{"id":"a-2012-38","name":"Retirement Villages Act 2012","slug":"retirement-villages-act-2012","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"38 of 2012","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24236,"registerId":"act-a-2012-38-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"3 Consent requiring special resolution 196","content":"Part 1.3 Consent requiring special resolution 196\n1.5 Written ballot required for special resolution 196\n1.6 How special resolution is carried 196\nDictionary 197\n1 About the endnotes 205\n2 Abbreviation key 205\n3 Legislation history 206\n4 Amendment history 210\n5 Earlier republications 227\n6 Expired transitional or validating provisions 230\n\nAn Act to regulate retirement villages, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Retirement Villages Act 2012.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘development approval—see the\nPlanning Act 2023, dictionary.’ means that the term ‘development\napproval’ is defined in that dictionary and the definition applies to this\nAct.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe objects of this Act are to—\n(a) set out particular rights and obligations of residents and\noperators of retirement villages; and\n(b) facilitate the disclosure of information to prospective residents\nof retirement villages; and\n(c) require contracts between residents and operators of retirement\nvillages to contain full details of the rights and obligations of the\nparties; and\n(d) facilitate participation by residents, who want to be involved, in\nthe management of retirement villages; and\n(e) establish appropriate mechanisms for resolving certain disputes\nbetween residents and operators of retirement villages; and\n(f) encourage the retirement village industry to adopt best practice\nmanagement standards.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of operator","content":"7 Meaning of operator\noperator, of a retirement village—\n(a) means the person who, alone or with someone else, manages or\ncontrols the retirement village; and\n(b) includes—\n(i) a person for the time being managing or controlling the\n(ii) a person (other than a resident or other person mentioned\nin section 8 (Meaning of residence right) who owns land\nin the village; and\n\n(iii) a person mentioned in section 15A (1) (d) (Application to\nresidents and operators of former retirement villages); and\n(iv) any other person prescribed by regulation; but\nNote Power to make a regulation in relation to a matter includes power\nto make provision in relation to a class of matter (see Legislation\nAct, s 48 (2)).\n(c) does not include—\n(i) the body corporate of a community title scheme or the\nowners corporation for a units plan; or\n(ii) the managing agent of a community title scheme or units\n(iii) any person excluded from this definition by regulation.\n(2) If there is more than 1 operator for a retirement village, it is sufficient\ncompliance with a requirement of this Act if—\n(a) any of the operators exercises the functions of an operator under\nthis Act; and\n(b) any notice or other document required to be given to the operator\nunder this Act is given to any of the operators.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\nbody corporate, of a community title scheme—see the Community\nTitle Act 2001, dictionary.\n\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of residence right","content":"8 Meaning of residence right\nresidence right, in relation to residential premises in a retirement\nvillage, means—\n(a) a person’s right to occupy the residential premises under a\ncontract—\n(i) under which the person bought the residential premises; or\n(ii) under which the person bought shares entitling the person\nto occupy the residential premises; or\n(iii) in the form of a lease, licence, arrangement or agreement\nof any kind (other than a residential tenancy agreement)—\n(A) entered into under division 10.5 (Sale or letting of\npremises by certain residents); or\n(B) that contains a term to the effect that this Act does not\napply to the residential premises; or\n(iv) under which the person lends money to the operator of the\nvillage in consideration for, or in expectation of, the right\nto occupy the residential premises; or\n(v) prescribed by regulation; or\n(b) any other right prescribed by regulation.\nNote The contract that gives rise to a residence right is a residence contract,\nand a residence contract is a village contract (see dict).\n(2) For the definition of residence right, it does not matter if the person\nwho acquired the right (the acquirer)—\n(a) is a corporation, if the residential premises is intended for use by\nan individual; or\n(b) acquires it for the purposes of allowing another person to live in\nthe residential premises instead of the acquirer.\n\n(3) If subsection (2) applies, a retired person who lives in the residential\npremises with the acquirer’s consent is taken to have the residence\nright.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of sale, sale price and contract for the sale of","content":"9 Meaning of sale, sale price and contract for the sale of\nresidential premises\nIn this Act, a reference to the sale, the sale price, or a contract for the\nsale, of residential premises in a retirement village that was or is to\nbe occupied under a company title scheme is a reference to the sale,\nthe sale price, or a contract for the sale, of the residence right in\nrelation to the residential premises.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Meaning of retirement village","content":"10 Meaning of retirement village\nretirement village—\n(a) means a complex containing residential premises that are—\n(i) predominantly or exclusively occupied, or intended to be\npredominantly or exclusively occupied, by retired people\nwho have entered into village contracts with an operator of\nthe complex; or\n(ii) prescribed by regulation; but\n(b) does not include any of the following:\n(i) a residential care home provided by a registered provider;\n(ii) a mobile home park;\n(iii) residential premises that are the subject of a residential\ntenancy agreement to which the housing commissioner is a\nparty;\n(iv) a boarding house;\n\n(v) accommodation provided in a complex for employees of\nthe complex who are not residents of the retirement village;\n(vi) residential premises that are the subject of a residential\ntenancy agreement—\n(A) to which the operator of a retirement village is a party;\nand\n(B) that contains a term to the effect that this Act does not\napply to the premises;\n(vii) any other place prescribed by regulation.\nmobile home park—see the Residential Tenancies Act 1997,\ndictionary.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of ingoing contribution","content":"11 Meaning of ingoing contribution\nIn this Act:\ningoing contribution—\n(a) means—\n(i) an amount payable by or on behalf of a person to the\noperator of a retirement village under a residence contract;\nor\n(ii) any other amount paid by or on behalf of a person to the\noperator of a retirement village in consideration for, or in\nexpectation of, the person or someone else becoming a\nresident of the village; but\n(b) does not include the following:\n(i) a waiting list fee;\n(ii) a recurrent charge;\n\n(iii) if the resident is the registered proprietor of a lease, the\nowner of a unit in a units plan or the owner of a lot in a\ncommunity title scheme where the residential premises are\nlocated—the purchase price of the land or lot;\n(iv) if the person owns shares in a company title scheme that\ngive rise to a residence right in relation to the residential\npremises—the purchase price of the shares;\n(v) a payment prescribed by regulation.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of registered interest holder and registered long-","content":"12 Meaning of registered interest holder and registered long-\nterm sublessee\nregistered interest holder—a person is a registered interest holder in\nrelation to residential premises in a retirement village if—\n(a) the person—\n(i) is 1 of the following:\n(A) the registered proprietor of land in the retirement\n(B) the owner of a unit in a units plan in the retirement\n(C) the owner of a lot in a community title scheme in the\n(ii) has a residence right in relation to residential premises in\nthe retirement village; or\n(b) the person owns shares in a company title scheme that give rise\nto a residence right in relation to residential premises in the\nretirement village; or\n\n(c) the person is a registered long-term sublessee.\nregistered long-term sublessee, of residential premises in a\nretirement village, means a person whose residence contract is in the\nform of a registered long-term sublease if—\n(a) the sublease includes a provision that entitles the person to at\nleast 50% of any capital gain; or\n(b) the person is otherwise entitled under a contract, an agreement\nor other arrangement to at least 50% of any capital gain.\nregistered long-term sublease means a sublease (however described)\nregistered under the Land Titles Act 1925 that—\n(a) has a term of at least 50 years (including any option to renew);\nor\n(b) is for the life of the lessee.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Meaning of capital gain","content":"13 Meaning of capital gain\ncapital gain, in relation to a resident’s entitlement under a residence\ncontract or the sharing of a capital gain under a village contract\nbetween the operator and a resident—\n(a) means any increase between the amount the resident paid for the\nresidence right for the residential premises and the amount that\nthe next resident pays for a residence right for the same\npremises; but\n(b) does not include any costs associated with the subsequent sale\nor lease of the premises.\n(2) The amount of fees and charges payable under a village contract are\nnot to be included in working out the amount of a capital gain.\n\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of permanently vacated residential premises","content":"14 Meaning of permanently vacated residential premises\n(1) For this Act, a person has permanently vacated residential premises\nin a retirement village when—\n(a) vacant possession of the person’s residential premises is\ndelivered up to the operator of the village by or on behalf of the\nperson following the person’s vacation of the premises; or\n(b) the executor or administrator of the person’s estate delivers up\nvacant possession of the person’s residential premises to the\noperator of the village following the person’s death; or\n(c) the ACAT makes an order under section 198 (Abandoned\npremises) declaring that the person’s residential premises were\nabandoned by the person; or\n(d) if the person is a registered interest holder in relation to\nresidential premises or is taken to be a resident of the premises\nunder section 8 (3) (Meaning of residence right)—the person\ndies or moves out of the premises.\n(2) For subsection (1) (c), the person is taken to have permanently\nvacated the residential premises on the day stated in the order.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Consent of residents","content":"15 Consent of residents\n(1) The residents of a retirement village may consent to a proposed\nmeasure or action relating to the village under this Act in the way set\nout in schedule 1 (Consent of residents).\n(2) The residents or operator of the retirement village may apply to the\nACAT for an order about the validity of the consent if the residents\nor operator considers that—\n(a) the residents consent in relation to a particular matter has been\nobtained otherwise than as set out in schedule 1; or\n\n(b) the residents votes were inaccurately counted.\n(3) On application, the ACAT may make an order—\n(a) declaring that the consent was validly obtained; or\n(b) setting aside the purported consent and directing that the\nresidents vote again on the proposed measure or action.\n","sortOrder":14},{"sectionNumber":"15A","sectionType":"section","heading":"Application to residents and operators of former","content":"15A Application to residents and operators of former\n(1) This Act applies to the following people in relation to the occupation\nof a former retirement village even though the former retirement\nvillage is no longer a retirement village:\n(a) a retired person who continues to occupy residential premises in\na former retirement village that was a retirement village when\nthe retired person took up residence in the premises;\n(b) a retired person who has a right to occupy residential premises\nin a former retirement village that was a retirement village when\nthe right was obtained;\n(c) a former occupant of a former retirement village who continues\nto have rights or liabilities under the contract, agreement or\narrangement under which the occupant occupied (or had the\nright to occupy) the residential premises in the former retirement\nvillage when it was a retirement village;\n(d) the person who is the other party to the contract, agreement or\narrangement under which the retired person occupies or\noccupied (or has or had the right to occupy) the residential\npremises in the former retirement village.\nNote Operator includes a person mentioned in s (1) (d) (see s 7).\nResident includes a person mentioned in s (1) (a), (b) or (c) (see dict).\n(2) However, this Act does not apply in relation to a place mentioned in\nsection 10 (1) (Meaning of retirement village), definition of\nretirement village, paragraph (b).\n\nformer retirement village means a complex that was previously, but\nis no longer, a retirement village.\n\n","sortOrder":15},{"sectionNumber":"Part 3","sectionType":"part","heading":"Representations and information","content":"Part 3 Representations and information\nabout retirement villages\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Advertising or promoting village before development","content":"16 Advertising or promoting village before development\napproval given\n(1) A person commits an offence if—\n(a) the person—\n(i) advertises, or otherwise promotes, a retirement village; or\n(ii) advertises the sale of residential premises, or the right to\noccupy residential premises, in a retirement village; and\n(b) the development of the retirement village requires development\napproval; and\n(c) development approval has not been received for the\ndevelopment of the retirement village; and\n(d) the advertisement or other promotion mentioned in\nparagraph (a) (i) or (ii) does not disclose to a prospective\nresident that development approval has not been received for\ndevelopment of the retirement village.\nNote See the Planning Act 2023, ch 7 for when development approval is\nrequired for certain developments.\n(2) A person commits an offence if—\n(a) the person enters into a village contract for a retirement village\nwith a prospective resident; and\n(b) the development of the retirement village requires development\napproval; and\n\n(c) development approval has not been received for the\ndevelopment of the retirement village.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Advertising without approval for facilities","content":"17 Advertising without approval for facilities\n(a) advertises or otherwise represents that a residential care home\nis, or will be, associated with the village; and\n(b) has not received all the authorisations required by law for the\nresidential care home.\noperator, of a retirement village, includes a person intending to carry\nout development of a retirement village.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Exceptions to prohibitions on advertising","content":"18 Exceptions to prohibitions on advertising\nSection 16 and section 17 do not apply to a person if the person—\n(a) carries out market surveys in relation to a proposed retirement\nvillage before the person receives development approval for the\ndevelopment; or\n(b) carries out market surveys in relation to a proposed residential\ncare home in connection with a retirement village before the\nperson receives all the authorisations required by law for the\nfacility; or\n\n(c) gives public notice of, or otherwise advertises, a development\napplication relating to a proposed retirement village or a\nproposed residential care home in accordance with the Planning\nAct 2023.\nmentioned in this section (see Criminal Code, s 58).\n","sortOrder":19},{"sectionNumber":"19","sectionType":"section","heading":"Representation that complex is retirement village","content":"19 Representation that complex is retirement village\n(1) A person commits an offence if—\n(a) the person manages or controls a complex containing residential\n(b) the person represents that the complex is a retirement village;\nand\n(c) the complex is not a retirement village.\n","sortOrder":20},{"sectionNumber":"20","sectionType":"section","heading":"Giving information inconsistent with disclosure","content":"20 Giving information inconsistent with disclosure\nstatement\n(a) the operator gives information about the village to a prospective\nresident of the village; and\n(b) the information is inconsistent with information in the disclosure\nstatement for the village given to the prospective resident.\nNote See s 24 for what must be included in a disclosure statement for a\n\n","sortOrder":21},{"sectionNumber":"21","sectionType":"section","heading":"Information about services and facilities","content":"21 Information about services and facilities\n(a) the operator tells a prospective resident of the village that—\n(i) a service is provided for residents at the village; or\n(ii) a facility is available at the village; or\n(iii) a service or facility is associated with the village; and\n(b) the service or facility is not provided or available at, or\nassociated with, the village.\n(2) The operator of a retirement village commits an offence if—\n(a) the operator tells a prospective resident of the village that a\nservice or facility is to be provided to, or made available by the\noperator at, the village or to the residents in the future; and\n(b) the operator enters into a village contract with the prospective\nresident; and\n(c) the village contract does not state—\n(i) that the service or facility is to be provided to, or made\navailable by the operator at, the village or to the residents;\nor\n(ii) the day by when the service or facility is to be provided or\nmade available.\n\n(4) A resident of a retirement village may apply to the ACAT for an order\ndirecting the operator of the village to pay compensation to the\nresident if a service or facility mentioned in the resident’s village\ncontract is not provided or made available—\n(a) by the date stated in the contract; or\n(b) if the contract does not state a date—within a reasonable time.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Making certain representations—promotional material","content":"22 Making certain representations—promotional material\n(a) the operator publishes or distributes written promotional\nmaterial about the village; and\n(b) the material includes any of the following representations in\nrelation to the village:\n(i) that a person is likely to obtain a capital gain when the\nperson vacates the village;\n(ii) an estimation of possible amendments of future recurrent\ncharges;\n(iii) an estimation of the future size of the village;\n(iv) a representation in relation to future ownership of the\nNote Any advertising, and promotional and sales material, relating to a\nretirement village must also comply with the Fair Trading (Australian\nConsumer Law) Act 1992 and the Competition and Consumer Act 2010\n(Cwlth).\n(3) Subsection (1) (b) (ii) does not apply if the village contract provides\nfor recurrent charges to be amended in accordance with a fixed\nformula.\n\n(4) Subsection (1) (b) (iii) does not apply if the representation is made in\nrelation to development where construction is underway and a\ncompletion date for the development is known.\n(5) Subsection (1) (b) (iv) does not apply if, when the representation is\nmade, a contract to transfer ownership of the retirement village has\nbeen entered into.\nmentioned in s (3), (4) and (5) (see Criminal Code, s 58).\n(6) Promotional material to which subsection (5) applies may include\ndetails about the contract for the transfer of ownership of the\n","sortOrder":23},{"sectionNumber":"22A","sectionType":"section","heading":"Making certain representations—aged care services","content":"22A Making certain representations—aged care services\noperator makes an express or implied representation (whether oral or\nin writing) that—\n(a) the village is a registered provider of a residential care home; or\n(b) residents of the village have priority access to a residential care\nhome provided by a registered provider.\nNote 1 Any advertising, promotional or sales material relating to a retirement\nvillage must also comply with the Fair Trading (Australian Consumer\nLaw) Act 1992 and the Competition and Consumer Act 2010 (Cwlth).\nNote 2 Section 10 (1), def retirement village, par (b) (i) excludes residential care\nhomes from that definition.\n\n(3) To remove any doubt, an operator does not make a representation for\nsubsection (1) merely by giving an explanation or statement of—\n(a) how the services of the retirement village differ from residential\ncare services given to a prospective resident under section 23\n(General inquiry document) or section 24 (Disclosure\nstatement); or\n(b) the fact that a residential care home is associated with the\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"General inquiry document","content":"23 General inquiry document\n(1) The operator of a retirement village must give a general inquiry\ndocument to a prospective resident within 14 days after the day the\nprospective resident—\n(a) requests a copy of the document; or\n(b) expresses an interest in the village.\nNote For how documents may be given, see the Legislation Act, pt 19.5.\n(2) The general inquiry document must comply with any requirement\nNote Power to make a statutory instrument (including a regulation) includes\npower to make different provision for different categories (see\nLegislation Act, s 48).\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Disclosure statement","content":"24 Disclosure statement\n(1) The operator of a retirement village must give a disclosure statement\nto a prospective resident within 14 days after the day the prospective\nresident—\n(a) requests a copy of the document; or\n(b) expresses an interest in particular premises in the village.\n\n(3) The disclosure statement must comply with any requirement\nNote 1 Power to make a statutory instrument (including a regulation) includes\npower to make different provision in relation to different matters or\ndifferent classes of matters (see Legislation Act, s 48).\nNote 2 For how documents may be given, see the Legislation Act, pt 19.5.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Failure to attach disclosure statement to village contract","content":"25 Failure to attach disclosure statement to village contract\n(a) enters into a village contract with a prospective resident; and\n(b) fails to attach a copy of the disclosure statement to the village\ndisclosure statement includes a disclosure statement amended in\nwriting and signed by the prospective resident.\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Entering into village contract less than 14 days after","content":"26 Entering into village contract less than 14 days after\ngiving disclosure statement\n(a) gives a prospective resident of the retirement village a disclosure\nstatement in relation to the village; and\n(b) enters into a village contract with the prospective resident less\nthan 14 days after giving the prospective resident the disclosure\nstatement.\n\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"Orders for provision of general inquiry document or","content":"27 Orders for provision of general inquiry document or\ndisclosure statement\n(1) This section applies if the operator of a retirement village fails to give\na copy of the general inquiry document or disclosure statement\nrelating to the village to a prospective resident in accordance with this\npart.\n(2) The prospective resident may apply to the ACAT for an order\ndirecting the operator to give the prospective resident a copy of the\ngeneral inquiry document or disclosure statement.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Information to be given to prospective residents","content":"28 Information to be given to prospective residents\n(1) The director-general may approve the form and content of\ninformation that the operator of a retirement village must give to a\nprospective resident of the retirement village.\n(2) An approval is a notifiable instrument.\n(3) Without limiting subsection (1), the information approved by the\ndirector-general may relate to any of the following:\n(a) the retirement industry generally;\n(b) the rights and responsibilities of residents of retirement villages;\n(c) living in a unit of a units plan.\n(4) The operator must give the approved information in the approved\nform to a prospective resident when, or before, the general inquiry\ndocument is given to the prospective resident.\n(5) The operator commits an offence if the operator does not comply with\nsubsection (4).\n\n(6) An offence against subsection (5) is a strict liability offence.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Copies of certain documents to be made available","content":"29 Copies of certain documents to be made available\n(1) The operator of a retirement village must make available at the village\nor a place of business in the ACT, for inspection at all reasonable\ntimes by a prospective resident, copies of the following:\n(a) a site plan for the village;\n(b) plans showing the location, floor plan and significant\ndimensions of residential premises available in the village;\n(c) the proposed annual budgets (if any) and the approved annual\nbudgets for—\n(i) each of the last 3 financial years of the village; and\n(ii) the current financial year; and\n(iii) the next financial year (if budgets in relation to that year\nare available);\n(d) the accounts of the village, audited if required under division 7.5\n(Annual accounts), for the last 3 financial years (excluding,\nduring the first 4 months of a financial year, the immediately\npreceding financial year if the accounts for that year are not\navailable);\n(e) examples of all village contracts that an incoming resident may\nbe required to enter into;\n(f) the trust deed for any trust fund into which money paid by the\nresidents is deposited;\n(g) the village rules;\n(h) the terms of the development approval, if any, for the village,\nif—\n(i) construction of the village is not complete; or\n\n(ii) it is a condition of the development approval that a\nparticular service or facility be provided for the life of the\n(i) if there is a capital works fund established for the village—\nstatements of the balance in the fund as at the end of—\n(i) each of the last 3 financial years of the village; and\n(ii) the most recent quarter;\n(j) if the operator is required to provide the residents with quarterly\naccounts—the most recent quarterly accounts of the income and\nexpenditure of the village;\n(k) any other documents relating to the village, and to retirement\nvillages generally, prescribed by regulation.\nNote Section 258 prohibits the operator of a retirement village from charging\nfor making a document mentioned in s (1) available.\n(3) If the village has been in operation for 3 years or less, the documents\nmentioned in subsection (1) (c), (d) and (i) must relate to each\nfinancial year that the village has been in operation.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"Certain documents to be given on request","content":"30 Certain documents to be given on request\n(1) If a prospective resident of a retirement village asks the operator of\nthe village to post or otherwise give the person a copy of a document\nmentioned in section 29 (1) (a) to (j), the operator must post or\notherwise give a copy of the document to the prospective resident\nwithin 7 days after the prospective resident asks for it.\n(2) The operator of the village commits an offence if the operator does\nnot comply with subsection (1).\n\n(3) An offence against subsection (2) is a strict liability offence.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"Orders for documents","content":"31 Orders for documents\n(1) This section applies if the operator of a retirement village does not—\n(a) have the documents mentioned in section 29 (Copies of certain\ndocuments to be made available) available for inspection by a\nprospective resident of the village; or\n(b) comply with a request under section 30 (Certain documents to\nbe given on request).\n(2) A prospective resident may apply to the ACAT for an order directing\nthe operator to comply with section 29 or a request under section 30.