeasance of the interest of the former\nresident or any other person who has an interest in the goods.\n(4) An administering authority does not incur any liability in respect of\nthe removal, destruction, disposal or sale of goods in accordance\nwith an order of the Court or the Regulations.\n28 Operation of termination provisions, &c.\nSections 13, 14, 22, 23, 24, 25, 26 and 27 and the rights of\ntermination of residence contracts and of recovery of possession of\nresidential premises under this Part are subject to any rights of a\nresident of a retirement village:\n(a) arising because the resident has the freehold of residential\npremises; or\n(b) acquired under a contract between the administering authority\nand the resident.\n29 Review of residence contract by Court\nWhere, in proceedings before the Court, there is evidence which\nsatisfies the Court that a residence contract or a part of a residence\ncontract is harsh and unconscionable or is otherwise such that a\nCourt of Equity would give relief, the Court may set aside the\nresidence contract, in whole or in part, or revise or alter the\nresidence contract as it thinks fit.\nPart 4 Proceedings before Court\n30 Limits on orders by Court\n(1) The Court shall not make orders under this Act that are:\n(a) inconsistent with any applicable code; or\n(b) inconsistent with a residence contract.\n(2) Subsection (1) does not apply to a provision of a residence contract\nthat contravenes section 39.\n\nPart 4 Proceedings before Court\nRetirement Villages Act 1995 18\n31 Extension of time\n(1) Notwithstanding any other provision of this Act, the Court may, of its\nown motion or on application by any person, extend or reduce the\nperiod of time for the doing of anything under an applicable code,\nthis Act or the Regulations.\n(2) An application under subsection (1) may be made even though the\nrelevant period of time has expired.\n32 Notice of hearing\n(1) The Court must cause notice of proceedings under this Act to be\ngiven to the following persons:\n(a) if a party to the proceedings has a guardian under the\nGuardianship of Adults Act 2016 – that guardian;\n(c) if a party to the proceedings has a registered enduring power\n(as defined in section 5 of the Powers of Attorney Act 1980) –\nthe donor of that power;\n(d) if the Court is aware that a party to the proceedings has a\ndecision maker (as defined in section 3 of the Advance\nPersonal Planning Act 2013) who has authority for matters\nrelevant to the proceedings – that decision maker.\n(2) The Court may cause notice of the proceedings to be given to any\nother person the Court thinks fit.\n33 Proceedings before Court\nThe Court or a registrar of the Court may, in respect of any\nproceedings or proposed proceedings before the Court under this\nAct, request a report or other assistance from the Commissioner,\nthe Chief Health Officer or any other person or body.\n34 Presentation of cases\n(1) The administering authority of a retirement village may, with the\napproval of the Court, be represented by the authority's agent in\nproceedings before the Court under this Act.\n(2) The Court shall not approve of an administering authority's agent\nrepresenting the authority in proceedings unless it appears to the\nCourt that the agent should be permitted to represent the authority\nin the course of carrying out his or her usual functions as the\nauthority's agent.\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 19\n35 Reference of certain matters concerning administering\nauthorities\nThe Court may, where it considers it appropriate, bring or cause to\nbe brought to the attention of the Commissioner the conduct of the\nadministering authority of a retirement village in a particular matter.\nPart 5 Miscellaneous\n36 Notation of Register\n(1) Where land is or is to be used as a retirement village, a record of\nthat fact shall be made in the Register.\n(2) The registered proprietor, within the meaning of the Land Title\nAct 2000, of land referred to in subsection (1) shall apply, in the\nprescribed form, to the Registrar-General for the recording in the\nRegister of the fact as required by that subsection:\n(a) if the retirement village was established before the\ncommencement of this Act, not later than 3 months after that\ncommencement; or\n(b) in any other case, before any person is admitted to occupation\nof residential premises of the retirement village or before any\nperson pays the whole or any part of a premium.\nMaximum penalty: 265 penalty units in the case of an\nindividual.\n1325 penalty units in the case of a body\ncorporate.\n(3) Where land is subject to the Unit Titles Act 1975, an application\nunder subsection (2) shall be made by the corporation constituted\nunder that Act for the units or building lots on the land.\n(3A) If the land is scheme land of a scheme as defined in the Unit Title\nSchemes Act 2009, the body corporate (as defined in that Act) of\nthe scheme must make an application under subsection (2) for the\nunits of the scheme.