\n\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"Definitions—pt 4","content":"32 Definitions—pt 4\nholding deposit means money paid by or on behalf of a prospective\nresident to the operator of a retirement village in consideration for not\noffering particular residential premises in the village to any other\nperson pending the prospective resident’s entering into a residence\ncontract with the operator.\ntrustee means—\n(a) the public trustee and guardian; or\n(b) the lawyer for an operator of a retirement village; or\n(c) a real estate agent; or\n(d) a licensed trustee company under the Corporations Act,\nsection 601RAA; or\n(e) someone else prescribed by regulation.\nwaiting list fee, for a retirement village, means any amount paid to\nthe operator of the village, other than—\n(a) an ingoing contribution; or\n(b) a holding deposit; or\n(c) a payment under a village contract in relation to the village.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"Requesting or accepting waiting list fees","content":"33 Requesting or accepting waiting list fees\noperator requests or accepts payment of a waiting list fee from a\nperson.\n\n(3) Subsection (1) does not apply if—\n(a) the fee is not more than $200, or another amount prescribed by\nregulation; and\n(b) the operator has a written policy setting out the way the waiting\nlist operates; and\n(c) the operator gives the person who pays the waiting list fee, when\npayment is made—\n(i) a copy of the policy; and\n(ii) a receipt for the payment.\nNote The operator has an evidential burden in relation to the matters mentioned\nin s (3) (see Criminal Code, s 58).\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"Repayment of waiting list fees—prospective resident","content":"34 Repayment of waiting list fees—prospective resident\nenters village contract\n(a) a waiting list fee for a retirement village was paid by or on behalf\nof a prospective resident; and\n(b) the prospective resident later enters into a village contract in\nrelation to the village.\n(2) The operator of a retirement village must refund the waiting list fee\nto the person who paid the fee.\n(3) Subsection (2) does not apply if—\n(a) an ingoing contribution is payable in relation to the retirement\n(b) the operator deducts the waiting list fee from the ingoing\ncontribution.\n\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Repayment of waiting list fees—prospective resident","content":"35 Repayment of waiting list fees—prospective resident\ndoes not enter village contract\n(a) a waiting list fee for a retirement village was paid by or on behalf\nof a prospective resident; and\n(b) the prospective resident does not later enter into a village\ncontract in relation to the retirement village.\n(2) The operator of the retirement village must refund the waiting list fee\nto the person who paid the fee within 14 days after the day the\noperator receives a written request from the person.\n","sortOrder":37},{"sectionNumber":"36","sectionType":"section","heading":"Orders for repayment of waiting list fees","content":"36 Orders for repayment of waiting list fees\n(1) A person who paid a waiting list fee for a retirement village may\napply to the ACAT for an order directing the operator of the\nretirement village to repay the fee.\n(2) The ACAT may also, if the ACAT considers it appropriate, make an\norder for the payment of interest at a rate determined by the ACAT.\n","sortOrder":38},{"sectionNumber":"37","sectionType":"section","heading":"Requesting or accepting holding deposit","content":"37 Requesting or accepting holding deposit\noperator requests or accepts payment of a holding deposit in relation\nto residential premises in the village occupied by a resident.\n(3) Subsection (1) does not apply if the resident has given the operator\nwritten notice of the resident’s intention to vacate the residential\n\n","sortOrder":39},{"sectionNumber":"38","sectionType":"section","heading":"Failure to keep deposits in trust","content":"38 Failure to keep deposits in trust\n(a) the operator receives an amount as—\n(i) a holding deposit; or\n(ii) a deposit under a village contract; and\n(b) fails to give the amount to a trustee to hold on trust.\n(3) A receipt issued by a trustee in relation to an amount received under\nsubsection (1) is evidence that a person has not contravened\n(4) Subsection (1) does not apply in relation to an amount held by an\noperator of a retirement village if the operator is a body constituted\nor established—\n(a) by an Act; or\n(b) for a benevolent, philanthropic or patriotic purpose.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (4) and s (5) (see Criminal Code, s 58).\n(5) Subsection (1) (a) (ii) does not apply in relation to a contract for the\nsale of residential premises if the contract provides for the way in\nwhich the deposit is to be held.\nNote A defendant has an evidential burden in relation to the matters mentioned\nin s (4) and s (5) (see Criminal Code, s 58).\n\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Repaying etc holding deposits and ingoing contributions","content":"39 Repaying etc holding deposits and ingoing contributions\n(1) An amount paid by a prospective resident to the operator of a\nretirement village as a holding deposit or ingoing contribution must\nbe held in trust until—\n(a) the prospective resident enters into a residence contract with the\noperator (whether in relation to the residential premises\nconcerned or to other residential premises in the same village or\nanother village); or\n(b) the operator receives written notice that the prospective\nresident—\n(i) does not intend to enter into a residence contract for a\nreason other than that mentioned in subparagraph (ii); or\n(ii) does not intend to enter into a residence contract because\nthe prospective resident has been approved for access for,\nand intends to enter into, a residential care home; or\n(iii) has died.\n(2) If the prospective resident enters into a residence contract with the\noperator, an amount paid under this section as a holding deposit may,\nif both parties agree, form part of the deposit under the contract.\n(3) If the operator receives written notice under subsection (1) (b), the\noperator must refund the amount to the person lawfully entitled to it\nnot later than 14 days after the operator receives the notice.\n(4) However, for notice under subsection (1) (b) (i), the operator may\nkeep an amount mentioned in subsection (5) if—\n(a) the prospective resident and the operator have entered into a\n(b) the prospective resident gives the notice—\n(i) after the end of the cooling-off period for the contract; and\n(ii) before final payment is made under the contract; and\n\n(iii) before the settling-in period for the contract begins.\nNote Cooling-off period—see s 53 (5).\n(5) For subsection (4), the amount is the reasonable costs incurred by the\noperator in relation to the residential premises for the period—\n(a) starting on the day after the village contract in relation to the\npremises is entered into; and\n(b) ending on the earliest of the following:\n(i) 14 days after the day the prospective resident gives notice\nunder subsection (1) (b) (i);\n(ii) the day the operator of the retirement village enters into a\nvillage contract with an incoming resident in relation to the\n(iii) the day the operator enters into a residential tenancy\nagreement with an incoming tenant in relation to the\n(iv) the day a person takes up residence in the premises with\nthe operator’s consent.\nExamples—reasonable costs\nlegal expenses, commissions, advertising and marketing costs, recurrent charges\n(6) However, the amount mentioned in subsection (5) must not exceed—\n(a) an amount prescribed by regulation; or\n(b) if no amount is prescribed—$10 000.\n\n(7) The operator may ask for evidence—\n(a) for notice given under subsection (1) (b) (ii)—of the prospective\nresident’s intention; or\n1 statement from a hospital that the person is in hospital waiting for\napproval to access a residential care home\n2 evidence that the person has been approved for access for, and intends\nto enter into, a residential care home\n(b) for notice given under subsection (1) (b) (iii)—that the\nprospective resident has died.\n(8) An amount paid to the operator as a deposit under a village contract\nis to be held in trust until final payment is made under the contract.\n(9) Subsection (8) does not apply in relation to a contract for the sale of\nresidential premises if the contract provides for the way in which the\ndeposit is to be held.\n(10) In this section:\nsettling-in period, for a village contract, means the period worked out\nfor the contract under section 71 (Meaning of end of the settling-in\nperiod—div 5.2).\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Orders for repayment of holding deposits and ingoing","content":"40 Orders for repayment of holding deposits and ingoing\ncontributions\nIf the operator of a retirement village fails to refund an amount held\non trust under section 39, the person lawfully entitled to it may apply\nto the ACAT for an order directing the operator to repay the amount.\n\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Resident to enter village contract","content":"41 Resident to enter village contract\n(1) The operator of a retirement village must not allow a prospective\nresident of the village to occupy residential premises in the village\nbefore the prospective resident enters into at least 1 of the following\ncontracts (a relevant contract) with the operator in writing:\n(a) a residence contract;\n(b) a service contract.\nNote A residence contract, a service contract and any other village contract\nmay be contained in a single document.\n(3) However, a prospective resident may occupy residential premises in\nthe village without entering into a relevant contract if—\n(a) the prospective resident occupies the premises with a person\nwho has entered into a relevant contract with the operator; or\n(b) the prospective resident and the operator enter into a residential\ntenancy agreement to which this Act does not apply in relation\nto the premises.\n(4) If the operator contravenes subsection (1), then (despite part 10\n(Matters relating to vacation of premises))—\n(a) the former occupant (if any) of the residential premises has no\nliability to pay any recurrent charges or departure fees relating\nto the premises in relation to any period after the day when the\nprospective resident occupies the premises; and\n\n(b) the operator must, not later than 1 month after that day, pay—\n(i) any refund of the former occupant’s ingoing contribution;\nand\n(ii) any other amount that is required, under a village contract,\nto be paid to the former occupant.\n(5) If a refund, in whole or in part, is not paid to a former occupant within\nthe period required by subsection (4) (b)—\ndirecting the operator to pay the refund; and\n(b) interest is payable, at the prescribed rate, on and from the date\nthat payment of the refund becomes overdue.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Retirement village land to be registered under Land Titles","content":"42 Retirement village land to be registered under Land Titles\nAct\n(1) The operator of a retirement village must lodge a notice with the\nregistrar-general for registration under the Land Titles Act 1925 that\nthe land consisting of the retirement village (or land that is part of the\nretirement village) is used as a retirement village.\nNote The registrar-general must register an instrument lodged in registrable\nform (see Land Titles Act 1925, s 48 (1)).\n(3) A notice under subsection (1) must be lodged with the\nregistrar-general before entering into a residence contract in relation\nto residential premises on the land.\n(4) The operator must lodge with the registrar-general a new notice under\nthis section if any of the information in a notice registered under the\nLand Titles Act 1925 in relation to the retirement village is no longer\naccurate.\n\n(5) Nothing in this section requires the operator to lodge a notice with the\nregistrar-general before entering into a residence contract in relation\nto residential premises on land that is already the subject of a notice\nunder this section.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Operator must give copy of retirement village notice","content":"43 Operator must give copy of retirement village notice\nThe operator of a retirement village must give a copy of a notice under\nsection 42 to—\n(a) each person who that has a registered interest in the land to\nwhich the notice relates; and\n(b) the residents committee (if any) of the retirement village.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Application to remove retirement village notice from land","content":"44 Application to remove retirement village notice from land\ntitles register\n(1) A person may apply in writing to the registrar-general for a notice\nunder section 42 to be removed from the land titles register.\n(2) The registrar-general must remove the notice from the register if\nsatisfied that—\n(a) there are no residential premises on the land to which the notice\nrelates that are the subject of a village contract; and\n(b) there are no amounts outstanding that are payable under a village\ncontract relating to residential premises on the land to which the\nnotice relates.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Inconsistency between village contract and disclosure","content":"45 Inconsistency between village contract and disclosure\nstatement\n(1) This section applies if a provision in a village contract for residential\npremises in a retirement village is inconsistent, to the detriment of a\nresident of the village, with the information contained in the\ndisclosure statement for the residential premises given to the resident.\n\n(2) The village contract must be construed (as far as practicable) as if it\nincluded the information in the disclosure statement instead of the\ninconsistent term.\n(3) Subsection (2) does not apply if the inconsistent term is a term of a\nstandard form contract.\nNote Standard form contract—see s 67.\n(4) If there is a dispute between a resident of a retirement village and the\noperator of the village about whether there is an inconsistency\nmentioned in subsection (1), the resident may apply to the ACAT for\nan order deciding the dispute.\n(5) The order must state the way in which the contract must be construed.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Village contracts must be in writing","content":"46 Village contracts must be in writing\nDespite any other territory law, a village contract is not enforceable\nby the operator of a retirement village against a resident of the village\nunless the contract is in writing.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Operator must allow time for reading of village contract","content":"47 Operator must allow time for reading of village contract\noperator enters into a village contract with a person earlier than\n14 days after the day the person (or another person acting on behalf\nof that person) has been given a copy of the contract.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"No restriction on right to obtain independent advice","content":"48 No restriction on right to obtain independent advice\n(1) The operator of a retirement village must not restrict a person from\nobtaining independent advice before entering into a village contract\nwith the operator.\n\n(2) The operator of a retirement village must not require a resident or a\nprospective resident of the village to use the services of a lawyer or\nother adviser nominated by the operator.\n(4) If a resident or a prospective resident is required to use the services\nof a lawyer or other adviser in contravention of this section, the\noperator of the village is liable to pay to the resident or prospective\nresident the fees paid by the resident or prospective resident to the\nlawyer or other adviser for those services.\n(5) If the operator does not, on request, pay the amount due to a resident\nor prospective resident under subsection (4), the resident or\nprospective resident may apply to the ACAT for an order directing\nthe operator to pay the amount.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Amendment or replacement of village contract","content":"49 Amendment or replacement of village contract\n(1) This section applies to the following actions:\n(a) a purported amendment of a village contract;\n(b) a purported ending of a village contract and entry into a new\nvillage contract with the same party in relation to the same\nresidential premises.\n(2) An action mentioned in subsection (1) has no effect (and the contract\ncontinues as in force before the purported amendment or ending)\nunless the resident who is a party to the contract obtains a written\ncertificate under this section.\n(3) The certificate must—\n(a) be signed by a lawyer chosen by the resident; and\n(b) include a statement to the effect that—\n\n(i) the lawyer explained to the resident the effect of the\nproposed amendment of the contract (or the proposed new\ncontract); and\n(ii) the resident appeared to understand the explanation and to\nconsent to the amendment (or to the new contract).\n(4) Section 47 (Operator must allow time for reading of village contract)\nand section 48 (No restriction on right to obtain independent advice)\napply in relation to an amendment of a contract as if the amendment\nwere a new contract.\n(5) This section does not apply if the resident requested the amendment\nor new contract.\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Failure to obtain certificate for amendment or","content":"50 Failure to obtain certificate for amendment or\nreplacement of village contract\n(a) the operator purports—\n(i) to amend a village contract; or\n(ii) to end a village contract and enter into a new village\ncontract with the same party in relation to the same\nresidential premises; and\n(b) the resident who is a party to the contract has not obtained a\ncertificate mentioned in section 49 (Amendment or replacement\nof village contract).\n(3) Subsection (1) does not apply if the resident requested the amendment\nor new contract.\n\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Costs of obtaining certificate","content":"51 Costs of obtaining certificate\n(1) The reasonable costs of obtaining a certificate mentioned in\nsection 49 (Amendment or replacement of village contract) are\npayable by the operator of a retirement village as if the operator, and\nnot the resident, were the client of the lawyer engaged by the resident\nfor the certificate.\n(2) The operator is not required to pay the costs mentioned in subsection\n(1) until the resident has given the operator a copy of the account held\nby the resident for the costs.\n(3) If the operator does not pay all the costs within 28 days after the day\nthe operator is given a copy of the relevant account, the resident may\napply to the ACAT for an order directing the operator to pay the\namount.\n(4) On application, the ACAT—\n(a) may make the order sought; or\n(b) may order the operator and the resident to pay the costs in the\nproportion the ACAT considers just in the circumstances.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Costs of preparation of village contracts","content":"52 Costs of preparation of village contracts\n(1) Legal and other expenses incurred by the operator of a retirement\nvillage in relation to the preparation of a village contract for\nresidential premises in a retirement village are payable by the\noperator and the resident in equal shares (except as provided by\nsection 51).\n(2) The resident is not required to pay the expenses mentioned in\nsubsection (1) until the operator has given the resident a copy of the\naccount held by the operator for the expenses.\n(3) A regulation may prescribe a maximum amount payable by a resident\nunder this section.\n\n(4) If a regulation prescribes a maximum amount, any difference between\nthe resident’s share of the amount incurred by the operator and the\nmaximum amount prescribed is payable by the operator.\n(5) If a residence contract is in the form of a sublease, the resident must\npay—\n(a) any duty payable on the sublease; and\n(b) any registration fee payable under the Land Titles Act 1925 for\nthe sublease.\n(6) This section does not apply in relation to a contract for the sale of\nresidential premises that are subject to a community title scheme,\ncompany title scheme or units plan.\npreparation, of a village contract, includes the preparation of any\nagreement or contract that comprises the village contract.\nloan agreement, other residence contract, services contract\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Cooling-off period","content":"53 Cooling-off period\n(1) A resident of a retirement village may, within the cooling-off period\nfor the resident’s village contract, rescind the contract by written\nnotice given to—\n(a) the other party to the contract; and\n(b) if the operator is not the other party to the contract—the\n(2) A contract must not be completed until after the cooling-off period\nhas expired.\n(3) The cooling-off period under a residence contract is waived if the\nresident starts living in the residential premises to which the contract\nrelates.\n\n(4) This provision has effect despite any other territory law.\ncooling-off period, for a village contract, means the period—\n(a) starting immediately after midnight on—\n(i) the day the resident receives a copy of the contract signed\nby the operator; or\n(ii) for a contract that is, or includes, a residence contract in\nrelation to which the operator is not the other party—the\nday the residence contract is entered into; and\n(b) ending at midnight on the 7th business day after that day.\nNote For when an operator must give a resident a copy of a signed village\ncontract, see s 60 (1) and (2).\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Rescission of village contract on grounds relating to","content":"54 Rescission of village contract on grounds relating to\ndisclosure statement\n(a) a disclosure statement for residential premises in a retirement\nvillage is not given in accordance with this Act; or\n(b) the information in the statement is false or misleading in a\nmaterial particular.\n(2) The person to whom (or on whose behalf) the disclosure statement\nwas given or should have been given may, within 3 months after the\nday the residential premises in the retirement village are occupied,\napply to the ACAT for an order allowing the person to rescind any\nvillage contract to which the person and the operator of the village are\nparties.\n\n(3) The ACAT must not make an order under subsection (2) if it is\nsatisfied that—\n(a) the disclosure statement was provided in accordance with this\nAct; or\n(b) the information in the disclosure statement is not false or\nmisleading in a material particular; or\n(c) the operator acted reasonably and honestly and should be\nexcused for the failure to provide accurate information, or to\nprovide the disclosure statement in accordance with this Act; or\n(d) the person to whom (or on whose behalf) the disclosure\nstatement was given or should have been given is in\nsubstantially as good a position as the person would have been\nhad the failure not occurred.\n(4) If the ACAT makes an order under subsection (2)—\n(a) it may also order the operator to pay compensation to the\napplicant for the order; and\n(b) the applicant may, by written notice to the operator, rescind the\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Effect of rescission notice","content":"55 Effect of rescission notice\n(1) A notice rescinding a village contract under this part (a rescission\nnotice) takes effect on service of the notice.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) A village contract that is rescinded under this part is void.\n(3) However, subsection (2) does not affect the rights and obligations set\nout in section 56, section 57 or section 58.\n\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Consequences of resident’s rescission of service","content":"56 Consequences of resident’s rescission of service\n(a) a resident of a retirement village serves a rescission notice in\nrelation to the resident’s service contract; and\n(b) the resident does not serve a rescission notice in relation to the\nresidence contract.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(2) The resident and the operator of the village must attempt to\nrenegotiate the service contract.\n(3) If the operator and the resident cannot agree on the terms of the new\nservice contract, the operator or the resident may apply to the ACAT\nfor an order setting out the terms of the new contract.\n(4) On application, the ACAT may—\n(a) make the order sought; and\n(b) if the ACAT considers it appropriate, order the operator and the\nresident to enter into a new contract on the terms set out in the\norder.\n(5) Section 47 (Operator must allow time for reading of village contract)\ndoes not apply to a new service contract arising out of an order of the\nACAT under this section.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Consequences of resident’s rescission of residence","content":"57 Consequences of resident’s rescission of residence\n(1) A rescission notice given by a resident of a retirement village in\nrelation to a residence contract is taken also to apply to the service\ncontract and any other village contract entered into by the resident.\n(2) Each of the contracts mentioned in subsection (1) are void.\n\n(3) As soon as practicable (but not later than 1 month) after a rescission\nnotice that applies to a residence contract takes effect—\n(a) the operator of the village must repay all money paid by or on\nbehalf of the resident under the residence contract; and\n(b) if the residence contract related to residential premises that are\nsubject to a community title scheme, company title scheme or\nunits plan and was rescinded under section 54 (Rescission of\nvillage contract on grounds relating to disclosure statement)—\nthe resident must execute all instruments necessary to enable\nre-registration of—\n(i) for premises that are subject to a company title scheme—\nthe shares; or\n(ii) in any other case—title in the name of the operator under\nthe rescinded contract.\n(4) The ACAT may—\n(a) on the application of the resident—order the operator to comply\nwith subsection (3) (a); and\n(b) on the application of the operator—order the resident to comply\nwith subsection (3) (b).\n(5) Any fees or costs associated with a rescission during the cooling-off\nperiod are to be paid by the party incurring them.\n(6) Any fees or costs associated with a rescission at any other time\n(including registration fees) are payable by the operator, and the\nACAT may, on the application of the resident, order the operator to\nmake the payment.\n(7) If subsection (3) (b) applies to the resident, the ACAT may only make\nan order under subsection (6) if the resident has complied with\nsubsection (3) (b).\n\n(8) The resident is not liable to make any payment to the operator in\nrelation to the rescinded contract unless ordered to do so by the\nACAT.\n(9) Either party to a rescinded residence contract may make a claim to\nthe ACAT for—\n(a) if the resident has received the benefit of possession of the\nresidential premises the subject of the rescinded contract—\ncompensation, adjustment or accounting that is just and\nequitable between the parties; or\n(b) damages, costs, or expenses arising out of a breach of any term,\ncondition or warranty contained or implied in the contract (other\nthan a term, condition or warranty mentioned in the Civil Law\n(Sale of Residential Property) Act 2003, section 11 (Certain\nconditions to be included in contract).\n(10) The ACAT must not make an order under subsection (9) that affects\nanother right or obligation under this section.\n(11) This section has effect despite the Civil Law (Sale of Residential\nProperty) Act 2003, section 12 to section 17.\nNote The Civil Law (Sale of Residential Property) Act 2003, ss 12 to 17 (the\nconveyancing provisions) provide (among other things) for a cooling-off\nperiod in relation to a contract for the sale of residential property (within\nthe meaning of that Act) and allow the contract to be rescinded during\nthat period. However, the rights and obligations of the parties under the\nconveyancing provisions differ from those under this section. The\nconveyancing provisions do not allow rescission after completion of the\ncontract, and the buyer under the rescinded contract forfeits 0.25% of the\npurchase price to the seller.\n(12) In this section:\ncooling-off period—see section 53 (5).\n\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Consequence of resident’s rescission of other village","content":"58 Consequence of resident’s rescission of other village\n(1) This section applies if a resident of a retirement village gives a\nrescission notice in relation to a village contract that is not a residence\ncontract or a service contract.\n(2) As soon as practicable (but not later than 1 month) after the rescission\nnotice is given, the operator of the retirement village must repay all\nmoney paid by or on behalf of the resident under the rescinded\n(3) The ACAT may, on application by the resident, order the operator to\ncomply with subsection (1).\n(4) Either party to a contract rescinded under this section may make a\nclaim to the ACAT for compensation, adjustment or accounting that\nis just and equitable between the parties taking into account any\nbenefits that the rescinding party received under the contract before\nits rescission.\n(5) The ACAT must not make an order under subsection (2) that affects\nanother right or obligation under this section.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Condition report for certain residential premises","content":"59 Condition report for certain residential premises\n(1) The operator of a retirement village must not allow a prospective\nresident of the village to occupy residential premises in the village\nunless the operator gives to the prospective resident a report relating\nto the condition of the premises at the start of the prospective\nresident’s occupation of the premises (a condition report).\n(2) A regulation may provide for how a condition report must be\ncompleted including in relation to the following matters:\n(a) the time within which the condition report must be completed;\n(b) the time within which the condition report must be given to a\nprospective resident.\n\n(3) The operator of the retirement village must attach a copy of the\ncondition report to the first village contract that the prospective\nresident enters into with the operator.\n(4) If the operator allows a prospective resident to occupy residential\npremises in contravention of this section, the operator is prohibited\nfrom recovering any payment or other compensation for any alleged\ndamage occurring to the premises during the prospective resident’s\noccupancy of the premises.\n(5) This section does not apply if—\n(a) the prospective resident is to occupy the residential premises\ntogether with a resident who is already in occupation of the\n(b) the prospective resident is, or will be, a registered interest holder\nin relation to the residential premises that the prospective\nresident intends to occupy.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Operator to give resident or prospective resident copy of","content":"60 Operator to give resident or prospective resident copy of\nvillage contract\n(a) the operator and a resident of the retirement village enter into a\n(b) the contract is entered into by the operator and resident signing\nthe contract in each other’s presence; and\n(c) the operator does not give the resident a copy of the contract\nwithin 14 days after it is signed.\n(2) The operator of a retirement village commits an offence if—\n(a) the operator and a resident of the retirement village enter into a\n\n(b) the contract is entered into by the operator and resident signing\nthe contract other than in each other’s presence; and\n(c) the operator does not, within 14 days after the resident signs the\ncontract, give the resident a copy of the contract signed by the\n(3) The operator of a retirement village commits an offence if—\n(a) a residence contract for the village is in the form of a sublease\nfor a term longer than 3 years; and\n(b) the operator does not—\n(i) lodge the sublease for registration under the Land Titles\nAct 1925 within 1 month after the day the sublease is given\nto the operator in registrable form; and\n(ii) give the resident a copy of the fully-executed sublease\nwithin 14 days after the day the sublease is returned to the\noperator after its registration.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Contractual rights of residents against new operator","content":"61 Contractual rights of residents against new operator\n(1) A village contract between a resident of a retirement village and a\nformer operator of the village may be enforced against any operator\nfor the time being of the village.\n(2) However, a proceeding does not lie against the owner of land in a\nretirement village (not being a person involved in the management or\ncontrol of the village) for the enforcement of rights under\nsubsection (1) unless an operator other than the owner has failed to\nsatisfy a judgment given for the enforcement of those rights and the\nowner is—\n\n(a) a party to the contract; or\n(b) a close associate of an operator involved in the management or\ncontrol of the village.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"New operator to convene meeting of residents","content":"62 New operator to convene meeting of residents\n(1) A person must, within 28 days before the person becomes an operator\nof an existing retirement village—\n(a) hold a meeting of residents and former occupants of the village;\nand\n(b) give a report at the meeting about the operator’s—\n(i) financial ability to operate the village; and\n(ii) plans for the management and operation of the village\n(including any changes that the operator proposes to\nmake).\n(2) A person commits an offence if the person does not comply with\n(3) An offence against subsection (2) is a strict liability offence.\n(4) A person must arrange a meeting for this section by sending to each\nresident and former occupant of the village, at least 7 days before the\nday of the meeting, a written notice setting out—\n(a) the time and place of the meeting (which is to be held in the\nretirement village if practicable, or at a venue near the village);\nand\n(b) the reason for the meeting.\n\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Renovations and alteration of fixtures or fittings","content":"63 Renovations and alteration of fixtures or fittings\n(1) A resident of a retirement village may, with the written consent of the\noperator of the village—\n(a) add, remove or alter a fixture or fitting on or within the resident’s\nresidential premises; or\n(b) renovate the resident’s residential premises.\n(2) The operator may make the consent subject to reasonable conditions.\n(3) Without limiting subsection (2), the operator may make the consent\nsubject to the condition that, on the ending of the resident’s village\ncontract, the premises will be returned to the same condition as they\nwere in immediately before the consent was given.\n(4) The operator must not unreasonably withhold consent to an addition,\nremoval or alteration of a fixture or fitting, or to a renovation,\nmentioned in subsection (1).\n(5) Despite subsection (1), the consent of the operator is not required—\n(a) to remove or alter a fixture or fitting that was added by a\nresident, unless the removal or alteration of the fixture or fitting\nis likely to cause significant damage to the residential premises;\nor\n(b) to renovate, or to add, remove or alter a fixture or fitting,\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Renovations and alteration of fixtures or fittings—ACAT","content":"64 Renovations and alteration of fixtures or fittings—ACAT\norders\n(1) A resident of a retirement village may apply to the ACAT for an\norder—\n(a) allowing the addition, removal or alteration of a stated fixture or\nfitting on or within the resident’s residential premises; or\n\n(b) allowing a stated renovation to be made to the resident’s\nresidential premises; or\n(c) amending a condition to which the operator’s consent is subject.\n(2) The ACAT may make the order if satisfied that—\n(a) the operator of the retirement village has unreasonably withheld\nconsent under section 63; or\n(b) a condition to which consent is subject is unreasonable in the\ncircumstances.\n(3) If the ACAT makes an order under this section, the operator is taken\nto have given consent in accordance with the terms of the order.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Renovations and alteration of fixtures or fittings—","content":"65 Renovations and alteration of fixtures or fittings—\nlimitation of s 63 and s 64\n(1) Nothing in section 63 or section 64 authorises a person—\n(a) to add, remove or alter a fixture or fitting in, or renovate\nresidential premises within, a retirement village if consent to do\nso is required under a territory law and the consent has not been\nobtained; or\n(b) to carry out development in contravention of the Planning\nAct 2023.\ndevelopment—see the Planning Act 2023, section 14 (1).\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Prescribed matters in village contracts","content":"66 Prescribed matters in village contracts\n(1) A regulation may prescribe a matter that must be included in (or\nexcluded from) a village contract.\n\n(2) If a regulation requires a village contract to include a term in the\ncontract, the contract is taken to include the term.\n(3) If a regulation requires a matter to be excluded from a village\ncontract, the contract is void to the extent that it includes the matter.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Standard form of village contract","content":"67 Standard form of village contract\nA regulation may prescribe a standard form of village contract\n(a standard form contract).\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Effect of noncompliance with standard form contract","content":"68 Effect of noncompliance with standard form contract\n(1) If a standard form contract is prescribed for a village contract, a\nvillage contract entered into after the day the form is prescribed is\nvoid to the extent to which it is not in the same form as, or does not\nhave the same effect as, the standard form contract.\n(2) A village contract that does not include a standard term is taken to\ninclude the standard term.\n(3) An amendment of a standard term in a village contract has no effect.\n(4) However—\n(a) nothing in subsection (1) or (3) voids a person’s residence right\nin relation to residential premises in a retirement village to\nwhich the village contract applies; and\n(b) despite subsection (1) or (3), the parties to a village contract for\nwhich a standard form contract is prescribed may include an\nadditional term in the contract if the term—\n(i) does not contravene this Act or another territory law; and\nNote A regulation may prescribe a matter that must be excluded\nfrom a village contract (see s 66).\n\n(ii) is not inconsistent with a term—\n(A) in the standard form contract; or\n(B) required to be included by a regulation made under\nsection 66 (Prescribed matters in village contracts).\n(5) On application by a resident of a retirement village, the ACAT may\norder that an additional term included in a village contract under\nsubsection (4) (b) is void if satisfied the additional term does not\ncomply with subsection (4) (b).\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Provision for payment of ingoing contributions","content":"69 Provision for payment of ingoing contributions\nA village contract that provides for the payment of an ingoing\ncontribution may also provide—\n(a) that the contribution must be paid by instalments at the intervals\nstated in the contract; and\n(b) if the contribution must be paid by instalments—for interest on\nthe unpaid portion of the contribution to be payable, worked out\nas prescribed by regulation.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Parties to minimise loss from breach of village contract","content":"70 Parties to minimise loss from breach of village contract\nThe rules of law relating to mitigation of loss or damage on breach of\na contract apply to a breach of a village contract.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Meaning of end of the settling-in period—div 5.2","content":"71 Meaning of end of the settling-in period—div 5.2\nend of the settling-in period, for a village contract, means the latest\nof the following days:\n(a) the day that is 90 days after the day when the resident is entitled\nto occupy the residential premises under the residence contract\nfor the premises;\n\n(b) if the resident occupies the premises before the day mentioned\nin paragraph (a)—the day that is 90 days after the resident first\noccupies the residential premises;\n(c) another day agreed to by the operator of the retirement village\nand the resident.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Ending of village contract during settling-in period","content":"72 Ending of village contract during settling-in period\n(1) A resident under a village contract for a retirement village may,\nbefore the end of the settling-in period, end the village contract—\n(a) by permanently vacating the residential premises within the\n(b) for a contract other than a residence contract—by written notice\nto the operator of the village indicating an intention to end the\n(2) Nothing in this section requires a resident to occupy the residential\npremises before ending a village contract under this division.\n(3) The ending of a village contract under this division does not constitute\na breach of contract or other civil wrong.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Liability of former occupant if village contract ended","content":"73 Liability of former occupant if village contract ended\nduring settling-in period\n(1) If a village contract is ended under this division, the former occupant\nis only liable to pay—\n(a) fair market rent for the period (if any) that the former occupant\noccupied the residential premises under the contract; and\n(b) for a village contract that is a residence contract—the cost of any\nrepairs for damage to the residential premises in excess of fair\nwear and tear; and\n(c) a reasonable administration fee; and\n(d) any other amount prescribed by regulation.\n\n(2) Despite subsection (1), if the former occupant has not occupied the\nresidential premises before ending a village contract under this\ndivision, the occupant is only liable to pay—\n(a) the cost of any repairs for damage to the residential premises in\nexcess of fair wear and tear; and\n(b) a reasonable administration fee.\n(3) The amount the former occupant is liable to pay under this section\nmay be offset against any amounts that are to be refunded to the\nformer occupant under section 74.\n(4) An administration fee mentioned in this section must not be more than\nthe maximum fee prescribed by regulation.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Operator to refund certain payments made by resident","content":"74 Operator to refund certain payments made by resident\nIf a village contract is ended under this division, the operator of the\nretirement village must refund or pay to the former occupant—\n(a) for a former occupant who is a registered interest holder (other\nthan a registered long-term sublessee)—the proceeds from the\nsale of the residential premises to which the resident is entitled\nunder the village contract; and\n(b) any ingoing contribution paid to the operator under the village\n(c) any recurrent charges paid to the operator under the village\n(d) any other amount prescribed by regulation.\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Time for making of payments","content":"75 Time for making of payments\n(1) A refund or a payment under section 74 to a former occupant, other\nthan a former occupant who is a registered interest holder, must be\nmade within—\n(a) 14 days after the day the village contract is ended; or\n\n(b) if another period is ordered by the ACAT—the ordered period.\n(2) A refund or a payment under section 74 to a former occupant who is\na registered interest holder must be made within 14 days after the\nearliest of the following:\n(a) the day the operator receives full payment under a residence\ncontract with an incoming resident of the premises;\n(b) the day the operator enters into a village contract with an\nincoming resident of the premises;\n(c) the day the operator enters into a residential tenancy agreement\nwith an incoming tenant of the premises;\n(d) the day a person takes up residence in the premises with the\n(e) if the operator buys the premises from the former occupant—the\nday the operator completes the purchase.\n(3) If a payment that is required to be made under this division is not paid\nwithin the time required by this section, the operator of a retirement\nvillage or former occupant may apply to the ACAT for an order\nrequiring the amount to be paid within a stated time.\n(4) If the operator and former occupant are unable to agree on an amount\nrequired to be paid under this division, the operator or former\noccupant may apply to the ACAT for an order in relation to—\n(a) the amount of fair market rent (if any) required to be paid under\nsection 73 (1) (a) (Liability of former occupant if village\ncontract ended during settling-in period); or\n(b) what damage (if any) to the residential premises is in excess of\nfair wear and tear, and the amount (if any) required to be paid\nunder section 73 (1) (b); or\n(c) the reasonable administration fee (if any) required to be paid\nunder section 73 (1) (c).\n\n(5) The ACAT may consider, but is not bound by—\n(a) for subsection (4) (a)—the rent (if any) stated in the village\ncontract when deciding the fair market rent; and\n(b) for subsection (4) (c)—the administration fee (if any) stated in\nthe village contract when deciding a reasonable administration\nfee.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Former occupant not required to pay certain amounts","content":"76 Former occupant not required to pay certain amounts\n(1) If a village contract is ended under this division, the former occupant\nis not required to pay any of the following amounts that would, but\nfor this section, be payable by the former occupant under the contract:\n(a) any recurrent charges;\n(b) any departure fee;\n(c) the cost of refurbishment of residential premises the subject of\nthe residence contract;\n(d) the costs of sale or letting of the premises;\n(e) any amount stated in the village contract as being payable for\nending the contract during the settling-in period;\n(f) any other amount prescribed by regulation.\ncontract—see section 218.\n\n","sortOrder":78},{"sectionNumber":"Part 6","sectionType":"part","heading":"General management of","content":"Part 6 General management of\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Application—div 6.1","content":"77 Application—div 6.1\nThis division does not apply in relation to—\n(a) a part of a retirement village that is subject to a community title\nscheme or units plan; or\n(b) the residents of that part of the village.\nNote The body corporate’s by-laws (for a community title scheme) or the\nowners corporation’s rules (for a units plan) apply to the part of a\nretirement village that is subject to the scheme or plan (see Community\nTitle Act 2001 and Unit Titles (Management) Act 2011).\n","sortOrder":80},{"sectionNumber":"77A","sectionType":"section","heading":"Meaning of resident—pt 6","content":"77A Meaning of resident—pt 6\nNote Resident is defined for the Act in the dictionary.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Subject-matter of village rules","content":"78 Subject-matter of village rules\n(1) Written rules relating to the use, enjoyment, control and management\nof a retirement village may be made in accordance with this division.\n(2) The rules may relate to (but are not limited to) any of the following:\n(a) people other than residents or employees of the retirement\nvillage living in the village;\n(b) visitors, including overnight or short-stay guests;\n(c) the making of noise;\n\n(d) the parking of motor vehicles;\n(e) the disposal of garbage;\n(f) the keeping of pets;\n(g) gardening and landscaping;\n(h) the use and operation of services or facilities (including\nrestrictions on their use);\n(i) any other matter prescribed by regulation.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Village rules to be consistent with other laws","content":"79 Village rules to be consistent with other laws\nA village rule has no effect to the extent that it is inconsistent with\nthis Act or any other territory law.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Model village rules","content":"80 Model village rules\nA regulation may prescribe model village rules that may be adopted\nin relation to a retirement village.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Operator may make village rules for new villages","content":"81 Operator may make village rules for new villages\n(1) The operator, or proposed operator, of a proposed retirement village\nmay make village rules for the village.\n(2) The operator of a retirement village may make village rules for the\nvillage if, when the rules are made, the village has no residents.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Villages without rules","content":"82 Villages without rules\nIf a retirement village has no village rules, the operator of the village\nmay make rules for the village in the same way as village rules may\nbe amended under section 83.\n\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Proposed amendment of village rules","content":"83 Proposed amendment of village rules\n(1) The operator of a retirement village must propose an amendment of\nthe village rules if either of the following requests the operator in\nwriting to do so:\n(a) a minimum of 5 residents, or 10% of the residents, (whichever\nis the greater) of the village (or, if the village has fewer than 10\noccupied residential premises, residents from a majority of the\noccupied residential premises);\n(b) the residents committee for the village.\n(2) The operator may propose an amendment of the village rules even if\nthere has been no request under subsection (1).\n(3) A proposed amendment is not to be made unless the residents of the\nvillage, by a special resolution, consent to the amendment.\n(4) An operator who receives a request under subsection (1) must call a\nmeeting of the residents of the village, to be held not later than 28\ndays after the day the request is received, to consider a special\nresolution about the proposed amendment.\n(5) The residents committee for the retirement village or, if there is no\nresidents committee, a representative of the residents of the\nretirement village, must tell the operator of the outcome of the vote\ntaken to obtain the residents’ consent to a proposed amendment.\n(6) Within 7 days after the day the operator is told of the outcome of the\nvote taken to obtain the residents’ consent under this section, the\noperator must tell the residents of the outcome of the vote.\n(7) If consent is given, the amendment takes effect 7 days after the day\nthe operator is told about the special resolution giving consent (or\nfrom any later date stated in the resolution).\n\n(8) However subsection (6) does not apply if the operator, within the\n7-day period mentioned in subsection (6)—\n(a) makes an application to the ACAT under section 84 (Operator’s\nobjection to proposed amendment of village rules); or\n(b) seeks the residents’ consent to an amendment to the approved\nannual budget (if any) under section 85 (Operator’s concern that\namendment will impose additional cost).\n(9) Nothing in this section prevents the ACAT from making an order\nunder section 86 (Other applications to ACAT about village rules)\nmodifying or setting aside a village rule as amended.\n(10) For this section:\namendment, of the village rules, includes the following:\n(a) an amendment of a village rule;\n(b) the addition of a new rule to the village rules;\n(c) the omission of a village rule that is in force.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Operator’s objection to proposed amendment of village","content":"84 Operator’s objection to proposed amendment of village\nrules\n(1) This section applies if the operator of a retirement village objects to a\nproposed amendment of the village rules to which the residents have\nconsented under section 83 (Proposed amendment of village rules).\n(2) The operator may apply to the ACAT for an order prohibiting the\nproposed amendment.\n(3) On application, the ACAT may, after considering the circumstances\nof the case, make an order—\n(a) prohibiting the proposed amendment; or\n(b) directing that the proposed amendment (or the proposed\namendment modified as stated in the order) takes effect from a\nstated day.\n\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Operator’s concern that amendment will impose","content":"85 Operator’s concern that amendment will impose\nadditional cost\n(1) This section applies if the operator of a retirement village considers\nthat a proposed amendment of the village rules to which the residents\nhave consented under section 83 (Proposed amendment of village\nrules) will impose a cost on the operator additional to that allowed for\nin the approved annual budget.\n(2) The operator must seek the residents’ consent to a proposed\namendment of the approved annual budget.\nNote Div 7.4 provides for proposed and approved annual budgets. Section 167\nallows an operator to seek the residents’ consent to a proposed\namendment of the approved annual budget if unforeseen requirements for\nexpenditure arise.\n(3) Section 163 (ACAT orders—decisions about spending) does not\napply in relation to a consent sought under this section.\n(4) If the residents refuse to consent to the proposed amendment of the\napproved annual budget, the operator may apply to the ACAT for an\norder in relation to the proposed amendment.\n(5) On application, the ACAT may, after considering the circumstances\nof the case, order that the approved annual budget—\n(a) be amended as stated in the order; or\n(b) not be amended.\n(6) On making the order, the ACAT may also order—\n(a) that the proposed amendment of the village rules has no effect;\nor\n(b) that the proposed amendment of the village rules (or the\nproposed amendment modified as stated in the order) takes\neffect from a stated date.\n\n(7) This section does not apply in relation to a retirement village if the\nresidents have consented under section 160 (Residents may consent\nto not receiving proposed annual budget) to not being supplied with\na proposed annual budget.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Other applications to ACAT about village rules","content":"86 Other applications to ACAT about village rules\n(1) The operator or a resident of a retirement village may, at any time,\napply to the ACAT for an order in relation to 1 or both of the\n(a) a dispute concerning the legal validity of a village rule in force\nin the village;\n(b) a village rule in force in the village that the operator or resident\nconsiders to be unjust, unconscionable, harsh or oppressive.\n(2) The ACAT may decide the application by making an order—\n(a) setting aside the village rule; or\n(b) modifying the operation of the rule in its application to 1 or more\nresidents of the village; or\n(c) upholding the rule.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Compliance with village rules","content":"87 Compliance with village rules\n(1) The operator and residents of a retirement village must comply with\nthe village rules.\nNote The ACAT may make various orders in relation to compliance with the\nvillage rules (see s 181). It may also end a resident’s residence contract\nfor serious or persistent breaches of the village rules (see s 188).\n(2) If a village rule is inconsistent with a term of a village contract, the\nvillage rule prevails to the extent of the inconsistency.\n(3) However, if the inconsistent term of the village contract is a standard\nterm, that term prevails over the rule.\n\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Compliance with village rules by people other than","content":"88 Compliance with village rules by people other than\noperator and residents\n(1) It is a term of a village contract that the resident of the retirement\nvillage or former occupant (the occupant) who is a party to the\ncontract will use the occupant’s best endeavours to ensure compliance\nwith the village rules by—\n(a) a tenant or subtenant, under division 10.5 (Sale or letting of\npremises by certain residents), of the occupant; and\n(b) any other person who is lawfully on the occupant’s residential\npremises (other than a person who has a right of entry to the\npremises without the occupant’s consent); and\n(c) any other person who is in the village at the occupant’s\ninvitation.\n(2) It is also a term of a village contract that the operator of the retirement\nvillage will use the operator’s best endeavours to ensure compliance\nwith the village rules by—\n(a) the operator’s tenants; and\n(b) the operator’s employees; and\n(c) any other person who is in the village at the operator’s invitation.\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Certain people not to be operators","content":"89 Certain people not to be operators\n(1) A person to whom this section applies commits an offence if the\nperson—\n(a) is the operator of a retirement village; or\n(b) is involved in the promotion or sale of a residence right in\nrelation to residential premises in a retirement village; or\n\n(c) in any way (whether directly or indirectly) is involved in, or\ntakes part, in the management or control of a retirement village.