\n(4) The Registrar-General, on receiving an application under\nsubsection (2), shall notify each person who holds a registered\nmortgage, registered charge or registered encumbrance over land\nto which the application relates of the making of the application and\nthat the Registrar-General will make a record in the Register that\nthe land is or is to be used as a retirement village.\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 20\n(5) The Registrar-General shall, on making a record in the Register\nthat land is or is to be used as a retirement village, notify the owner\nof the land that the record has been made.\n(6) Where this section requires a notice to be given to a person, the\nrequirement is satisfied if the notice is:\n(a) given personally to the person;\n(b) sent by security post or certified post or by facsimile:\n(i) to the address for service noted in the Register;\n(ii) in the case of a corporation, either to that address or to\nthe address of the corporation's registered office for the\npurposes of the Corporations Act 2001; or\n(iii) where the address or addresses authorised by\nsubparagraphs (i) and (ii) appear to the Registrar-\nGeneral to be unsatisfactory, to any other address which\nthe Registrar-General may consider appropriate; or\n(c) published in such manner as the Registrar-General may\ndirect.\n36A Removal of notation from Register\n(1) This section applies if a record is made in the Register under\nsection 36(1) about land and the land is not used, or is not to be\nused, as a retirement village.\n(2) The registered proprietor of the land may apply, in the prescribed\nform, to the Registrar-General for removal of the record from the\nRegister.\n(3) The Registrar-General must give written notice about the\napplication, and his or her intention to remove the record, to each\nperson who holds a registered mortgage, registered charge or\nregistered encumbrance over land to which the application relates.\n(4) A person given a notice under subsection (3) may object, in the\nprescribed form, to the application.\n(5) The objection must be given to the Registrar-General within\n20 working days after the person is given the notice under\nsubsection (3).\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 21\n(6) If an objection is made on the grounds that the land is used, or is to\nbe used, as a retirement village, the Registrar-General must not\nremove the record from the Register unless the objection is\nwithdrawn.\n(7) If satisfied the land is not used, or is not to be used, as a retirement\nvillage, the Registrar-General must remove the record from the\nRegister.\n(8) The Registrar-General must give written notice to the owner of the\nland about the removal of the record within 5 working days after the\nremoval.\n(9) In this section:\nregistered proprietor means a registered proprietor as defined in\nsection 4 of the Land Title Act 2009.\nworking day means a day that is not a Saturday, Sunday or public\nholiday as defined in section 4(1) of the Public Holidays Act 1981.\n37 Insurance by administering authority\n(1) An administering authority of a retirement village shall insure and\nkeep insured all buildings and other improvements on the land\nwithin the retirement village for their replacement value from time to\ntime against all the following risks:\n(a) fire, lightning, tempest, earthquake and explosion;\n(b) riot, civil commotion, strikes and labour disturbances;\n(c) malicious damages;\n(d) bursting, leaking and overflowing of boilers, water tanks, water\npipes and associated apparatus;\n(e) impact of aircraft (including parts of, and object falling from\naircraft) and of road vehicles, horses and cattle.\n(2) An administering authority of a retirement village shall, on the\nwritten request of a resident, produce for inspection by the resident\na copy of the policy of insurance effected by the administering\nauthority in accordance with subsection (1) and the receipt for\npremiums paid under the policy.\n(3) Where an administering authority of a retirement village receives\ninsurance money in respect of damages to, or destruction of, any\nbuilding or improvement on the land within the retirement village, it\nshall, without delay, pay the money into a trust account and shall\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 22\napply the money only to rebuilding and reinstating the building or\nimprovement.\n(4) Notwithstanding subsection (3), the residents and the administering\nauthority of a retirement village may agree to insurance money\nreceived as a result of the damage or destruction of a building or\nimprovement being applied for a purpose other than the rebuilding\nor reinstatement of the building or the improvement.\n38 Money paid by residents to administering authority\n(1) Subject to subsection (2), where the residents of a retirement\nvillage are required by the residence contract to pay money to the\nadministering authority to pay for the maintenance of premises on\nthe land within the retirement village or to make provision for future\nliabilities and the replacement of capital items, the administering\nauthority shall pay the money into a trust account and may only\ninvest the money in such manner as trust funds may be invested\nunder the Trustee Act 1893.\n(2) Where the Minister is satisfied that:\n(a) an administrative authority has sufficient assets to meet its\nobligations concerning future liabilities under this Act; or\n(b) it is in the best interest of the residents of a retirement village,\nthe Minister may exempt an administrative authority from the\nrequirements of subsection (1).\n39 Contracting out prohibited\n(1) Except as provided by subsection (2), this Act has effect\nnotwithstanding anything to the contrary in any contract,\nagreement, scheme or arrangement, and no residence contract or\nother contract, agreement, scheme or arrangement (whether oral or\nwholly or partly in writing, and whether made or entered into before\nor after the commencement of this section) operates to annul, vary\nor exclude any of the provisions of this Act.\n(2) Nothing in subsection (1) derogates from the rights of a resident\narising out of a residence contract entered into before the\ncommencement of that subsection.\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 23\n(3) A person shall not enter into any contract, agreement, scheme or\narrangement with the intention, either directly or indirectly, of\ndefeating, evading or preventing the operation of this Act.\nMaximum penalty: 40 penalty units in the case of an individual.\n440 penalty units in the case of a body\ncorporate.\n40 Unauthorised use of retirement village prohibited\nA person shall not, in respect of a complex of residential premises\nor a proposed development of such a complex, use the term\nretirement village or words that may be taken to mean that the\ncomplex or proposed development is a retirement village unless the\ncomplex or proposed development is one to which this Act applies.\nMaximum penalty: 265 penalty units in the case of an\nindividual.\n1325 penalty units in the case of a body\ncorporate.\n41 Costs of administration\n(1) There shall be paid such contributions as is determined, from time\nto time, by the Minister primarily responsible for the administration\nof the Agents Licensing Act 1979 out of the Fidelity Fund\nestablished under that Act for payment of the costs of the\nadministration of this Act (including the costs of obtaining a report\nor other assistance from the Chief Health Officer).\n(2) Contributions referred to in this section shall be paid in the manner\ndetermined by the Treasurer.\n42 Disclosure of information\nA person shall not disclose any information obtained in connection\nwith the administration or execution of this Act unless the disclosure\nis made:\n(a) with the consent of the person from whom the information was\nobtained;\n(b) in connection with the execution of this Act;\n(c) for the purposes of any legal proceedings arising out of this\nAct or of any report of any such proceedings;\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 24\n(d) in accordance with a requirement imposed under the\nOmbudsman Act 2009; or\n(e) with other lawful excuse.\nMaximum penalty: 20 penalty units.\n43 Powers of authorised officers\nAn authorised officer may, at any time, enter and remain in a\nretirement village for the purpose of:\n(a) observing the operations of the retirement village;\n(b) recording the operations of the retirement village; and\n(c) ascertaining whether this Act, the Regulations or codes\napplying to the retirement village are being complied with.\n(2) A person shall not, without reasonable excuse, obstruct or hinder\nan authorised officer in the exercise of his or her powers under this\nAct.\n44 Application of Consumer Affairs and Fair Trading Act 1990 to\ncodes prescribed under this Act\nThe Consumer Affairs and Fair Trading Act 1990 applies to and in\nrelation to a code prescribed under this Act as if the code were a\ncode prescribed under that Act.\n45 Offences by corporations\n(1) If a corporation contravenes any provision of this Act or the\nregulations, each person who is a director of the corporation or who\nis concerned in the management of the corporation shall be taken\nto have contravened the same provision if the person knowingly\nauthorised or permitted the contravention.\n(2) A person may be proceeded against and convicted under a\nprovision pursuant to subsection (1) whether or not the corporation\nhas been proceeded against or been convicted under that\nprovision.\n(3) Nothing in this section affects any liability imposed on a corporation\nfor an offence committed by the corporation against this Act or the\nRegulations.\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 25\n46 Offences\nA person who is in any way, directly or indirectly, knowingly\nconcerned in, or party to, the contravention by a person of a\nprovision of this Act or the Regulations is guilty of an offence\nagainst this Act or the Regulations and liable to the same penalty\nas a person who contravenes the provision.\n47 Service of documents\n(1) A notice or other document required to be given under this Act to a\nresident of a retirement village may be given:\n(a) by delivering it personally to the resident;\n(b) by delivering it to the residential premises occupied by the\nresident and by leaving it there with some person apparently\nof or above the age of 16 years for the resident;\n(c) by sending it by post to the residential premises occupied by\nthe resident and addressed to the resident; or\n(d) in such other manner as may be prescribed for the purposes\nof this section or approved by the Court.