\n(3) This section applies to the following people:\n(a) a person who is bankrupt or personally insolvent;\n(b) a person who is a director of a Chapter 5 body corporate;\n(c) a person who was a director of a company that has been wound\nup (otherwise than voluntarily);\n(d) a person who has been convicted (in the ACT or elsewhere) of\nan offence involving—\n(i) physical violence to another person; or\n(ii) fraud or dishonesty, if the offence is punishable on\nconviction by imprisonment for a period of not less than\n3 months.\n(4) However, this section applies—\n(a) to a person mentioned in subsection (3) (c)—only for the period\nof 5 years following the day the company is wound up; and\n(b) to a person mentioned in subsection (3) (d)—only for the period\nof 5 years following the person’s conviction (or, if the person\nwas sentenced to imprisonment, within the period of 5 years\nfollowing the person’s release).\n","sortOrder":93},{"sectionNumber":"Part 5","sectionType":"part","heading":"body corporate—see the Corporations Act, section 9.","content":"Chapter 5 body corporate—see the Corporations Act, section 9.\n","sortOrder":94},{"sectionNumber":"90","sectionType":"section","heading":"Operator to provide secure premises","content":"90 Operator to provide secure premises\n(1) The operator of a retirement village must ensure that the village\ngenerally is reasonably secure.\n\n(2) Without limiting subsection (1), the operator must ensure that—\n(a) all residential premises in the village have enough locks or other\nsecurity devices necessary to make the premises reasonably\nsecure; and\n(b) the locks and other security devices are in good working order.\n(3) Subsection (2) does not apply in relation to residential premises that\nare subject to a community title scheme, company title scheme or\nunits plan unless the operator, or a close associate of the operator, is\nthe owner of the premises.\n(4) If a tradesperson, or someone else, requires access to residential\npremises to carry out works, the operator must give reasonable notice\nof the access needed to each affected resident.\n(5) A resident of a retirement village who believes on reasonable grounds\nthat the village is not reasonably secure may apply to the ACAT for\nthe following:\n(a) an order directing the operator to comply with subsection (1)\nor (2);\n(b) any other order mentioned in section 181 (1) (ACAT orders).\n","sortOrder":95},{"sectionNumber":"91","sectionType":"section","heading":"Operator to provide safe premises","content":"91 Operator to provide safe premises\n(1) The operator of a retirement village must ensure that the village\ngenerally is reasonably safe.\n(2) Without limiting subsection (1), the operator must—\n(a) prepare written safety and emergency procedures; and\n(b) take reasonable steps to ensure that all residents and staff are\nfamiliar with those procedures; and\n(c) provide emergency assembly point signage consistent with\nthose procedures; and\n\n(d) provide signage at key points in the village to assist local\nemergency and home care service agencies to locate village\n(e) give residents an emergency out-of-hours number to contact the\noperator in case of serious disturbances in the village; and\n(f) do a safety inspection at least once each year, and make a safety\ninspection report on the findings of the inspection; and\n(g) make a copy of the inspection report available to the residents\ncommittee for the retirement village (if any) and place a copy of\nthe report on the notice board in a communal area within the\n(h) take any other action prescribed by regulation to ensure that the\nvillage generally is reasonably safe.\n(3) Without limiting subsection (2) (h), a regulation may provide for the\n(a) the form of the written safety and emergency procedures;\n(b) the conduct of safety inspections required under\nsubsection (2) (f);\n(c) the manner and form of a safety inspection report;\n(d) the period that the safety inspection report must remain on the\nnotice board as mentioned in subsection (2) (g).\n(4) A resident who believes on reasonable grounds that the retirement\nvillage is not reasonably safe may apply to the ACAT for any of the\n(a) an order directing the operator to comply with subsection (1)\nor (2);\n(b) any other order mentioned in section 181 (1) (ACAT orders).\n\n","sortOrder":96},{"sectionNumber":"92","sectionType":"section","heading":"Operator to provide village emergency system on request","content":"92 Operator to provide village emergency system on request\n(1) The residents of a retirement village may, by a special resolution, ask\nthe operator of the village to provide or arrange for a village\nemergency system of a stated kind in the village.\n(2) If a request is made, the residents are taken to have consented to the\ninclusion, in the proposed annual budget relating to the financial year\nfollowing the date of the resolution, of the cost of providing or\narranging for the village emergency system.\n(3) If the operator fails to comply with the request, any resident of the\nvillage may apply to the ACAT for an order directing the operator to\nprovide or arrange for a village emergency system of the kind\nrequested by the residents.\n(4) The operator must ensure that any village emergency system provided\nin the village (whether or not it was provided at the request of the\nresidents) is regularly and adequately monitored and serviced.\n(5) Nothing in this section prevents a resident from arranging, at the\nresident’s expense, for the provision of a system that will enable the\nresident to call for assistance in an emergency.\n(6) A system mentioned in subsection (5) is not a village emergency\nsystem.\nvillage emergency system means a system that enables a resident to\ncall for assistance in an emergency.\n1 an emergency call button in residential premises and common areas\n2 an emergency call bracelet that can be worn by a resident\n\n","sortOrder":97},{"sectionNumber":"93","sectionType":"section","heading":"Failure to provide emergency and home care service","content":"93 Failure to provide emergency and home care service\nvehicles access to retirement village\noperator fails to take all reasonable steps to ensure that—\n(a) emergency and home care service personnel have unimpeded\nvehicular access to the residential premises in the village at all\ntimes; and\n(b) the residents of the village, and local emergency and home care\nservice agencies, are consulted and kept informed about any\narrangements made to secure the access.\n1 information about access arrangements available at meetings of residents\n2 signs indicating areas to be kept clear\n","sortOrder":98},{"sectionNumber":"94","sectionType":"section","heading":"Change in services or facilities provided at village","content":"94 Change in services or facilities provided at village\n(1) The operator of a retirement village must propose a change in the\nservices and facilities provided at the village if either of the following\nrequests the operator in writing to do so:\n(a) a minimum of 5 residents, or 10% of the residents, (whichever\nis the greater) of the village (or, if the village has fewer than 10\noccupied residential premises, residents from a majority of the\noccupied residential premises); or\n(b) the residents committee for the village.\n(2) The operator may propose a change in the services and facilities\nprovided at the village even if there has been no request under\n\n(3) The services and facilities provided at the village are not to be\nchanged as proposed unless the residents of the village, by a special\nresolution, consent to the change.\n(4) An operator who receives a request under subsection (1) must call a\nmeeting of the residents of the village, to be held not later than\n28 days after the day the request is received, to consider a special\nresolution about the proposed change.\n(5) A resident is not entitled to vote on the special resolution unless the\nproposed service or facility is (or is proposed to be) available to the\n(6) If consent is given, the operator may change the service or facility in\naccordance with the consent as soon as practicable (unless the\nresolution provides that the change takes effect on a stated later day).\n(7) Despite the terms of a village contract, the operator does not breach\nthe contract by changing services or facilities.\n(8) If the operator considers that a proposed change in services or\nfacilities will impose a cost on the operator additional to that allowed\nfor in the approved annual budget, the operator must seek the\nresidents’ consent to an amendment of the approved annual budget.\nNote Div 7.4 provides for proposed and approved annual budgets. Section 167\nallows an operator to seek the residents’ consent to an amendment of the\napproved annual budget if unforeseen requirements for expenditure arise.\n(9) Section 163 (ACAT orders—decisions about spending) does not\napply in relation to a consent sought under this section.\n(10) If the residents refuse to consent to the amendment, section 85 (4)\nto (6) (Operator’s concern that amendment will impose additional\ncost) applies to the refusal in the same way that it applies to a refusal\nunder that section.\n\n(11) In this section:\nchange, in a service or facility, includes the following:\n(a) a reduction in the service or facility;\n(b) the withdrawal of the service or facility;\n(c) an increase in the service or facility;\n(d) any other change in the service or facility;\n(e) the provision of a new service or facility.\n","sortOrder":99},{"sectionNumber":"95","sectionType":"section","heading":"Operator not to reduce or withdraw certain services and","content":"95 Operator not to reduce or withdraw certain services and\nfacilities\nIf a development approval for a retirement village requires that a\nparticular service or facility be provided for the life of the village, the\noperator of the village must not reduce or withdraw that service or\nfacility (despite any consent of the residents) unless the development\napproval is amended to omit or amend that requirement.\n","sortOrder":100},{"sectionNumber":"96","sectionType":"section","heading":"Consequence of unlawful change in services or facilities","content":"96 Consequence of unlawful change in services or facilities\n(1) If the operator of a retirement village reduces or withdraws, or allows\nthe reduction or withdrawal of, a service or facility otherwise than in\naccordance with section 94 (Change in services or facilities provided\nat village), a resident of the village may apply to the ACAT for an\norder for 1 or more of the following:\n(a) the reinstatement of the service or facility;\n(b) the payment of compensation in relation to the reduced or\nwithdrawn service or facility;\n(c) a reduction in the recurrent charges payable by 1 or more of the\nresidents;\n(d) the payment of the whole or part of those recurrent charges to\nthe ACAT until the service or facility is reinstated.\n\n(2) On application, the ACAT may make—\n(b) any other order mentioned in subsection (1).\n","sortOrder":101},{"sectionNumber":"97","sectionType":"section","heading":"Operator not to require residents to patronise particular","content":"97 Operator not to require residents to patronise particular\nbusinesses\noperator restricts the capacity of a resident of the village to buy goods\nand services from a person.\npreventing a resident from obtaining meals-on-wheels services\n(3) Subsection (1) does not apply if the operator prohibits a goods or\nservice provider from entry (or further entry) into the retirement\nvillage because the provider has—\n(a) unduly disturbed the peace and quiet of the village; or\n(b) failed to observe reasonable rules of conduct established by the\n(c) contravened a village rule about motor vehicle traffic that is\ndisplayed in, or near the boundary of, the village.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"Operator not to demand power of attorney","content":"98 Operator not to demand power of attorney\noperator requires a resident or prospective resident of the village to\ngive the operator a power of attorney in favour of—\n(a) the operator; or\n\n(b) a close associate of the operator; or\n(c) a person nominated by the operator.\n(3) A power of attorney given in favour of a person mentioned in\nsubsection (1) (a) to (c) by a resident or prospective resident is void.\n(4) Subsection (3) does not apply if the resident or prospective resident\nwho gave the power of attorney is a relative of the operator.\n(5) This section has effect despite—\n(a) the Powers of Attorney Act 2006; and\n(b) the terms of the instrument creating the power of attorney.\nNote The Powers of Attorney Act 2006, s 32 provides that an enduring power\nof attorney is not revoked even if the person who gave the power of\nattorney becomes a person with impaired decision-making capacity.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Operator to respect rights of residents","content":"99 Operator to respect rights of residents\n(1) The operator of a retirement village must respect the rights of\nresidents of the village.\n(2) Without limiting subsection (1), the operator—\n(a) must not interfere, or cause or allow any interference, with the\nreasonable peace, comfort or privacy of a resident; and\n(b) must take all reasonable steps to ensure that all residents meet\ntheir obligations under their village contracts, the village rules\nand this Act, so that a resident does not unreasonably interfere\nwith the peace, comfort and quiet enjoyment of fellow residents;\nand\n\n(c) must not interfere with the right of a resident to autonomy over\nthe resident’s possessions and personal, financial and other\nmatters; and\n(d) must not inhibit any resident from exercising self-reliance in\nmatters relating to the resident’s personal, domestic or financial\naffairs; and\n(e) must use the operator’s best endeavours to ensure that each\nresident lives in an environment free from harassment and\nintimidation.\n(3) A resident who reasonably believes that the operator of the village\nhas contravened this section in relation to the resident may apply to\nthe ACAT for an order for either or both of the following:\n(a) an order directing the operator to pay compensation to the\nresident;\n(b) an order directing the operator to comply with this section.\n(4) On application, the ACAT may make—\n(b) any other order mentioned in subsection (3).\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Restriction of operator’s access to residential premises","content":"100 Restriction of operator’s access to residential premises\n(1) The operator of a retirement village and any person authorised by the\noperator (an authorised person) commits an offence if—\n(a) a person has a residence right in relation to residential premises\nin the village; and\n(b) the operator or authorised person enters the residential premises.\n\n(3) Subsection (1) does not apply if the operator or authorised person\nenters the residential premises in any of the following circumstances:\n(a) if the resident consents to the entry;\n(b) in an emergency, or if the operator has reasonable cause for\nconcern about the health or safety of a person that the operator\nbelieves is on the premises;\n(c) to carry out urgent repairs;\n(d) to carry out general maintenance, but only if 7 days’ written\nnotice has been given to the resident;\n(e) to carry out a general inspection of the premises, but only if—\n(i) the resident is not a registered interest holder in relation to\nthe premises; and\n(ii) 7 days’ written notice has been given to the resident; and\n(iii) a general inspection of the premises has not been carried\nout more than once in the preceding 12 months;\n(f) in accordance with an order of the ACAT;\n(g) in any other circumstance prescribed by regulation.\n(4) The ACAT may, on application by the operator, make an order\nauthorising the operator or another person to enter residential\n(5) A resident who reasonably believes that the operator has contravened\nthis section in relation to the resident may apply to the ACAT for\neither or both of the following:\n(a) an order directing the operator to pay compensation to the\nresident;\n(b) an order directing the operator to comply with this section.\n\n(6) On application, the ACAT may make—\n(b) any other order mentioned in subsection (4).\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Right to appoint agent","content":"101 Right to appoint agent\n(1) A resident of a retirement village may appoint a person as the\nresident’s agent for receiving notices or other documents to be given\nto the resident under a village contract or under this Act.\n1 if the resident cannot read or write English\n2 if the resident is sick\n3 if the resident is going to be away from the resident’s residential premises for\nsome time\n(2) An appointment of the operator of the retirement village (or a close\nassociate of the operator or a person nominated by the operator) as an\nagent under this section is void.\n(3) An appointment—\n(a) may be made in a village contract or at any time after the day\nthe contract commences; and\n(b) may be revoked at any time by the resident.\n(4) However, the appointment or revocation has no effect until it is\nnotified in writing to the operator of the village.\n(5) The operator must give to the resident’s agent, until the time the\nappointment expires or is revoked, any notice or other document that\nthe operator is required to give to the resident under a village contract\nor this Act.\n(6) A notice or other document that is required by this section to be given\nto the resident’s agent and that is not given to the agent, is taken not\nto have been given to the resident.\n\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Residents to be given access to information about them","content":"102 Residents to be given access to information about them\n(1) The operator of a retirement village—\n(a) must, if asked at any reasonable time, give a resident of the\nvillage access to any information about the resident that is held\nby the operator; and\n(b) must give the resident a copy of that information if the resident\nasks for it; and\n(c) if the resident satisfies the operator that any of the information\nis incorrect—must correct the information, if asked, in\naccordance with the resident’s instructions.\nNote Section 258 prohibits the operator of a retirement village from charging\nthe resident for giving access to the information or providing a copy of it.\n(2) If the operator fails to comply with a request made under this section,\nthe resident may apply to the ACAT for an order directing the\noperator to comply.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Residents committees and organisations","content":"103 Residents committees and organisations\n(1) The residents of a retirement village may consent to the establishment\nof a residents committee for the village.\n(2) The residents committee for a retirement village—\n(a) if the retirement village is subject to a units plan—is the\nexecutive committee of the owners corporation for the units\n(b) in any other case—must be elected by the residents.\n(3) Only 1 residents committee may be established for a retirement\n(4) Only a resident of a retirement village may be a member of the\nresidents committee for the village.\n\n(5) If more than 1 entity (regardless of its name) purports to be the\nresidents committee for a retirement village, the operator or a resident\nof the village may apply to the ACAT for an order deciding which\nentity (if any) is the residents committee for the village.\n(6) A residents committee may, subject to a regulation—\n(a) decide its own procedure; and\n(b) form 1 or more subcommittees and decide their procedure; and\n(c) call meetings of all the residents of the village to consider and\nvote on matters mentioned in section 112 (1) (Meetings of\n(7) The operator of a retirement village commits an offence if the\n(a) discourages or prevents the establishment of a residents\ncommittee; or\n(b) obstructs a residents committee in the exercise of its functions;\nor\n(c) attempts to prevent residents from joining an organisation for\nresidents of retirement villages.\n(8) An offence against subsection (7) is a strict liability offence.\n(9) The operator must provide reasonable administrative assistance to the\nresidents committee on request by the committee, but only if an\nestimate of the cost of providing the assistance has been included in\nthe approved annual budget for the financial year in which the\nassistance is requested.\nprinting or distributing notices\n(10) Nothing in this section prevents the residents from establishing other\ncommittees of residents for other purposes.\n\n(11) In this section:\nexecutive committee, of an owners corporation—see the Unit Titles\n(Management) Act 2011, dictionary.\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Membership of residents committee","content":"104 Membership of residents committee\n(1) A person must not hold the same office, or hold an office exercising\nthe same (or substantially the same) function, on the residents\ncommittee for a retirement village for more than 3 consecutive years,\nexcept as provided by regulation.\n(2) For subsection (1), the 3 consecutive year period starts on the day the\nperson starts performing the functions of the office.\n(3) The election of a person to an office in contravention of subsection\n(1) is void.\n(4) Any act, matter or thing done by a residents committee, in good faith,\neven though at the time that the act, matter or thing was done the\nelection of a member of the committee was void under subsection (3),\nis valid as if the election of the member was not void under that\nsubsection.\n(5) Anything done by a residents committee is not invalid only because\nthe election of a committee member was void under subsection (3).\n(6) This section does not apply to a residents committee for a retirement\nvillage that is subject to a units plan.\noffice, on a residents committee for a retirement village—\n(a) means a position on the committee with stated functions; and\npresident, treasurer, secretary\n(b) does not include the position of ordinary member.\n\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Regulations about residents committees","content":"105 Regulations about residents committees\nA regulation may—\n(a) provide for matters in relation to the election, functions and\nprocedure of a residents committee and subcommittee; and\n(b) prescribe model rules that may be adopted by a residents\ncommittee.\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Meetings between residents committee and operator","content":"106 Meetings between residents committee and operator\n(1) The operator of a retirement village must, on the reasonable request\nof a residents committee for the village, meet the residents committee\n(or a representative of the committee).\n(2) Subsection (1) does not apply to an operator who owns land in the\nvillage unless the operator is also involved in the management and\ncontrol of the village.\n(3) A residents committee (or a representative of the committee) must,\non the reasonable request of the operator, meet the operator.\n(4) If a reasonable request under this section is not complied with, the\noperator or the residents committee that made the request may apply\nto the ACAT for an order directing compliance with the request.\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"Operator must hold annual management meeting","content":"107 Operator must hold annual management meeting\noperator does not hold, in each financial year for the village, an annual\nmanagement meeting of the residents of the village in accordance\nwith this section.\n(3) The annual management meeting must be held not more than\n4 months after the end of each financial year.\n\n(4) Nothing in this section prevents the operator from calling a meeting\nof the residents at any other time.\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Operator must give notice of annual management","content":"108 Operator must give notice of annual management\nmeeting\noperator does not give written notice to the residents of the village at\nleast 14 days before the annual management meeting of—\n(a) the time and place of the meeting; and\n(b) the agenda for the meeting.\n(3) A notice under subsection (1) must include an invitation to the\nresidents to submit—\n(a) written questions to the operator at least 7 days before the\nmeeting; and\n(b) other questions at the meeting.\n(4) A regulation may prescribe matters that must be included in the\nagenda for an annual management meeting.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Annual management meeting—chair","content":"109 Annual management meeting—chair\n(1) The annual management meeting of the residents of a retirement\nvillage must be chaired by—\n(a) the operator of the village; or\n(b) a representative of the operator who is authorised to answer\nquestions put at the meeting in accordance with section 110.\n\n(2) If the operator or representative is required to leave any part of the\nmeeting under section 113 (4), that part of the meeting must be\nchaired by a resident agreed to by the residents at the meeting.\nNote The annual management meeting is a meeting of the residents of a\nretirement village and, accordingly, the provisions of this Act applying to\nmeetings of the residents also apply to an annual management meeting.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Questions to be answered at annual management","content":"110 Questions to be answered at annual management\nmeeting\n(1) The chair of the annual management meeting must ensure that the\nresidents of a retirement village have a reasonable opportunity to put\nquestions to the operator of the village or a representative of the\noperator at the meeting.\n(2) The operator or representative of the operator must answer questions\nsubmitted in writing under section 108 (3) (a) (Operator must give\nnotice of annual management meeting) or put to the operator or\nrepresentative at the meeting—\n(a) if possible—in reasonable detail at the relevant meeting; and\n(b) to the extent that compliance with paragraph (a) is not\npossible—in reasonable detail, as soon as practicable after the\nmeeting, in writing given to all of the residents of the retirement\n(3) Nothing in this section requires the operator or representative to—\n(a) answer an unreasonable question; or\n(b) answer a question relating to an excluded matter prescribed by\n","sortOrder":115},{"sectionNumber":"110A","sectionType":"section","heading":"Operator must keep minutes of meetings with residents","content":"110A Operator must keep minutes of meetings with residents\n(1) This section applies to the following meetings of a retirement\n(a) an annual management meeting; or\n\n(b) a meeting between the operator and the residents of the village\nconvened by the operator, whether under this Act or otherwise.\n(2) The operator of the retirement village must keep minutes of the\nmeeting.\nNote If minutes or other records kept by the operator of a retirement village\ncontain personal information, the operator must comply with the\nAustralian Privacy Principles under the Privacy Act 1988 (Cwlth) in\nrelation to that information.\n(3) The operator must—\n(a) make the minutes available for inspection by residents at the\n(b) for minutes in relation to a meeting held on a regular basis—\narrange for the minutes to be adopted at the following meeting.\n(4) The operator may keep the minutes in an electronic form.\n","sortOrder":116},{"sectionNumber":"111","sectionType":"section","heading":"Villages without residents committee","content":"111 Villages without residents committee\nIf there is no residents committee elected for a retirement village, the\noperator of the village must call a meeting of the residents (to be held\nin or near the village) if requested to do so by—\n(a) for a village with fewer than 10 occupied residential premises—\nresidents from a majority of the occupied residential premises;\nor\n(b) for a village with 10 or more occupied residential premises—the\ngreater of—\n(i) 5 residents of the village; and\n(ii) 10% of the residents of the village.\n\n","sortOrder":117},{"sectionNumber":"112","sectionType":"section","heading":"Meetings of residents","content":"112 Meetings of residents\n(1) The residents of a retirement village may meet to consider and vote\non—\n(a) any matter for which the consent of the residents is required\nunder this Act; and\n(b) any other matter affecting the management and operation of the\n(c) any other matter prescribed by regulation.\n(2) A meeting of residents of a retirement village (other than an annual\nmanagement meeting) must be chaired by a resident agreed to by the\nresidents at the meeting.\n(3) A vote of the residents of a retirement village on a matter mentioned\nin subsection (1) (b) does not bind the operator of the village.