\n(2) A notice or other document required to be given to the\nadministering authority of a retirement village under this Act may be\ngiven:\n(a) by delivering it personally to the authority's agent;\n(b) by sending it by post to the authority's usual place of business;\n(c) by sending it by facsimile transmission to the authority's usual\nplace of business; or\n(d) in such other manner as may be prescribed for the purposes\nof this section or approved by the Court.\n48 Codes of practice\n(1) A code shall be developed, implemented and administered having\nregard to:\n(a) clarifying the rights and obligations of residents and the\nadministering authorities of retirement villages;\n(b) the need to ensure that persons entering into a residence\ncontract are provided with all information necessary to make\nan informed decision regarding his or her future needs as a\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 26\nresident of the retirement village and of the circumstances in\nwhich the person may cease to be a resident; and\n(c) where the residence contract imposes ongoing financial\nobligations on the residents of a retirement village to the\nadministering authority in respect of the operation of the\nretirement village, the need to ensure that residents are\nprovided with sufficient financial information and determinative\nrights in order to be able to participate in decisions concerning\nthe matters for which there is an ongoing financial obligation.\n(2) A code shall contain provisions relating to:\n(a) the rights of residents of retirement villages to privacy;\n(b) ensuring that residence contracts and documentation relating\nto retirement villages are clear, concise, complete and in plain\nlanguage;\n(c) the full disclosure of fees and financial information relating to\nretirement villages;\n(d) the full disclosure of details concerning the title to retirement\nvillages;\n(e) the cooling off period to be provided in residence contracts;\n(f) the full disclosure of all rights that the administering authorities\nhave regarding the relocation of residents of retirement\nvillages;\n(g) the full disclosure of financial rights of residents following the\nceasing (whether under a residence contract or this Act) of a\nresident's rights to reside in a retirement village;\n(h) the management of retirement villages;\n(j) the payment of money by residents of retirement villages to\nthe administering authority and the management, banking and\nuse of that money by the administering authority;\n(k) the procedure for terminating residence contracts and for\nensuring that residents are given adequate notice of and\nreasons for the proposed termination; and\n(m) the resolution of disputes between residents of retirement\nvillages and residents and administering authorities.\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 27\n49 Jurisdiction of Anti-Discrimination Commissioner\nNothing in this Act effects the jurisdiction of the Anti-Discrimination\nCommissioner appointed under the Anti-Discrimination Act 1992 to\ndeal with a complaint under that Act.\n50 Rules, &c., imposing restrictions based on whether persons\nare retired persons\n(1) Nothing in the Anti-Discrimination Act 1992 prevents a person\n(including a corporation established under the Unit Titles Act 1975)\nfrom developing and implementing rules, agreements and\ncontractual arrangements for the purposes of establishing and\noperating a retirement village that limit ownership and/or occupation\nof residential premises in the retirement village to retired persons.\n(2) A rule, agreement or contractual arrangement referred to in\nsubsection (1) shall have regard to the rights of family members\nand to visitors of a resident of a retirement village and to the laws of\ninheritance.\n51 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing all matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting the generality of subsection (1), the Regulations\nmay make provision for or with respect to:\n(a) codes of practice under this Act,\n(b) the service of notices or other documents under this Act or a\ncode;\n(c) goods abandoned or apparently abandoned by a resident of a\nretirement village;\n(d) fees to be paid under this Act; and\n(e) penalties, not exceeding 20 penalty units, for offences against\nthe Regulations.\n(3) The Regulations may exempt from the operation of this Act or any\nspecified provision of this Act any specified person, organisation,\nresidence contract or retirement village or any persons,\n\nPart 5 Miscellaneous\nRetirement Villages Act 1995 28\norganisations, residence contracts or retirement villages of a\nspecified class, either unconditionally or subject to conditions.\n\nENDNOTES\nRetirement Villages Act 1995 29\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRetirement Villages Act 1995 (Act No. 28, 1995)\nAssent date 26 June 1995\nCommenced 1 November 1995 (Gaz G44, 1 November 1995, p 3)\nStatute Law Revision Act 1997 (Act No. 17, 1997)\nAssent date 11 April 1997\nCommenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17,\n30 April 1997, p 2)\nLand Title (Consequential Amendments) Act 2000 (Act No. 45, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2,\n2000) and Gaz G38, 27 September 2000, p 2)\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo. 14, 2001) and Gaz G8, 27 February 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nOmbudsman Act 2009 (Act No. 5, 2009)\nAssent date 12 March 2009\nCommenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)\n\nENDNOTES\nRetirement Villages Act 1995 30\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nJustice Legislation Amendment Act 2010 (Act No. 24, 2010)\nAssent date 30 June 2010\nCommenced 21 July 2010 (Gaz G29, 21 July 2010, p 5)\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nPublic and Environmental Health Act 2011 (Act No. 7, 2011)\nAssent date 16 March 2011\nCommenced 1 July 2011 (Gaz S28, 3 June 2011)\nAdvance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013)\nAssent date 19 December 2013\nCommenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2);\nrem: 17 March 2014 (Gaz S14, 17 March 2014)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nAdvance Personal Planning Amendment Act 2016 (Act No. 13, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act\nNo. 15, 2016) and Gaz S74, 27 July 2016, p 1)\nGuardianship of Adults Act 2016 (Act No. 15, 2016)\nAssent date 7 June 2016\nCommenced 28 July 2016 (Gaz S74, 27 July 2016, p 1)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 11, 12, 32, 36, 36A, 38,\n41, 42, 44, 49 and 50.\n\nENDNOTES\nRetirement Villages Act 1995 31\n4 LIST OF AMENDMENTS\ns 3 amd No. 17, 1997, s 17; No. 45, 2000, s 11; No. 1, 2004, s 62; No. 14, 2009,\ns 157; No. 7, 2011, s 140\ns 12 amd No. 45, 2000, s 11; No. 14, 2009, s 158; No. 26, 2020, s 3\ns 13 amd No. 17, 1997, s 17\ns 15 amd No. 17, 1997, s 17\ns 22 amd No. 12, 2010, s 3\ns 23 amd No. 8, 2016, s 45\ns 32 sub No. 36, 2013, s 129\namd No. 15, 2016, s 117; No. 13, 2016, s 35\ns 33 amd No. 17, 1997, s 17; No. 8, 2016, s 45\ns 36 amd No. 45, 2000, s 11; No. 15, 2001, s 11; No. 17, 2001, s 21; No. 14,\n2009, s 159; No. 12, 2010, s 3\ns 36A ins No. 24, 2010, s 13\nss 39 – 40 amd No. 12, 2010, s 3\ns 41 amd No. 17, 1997, s 17\ns 42 amd No. 5, 2009, s 179; No. 12, 2010, s 3\ns 51 amd No. 38, 2010, s 3","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[{"severity":"high","section_a":"36A(6)","section_b":"36A(7)","confidence":0.98,"description":"If an objection alleges that the land is or will be used as a retirement village, subsection (6) prohibits removal of the record unless the objection is withdrawn. Subsection (7) nevertheless requires removal if the Registrar-General is satisfied that the land is not and will not be so used. An unwithdrawn objection and contrary satisfaction can coexist, producing simultaneous duties not to remove and to remove.","source_quotes":["If an objection is made on the grounds that the land is used, or is to be used, as a retirement village, the Registrar-General must not remove the record from the Register unless the objection is withdrawn.","If satisfied the land is not used, or is not to be used, as a retirement village, the Registrar-General must remove the record from the Register."]}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"On the text provided, the Act's substantive scope remains directed at retirement villages to which a code applies and those ordinarily occupied by retired persons. The Act preserves Ministerial power to exempt specified villages or provisions (s5(2)) but does not itself expand or narrow the core coverage of retirement villages beyond that framework."},"complexity_factors":["Cross‑legislative references and interaction with Land Title, Unit Titles and Consumer Affairs Acts (s3, ss3(3)–(4), s44)","Broad discretionary powers for Ministerial exemptions (s5) and Commissioner functions/delegations (ss6–9)","Extensive court remedial scheme with multiple termination grounds and remedies (ss13, 15–21, 29–31)","Financial and property mechanisms: premiums, recurrent charges, statutory overriding charges and Court‑approved enforcement (s3 definitions; ss12(4)–(8))","Trust account and investment obligations for resident funds and insurer routing (ss37–38)","Detailed procedural and enforcement rules (registration/notation requirements ss36–36A; possession enforcement ss22–24; disposal of abandoned goods s27)","Codes of practice creating substantive obligations and standards with Consumer Affairs application (s48, s44)","Criminal and civil penalties for non‑compliance and corporate liability provisions (ss39–46)","Notice and service rules and mandatory inclusions in Court process (ss31–34, s32)","Potential overlap of private contract terms with statutory minimums and anti‑contracting out rule (s39)"],"plain_english_summary":"This Act creates a legal framework for retirement villages in the Northern Territory: it defines residents and administering authorities, requires registration and insurance, controls how residents pay and how their monies are held, gives the Commissioner complaint, investigatory and litigation powers, and gives courts specific remedies for disputes and termination of occupation. It affects residents, village operators, mortgagees and the courts. The Act changes behaviour by imposing compliance duties (insurance, trust accounts, disclosure), financial liabilities (compensation, charges on land) and administrative discretion (Ministerial exemptions (s5), Commissioner powers (s6))."