\n(4) If 2 or more residents occupy the same residential premises in the\n(a) each of them may attend a meeting mentioned in subsection (1);\nbut\n(b) only 1 of them may vote on a matter mentioned in\n(5) Despite subsection (4), the residents of a retirement village may, by\nspecial resolution at a meeting, consent to each resident occupying\nthe same residential premises having a separate vote at the meeting,\non a matter mentioned in subsection (1).\n(6) Subsections (4) and (5) do not apply to the residents of a retirement\nvillage that is subject to a units plan.\nNote For voting procedures for residents of a retirement village that is subject\nto a units plan, see the Unit Titles (Management) Act 2011, sch 3, s 3.22.\n\n(7) A meeting of residents may be held simultaneously with a meeting\nthat the residents, in another capacity, are required to hold or\nparticipate in under another Act.\na meeting required under the Unit Titles (Management) Act 2011\n(8) The operator of a retirement village commits an offence if the\noperator interferes with a resident exercising a power under\n(9) An offence against subsection (8) is a strict liability offence.\n","sortOrder":118},{"sectionNumber":"112A","sectionType":"section","heading":"Meetings of residents—methods of communication","content":"112A Meetings of residents—methods of communication\n(1) This section applies to a meeting of residents of a retirement village\nmentioned in section 112 (1).\n(2) The residents committee may authorise that the meeting be held using\na method of communication, or a combination of methods of\ncommunication, that allows a resident taking part to hear or otherwise\nknow what each other resident taking part says without the residents\nbeing in each other’s presence.\na phone link, a satellite link, an internet or intranet link, in writing\n(3) If there is no residents committee for a retirement village, the\nresidents of the village may make an authorisation under\nsubsection (2) if requested to do so by—\n(a) for a village with fewer than 10 occupied residential premises—\nresidents from a majority of the occupied residential premises;\nor\n\n(b) for a village with 10 or more occupied residential premises—the\ngreater of—\n(i) 5 residents of the village; and\n(ii) 10% of the residents of the village.\n(4) A person who takes part in a meeting conducted under subsection (2)\nis taken, for all purposes, to be present at the meeting.\n","sortOrder":119},{"sectionNumber":"113","sectionType":"section","heading":"Attendance at meetings of residents","content":"113 Attendance at meetings of residents\n(1) A resident of a retirement village is not obliged to attend, or vote at,\na meeting of the residents of the village.\n(2) A person (other than a proxy of a resident) who is not a resident of\nthe village (including a person who occupies residential premises in\nthe village otherwise than under a residence right) must not attend, or\nremain at, a meeting of the residents unless the residents at the\nmeeting consent to the person attending the meeting.\nNote A person is not a proxy for a resident unless the person is appointed under\ns 116 (see s 116 (3)).\n(3) Subsection (2) does not apply to the operator of a retirement village,\nor a representative of the operator, during the annual management\nmeeting of the village.\n(4) An operator or representative who is attending a meeting of the\nresidents (with the residents’ consent), or attending an annual\nmanagement meeting of the village, must leave the meeting during\nany vote that is taken by the residents at the meeting, but may return\nto the meeting after the vote.\n(5) Despite subsection (2), a person may attend a meeting of the residents\nof a retirement village and vote at the meeting on behalf of a resident\nif the person—\n(a) is authorised to do so under a power of attorney given in favour\nof the person by the resident; or\n\n(b) is a person appointed under the Guardianship and Management\nof Property Act 1991 as guardian for the resident.\n","sortOrder":120},{"sectionNumber":"114","sectionType":"section","heading":"Meetings of residents—attendance by investigator","content":"114 Meetings of residents—attendance by investigator\n(a) the residents of the village consent to an investigator attending\na meeting of the residents; and\n(b) the operator prevents or hinders the investigator attending the\nmeeting.\n","sortOrder":121},{"sectionNumber":"115","sectionType":"section","heading":"No restrictions on voting","content":"115 No restrictions on voting\n(1) A village contract may explain the system under which, at the time\nthe contract is entered into, the residents of the retirement village meet\nand consider and vote on matters mentioned in section 112 (1)\n(Meetings of residents).\n(2) However, a term of the contract that purports to bind a resident to a\nparticular system is void to the extent that it does so.\n(3) A covenant, and any contract or other arrangement between the\noperator of a retirement village and a resident of the village, under\nwhich a particular vote of the resident (or the resident’s failure to\nvote) on a matter relating to the village attracts a penalty, is void to\nthe extent of that provision.\n","sortOrder":122},{"sectionNumber":"116","sectionType":"section","heading":"Proxies","content":"116 Proxies\n(1) A resident of a retirement village may, from time to time, appoint a\nperson as the proxy of the resident.\n(2) The appointment must be made in the way prescribed by regulation.\n\n(3) A person is not the proxy of a resident of a retirement village for this\nAct unless the person is appointed under this section.\n(4) An appointment of the operator of a retirement village or close\nassociate of the operator as a proxy is void.\n(5) A person appointed as the proxy of a resident of a retirement village\ncannot vote on a matter on the resident’s behalf if the resident\npersonally votes on the matter.\n(6) This section applies despite the terms of the instrument appointing a\nperson as the proxy of the resident.\n(7) This section does not apply to residents of a retirement village that is\nsubject to a units plan.\nNote For proxy votes for residents of a retirement village that is subject to a\nunits plan, see the Unit Titles (Management) Act 2011, sch 3, s 3.26.\n","sortOrder":123},{"sectionNumber":"117","sectionType":"section","heading":"Certain limitations on proxies","content":"117 Certain limitations on proxies\n(1) If a person holds appointments as the proxy of 2 residents (or any\nother number of residents prescribed by regulation) in any\n1 retirement village at any 1 time, the appointment of the person as\nproxy of another resident of the village, while the person continues to\nhold the other appointments, is void.\n(2) An appointment of a person as the proxy of a resident of a retirement\n(a) may be revoked at any time by the appointor by written notice\nto the person; and\n(b) if it is not revoked, ends—\n(i) after the first meeting at which it is exercised; or\n(ii) if it is not exercised during the period of 6 months\nimmediately following the day the appointment is made—\non the end of that period.\n\n(3) Nothing in this section prevents a resident of a retirement village from\nreappointing a person as the resident’s proxy after the revocation or\nending of an appointment.\n(4) This section does not apply to residents of a retirement village that is\nsubject to a units plan.\nNote For proxy votes for residents of a retirement village that is subject to a\nunits plan, see the Unit Titles (Management) Act 2011, sch 3, s 3.26.\n","sortOrder":124},{"sectionNumber":"118","sectionType":"section","heading":"Effect of certain votes","content":"118 Effect of certain votes\nA vote or resolution of the residents of a retirement village that\npurports to oblige the operator of the village to do either of the\nfollowing is void:\n(a) to abandon or amend plans for development in the village;\n(b) to stop acting as the operator of the village.\nNote Submissions about proposed development in the village can be made\nunder the Planning Act 2023 at the time the operator seeks development\napproval under that Act.\nRetirement villages may contain residential premises that are subject to a\ncompany title scheme, a community title scheme or a units plan.\nResolutions of directors or members of the companies, and votes of\nrelevant bodies corporate for community title schemes and owners\ncorporations for unit titles have no relevance to decisions of residents\nunder this Act.\n","sortOrder":125},{"sectionNumber":"119","sectionType":"section","heading":"Notice of intention to vacate","content":"119 Notice of intention to vacate\nThe maximum notice of an intention to vacate residential premises in\na retirement village that the operator of the village may require from\na resident of the premises (whether under a contract or otherwise) is\n1 month’s written notice.\n\nDivision 6.4 Right of certain relatives to become residents\nDivision 6.4 Right of certain relatives to become\nresidents\n120 Relative may ask to enter into residence contract\n(1) This section applies to a relative of a resident of residential premises\nin a retirement village if the relative—\n(a) is a retired person; and\n(b) is occupying the residential premises at the time that the resident\ndies or vacates the premises; and\n(c) had been occupying those premises for at least 6 months\nimmediately before that time.\n(2) The relative of the resident may ask the operator of the retirement\nvillage to enter into a residence contract in relation to the premises.\n(3) This section does not apply if—\n(a) the resident is, or was, a registered interest holder (other than a\nregistered long-term sublessee) in relation to the residential\n(b) the resident is taken to be a resident under section 8 (2)\n(Meaning of residence right).\n","sortOrder":126},{"sectionNumber":"121","sectionType":"section","heading":"Application to ACAT by relative of resident","content":"121 Application to ACAT by relative of resident\n(1) This section applies if the operator of a retirement village does not\nenter into a residence contract mentioned in section 120 (2) with a\nrelative of a resident of residential premises in the village.\n(2) The relative of the resident may apply to the ACAT for an order\ndirecting the operator to enter into the contract within the time stated\nin the order.\n\nRight of certain relatives to become residents Division 6.4\n","sortOrder":127},{"sectionNumber":"122","sectionType":"section","heading":"Application to ACAT by operator in relation to","content":"122 Application to ACAT by operator in relation to\npossession of premises by relative of resident\n(1) This section applies if a relative of a resident of residential premises\nin a retirement village—\n(a) does not enter into a residence contract mentioned in section 120\n(2) with the operator of the village in relation to the residential\n(b) fails to give vacant possession of the residential premises to the\n(2) The operator may apply to the ACAT for an order directing the\nrelative of the resident to deliver vacant possession of the residential\npremises to the operator within the time stated in the order.\n(3) However, if the ACAT is satisfied that the relative of the resident\nfailed to enter into a residence contract only because the terms of the\nproposed contract were unreasonable, the ACAT may—\n(a) set the terms of the contract, taking into account the following:\n(i) the terms of other residence contracts in force in the\n(ii) the terms in the standard form contract;\n(iii) a term required to be included by a regulation made under\nsection 66 (Prescribed matters in village contracts); and\n(b) direct the operator and the relative to enter into the contract\nwithin the time stated in the order.\n(4) The operator must not enter into a residence contract in relation to the\nresidential premises with a person other than the relative of the\nresident unless—\n(a) the relative gives vacant possession of the premises to the\n(b) the ACAT orders the relative to do so.\n\n(5) A contract entered into in contravention of subsection (4) is void.\n","sortOrder":128},{"sectionNumber":"123","sectionType":"section","heading":"Application to ACAT by operator in relation to","content":"123 Application to ACAT by operator in relation to\npossession of premises by other person\n(a) a person who was occupying residential premises in a retirement\nvillage with a resident of the village who has vacated the\npremises is not a person mentioned in section 120 (1) (Relative\nmay ask to enter into residence contract); and\n(b) the person fails to give vacant possession of the premises to the\n(2) The operator may apply to the ACAT for an order requiring the\nperson to give vacant possession of the premises to the operator\nwithin the time stated in the order.\n","sortOrder":129},{"sectionNumber":"124","sectionType":"section","heading":"Residents to respect rights of other people","content":"124 Residents to respect rights of other people\n(1) It is a term of every residence contract for residential premises in a\nretirement village that the resident of the village must respect the\nrights of other residents of, and other people in, the village.\n(2) Without limiting subsection (1), a resident—\n(a) must not interfere, or cause or allow any interference, with the\nreasonable peace, comfort or privacy of another resident; and\n(b) must respect the rights of the operator of the village, and agents\nand employees of the operator, to work in an environment free\nfrom harassment or intimidation; and\n(c) must not act in a manner that adversely affects the occupational\nhealth and safety of people working in the village.\n\nAdministrators, receivers and managers Division 6.6\n(3) If the operator reasonably believes that a resident has contravened this\nsection, the operator may apply to the ACAT for an order directing\nthe resident to comply with this section.\n","sortOrder":130},{"sectionNumber":"Div 6","sectionType":"division","heading":"6 Administrators, receivers and","content":"Division 6.6 Administrators, receivers and\nmanagers\n","sortOrder":131},{"sectionNumber":"125","sectionType":"section","heading":"Application for order appointing administrator","content":"125 Application for order appointing administrator\n(1) The director-general may apply to the Supreme Court for an order\nappointing a stated person as an administrator in relation to the\noperator of a retirement village—\n(a) to exercise all the functions of the operator; or\n(b) to exercise stated functions of the operator; or\n(c) to exercise all the functions other than stated functions of the\n(2) The director-general may apply for an order only if—\n(a) the director-general reasonably believes that the wellbeing or\nfinancial security of the residents of the retirement village has\nbeen, or is likely to be, seriously affected by the continued\noperation of the retirement village by the operator; or\n(b) the director-general reasonably believes that the operator is\nwilfully and repeatedly acting in contravention of an order made\nby the ACAT or a court in relation to the retirement village; or\n(c) the retirement village is the subject of an existing order under\nthis section.\n(3) For the purpose of determining whether an application for an order\nshould be made, the director-general may appoint a person to inquire\ninto, and report to the director-general on, the wellbeing and financial\nsecurity of the residents of the retirement village.\n\n(4) More than 1 order may be made under this division in relation to the\nsame retirement village.\n","sortOrder":132},{"sectionNumber":"126","sectionType":"section","heading":"No application without consent","content":"126 No application without consent\nThe director-general must not apply for an order appointing a person\nas an administrator under this division unless the person has given\nwritten consent to the appointment.\n","sortOrder":133},{"sectionNumber":"127","sectionType":"section","heading":"Order may exempt administrator from certain obligations","content":"127 Order may exempt administrator from certain obligations\nWithout limiting the terms of the order of appointment of an\nadministrator, the order may exempt the administrator from\ncomplying with stated obligations of the operator of a retirement\n","sortOrder":134},{"sectionNumber":"128","sectionType":"section","heading":"Effect of appointment","content":"128 Effect of appointment\n(1) The operator of a retirement village must not, while an order of\nappointment of an administrator is in force in relation to the village,\nexercise any function of the operator that the administrator is\nauthorised to exercise.\n(2) However, the appointment of an administrator does not relieve the\noperator of any of the operator’s liabilities under a village contract.\n(3) Subject to the terms of the appointment, a person appointed as an\nadministrator—\n(a) must comply with all the obligations of the operator in relation\nto the functions that the person is authorised to exercise\n(including functions under a village contract); and\n(b) is, in the exercise of the operator’s functions, taken to be the\n\nAdministrators, receivers and managers Division 6.6\n","sortOrder":135},{"sectionNumber":"129","sectionType":"section","heading":"Expenses of administration","content":"129 Expenses of administration\n(1) The expenses incurred by an administrator in exercising the functions\nof the operator of a retirement village are payable from—\n(a) recurrent charges; and\n(b) any other funds that would be available to the operator for those\nexpenses if the administrator had not been appointed.\n(2) The Territory is not liable for—\n(a) any expenses incurred by an administrator to exercise the\nfunctions of the operator; or\n(b) any liability of the operator for which an administrator is\nappointed.\n","sortOrder":136},{"sectionNumber":"130","sectionType":"section","heading":"Administrator may amend village contract","content":"130 Administrator may amend village contract\n(1) Despite any other provision of this Act, an administrator may, with\nthe director-general’s consent—\n(a) amend or revoke an approved annual budget; or\n(b) amend the recurrent charges payable by the residents of the\nretirement village; or\n(c) change the services offered by the retirement village.\n(2) The director-general may give consent under subsection (1) only if,\nin the director-general’s opinion, the proposed revocation,\namendment or change is done to—\n(a) assist in the process of finding a new operator for the retirement\n(b) ensure the financial viability of the retirement village.\n(3) Nothing done by the administrator in accordance with this section\nconstitutes a breach of contract or other civil wrong.\n\n(4) No compensation is payable to any person because of the operation\nof this section or anything done under this section.\n","sortOrder":137},{"sectionNumber":"131","sectionType":"section","heading":"Revocation of appointment","content":"131 Revocation of appointment\nThe appointment of an administrator may be revoked or amended by\nthe Supreme Court (whether or not on application by the\ndirector-general).\n","sortOrder":138},{"sectionNumber":"132","sectionType":"section","heading":"Receivers and managers","content":"132 Receivers and managers\n(1) If a receiver, or a receiver and manager, is appointed in relation to the\noperator of a retirement village, the person appointed must (subject\nto the terms of the appointment) comply with the operator’s\nobligations under this Act as if that person were the operator.\n(2) The terms of appointment of a receiver, or a receiver and manager,\nmay exempt the appointee from complying with stated obligations.\n(3) This section does not apply to the extent that it is inconsistent with\nthe Corporations Act.\n","sortOrder":139},{"sectionNumber":"133","sectionType":"section","heading":"Protection from liability—administrator, receiver or","content":"133 Protection from liability—administrator, receiver or\nreceiver and manager\nAn administrator, a receiver or receiver and manager is not civilly\nliable for anything done or omitted to be done honestly and without\nrecklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n\nPreliminary Division 7.1\nPart 7 Financial management of\nDivision 7.1 Preliminary\n133A Meaning of resident—pt 7\n134 Financial year for retirement village\n(1) The operator of a retirement village must fix a financial year for the\n(2) The financial year must be a period of 12 months beginning and\nending on dates fixed by the operator.\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Definitions—div 7.2","content":"135 Definitions—div 7.2\n(1) In this division:\ncapital item, for which the operator of a retirement village is\nresponsible—\n(a) means—\n(i) a building or structure in the village; and\n(ii) plant, machinery or equipment used in the village’s\noperation; and\n(iii) any part of a building or structure in the village, including\nany part of a building or structure in a community area,\namenity area, service area or access area; and\n\n(iv) any other item prescribed by regulation; but\n(b) does not include a capital item that is—\n(i) owned by a resident of the village; or\n(ii) common property under a community title scheme or units\n(iii) prescribed by regulation.\ncapital maintenance—\n(a) means works carried out for repairing or maintaining a capital\nitem; and\n(b) includes works prescribed by regulation as being capital\nmaintenance; but\n(c) does not include works prescribed by regulation as not being\ncapital maintenance.\ncapital replacement—\n(a) means works carried out for replacing a capital item; but\n(b) does not include—\n(i) capital maintenance; or\n(ii) replacing a part of a capital item (unless replacing the part\nsubstantially improves, adds to or alters the capital item).\ncommon property—\n(a) under a community title scheme—see the Community Title\nAct 2001, section 18; and\n(b) under a units plan—see the Unit Titles Act 2001, section 13.\n\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Meaning of urgent—div 7.2","content":"136 Meaning of urgent—div 7.2\nurgent—repair or replacement of a capital item in a retirement village\nis urgent if it is to rectify any of the following:\n(a) a burst water service;\n(b) a blocked or broken lavatory service;\n(c) a serious roof leak;\n(d) a gas leak;\n(e) a dangerous electrical fault;\n(f) flooding or serious flood damage;\n(g) serious storm or fire damage;\n(h) a failure or breakdown of the gas, electricity or water supply to\nresidential premises in the village;\n(i) a failure or breakdown of any essential service on the residential\npremises for hot water, cooking, heating or laundering;\n(j) any fault or damage that causes the village to be unsafe or\ninsecure;\n(k) anything else prescribed by regulation.\n","sortOrder":142},{"sectionNumber":"136A","sectionType":"section","heading":"Capital maintenance and replacement guidelines","content":"136A Capital maintenance and replacement guidelines\n(1) The Minister may make guidelines in relation to this division.\n(2) Without limiting subsection (1), a guideline may make provision in\nrelation to the following:\n(a) the operation of this division;\n(b) the classification of, including the distinction between, capital\nmaintenance and capital replacement.\n\n(3) A guideline is a notifiable instrument.\n","sortOrder":143},{"sectionNumber":"137","sectionType":"section","heading":"Operator’s obligations—capital maintenance or","content":"137 Operator’s obligations—capital maintenance or\n(1) The operator of a retirement village must maintain each item of\ncapital for which the operator is responsible in a reasonable condition\ntaking into account the following:\n(a) the age of the item;\n(b) the prospective life of the item;\n(c) the money paid to the operator by the residents under a village\ncontract (including ingoing contributions).\nNote Capital maintenance—see the dictionary.\n(2) If it is not practical to maintain a capital item, the operator may\nreplace the item.\n(3) The operator must repair or replace a capital item for which the\noperator is responsible within a reasonable time after becoming aware\nof the need to repair or replace the item.\n","sortOrder":144},{"sectionNumber":"138","sectionType":"section","heading":"Residents’ obligations—capital maintenance or","content":"138 Residents’ obligations—capital maintenance or\n(1) If a resident of a retirement village becomes aware that a capital item\nfor which the operator of the village is responsible and that is located\nin the resident’s residential premises needs to be repaired or replaced,\nthe resident must notify the operator as soon as practicable after\nbecoming aware of it.\n(2) The resident must reimburse the operator in relation to any damage\n(other than fair wear and tear) caused by the resident to a capital item\nfor which the operator is responsible.\n\n(3) The resident must not hinder or obstruct the operator, or a person\nauthorised by the operator, from maintaining (including repairing) or\nreplacing a capital item for which the operator is responsible.\nNote Section 100 sets out the circumstances in which an operator of a\nretirement village or a person authorised by the operator may enter\nresidential premises for which a person has a residence right.\n","sortOrder":145},{"sectionNumber":"139","sectionType":"section","heading":"Resident may carry out urgent work","content":"139 Resident may carry out urgent work\n(1) A resident of a retirement village may carry out capital maintenance\nor capital replacement (the work) in relation to a capital item for\nwhich the operator of the village is responsible—\n(a) if the work is urgent; and\n(b) after the resident gives the operator a reasonable opportunity to\ncarry out the work.\n(2) The operator of the retirement village must reimburse the resident for\nthe reasonable costs incurred by the resident in carrying out the work.\n(3) If the operator does not reimburse the resident within 21 days after\nthe resident seeks reimbursement, the resident may apply to the\nACAT for an order requiring the operator to reimburse the resident.\n(4) The ACAT may also, if the ACAT considers it appropriate, make an\norder for the payment of interest at a rate determined by the ACAT.\n","sortOrder":146},{"sectionNumber":"140","sectionType":"section","heading":"ACAT may make orders for capital maintenance and","content":"140 ACAT may make orders for capital maintenance and\n(1) If a resident of a retirement village considers that the operator of the\nvillage is not maintaining or replacing capital items for which the\noperator is responsible when necessary, the resident may apply to the\nACAT for an order directing the operator—\n(a) to carry out stated maintenance of a capital item within the time\nstated in the order; or\n\n(b) to replace a stated capital item within the time stated in the order.\nNote Maintaining a capital item includes repairing the item—see s 135 (1), def\ncapital maintenance, par (a).\n(2) If the operator of a retirement village considers that a resident of the\nvillage has caused damage (other than fair wear and tear) to a capital\nitem for which the operator is responsible, the operator may apply to\nthe ACAT for an order directing the resident to reimburse the operator\nfor the cost of the maintenance or replacement of the capital item as\na result of the damage.\n","sortOrder":147},{"sectionNumber":"141","sectionType":"section","heading":"Funding of certain capital maintenance and capital","content":"141 Funding of certain capital maintenance and capital\n(1) The operator of a retirement village may fund the cost of capital\nmaintenance for which the operator is responsible from the following\nsources:\n(a) the capital works fund for the village (if any);\n(b) recurrent charges.\n(2) The operator must bear the cost of capital replacement of a capital\nitem for which the operator is responsible.\n(3) This section does not authorise the funding of any of the following\nfrom the capital works fund or recurrent charges for the retirement\nvillage:\n(a) the construction of a new building or a new stage of the village;\n(b) any work arising from the breach of a statutory warranty under\nthe Building Act 2004, section 88 (Statutory warranties), in\nrelation to which a proceeding may be started under that Act;\n(c) the depreciation of capital items;\n(d) the refurbishment of vacant residential premises in the village;\n(e) anything else prescribed by regulation.\n\n","sortOrder":148},{"sectionNumber":"142","sectionType":"section","heading":"Capital maintenance to be included in proposed annual","content":"142 Capital maintenance to be included in proposed annual\n(a) the operator of a retirement village is required to supply the\nresidents of the village with a proposed annual budget; and\n(b) the operator proposes to use any recurrent charges or any part of\nthe capital works fund (if any) for the village to fund capital\nmaintenance.\n(2) The operator must, in the proposed annual budget—\n(a) list each item of capital maintenance that is proposed to be\ncarried out; and\n(b) state, in relation to each item, the expected cost; and\n(c) include, in relation to each item, any quotes the operator has\nobtained; and\n(d) include provision for urgent capital maintenance.\n","sortOrder":149},{"sectionNumber":"143","sectionType":"section","heading":"Capital works fund","content":"143 Capital works fund\n(1) This section applies if an approved annual budget for a retirement\nvillage provides for the setting aside of any part of the recurrent\ncharges for funding capital maintenance in a period that extends\nbeyond the end of the financial year to which the budget relates.\n(2) The operator of the village must establish and maintain a capital\nworks fund.\n(3) However, this section does not require that a separate fund be\nestablished for each financial year.\n(4) A capital works fund must be held in an account with an authorised\ndeposit-taking institution or as otherwise prescribed by regulation.\n\n(5) The operator must pay the following into the capital works fund:\n(a) an amount of the recurrent charges as may be needed under an\napproved annual budget;\n(b) any interest received from the investment of the whole, or part\nof, the capital works fund.\n","sortOrder":150},{"sectionNumber":"144","sectionType":"section","heading":"Misuse capital works fund amounts","content":"144 Misuse capital works fund amounts\noperator uses a capital works fund amount for a purpose other than\nany of the following:\n(a) to meet the cost of capital maintenance;\n(b) if the residents of the village consent to a proposal that the\noperator distribute any part of the fund that is not required to\nfund capital maintenance to the residents in equal shares—to\ngive effect to that proposal;\n(c) for a purpose prescribed by regulation.\n(3) A proposal mentioned in subsection (1) (b) may be made by the\noperator or the residents committee.\n(4) If the residents consent to a proposal made by the residents committee\nunder subsection (1) (b), the operator may apply to the ACAT for an\norder that—\n(a) the distribution is not to be made; or\n(b) approves or amends the proposed distribution.\n\n(5) In making an order under subsection (4), the ACAT may consider the\n(a) the proportion of the capital works fund proposed to be\ndistributed;\n(b) whether the proportion of the capital works fund proposed to be\ndistributed is reasonably likely to be required to fund capital\nmaintenance;\n(c) anything else the ACAT considers appropriate.\n","sortOrder":151},{"sectionNumber":"145","sectionType":"section","heading":"Retirement village to be insured","content":"145 Retirement village to be insured\noperator does not insure and keep insured the village in accordance\nwith this section.\n(3) The village must have insurance that—\n(a) covers the following:\n(i) damage;\n(ii) costs incidental to the reinstatement or replacement of\ninsured buildings;\n(iii) public liability; and\n(b) provides for the reinstatement of property to its condition when\nnew.\n(4) A regulation may prescribe a minimum amount of public liability\ninsurance that is required under this section.\n(5) Insurance for damage and costs incidental to the reinstatement or\nreplacement of insured buildings in the retirement village must cover\nthe full replacement value of the buildings.\n\n(6) Nothing in this section requires the operator to insure a capital item\nother than a capital item for which the operator is responsible.\n(7) The operator may fund insurance required under this section from\nrecurrent charges if the cost of the insurance is included in the\napproved annual budget.\n","sortOrder":152},{"sectionNumber":"146","sectionType":"section","heading":"Sale of capital items to residents","content":"146 Sale of capital items to residents\n(a) the operator sells a capital item for which the operator is\nresponsible; and\n(b) the sale is to a resident of the village; and\n(c) the sale is not in accordance with the requirements prescribed by\n(3) A contract, agreement, scheme or arrangement is unenforceable to the\nextent that it purports to sell, or pass responsibility for the\nmaintenance or replacement of, capital items in contravention of\n(4) Subsection (1) does not apply to the sale of residential premises, or\nfixtures in residential premises, in a retirement village.\nmentioned in s (4) (see Criminal Code, s 58).\nresident includes a prospective resident.\nsell, a capital item to a resident, includes pass responsibility for the\ncapital item, directly or indirectly, to the resident.\n\n","sortOrder":153},{"sectionNumber":"147","sectionType":"section","heading":"Operator to pay certain recurrent charges","content":"147 Operator to pay certain recurrent charges\n(1) The operator of a retirement village must pay, in relation to new\nresidential premises in the village, an amount equal to the recurrent\ncharges for general services payable under a village contract in\nrelation to comparable (or the most nearly comparable) residential\nnew residential premises means residential premises that have not and\nhave never been the subject of a village contract.\n","sortOrder":154},{"sectionNumber":"148","sectionType":"section","heading":"Amendment of recurrent charges","content":"148 Amendment of recurrent charges\n(1) A village contract may provide that any recurrent charges payable\nunder the contract—\n(a) are to be amended at stated intervals (or on stated dates)\naccording to a fixed formula; or\nExample—fixed formula\nin proportion to variations in the Consumer Price Index\n(b) may be amended otherwise than according to a fixed formula.\n(2) If a village contract provides for any recurrent charges payable under\nthe contract to be amended otherwise than according to a fixed\nformula—\n(a) the recurrent charges must not be amended more than once in a\nfinancial year; and\n(b) any subsequent amendment within that period has no effect.\n(3) A village contract must not provide for more than 1 method of\namending the recurrent charges payable under the contract.\n\n(4) If a village contract provides for more than 1 method of amending\nrecurrent charges, the method that results in the lowest increase in\nrecurrent charges is the applicable method.\n","sortOrder":155},{"sectionNumber":"149","sectionType":"section","heading":"Recurrent charges amended by fixed formula","content":"149 Recurrent charges amended by fixed formula\n(1) If a village contract provides that recurrent charges are to be amended\naccording to a fixed formula, the operator of a retirement village must\ngive a resident who is a party to the contract written notice of the\namendment at least 14 days before it takes effect.\n(2) The notice must state the following:\n(a) the amount of the new recurrent charges;\n(b) the day when the new recurrent charges take effect;\n(c) anything else prescribed by regulation.\n(3) The resident is not required to pay any increase in the resident’s\nrecurrent charges until notice of the increase is given in accordance\nwith subsection (1).\n(4) The operator of a retirement village commits an offence if—\n(a) a village contract provides that recurrent charges under the\ncontract must be amended according to a fixed formula; and\n(b) the operator amends the recurrent charges; and\n(c) the amendment does not comply with—\n(i) the fixed formula; or\n(ii) this section.\n(5) An offence against this section is a strict liability offence.\n\n","sortOrder":156},{"sectionNumber":"150","sectionType":"section","heading":"Recurrent charges amended otherwise than by fixed","content":"150 Recurrent charges amended otherwise than by fixed\nformula\n(1) This section applies to the amendment of recurrent charges payable\nunder a village contract if the contract provides that the recurrent\ncharges are to be amended otherwise than in accordance with a fixed\nformula.\nNote Amendment of recurrent changes otherwise than in accordance with this\nAct is an offence (see s 152).\n(2) The operator of a retirement village must give a resident of the village\nwritten notice of a proposed amendment of recurrent charges under\nthis section—\n(a) on a day, at least 30 days before the day the proposed\namendment takes effect, agreed to by the operator and the\nresidents; or\n(b) if no day is agreed—at least 60 days before the day the proposed\namendment takes effect; or\n(c) if a regulation prescribes another time—at the prescribed time.\n(3) The notice must—\n(a) state the amount of the proposed recurrent charges; and\n(b) state the date it is intended that the proposed recurrent charges\nare to be payable; and\n(c) include details of any action taken to minimise the proposed\namendment of recurrent charges; and\n(d) state that the amendment will take effect only if the residents\naffected by the proposed amendment consent to the amendment\nor the ACAT orders that it take effect; and\n(e) include anything else prescribed by regulation.\n\n(4) A notice may—\n(a) cancel an earlier notice under this section; or\n(b) provide for a lesser increase than the increase stated in an earlier\nnotice.\n(5) A notice that provides for a lesser increase than the increase stated in\nan earlier notice is taken to have been given on the day the earlier\nnotice was given.\n(6) However, the 30-day period mentioned in section 153 (2) (Residents\nconsent to amendment) begins, in relation to a later notice, on the day\nthe later notice is actually given.\n(7) If the operator operates more than 1 retirement village, the operator\nmust deal with each village separately under this section.\n","sortOrder":157},{"sectionNumber":"152","sectionType":"section","heading":"Amending certain recurrent charges otherwise than in","content":"152 Amending certain recurrent charges otherwise than in\naccordance with Act\n(a) a village contract provides that recurrent charges payable under\nthe contract are to be amended as set out in section 150\n(Recurrent charges amended otherwise than by fixed formula);\nand\n(b) the operator increases the recurrent charges; and\n(c) the increase is—\n(i) beyond the upper limit (if any) stated in the contract; or\n(ii) not in accordance with section 150.\n\n","sortOrder":158},{"sectionNumber":"153","sectionType":"section","heading":"Residents consent to amendment","content":"153 Residents consent to amendment\n(1) An amendment of recurrent charges payable under a village contract\ntakes effect under section 150 (Recurrent charges amended otherwise\nthan by fixed formula) only if—\n(a) the residents of the retirement village consent to it; or\n(b) the ACAT orders under section 154 that the amendment takes\neffect.\n(2) The residents must, not later than 30 days after receiving a notice\nunder section 150—\n(a) meet, consider and vote on the proposed amendment; and\n(b) tell the operator of the retirement village that they consent, or do\nnot consent, to the amendment.\nNote Consent by residents to the amendment of recurrent charges under a\nvillage contract is not consent to spending stated in a proposed annual\nbudget for the village (see s 162 (10)).\n(3) If the operator is told nothing under subsection (2) (b), the residents\nare taken to have refused to consent to the amendment.\n(4) If the residents committee for the village (or, if there is no residents\ncommittee, a resident) requests information about the proposed\namendment for the purpose of deciding whether to consent to it, the\noperator must give the information requested.\n(5) However, the operator does not have to give information prescribed\nby regulation.\n(6) If the operator fails to give the information within the time prescribed\nby regulation, the residents committee or resident may apply to the\nACAT for an order requiring the operator to give the information\nstated in the order.\n\n","sortOrder":159},{"sectionNumber":"154","sectionType":"section","heading":"ACAT orders—recurrent charges","content":"154 ACAT orders—recurrent charges\n(1) The operator of a retirement village may apply to the ACAT for an\norder in relation to a proposed amendment of recurrent charges\npayable under a village contract for residential premises in the village\nif—\n(a) the consent of the residents of the village is required under\nsection 153 (2) before the proposed amendment can take effect;\nand\n(b) the residents do not consent to the proposed amendment.\n(2) The ACAT may, on application by the operator, make an order that—\n(a) the proposed amendment is to take effect, with or without\nmodification; or\n(b) the proposed amendment is not to take effect.\n(3) An order under subsection (2) (a) may—\n(a) state the date the amendment is to take effect; and\n(b) order that the recurrent charges are not to be further amended\nfor a stated period of not longer than 12 months.\n(4) In making an order, the ACAT may consider the following:\n(a) the general market level of recurrent charges paid at similar\nretirement villages in the same or a similar locality as the\nretirement village;\n(b) the level and cost of services and facilities provided for in the\nproposed annual budget or approved annual budget;\n(c) any proposed amendments (including additions) to the services\nand facilities to which the residents have consented;\n(d) the cost of general services required to be provided by the\noperator;\n\n(e) the frequency and amount of past amendments of the recurrent\ncharges;\n(f) if the village is subject to a community title scheme or units\nplan—the amounts of levies and other contributions payable by\nthe residents under the Community Title Act 2001 or the Unit\nTitles (Management) Act 2011;\n(g) any other matter the ACAT considers relevant.\n","sortOrder":160},{"sectionNumber":"155","sectionType":"section","heading":"ACAT orders—refund of recurrent charges","content":"155 ACAT orders—refund of recurrent charges\n(1) A resident of a retirement village may apply to the ACAT for an order\ndirecting the refund of overpaid recurrent charges on any grounds,\nincluding the ground that an increase in the charges came into effect\notherwise than in accordance with this division.\n(2) An application must be lodged not later than 12 months after the day\nthe increase in the charges came into effect.\n(3) The ACAT may make an order directing a refund of overpaid\nrecurrent charges.\n","sortOrder":161},{"sectionNumber":"156","sectionType":"section","heading":"Failure to give receipt for payment of recurrent charges","content":"156 Failure to give receipt for payment of recurrent charges\n(1) A person commits an offence if the person—\n(a) receives a payment for recurrent charges owing under a\nresident’s village contract; and\n(b) fails to give a receipt for the payment to the person entitled to\nit—\n(i) if the payment was made in person—at the time the\npayment is made; or\n(ii) if the payment was not made in person—as soon as\npracticable after the payment is made.\nMaximum penalty: 5 penalty units.\n\n(3) A receipt for the payment of recurrent charges must include the\n(a) the name of the operator of the retirement village;\n(b) the name of the resident paying the recurrent charges;\n(c) the resident’s address at the village;\n(d) the period for which the recurrent charge is paid;\n(e) the day the payment is received;\n(f) the amount of the payment.\n(4) Subsection (1) does not apply to recurrent charges paid by agreement\nbetween the resident and the operator into an account at an authorised\ndeposit-taking institution nominated by the operator.\nmentioned in s (4) (see Criminal Code, s 58).\n","sortOrder":162},{"sectionNumber":"157","sectionType":"section","heading":"Reduction of recurrent charges in certain circumstances","content":"157 Reduction of recurrent charges in certain circumstances\n(1) This section applies if residential premises, or a part of residential\npremises, in a retirement village—\n(a) are destroyed or cease to be usable as residential premises, or\nbecome unsuitable for habitation, other than as a result of a\nbreach of the village contract for the residential premises; or\n(b) are compulsorily appropriated or acquired by a Commonwealth\nor Territory entity.\n(2) The recurrent charges payable by the resident of the village are\nreduced accordingly.\nNote The operator or resident may also want to end the residence contract—\nsee s 185.\n\n(3) If the operator and resident do not agree that the recurrent charges\nshould be reduced, or do not agree on the extent to which they should\nbe reduced, either party may apply to the ACAT for an order\ndeclaring that the recurrent charges—\n(a) are not to be reduced; or\n(b) are to be reduced by the amount, and from the date, stated in the\norder.\n","sortOrder":163},{"sectionNumber":"Div 7","sectionType":"division","heading":"4 Proposed and approved annual","content":"Division 7.4 Proposed and approved annual\nbudgets\n","sortOrder":164},{"sectionNumber":"158","sectionType":"section","heading":"Meaning of proposed annual budget—div 7.4","content":"158 Meaning of proposed annual budget—div 7.4\nproposed annual budget, for a financial year for a retirement village,\nmeans a document setting out the way the operator of the village\nproposes to spend the money the operator receives as recurrent\ncharges during the financial year.\n","sortOrder":165},{"sectionNumber":"159","sectionType":"section","heading":"Proposed annual budget","content":"159 Proposed annual budget\n(1) The operator of a retirement village must give each resident in the\nvillage a copy of the proposed annual budget for each financial year\nfor the village—\n(a) on a day, at least 30 days before the beginning of the financial\nyear to which the budget relates, agreed to by the operator and\nthe residents; or\n(b) if no day is agreed—at least 60 days before the beginning of the\nfinancial year to which the budget relates; or\n(c) if a regulation prescribes another time—at the prescribed time.\n\n(3) If the operator operates more than 1 retirement village, the operator—\n(a) may give a combined proposed annual budget in relation to 2 or\nmore villages; but\n(b) when giving the budget to each resident and each former\noccupant of a particular village, must include a separate budget\nfor that village.\n(4) If the retirement village is subject to a units plan, the operator must\nensure that a copy of the general fund budget for a financial year,\nrequired for the annual general meeting of the owners corporation\nunder the Unit Titles (Management) Act 2011, section 75, is given to\nthe residents of the village at the same time as the copy of the\nproposed annual budget for the year.\n(5) A regulation may make provision in relation to—\n(a) matters that must be dealt with in a proposed annual budget; and\n(b) matters that must not be financed by way of using amounts\nreceived for recurrent charges.\n(6) The proposed annual budget must be accompanied by a notice that\nincludes the following:\n(a) a statement to the effect that the operator of the retirement\n(i) must seek the residents consent to spend the money in the\nway set out in the budget; and\n(ii) if the residents do not give their consent—may spend the\nmoney in accordance with an order of the ACAT;\n(b) a brief statement explaining the reasons for any changes in\nspending from the previous financial year;\n\n(c) a statement to the effect that if any change in spending results\nfrom a change in the services or facilities the operator provides\nat the village, consent to that change must be by special\nresolution of the residents;\n(d) anything else prescribed by regulation.\n(7) The notice may include a statement to the effect that the notice is the\noperator’s formal request for the residents’ consent to the spending of\nthe money in the way set out in the budget.\n(8) Nothing in this section prevents the operator cancelling a proposed\nannual budget and replacing it with an amended budget at any time.\n(9) This section is subject to section 160.\n","sortOrder":166},{"sectionNumber":"160","sectionType":"section","heading":"Residents may consent to not receiving proposed annual","content":"160 Residents may consent to not receiving proposed annual\n(1) The residents of a retirement village may consent to not being given\na proposed annual budget for a financial year for the village if, in the\nyear the consent is given, the total amount of the recurrent charges to\nbe collected for the year is not more than—\n(2) If the residents consent to not being given a proposed annual budget\nunder section 159, that section, and section 161 to section 167 do not\napply in relation to the retirement village while the consent is in force.\n(3) Consent given under subsection (1) remains in force until—\n(a) it is revoked by a resolution of the residents of the retirement\n(b) the total amount of the recurrent charges to be collected for the\nfinancial year to which the consent relates is more than—\n(i) the amount prescribed by regulation; or\n\n(ii) if no amount is prescribed—$50 000.\n(4) The operator of the retirement village must notify the residents of the\nname of the auditor of the accounts at the annual management\nmeeting if—\n(a) consent given under subsection (1) is in force; and\n(b) the operator is required to have the accounts of the village\naudited under section 168 (Auditing of accounts).\n","sortOrder":167},{"sectionNumber":"161","sectionType":"section","heading":"ACAT order—proposed annual budget","content":"161 ACAT order—proposed annual budget\nIf the operator of a retirement village does not give the residents of\nthe village a proposed annual budget as required by section 159, a\nresident of the village may apply to the ACAT for an order directing\nthe operator to give the budget.\n","sortOrder":168},{"sectionNumber":"162","sectionType":"section","heading":"Residents’ consent to spending","content":"162 Residents’ consent to spending\n(1) The operator of a retirement village must seek the residents’ consent\nto the spending stated in the proposed annual budget for the village.\n(3) An operator of a retirement village is taken to have complied with\nsubsection (1) if the operator—\n(a) provides a notice as required by section 159 (6) (a) (Proposed\nannual budget); and\n(b) includes a statement mentioned in section 159 (7).\n(4) The operator must give any information in relation to the proposed\nspending that the residents committee for the retirement village (or,\nif there is no residents committee, a resident) reasonably asks for, for\ndeciding whether to consent to the budget.\n\n(5) Without limiting subsection (2), it is reasonable for the residents\ncommittee or a resident to ask to see quotations for any work\nproposed to be carried out, or for any service or facility proposed to\nbe provided, at the retirement village.\n(6) The residents must, within 30 days after receiving a request for\nconsent to a proposed annual budget (or an amended budget)—\n(a) meet, consider and vote on the budget; and\n(b) tell the operator whether they consent or do not consent to the\nbudget; and\n(c) if the residents do not consent to the budget—state which item\nin the budget they object to.\n(7) The residents are taken to have refused to consent to the budget—\n(a) if the operator fails to seek the residents’ consent to the budget;\nor\n(b) if the residents fail to tell the operator whether they consent or\ndo not consent to the budget.\n(8) If the operator operates more than 1 retirement village, the operator\nmust deal with each village separately under this section.\n(9) The requirements in this section are in addition to the requirements\nthat the operator of a retirement village that is subject to a units plan\nmust comply with under the Unit Titles (Management) Act 2011,\nsection 17 (Owners corporation—general meetings) in relation to a\ngeneral meeting of the owners corporation for the village.\n(10) To remove any doubt, consent by residents to the amendment of\nrecurrent charges under a village contract is not consent to spending\nstated in a proposed annual budget for the village under this section.\n\n","sortOrder":169},{"sectionNumber":"163","sectionType":"section","heading":"ACAT orders—decisions about spending","content":"163 ACAT orders—decisions about spending\n(1) If the residents of a retirement village refuse to consent to the\nspending stated in the proposed annual budget for a financial year for\nthe village, the operator of the village or a resident may apply to the\nACAT for an order in relation to the spending proposed for the\nfinancial year.\n(2) On application under subsection (1), the ACAT may do 1 or more of\nthe following:\n(a) make an interim order allowing spending on all items in the\nproposed annual budget other than those stated under\nsection 162 (6) (c) (Residents consent to spending);\n(b) give a procedural direction to the parties to assist the parties to\nagree about the proposed spending, including a direction to\nprepare new spending for services and to meet and discuss\ndisputed matters;\n(c) make a recommendation to the parties about the proposed\nspending, including a recommendation about the cost and kind\nof the services to be provided;\n(d) order that the spending is to be as itemised in the proposed\nannual budget;\n(e) order that there is to be no spending, or reduced or increased\nspending, on a particular item in the proposed annual budget;\n(f) order that there is to be spending of a stated amount on an item\nthat does not appear in the proposed annual budget;\n(g) order that the spending is to be as stated in the order;\n(h) determine liability for expenses (if any) incurred from the\nbeginning of the financial year to which the proposed annual\nbudget relates until the day when an order under\nparagraph (d), (e), (f) or (g) is made;\n(i) make any other order prescribed by regulation.\n\n(3) Subsection (4) applies if—\n(a) the operator makes an application under this section; and\n(b) the ACAT does not, before the beginning of the financial year\nto which the proposed annual budget relates, make an order that\ngives rise to an approved annual budget.\n(4) The operator may spend money received for recurrent charges to meet\nthe reasonable and necessary costs of operating the retirement village\nuntil the ACAT makes an order under subsection (2).\n(5) In deciding an application made by the operator, the ACAT may—\n(a) review any spending by the operator under subsection (4); and\n(b) make an order that the operator is liable for so much of that\nspending it considers was not reasonable or necessary.\n(6) If the ACAT gives a direction under subsection (2) (b) or makes a\nrecommendation for further action under subsection (2) (c), it may—\n(a) adjourn the proceeding for a report from the parties; and\n(b) take further action under subsection (2) it considers necessary\nwhen the proceeding resumes.\n(7) In deciding an application, the ACAT may consider the following:\n(a) the reasonable cost of services provided (or proposed to be\nprovided) in the retirement village;\n(b) the need for the services to be provided in the retirement village;\n(c) any other matter it considers relevant.\n(8) If the ACAT receives an application under this section at the same\ntime it receives, or is considering, an application under section 154\n(ACAT orders—recurrent charges) in relation to recurrent charges\npayable at the same retirement village, it must make a decision under\nthis section before making a decision under section 154.\n\n","sortOrder":170},{"sectionNumber":"164","sectionType":"section","heading":"Proposed annual budget may provide for contingencies","content":"164 Proposed annual budget may provide for contingencies\nA regulation may limit the amount a proposed annual budget may\nallocate for contingencies.\n","sortOrder":171},{"sectionNumber":"165","sectionType":"section","heading":"Spending to be in accordance with approved annual","content":"165 Spending to be in accordance with approved annual\n(1) A proposed annual budget for a financial year for a retirement village\nis taken to be an approved annual budget if—\n(a) the residents of the village consent to spending in accordance\nwith the proposed annual budget; or\n(b) the ACAT orders that the operator of the village is spending as\nitemised in the proposed annual budget.\n(2) However, if the ACAT makes another order in relation to the\nproposed annual budget, the approved annual budget is taken to be\nthe approved annual budget as amended in accordance with the order.\n","sortOrder":172},{"sectionNumber":"166","sectionType":"section","heading":"Spending otherwise than in accordance with approved","content":"166 Spending otherwise than in accordance with approved\nannual budget\n(a) the operator spends money received for recurrent charges for a\nfinancial year for the village; and\n(b) the spending is not in accordance with—\n(i) the approved annual budget; or\n(ii) the approved annual budget as amended under section 167\n(Amendment of approved annual budget).\n\n(3) Subsection (1) does not apply if the spending—\n(a) was a change in spending between items in the approved annual\nbudget; and\n(b) does not reduce the level of services the retirement village\nprovides; and\n(c) does not cause the total spending provided for by the approved\nannual budget to be exceeded.