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1995 Act focused primarily on contractual protections and dispute resolution. Over 25 years of amendments, the scope has expanded significantly to include: (1) detailed land title registration and notation requirements (sections 36, 36A added 2000-2010); (2) integration with the Unit Title Schemes Act 2009 for modern strata-title villages; (3) enhanced protections for cognitively impaired residents through guardianship and advance personal planning amendments (2013, 2016); (4) specific insurance and trust account obligations for operators; and (5) anti-discrimination carve-outs allowing age-based restrictions. The Act has evolved from a simple consumer protection statute into a comprehensive regulatory regime intersecting property law, elder law, and corporate governance."},"complexity_factors":["Multiple overlapping legislative frameworks: integrates with Unit Titles Act 1975, Unit Title Schemes Act 2009, Land Title Act 2000, Consumer Affairs and Fair Trading Act 1990, and various guardianship/power of attorney laws","Conditional eviction pathways: four distinct statutory grounds for termination (medical, breach, serious damage, undue hardship) each with different procedural requirements and judicial discretions","Nested exceptions: section 39 'contracting out' prohibition contains its own exception for pre-commencement contracts; section 30 limits on court orders excludes section 39 contraventions","Dual court jurisdiction: complex split between Local Court and Supreme Court based on monetary limits and party consent (section 3(5))","Land title registration mechanics: detailed provisions for Register notation (sections 36, 36A) including objection procedures, mortgagee notifications, and prescribed forms","Defined terms with internal exclusions: 'premium' excludes recurrent charges and regulation-excluded payments; 'administering authority' includes unit title bodies corporate with special meeting rules","Cross-referenced enforcement: bailiff powers for possession orders (section 23) reference prescribed forms not contained in the Act itself","Protective provisions requiring external reports: medical termination (section 15) and accommodation transfer disputes (section 13(10)) require Chief Health Officer or practitioner reports"],"plain_english_summary":"This is the Northern Territory's law that regulates retirement villages — complexes where older people (aged 55+ or retired from full-time work) live under special contracts.\n\n**What it does:**\n- **Protects residents** by setting rules for contracts, evictions, and disputes. Residents get strong security of tenure — they can only be forced out in limited circumstances (death, abandonment, voluntary termination, or by court order).\n- **Regulates operators** (called \"administering authorities\") by requiring them to insure buildings, hold residents' money in trust accounts, and register the village on the land titles register.\n- **Creates a dispute resolution system** through the Commissioner of Consumer Affairs and the courts. The Commissioner can investigate complaints and even take court action on a resident's behalf.\n- **Controls evictions strictly**. An operator cannot simply kick someone out — they must apply to court on specific grounds (medical unsuitability, breach of contract/rules, serious damage/injury, or \"undue hardship\" to the operator). Even then, courts can suspend eviction orders if hardship to the resident outweighs other concerns.\n- **Bans unfair contracts**. Residents cannot sign away their rights under this law, and courts can strike down \"harsh and unconscionable\" contract terms.\n\n**Who it affects:**\n- **Residents** of retirement villages and their families\n- **Village operators/owners** (including body corporates under unit title schemes)\n- **The Commissioner of Consumer Affairs**, who enforces the Act\n- **Courts** (Local Court and Supreme Court), which handle disputes and eviction applications\n\n**Why it matters:**\nOlder Australians moving into retirement villages often pay large upfront fees (\"premiums\") and lose home-ownership rights. This law prevents operators from exploiting that vulnerability by ensuring transparency, limiting arbitrary eviction, and guaranteeing residents can recover their money through charges on the village land if the operator goes bust."}},"importantCases":[],"_links":{"self":"/api/acts/retirement-villages-act-1995","history":"/api/acts/retirement-villages-act-1995/history","analysis":"/api/acts/retirement-villages-act-1995/analysis","conflicts":"/api/acts/retirement-villages-act-1995/conflicts","importantCases":"/api/acts/retirement-villages-act-1995/important-cases","documents":"/api/acts/retirement-villages-act-1995/documents"}}