\n(4) Subsection (5) applies if the operator of a retirement village—\n(a) commits an offence under subsection (1); or\n(b) does not comply with an order under section 161 (ACAT\norder—proposed annual budget)) to give the residents of the\nvillage a proposed annual budget in relation to a current\nfinancial year for the village.\n(5) A resident of the retirement village may apply to the ACAT for (and\nthe ACAT may make) an order directing the operator to refund the\nrecurrent charges paid by the resident during the financial year until\nthe day when the order is made.\n","sortOrder":173},{"sectionNumber":"167","sectionType":"section","heading":"Amendment of approved annual budget","content":"167 Amendment of approved annual budget\n(1) The operator of a retirement village may amend an approved annual\nbudget if—\n(a) the residents of the village approve the amendment; or\n(b) if the residents do not approve the amendment—the ACAT\nmakes an order approving the amendment.\n(2) The ACAT may make an order relating to further spending only if\nsatisfied that the further spending—\n(a) is needed urgently; or\n\n(b) was not reasonably foreseeable when the budget was approved\nunder section 165 (Spending to be in accordance with approved\nannual budget).\napproved annual budget does not include—\n(a) a budget taken to be an approved annual budget because of\nsection 165 (1) (b); or\n(b) a proposed annual budget amended in accordance with an order\nby the ACAT under section 165 (2).\n","sortOrder":174},{"sectionNumber":"168","sectionType":"section","heading":"Auditing of accounts","content":"168 Auditing of accounts\n(1) The operator of a retirement village must ensure that the accounts of\nthe village are audited annually by a person qualified to audit\naccounts under the Corporations Act.\n(2) If the audit fees are to be paid by the residents of the retirement\n(a) the fees must be itemised in the proposed annual budget (if any);\nand\n(b) the item must include the name of the auditor to be appointed;\nand\n(c) if the auditor to be appointed did not audit the village’s accounts\nfor the previous financial year—the residents’ consent to the\nauditor’s appointment is required in the same way that it is\nrequired under section 162 (1) to (7) (Residents consent to\nspending) for the expenditure of the fees.\n\n(3) The operator of a retirement village commits an offence if the\n(a) fails to give, not later than the prescribed time after the end of\neach quarter, a copy of the village’s quarterly accounts for the\nquarter to the residents committee for the village; or\n(b) if there is no residents committee—fails to display, not later than\nthe prescribed time after the end of each quarter, a copy of the\nvillage’s quarterly accounts for the quarter on the common\nproperty of the village in the way prescribed by regulation.\n(5) Subsection (3) does not apply if the operator of the retirement village\nneed not give the residents of the village a copy of the quarterly\naccounts for the village under section 171 (Quarterly accounts need\nnot be given to residents in certain circumstances).\n(6) If, more than 28 days after the end of the quarter to which the\nquarterly accounts relate, a resident asks the operator for a copy of\nthe quarterly accounts, the operator must give the resident a copy of\nthe accounts within 7 days after receiving the request.\n(7) The quarterly accounts need not be audited.\n(8) In this section:\nprescribed time means—\n(a) the time prescribed by regulation; or\n(b) if no time is prescribed—28 days.\n\n","sortOrder":175},{"sectionNumber":"169","sectionType":"section","heading":"Copies of annual accounts to be given to residents","content":"169 Copies of annual accounts to be given to residents\noperator fails to give the residents of the village a copy of the audited\naccounts for a financial year for the village within the prescribed time.\n(3) The audited accounts must include—\n(a) the following particulars:\n(i) details of the income and spending of the retirement village\nduring the financial year, including income and spending\nof the capital works fund (if any);\n(ii) details of the balance of the capital works fund (if any);\n(iii) details of amounts received for insurance claims made in\nrelation to any matter mentioned in section 145 (3) (a) (i)\nor (ii) (Retirement village to be insured) relating to the\nretirement village during the financial year;\n(iv) details of any interests, mortgages and other charges\naffecting the property of, or forming part of, the retirement\nvillage (other than property or premises owned by\nresidents) as at the end of the financial year; and\n(b) a statement that—\n(i) states whether or not money payable by the operator to\nformer occupants during the financial year was paid in full\nand on time; and\n(ii) if any money payable under subparagraph (i) has not been\npaid—sets out the amount payable, details of the delay and\nthe reasons for the delay; and\n(iii) contains the matters mentioned in subsection (5); and\n\n(iv) includes details of any matters that may prevent the\noperator from meeting those liabilities; and\n(c) any other matter prescribed by regulation.\n(4) Subsection (5) applies if the auditor—\n(a) is not satisfied that the operator of a retirement village has the\ncapacity, during the financial year immediately following, to\nmeet the liabilities relating to the village when they become due;\nor\n(b) believes that there is considerable uncertainty about an operator\nof a retirement village’s ability to meet the liabilities relating to\nthe village when they become due during the financial year\nimmediately following.\n(5) The audited accounts must include a statement setting out the\nauditor’s concerns.\n(6) The format of the accounts must correspond as closely as possible\nwith the layout of the proposed annual budget.\n(7) If the operator operates more than 1 retirement village, the operator—\n(a) may give audited consolidated accounts in relation to 2 or more\nvillages; but\n(b) when giving the accounts to the residents of a particular village,\nmust include a separate statement of income and spending for\nthat village.\n(8) The operator of a retirement village complies with this section if—\n(a) the operator—\n(i) gives a copy of the accounts to the residents committee for\nthe village; or\n(ii) if there is no residents committee—displays a copy of the\naccounts on the common property of the village in the way\nprescribed by regulation; and\n\n(b) the operator gives a copy of the accounts to a resident who asks\nfor a copy.\n(9) This section is subject to section 170.\n(10) In this section:\nprescribed time, for a financial year, means—\n(a) the period prescribed by regulation; or\n(b) if no period is prescribed—4 months after the end of the\nfinancial year.\n","sortOrder":176},{"sectionNumber":"170","sectionType":"section","heading":"Accounts need not be audited in certain circumstances","content":"170 Accounts need not be audited in certain circumstances\n(1) This section applies to the accounts of a retirement village prepared\nunder section 169 for a financial year if the total of the recurrent\ncharges collected in relation to the village for the financial year are\nless than—\n(2) The operator of the retirement village—\n(a) need not have the accounts audited if the residents of the village\nconsent; but\n(b) must instead—\n(i) comply with the requirements of section 169 (other than\nsection 169 (3), (4) and (5)); and\n(ii) include a statement about whether the operator will be able\nto meet the liabilities relating to the village when they\nbecome due during the financial year immediately\nfollowing.\nNote It is an offence to make a false or misleading statement, give false or\nmisleading information or produce a false or misleading document (see\nCriminal Code, pt 3.4).\n\n(3) The residents consent remains in force until the earlier of—\n(a) the day the total of the recurrent charges collected for the\nretirement village for a financial year is—\n(i) the amount prescribed by regulation or more; or\n(ii) if no amount is prescribed by regulation—$50 000 or\nmore; and\n(b) the residents revoke the consent.\n(4) The residents may revoke the consent at any time.\n","sortOrder":177},{"sectionNumber":"171","sectionType":"section","heading":"Quarterly accounts need not be given to residents in","content":"171 Quarterly accounts need not be given to residents in\ncertain circumstances\n(1) This section applies if the total of the recurrent charges collected for\na retirement village in the financial year to which accounts of the\nvillage relate is less than—\n(2) The operator of the retirement village need not give the residents of\nthe village a copy of the quarterly accounts of the village under\nsection 168 (Auditing of accounts) if the residents consent.\n(3) The residents consent remains in force until the earlier of—\n(a) the day the total of the recurrent charges collected for the village\nfor a financial year is—\n(i) the amount prescribed by regulation or more; or\n(ii) if no amount is prescribed by regulation—$50 000 or\nmore; and\n(b) the residents revoke the consent.\n(4) The residents may revoke the consent at any time.\n\n","sortOrder":178},{"sectionNumber":"173","sectionType":"section","heading":"Any surplus to be carried over","content":"173 Any surplus to be carried over\n(1) A surplus in the annual accounts of a retirement village for a financial\nyear (a surplus) must be carried forward to the accounts for the next\nfinancial year unless—\n(a) the residents of the village consent to a proposal for the spending\nof the whole or any part of the surplus; or\n(b) the residents consent to a proposal that the operator of the village\ndistribute the whole or any part of the surplus to the operator and\nexisting residents.\n(2) A proposal under subsection (1) may be made by the operator or the\nresidents committee (if any).\n(3) A proposal under subsection (1) (b) must provide for the distribution\nto be made to the operator and existing residents in the same\nproportion as their contribution to the surplus.\n(4) If the residents consent under subsection (1) (b) to a proposal made\nby the residents committee, the operator may apply to the ACAT for\nan order that—\n(a) the distribution is not to be made; or\n(b) approves or amends the proposed distribution.\n(5) In making an order, the ACAT may consider the following:\n(a) the proportion of the surplus proposed to be distributed;\n(b) any other matter the ACAT considers appropriate.\n","sortOrder":179},{"sectionNumber":"174","sectionType":"section","heading":"Making good of deficit","content":"174 Making good of deficit\n(1) The operator of a retirement village must make good a deficit in the\nannual accounts of the village for a financial year of the village\n(a deficit).\n\nSurplus or deficit of accounts Division 7.6\n(2) The operator of a retirement village must not—\n(a) carry forward a deficit to a later financial year for the village; or\n(b) ask or receive from the residents of the village a special\nadditional payment for making good a deficit; or\n(c) increase or purport to increase recurrent charges payable by the\nresidents of the village in a financial year for the village for\nmaking good a deficit; or\n(d) use all or part of the recurrent charges collected by the operator\nin a financial year for the village to make good a deficit; or\n(e) use all or part of the capital works fund for the village to make\ngood a deficit.\n(3) Despite subsection (2), a regulation may prescribe circumstances in\nwhich an operator of a retirement village may—\n(a) increase the recurrent charges payable by the residents of the\nvillage for making good a deficit; or\n(b) use all or part of the recurrent charges collected by the operator\nfor making good a deficit; or\n(c) carry forward a deficit to a later financial year for the village.\n(4) The operator of a retirement village must not charge the residents of\nthe village interest in relation to a deficit.\n\n","sortOrder":180},{"sectionNumber":"174A","sectionType":"section","heading":"Meaning of resident—pt 8","content":"174A Meaning of resident—pt 8\nFor this part (except division 8.1A), resident, of a retirement village,\nincludes a former occupant of the retirement village.\nNote Resident is defined for the Act in the dictionary.\n","sortOrder":181},{"sectionNumber":"175","sectionType":"section","heading":"Other options for dispute resolution","content":"175 Other options for dispute resolution\nNothing in this part requires a resident to attempt to resolve a dispute\nunder this Act before making a complaint under the Human Rights\nCommission Act 2005.\n","sortOrder":182},{"sectionNumber":"Div 8","sectionType":"division","heading":"1A Dispute resolution—disputes","content":"Division 8.1A Dispute resolution—disputes\ncommittee\n","sortOrder":183},{"sectionNumber":"175A","sectionType":"section","heading":"Disputes committee","content":"175A Disputes committee\n(1) The operator of a retirement village must establish a committee\n(a disputes committee) to resolve disputes that arise between\nresidents and the operator.\n(2) The disputes committee must consist of the following members:\n(a) a member appointed by residents;\n(b) a member appointed by the operator;\n(c) a chair agreed upon by the members mentioned in\nparagraphs (a) and (b) to be independent.\n\nDispute resolution—disputes committee Division 8.1A\n","sortOrder":184},{"sectionNumber":"175B","sectionType":"section","heading":"Dispute between operator and resident—notice to dispute","content":"175B Dispute between operator and resident—notice to dispute\ncommittee\n(1) If a resident or the operator of a retirement village claims that a\ndispute has arisen between the resident and the operator, the resident\nor operator may give written notice of the dispute to the disputes\ncommittee for the retirement village.\n(2) To remove any doubt, a dispute mentioned in subsection (1) includes\na dispute about whether the operator is discharging the operator’s\nobligations under section 99 (2) (b) (Operator to respect rights of\nNote The disability and community services commissioner can deal with\ncomplaints about services for older people (including a complaint about\na service provided by the operator of a retirement village) under the\nHuman Rights Commission Act 2005, s 42. A retirement village\ncomplaint that leads to a conciliation agreement is enforceable as if it\nwere an order of the ACAT (see Human Rights Commission Act 2005,\ns 62)\n","sortOrder":185},{"sectionNumber":"175C","sectionType":"section","heading":"Disputes committee—decision","content":"175C Disputes committee—decision\n(1) The disputes committee must, within 30 days after receiving notice\nof a dispute—\n(a) resolve the dispute and tell the parties, in writing, of the\ndecision; or\n(b) if the committee decides that the dispute is unable to be resolved\nby the committee (including if the dispute is unsuitable to be\nconsidered by the committee) but is reasonably likely to be\nresolved by mediation—arrange for mediation of the dispute; or\n(c) if the committee decides that the dispute is unable to be resolved\nby the committee and is not reasonably likely to be resolved by\nmediation—tell the parties that the dispute is unresolved.\n\n(2) If the dispute is resolved by the disputes committee or by mediation,\nthe parties must take all reasonable steps to give effect to the decision\nor agreement.\n","sortOrder":186},{"sectionNumber":"175D","sectionType":"section","heading":"Costs of dispute resolution","content":"175D Costs of dispute resolution\n(1) The costs of establishing and maintaining the dispute resolution\nprocess for a retirement village under this division must be funded\nfrom recurrent charges.\n(2) Any other costs of a dispute taken to the disputes committee must be\npaid by the person incurring the costs.\n","sortOrder":187},{"sectionNumber":"176","sectionType":"section","heading":"Dispute between operator and resident—application to","content":"176 Dispute between operator and resident—application to\nACAT\n(1) If a resident or the operator of a retirement village claims that a\ndispute has arisen between the resident and the operator, the resident\nor operator may apply to the ACAT for (and the ACAT may make)\nan order in relation to the dispute.\nNote Section 181 states some of the kinds of orders that the ACAT can make.\n(2) Two or more residents who claim that a dispute mentioned in\nsubsection (1) has arisen may nominate, in accordance with any\nrequirement prescribed by a regulation, any resident as their\nrepresentative in the dispute.\n(3) The nominated representative may apply to the ACAT for an order in\nrelation to the dispute, and the ACAT may make an order that applies\nto the residents who are represented by the nominated representative.\n(4) To remove any doubt, a dispute mentioned in subsection (1) includes\na dispute about whether the operator is discharging the operator’s\nobligations under section 99 (2) (b) (Operator to respect rights of\n\nDispute resolution—ACAT Division 8.2\n","sortOrder":188},{"sectionNumber":"177","sectionType":"section","heading":"ACAT jurisdiction","content":"177 ACAT jurisdiction\n(1) A resident of a retirement village may apply directly to the ACAT for\nan order in relation to a village contract to which the resident is a party\nthat the resident considers to be unjust, unconscionable, harsh or\noppressive.\n(2) The ACAT has, and may exercise, the same jurisdiction as the\nSupreme Court, and all the powers and authority of the Supreme\nCourt, in a proceeding in which relief is sought in relation to a\ncontract between an operator of a retirement village and a resident of\nthe village.\n(3) This section does not affect the jurisdiction of the Supreme Court in\nrelation to contracts between operators and residents of retirement\nvillages.\n","sortOrder":189},{"sectionNumber":"178","sectionType":"section","heading":"Informal resolution of dispute","content":"178 Informal resolution of dispute\n(1) Nothing in division 8.1A (Dispute resolution—disputes committee)\nor this division—\n(a) requires a resident or the operator of a retirement village to\nattempt to resolve a dispute under either or both of those\ndivisions; or\n(b) prevents a resident and the operator of a retirement village from\nattempting to resolve a dispute in another way agreed between\nthe parties.\n(2) Also, nothing in division 8.1A requires a resident or the operator of a\nretirement village to attempt to resolve a dispute under that division\nbefore applying to the ACAT for an order in relation to the dispute.\nNote A resident need not use the dispute resolution procedures in this division\nbefore pursuing a retirement village complaint under the Human Rights\nCommission Act 2005 (see s 175).\n\n(3) However, any term of a village contract that provides that the parties\nto the contract must attempt to resolve disputes between them by a\nprocess other than the process provided for under this Act is void.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 35 provides for\nthe ACAT to, before the hearing of an application, order mediation if the\nACAT considers that the matter is suitable for mediation and is\nreasonably likely to be resolved by mediation.\n","sortOrder":190},{"sectionNumber":"180","sectionType":"section","heading":"No monetary limit on jurisdiction of ACAT","content":"180 No monetary limit on jurisdiction of ACAT\nThe ACAT is not, in exercising the jurisdiction conferred on it by this\nAct, limited in the amount of money that it may order to be paid.\n","sortOrder":191},{"sectionNumber":"181","sectionType":"section","heading":"ACAT orders","content":"181 ACAT orders\n(1) The ACAT may, on application by a resident or the operator of a\nretirement village, make 1 or more of the following orders:\n(a) an order directing the resident or operator to comply with a\nrequirement of this Act;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(b) an order that amends or sets aside a provision of a village\ncontract that conflicts with this Act;\n(c) an order that—\n(i) restrains any action in breach of a village contract or\nvillage rule; or\n(ii) requires the performance of a village contract or village\nrule;\n(d) an order directing the resident or operator to perform the work,\nor take the steps, stated in the order to remedy a breach of a\nvillage contract or village rule;\n\nThe ACAT Division 8.3\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 ACAT of all or part of any\nrecurrent charges payable by a resident to the operator until the\nwhole or part of a village contract has been performed or an\napplication for compensation has been decided;\n(h) an order that requires payment (out of recurrent charges paid to\nthe ACAT) towards the cost of remedying a breach of a contract\nor towards the cost of compensation;\n(i) for an application in relation to any other dispute made by the\nresident or the operator that is subject to a community title\nscheme, and with the agreement of the other party to the\ndispute—any order that the ACAT may make under the\nCommunity Title Act 2001 to decide the dispute;\n(j) for an application in relation to any other dispute made by the\nresident or the operator that is subject to a units plan, and with\nthe agreement of the other party to the dispute—any order that\nthe ACAT may make under the Unit Titles (Management)\nAct 2011 to decide the dispute;\n(k) any other order prescribed by regulation.\n(2) Nothing in this section limits the orders that the ACAT may make\nunder this Act.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 35 provides for\nthe ACAT, before the hearing of an application, to order mediation if the\nACAT considers that the matter is suitable for mediation and is\nreasonably likely to be resolved by mediation.\n\n","sortOrder":192},{"sectionNumber":"Div 9","sectionType":"division","heading":"1 General principles about ending","content":"Division 9.1 General principles about ending\nresidence contracts\n","sortOrder":193},{"sectionNumber":"182","sectionType":"section","heading":"How and when residence right or contract ends","content":"182 How and when residence right or contract ends\n(1) A residence right arising from a contract relating to residential\npremises in relation to which the resident is a registered interest\nholder (other than a registered long-term sublessee) ends only on the\ncompletion of the sale of the premises.\n(2) A residence right arising from a residence contract that is in the form\nof an assignable sublease ends on the assignment of the sublease.\n(3) A residence contract (other than a contract mentioned in\nsubsection (1) or (2)) and the residence right under the contract,\nend—\n(a) on the day the resident permanently vacates the premises that is\n(except as otherwise provided under this part) at least 1 month\nafter the day the resident gives the operator of the village written\nnotice of intention to vacate the premises (or any earlier date as\nthe residence contract may allow); or\n(b) on the day the resident permanently vacates the premises; or\n(c) on the day the resident permanently vacates the premises after\nreceiving notice of the operator’s intention to apply to the ACAT\nfor an order ending the resident’s residence contract; or\n(d) on disclaimer (for example, on renunciation by the resident\naccepted by the operator); or\n(e) on the death of the last surviving resident under the contract; or\n(f) on the day stated by the ACAT in an order under section 198\n(Abandoned premises) declaring that the resident has abandoned\n\nGeneral principles about ending residence contracts Division 9.1\n(g) on the day the contract is ended by the ACAT; or\n(h) if a termination notice is given under section 185 (Ending of\nresidence contract if premises uninhabitable etc)—\n(i) on the 8th day after the day stated in the termination notice,\nunless—\n(A) application is made to the ACAT within the time\nallowed by section 186 (Ending of residence contract\nif premises uninhabitable etc—application to ACAT);\nor\n(B) the notice to end the contract is withdrawn within that\ntime; or\n(ii) if the ACAT confirms the termination notice—on the day\nstated by the ACAT.\n(4) The ending of a residence contract does not affect any other right or\nobligation of the parties under a village contract.\n","sortOrder":194},{"sectionNumber":"183","sectionType":"section","heading":"ACAT cannot end certain residence contracts","content":"183 ACAT cannot end certain residence contracts\nThe ACAT does not have jurisdiction under this Act—\n(a) to end a residence contract if the resident is a registered interest\nholder (other than a registered long-term sublessee) in relation\nto the premises; or\n(b) to decide any question as to the title to any land.\n","sortOrder":195},{"sectionNumber":"184","sectionType":"section","heading":"Notice of intention to seek ending of contract","content":"184 Notice of intention to seek ending of contract\n(1) If the operator or a resident of a retirement village intends to apply to\nthe ACAT for an order ending a residence contract, the intending\napplicant must give the other party to the contract written notice of\nthat intention, except as otherwise provided by this Act.\n(2) The notice must be given within the time prescribed by regulation.\n\n(3) The ACAT must not make an order ending a residence contract unless\nsatisfied that the notice (if required) has been given.\n","sortOrder":196},{"sectionNumber":"185","sectionType":"section","heading":"Ending of residence contract if premises uninhabitable","content":"185 Ending of residence contract if premises uninhabitable\netc\n(1) This section applies if residential premises in a retirement village\nare—\n(a) otherwise than as a result of a breach of a village contract—\n(i) destroyed or rendered wholly or partly uninhabitable; or\n(ii) cease to be lawfully usable as residential premises; or\n(b) compulsorily appropriated or acquired by a Commonwealth or\nTerritory entity.\n(2) The resident or the operator of the village may give immediate notice\n(a termination notice) of the ending of the residence contract relating\nto the residential premises to the other party to the contract.\nNote The operator and the resident may choose not to end the contract.\nHowever, recurrent charges payable in relation to the premises are\nreduced according to the extent to which the premises are uninhabitable\n(see s 157).\n(3) Subsection (2) does not apply if the resident is a registered interest\nholder (other than a registered long-term sublessee) in relation to the\n(4) A termination notice may state any day as the day the resident must\nvacate the residential premises.\n(5) A termination notice may be withdrawn with the consent of both\nparties at any time before the ending of the residence contract takes\neffect.\n\nGeneral principles about ending residence contracts Division 9.1\n","sortOrder":197},{"sectionNumber":"186","sectionType":"section","heading":"Ending of residence contract if premises uninhabitable","content":"186 Ending of residence contract if premises uninhabitable\netc—application to ACAT\n(a) a party to a residence contract for residential premises in a\nretirement village gives the other party (the recipient) a\ntermination notice; and\n(b) the recipient tells the other party within 7 days after the day the\ntermination notice is received that the recipient considers that\nthe premises are not in the condition stated in the termination\nnotice.\n(2) A party may apply to the ACAT for an order deciding the condition\nof the residential premises in the village.\n(3) On application, the ACAT—\n(a) must—\n(i) set aside the termination notice; or\n(ii) confirm the termination notice and state—\n(A) the day the residence contract relating to the\nresidential premises ends; and\n(B) the day the resident must vacate the residential\n(b) may make any other order it considers appropriate.\n(4) If an application is made to the ACAT, the termination notice is\nsuspended pending the ACAT’s decision.\n(5) An application to the ACAT under this section also operates as an\napplication under section 157 (Reduction of recurrent charges in\ncertain circumstances).\ntermination notice—see section 185 (2).\n\nDivision 9.2 Ending of residence contract by ACAT on application of either operator\nor resident\nDivision 9.2 Ending of residence contract by\nACAT on application of either\noperator or resident\n","sortOrder":198},{"sectionNumber":"187","sectionType":"section","heading":"Ending of residence contract on medical grounds","content":"187 Ending of residence contract on medical grounds\n(1) A party to a residence contract for residential premises in a retirement\nvillage may apply to the ACAT for an order ending the residence\ncontract if the party considers that residential premises occupied by\nthe resident under the contract are unsuitable because of the resident’s\nphysical or mental incapacity.\n(2) On application, the ACAT may make an order ending the residence\ncontract if—\n(a) the ACAT reasonably believes that the residential premises\noccupied by the resident are unsuitable because of the resident’s\nphysical or mental incapacity; and\n(b) having considered the circumstances of the case, the ACAT\nreasonably believes that it is otherwise appropriate to make an\norder ending the residence contract.\n(3) The ACAT must not form a belief under subsection (2) (a) unless—\n(a) the ACAT has considered a medical report in relation to the\nresident prepared by a doctor nominated by the resident; or\n(b) if the ACAT does not receive a medical report—the ACAT has\ngiven the resident a reasonable opportunity to give a report.\n(4) In deciding whether to end a residence contract, the ACAT may—\n(a) with the resident’s consent, ask the director-general or someone\nelse to prepare a report in relation to the resident’s physical or\nmental capacity; and\n(b) consider the report and any other report prepared on behalf of\nthe resident or the operator; and\n\nEnding of residence contract by ACAT on application of either operator\nor resident\nDivision 9.2\n(c) consider any term of the residence contract relating to the\ntransfer of the resident to other residential premises.\n(5) If the ACAT makes an order ending a residence contract under this\nsection, the ACAT must state in the order a day by when the resident\n","sortOrder":199},{"sectionNumber":"188","sectionType":"section","heading":"Ending of residence contract on grounds of breach of","content":"188 Ending of residence contract on grounds of breach of\nvillage contract or rules\n(1) The operator of a retirement village may apply to the ACAT for an\norder ending the residence contract of a resident of the village who\nbreaches—\n(a) a village contract between the resident and the operator; or\n(b) a village rule.\n(2) A resident of a retirement village may apply to the ACAT for an order\nending the resident’s residence contract if the operator of the village\nbreaches—\n(a) a village contract between the resident and the operator; or\n(b) a village rule.\n(3) On application, the ACAT may make an order ending the residence\ncontract if satisfied that—\n(a) the breach, in the circumstances of the case, justifies ending the\ncontract; or\n(b) persistent breaches by the resident or operator, in the\ncircumstances of the case, justify ending the contract.\n(4) If the ACAT makes an order ending a residence contract, the ACAT\nmust state in the order a day by when the resident under the contract\n\nDivision 9.3 Ending of residence contract by ACAT on application of operator\n(5) If the ACAT forms the reasonable belief, in the course of a\nproceeding, that a village rule is unjust, unconscionable, harsh or\noppressive, the ACAT may make an order—\n(a) setting aside the rule; or\n(b) modifying the operation of the rule, either in its application to\nthe operator or to a resident (or to some or all of the residents)\nof the retirement village.\nDivision 9.3 Ending of residence contract by\nACAT on application of operator\n","sortOrder":200},{"sectionNumber":"189","sectionType":"section","heading":"Ending of residence contract on grounds of resident","content":"189 Ending of residence contract on grounds of resident\ncausing serious damage or injury\nvillage, make an order ending a residence contract if satisfied that the\nresident under the contract has intentionally or recklessly caused or\nallowed, or is likely to intentionally or recklessly cause or allow—\n(a) serious damage to a part of the village; or\n(b) injury to the operator, an employee of the operator or another\n(2) If the ACAT makes an order ending a residence contract, the ACAT\nmust state in the order a day by when the resident under the contract\n(3) An application may be made whether or not the operator has given\nnotice of the operator’s intention to apply to the ACAT for an order\nending the residence contract.\nNote The operator may apply under s 184 for an order ending a residence\n\nEnding of residence contract by ACAT on application of operator Division 9.3\n","sortOrder":201},{"sectionNumber":"190","sectionType":"section","heading":"Ending of residence contract on grounds of upgrade or","content":"190 Ending of residence contract on grounds of upgrade or\nchange of use\nvillage, make an order ending a residence contract for residential\npremises in the village if satisfied that—\n(a) the operator intends to carry out substantial works to improve\nthe village that requires vacant possession of the residential\n(b) it is appropriate that the land that the village is on should be used\nfor a purpose other than a retirement village.\n(2) However, the ACAT must not make an order ending a residence\ncontract unless also satisfied that—\n(a) the operator has given the resident at least 12 months written\nnotice of the operator’s intention to apply to the ACAT for an\norder ending the residence contract; and\n(b) development approval and any other necessary approval to carry\nout the works or use the land for the other purpose have been\nobtained; and\n(c) the operator has obtained (or made available) for the resident\nalternative accommodation—\n(i) that is of approximately the same standard as, and requires\nno greater financial outlay on the part of the resident than,\nthe residential premises the subject of the residence\n(ii) that is acceptable to the resident or reasonably ought to be\nacceptable to the resident.\n(3) If the ACAT makes an order ending a residence contract, the\nACAT—\n(a) must state in the order a day by when the resident must vacate\nthe residential premises; and\n\nDivision 9.4 Ending of residence contract by Supreme Court on application of\n(b) must state in the order the penalty that the operator will incur if\nthe works are not substantially commenced, or action to\nfacilitate the use of the land for the other purpose not taken,\nwithin 6 months after the day mentioned in paragraph (a); and\n(c) may order the operator to allow the resident to return to the\nresidential premises, under a contract identical to the contract\nbeing ended, on completion of the works; and\n(d) may make any other order (including an order that the operator\npay to the resident compensation for the resident’s loss of rights\nunder the residence contract) it considers appropriate.\nDivision 9.4 Ending of residence contract by\nSupreme Court on application of\n","sortOrder":202},{"sectionNumber":"191","sectionType":"section","heading":"Ending of residence contract on grounds of retirement","content":"191 Ending of residence contract on grounds of retirement\nvillage ceasing to operate\n(1) The Supreme Court may, on application by the administrator of a\nretirement village, make an order ending the village contracts in\nrelation to the village if satisfied there is no reasonable prospect of\nfinding a new operator for the village.\n(2) If the court makes an order, the court—\n(a) must, as far as the order relates to residence contracts, state in\nthe order a day by when the residents who are affected by the\norder must vacate their residential premises in the retirement\n(b) may order the operator or former operator (other than an\nadministrator of the retirement village) to pay compensation to\neach resident affected by the order for the resident’s loss of the\nbenefit of the village contract; and\n(c) may make any other order it considers appropriate.\n\nSuspension or refusal of orders for ending of residence contract Division 9.5\nDivision 9.5 Suspension or refusal of orders for\nending of residence contract\n","sortOrder":203},{"sectionNumber":"192","sectionType":"section","heading":"ACAT may suspend or refuse to make order ending","content":"192 ACAT may suspend or refuse to make order ending\nresidence contract\n(1) The ACAT may suspend the operation of an order setting a day by\nwhen a resident of a retirement village must vacate residential\npremises if satisfied that it is desirable to do so, taking into account\nthe relative hardship likely to be caused by the order to—\n(a) the resident; or\n(b) other residents or the operator of the village.\n(2) The ACAT may, as a condition of the suspension of the operation of\nan order for possession, require the resident to pay to the operator an\noccupation fee stated by the ACAT for the period for which the order\nfor possession is suspended.\n(3) The ACAT may refuse to make an order ending a residence contract\nif satisfied that—\n(a) the operator was wholly or partly motivated to end the contract\nbecause—\n(i) the resident had applied or proposed to apply to the ACAT\nfor an order; or\n(ii) the resident had complained to a governmental authority or\nhad taken some other action to secure or enforce the\nresident’s rights as a resident; or\n(iii) an order of the ACAT was in force in relation to the\nresident and the operator; or\n(b) for an application under section 188 (Ending of residence\ncontract on grounds of breach of village contract or rules)—the\nresident or operator who had breached the village contract or\nvillage rule remedied the breach.\n\n","sortOrder":204},{"sectionNumber":"193","sectionType":"section","heading":"Prohibition on certain recovery proceedings in courts","content":"193 Prohibition on certain recovery proceedings in courts\nThe operator of a retirement village may not commence a proceeding\nin the Supreme Court or the Magistrates Court to obtain recovery of\npossession of residential premises in the village (except as mortgagee\nof the premises).\n","sortOrder":205},{"sectionNumber":"194","sectionType":"section","heading":"Person not to recover possession of premises except by","content":"194 Person not to recover possession of premises except by\norder\n(1) A person commits an offence if the person (whether acting on the\nperson’s own behalf or on behalf of another)—\n(a) does any of the following things for the purpose of recovering\npossession of residential premises in a retirement village:\n(i) enters residential premises within the village;\n(ii) removes a resident from residential premises within the\n(iii) takes any other action that is intended, or is likely, to cause\na resident to vacate residential premises within the village;\nand\n(b) does a thing mentioned in paragraph (a) otherwise than in\naccordance with this Act or another territory law.\n(3) In a proceeding for an offence under this section, the court may order\nthat the person who committed the offence, or any person on whose\nbehalf that person acted, pay to the entitled person compensation as\nthe court considers appropriate.\n\nRecovery of possession of premises Division 9.6\nentitled person means the person entitled, or formerly entitled, to\noccupy the residential premises the subject of the offence.\n","sortOrder":206},{"sectionNumber":"195","sectionType":"section","heading":"Enforcement of orders for possession","content":"195 Enforcement of orders for possession\n(a) the ACAT makes an order setting a day for vacation of\nresidential premises in a retirement village; and\n(b) the order (or a condition of suspension of the order) is not\ncomplied with by the resident of the premises.\n(2) The operator of the retirement village may apply to the ACAT for a\nwarrant authorising the sheriff to enter the residential premises and to\ngive possession to the operator.\n(3) An order for possession of residential premises in a retirement village\nmade by the ACAT is not to be enforced otherwise than under the\nauthority of a warrant issued under this section.\nsheriff means the person appointed as the sheriff of the Territory\nunder the Supreme Court Act 1933, section 46 (2) (Appointments).\n","sortOrder":207},{"sectionNumber":"196","sectionType":"section","heading":"Liability of resident remaining in possession","content":"196 Liability of resident remaining in possession\n(1) If a resident of a retirement village fails to comply with an order made\nby the ACAT setting a day for vacation of residential premises, the\nresident is liable to pay compensation to the operator of the village\nfor any loss caused to the operator by that failure.\n(2) The operator must take all reasonable steps to mitigate the loss and is\nnot entitled to compensation for any loss that could have been avoided\ntaking those steps.\n\n(3) The ACAT may, on application by the operator, order the resident to\npay to the operator compensation (including compensation for loss of\nrecurrent charges) as it considers appropriate.\n","sortOrder":208},{"sectionNumber":"197","sectionType":"section","heading":"Application—div 9.7","content":"197 Application—div 9.7\n(1) This division applies to residential premises in a retirement village\nthat are the subject of a residence contract under which the resident is\nnot entitled to any repayment of the resident’s ingoing contribution,\nor other payment, on the ending of the contract.\n(2) However, this division does not apply to residential premises that are\noccupied by a resident who is a registered interest holder in relation\nto the premises.\n","sortOrder":209},{"sectionNumber":"198","sectionType":"section","heading":"Abandoned premises","content":"198 Abandoned premises\nvillage, make an order declaring that residential premises occupied\nby a resident of the village were abandoned by the resident on a day\nstated in the order.\n(2) However, the ACAT is not entitled to make an order only because the\nresident has died.\n(3) The resident is taken to have abandoned the residential premises on\nthe stated day.\n","sortOrder":210},{"sectionNumber":"199","sectionType":"section","heading":"Right of operator to compensation where resident","content":"199 Right of operator to compensation where resident\nabandons premises\n(1) If a resident of a retirement village abandons the resident’s residential\npremises, the resident is liable to pay compensation to the operator of\nthe village for any loss (including loss of recurrent charges) caused to\nthe operator by the abandonment.\n\nUncollected goods Division 9.8\n(2) The operator must take all reasonable steps to mitigate the loss and is\nnot entitled to compensation for any loss that could have been avoided\ntaking those steps.\n(3) The ACAT may, on application by the operator, order the resident to\npay to the operator compensation (including compensation for loss of\nrecurrent charges) as it considers appropriate.\n","sortOrder":211},{"sectionNumber":"200","sectionType":"section","heading":"Application—div 9.8","content":"200 Application—div 9.8\nThis division does not apply to residential premises that are occupied\nby a resident who is a registered interest holder in relation to the\n","sortOrder":212},{"sectionNumber":"201","sectionType":"section","heading":"Uncollected Goods Act does not apply","content":"201 Uncollected Goods Act does not apply\nThe Uncollected Goods Act 1996 does not apply to goods left on\nresidential premises in a retirement village by a former occupant of\nthe village.\n","sortOrder":213},{"sectionNumber":"202","sectionType":"section","heading":"Delivery of uncollected goods","content":"202 Delivery of uncollected goods\n(1) This section applies if a residence contract for residential premises in\na retirement village is ended and goods are left on the residential\npremises by a former occupant of the village.\n(2) The former occupant, or any other person having an interest in the\ngoods, may apply to the ACAT for an order for the delivery of the\ngoods into the former occupant’s or the other person’s possession.\n(3) On application, the ACAT may make 1 or more of the following\norders:\n(a) an order for the delivery of the goods into the possession of the\nformer occupant or other person;\n\n(b) an order directing the former occupant or other person to pay\nany reasonable costs incurred by the operator of the village in\nconnection with the removal, storage or delivery of the goods.\n","sortOrder":214},{"sectionNumber":"203","sectionType":"section","heading":"Disposal of uncollected goods","content":"203 Disposal of uncollected goods\n(1) If a residence contract for residential premises in a retirement village\nis ended and goods are left on the residential premises by the former\noccupant, the operator of the village may—\n(a) apply to the ACAT for an order under this section; or\n(b) sell or dispose of the goods in accordance with a regulation.\n(2) Before making the application, or selling or disposing of the goods,\nthe operator must, if the operator has a forwarding address for the\nformer occupant of the premises, send notice of the operator’s\nintention to the former occupant (or to the executor or administrator\nof the estate of the former occupant).\n(3) On application, the ACAT may make 1 or more of the following\norders if satisfied on reasonable grounds that the operator has given,\nor was not able to give, the notice required by subsection (2):\n(a) an order authorising the removal, destruction or disposal of the\ngoods;\n(b) an order authorising the sale of the goods;\n(c) an order about the manner of the sale of the goods;\n(d) an order about the proceeds of the sale of the goods.\n","sortOrder":215},{"sectionNumber":"204","sectionType":"section","heading":"Title to sold goods","content":"204 Title to sold goods\n(1) This section applies if a person (the buyer) buys goods sold by the\noperator of a retirement village under this division.\n(2) The buyer acquires title to the goods free of any mortgage, lien or\ncharge in favour of another person affecting the goods that the buyer\nwas unaware at the time of buying the goods.\n\nUncollected goods Division 9.8\n","sortOrder":216},{"sectionNumber":"205","sectionType":"section","heading":"Sale of uncollected goods in contravention of this Act","content":"205 Sale of uncollected goods in contravention of this Act\noperator sells, removes, destroys or disposes of goods mentioned in\nsection 203 (1) (Disposal of uncollected goods) otherwise than as\nprovided by this division.\n","sortOrder":217},{"sectionNumber":"206","sectionType":"section","heading":"Protection from liability—operator","content":"206 Protection from liability—operator\n(1) The operator of a retirement village does not incur civil liability in\nrelation to the delivery, removal, destruction, disposal or sale of\ngoods in accordance with this division.\n(2) However, if the operator deals with the goods otherwise than in\naccordance with this division, a person who has an interest in the\ngoods may apply to the ACAT for an order directing the operator to\npay compensation to the applicant.\n\n","sortOrder":218},{"sectionNumber":"Part 10","sectionType":"part","heading":"Matters relating to vacation of","content":"Part 10 Matters relating to vacation of\npremises\n","sortOrder":219},{"sectionNumber":"207","sectionType":"section","heading":"Meaning of permanently vacated residential premises—","content":"207 Meaning of permanently vacated residential premises—\npt 10\n(1) For this part, a former occupant who died or vacated residential\npremises in a retirement village in the circumstances described in\nsection 120 (1) (b) (Relative may ask to enter into residence contract)\nis taken to have permanently vacated the premises on the day the\noccupant died or vacated the premises.\n(2) This section applies in addition to section 14 (Meaning of\npermanently vacated residential premises).\n(3) Nothing in division 6.4 (Right of certain relatives to become\nresidents) affects any right or obligation of the resident under this\npart.\n","sortOrder":220},{"sectionNumber":"208","sectionType":"section","heading":"Meaning of sale of residential premises—pt 10","content":"208 Meaning of sale of residential premises—pt 10\nFor this part, a reference to the sale of residential premises occupied\nby a registered long-term sublessee includes a reference to the sale of\nthe residence right in relation to the premises.\n","sortOrder":221},{"sectionNumber":"209","sectionType":"section","heading":"Recurrent charges for optional services","content":"209 Recurrent charges for optional services\n(1) A resident of a retirement village who is temporarily absent from the\nvillage for a period of at least 28 days is not liable to pay, in relation\nto the period over 28 days, recurrent charges for optional services.\n\nRecurrent charges Division 10.2\n(2) The liability to pay recurrent charges for optional services—\n(a) if the resident has moved out of the residential premises—stops\non the day the resident moved out; or\n(b) if the resident has died—stops on the day the operator of the\nvillage is notified of the resident’s death; but\n(c) does not stop in relation to services provided before that day.\n(3) If the operator and the resident cannot agree on the proportion of\nrecurrent charges that are payable for optional services, either party\nmay apply to the ACAT for an order apportioning the resident’s\nrecurrent charges between optional services and general services.\n(4) In subsection (3):\nresident includes a former occupant of residential premises in a\n","sortOrder":222},{"sectionNumber":"210","sectionType":"section","heading":"Recurrent charges for general services—registered","content":"210 Recurrent charges for general services—registered\nretirement village who is a registered interest holder in relation to the\n(2) Subject to subsection (3), the former occupant’s liability to pay\nrecurrent charges in relation to general services that arise after the\nformer occupant permanently vacated the residential premises stops\non—\n(a) the day the operator of the village enters into—\n(i) a village contract with an incoming resident in relation to\n(ii) a residential tenancy agreement with an incoming tenant in\nrelation to the premises; or\n\n(b) the day a person takes up residence in the premises with the\noperator’s consent; or\n(c) if the operator buys the premises from the former occupant—the\nday contracts for the purchase are exchanged; or\n(d) if the former occupant is a registered long-term sublessee—\nunless the contract between the former occupant and the\noperator provides for an earlier day, the earlier of the following:\n(i) if the ACAT ended the residence contract—the day the\nformer occupant permanently vacated the premises;\n(ii) if the former occupant permanently vacated the premises\nafter receiving notice of the operator’s intention to apply to\nthe ACAT for an order ending the residence contract—the\nday the former occupant permanently vacated the\n(3) The former occupant’s liability to pay recurrent charges in relation to\ngeneral services that arise after the former occupant has permanently\nvacated the residential premises must be met—\n(a) in relation to a liability arising during the 42 days immediately\nafter the day the former occupant permanently vacated the\npremises—by the former occupant; and\n(b) in relation to a liability arising after the period mentioned in\nparagraph (a)—by the former occupant and the operator of the\nvillage in the same proportions as the former occupant and the\noperator would share any capital gain under the village contract.\n(4) If the departure fee payable by a resident under the village contract is\nworked out in relation to the incoming resident’s ingoing\ncontribution, for subsection (3) (b)—\n(a) the operator’s share is taken to be the percentage of the capital\ngain equal to the percentage of the incoming resident’s ingoing\ncontribution in relation to which the departure fee is worked out;\nand\n\nRecurrent charges Division 10.2\n(b) the former occupant’s share is taken to be the remaining\npercentage.\n(5) Subsection (4) applies despite any provision in the village contract\nabout how the former occupant and the operator of the retirement\nvillage are to share in the capital gain.\nLewis has moved from the retirement village operated by Henry into a residential\ncare home. Lewis’s village contract states that he is entitled to 100% of the capital\ngain. However, under his contract, Lewis is liable to pay a departure fee worked\nout as 25% of an incoming resident’s ingoing contribution. Therefore, Henry’s\nshare of the capital gain is taken to be 25% and he is liable to pay 25% of the\nrecurrent charges for general services, and Lewis is liable to pay the\nremaining 75%.\n","sortOrder":223},{"sectionNumber":"211","sectionType":"section","heading":"Recurrent charges for general services—generally","content":"211 Recurrent charges for general services—generally\nretirement village who is not a registered interest holder in relation to\n(2) The former occupant’s liability to pay recurrent charges in relation to\ngeneral services that arise after the former occupant permanently\nvacated the residential premises stops on the earlier of the following\ndays or, if the operator and former occupant agree to another date, the\ndate agreed:\n(a) the day the operator of the retirement village enters into—\n(i) a village contract with an incoming resident in relation to\n(ii) a residential tenancy agreement with an incoming tenant in\nrelation to the premises;\n(b) the day a person takes up residence in the premises with the\n(c) if the ACAT ended the residence contract—the day the former\noccupant permanently vacated the premises;\n\n(d) if the former occupant permanently vacated the premises after\nreceiving notice of the operator’s intention to apply to the ACAT\nfor an order ending the residence contract—the day the former\noccupant permanently vacated the premises;\n(e) the day that is 42 days after the day the former occupant\notherwise permanently vacated the premises.\n(3) On and from the day the former occupant’s liability to pay recurrent\ncharges in relation to general services stops under subsection (2), the\noperator of the retirement village must pay the recurrent charges\npayable in relation to those residential premises until the day the\noperator enters into a village contract with an incoming resident.\n","sortOrder":224},{"sectionNumber":"212","sectionType":"section","heading":"Time of payment of recurrent charges","content":"212 Time of payment of recurrent charges\n(1) A former occupant of residential premises in a retirement village may\nchoose to—\n(a) discharge (wholly or in part) as the liability arises the former\noccupant’s liability for recurrent charges that arise after the\nformer occupant permanently vacated the residential premises;\nor\n(b) discharge the liability mentioned in paragraph (a) (wholly or in\npart)—\n(i) for a former occupant who is a registered interest holder\n(other than a registered long-term sublessee) in relation to\nthe residential premises—from the proceeds of the sale of\n(ii) for any other case—from the money payable to the former\noccupant by the operator of the village under a village\n(2) The former occupant must notify the operator in writing of the former\noccupant’s choice as soon as practicable after permanently vacating\n\nDeparture fees Division 10.3\n","sortOrder":225},{"sectionNumber":"213","sectionType":"section","heading":"Interest on recurrent charges","content":"213 Interest on recurrent charges\n(1) The operator of a retirement village may charge interest on the\namount of the recurrent charges that are not paid by a former occupant\nof the village as the liability to pay those charges arises.\n(2) Subsection (1) does not apply if a contract between the operator and\nthe former occupant states that interest is not payable on the recurrent\ncharges.\n(3) A regulation may prescribe a maximum rate of interest.\n(4) However, if the operator and the former occupant agree to a lower\nrate of interest, or if a contract between the operator and the former\noccupant states a lower rate of interest for this section, the interest is\npayable by the former occupant at that lower rate.\n","sortOrder":226},{"sectionNumber":"214","sectionType":"section","heading":"Meaning of departure fee","content":"214 Meaning of departure fee\ndeparture fee means—\n(a) an amount payable under a village contract by a former occupant\nof a retirement village that is calculated in relation to all or part\nof the period during which the former occupant has or had a\nresidence right in relation to residential premises in the village;\nor\n(b) any other amount payable by a former occupant declared by\nregulation to be a departure fee; but\n(c) does not include recurrent charges.\n(2) A departure fee must be calculated on a daily basis.\n\n(3) If a resident or former occupant of a retirement village moves to other\nresidential premises in the village (or in another retirement village\nmanaged or controlled by the same operator or a close associate of\nthat operator), the resident or former occupant is taken to have a\ncontinuous residence right in relation to residential premises for\ncalculating the departure fee.\n","sortOrder":227},{"sectionNumber":"215","sectionType":"section","heading":"Meaning of village contract—div 10.3","content":"215 Meaning of village contract—div 10.3\nvillage contract means a village contract that provides for payment\nof a departure fee.\n","sortOrder":228},{"sectionNumber":"216","sectionType":"section","heading":"Payment of departure fee","content":"216 Payment of departure fee\n(1) A departure fee is payable by a former occupant of residential\npremises in a retirement village to the operator of the village.\n(2) The departure fee is payable out of the former occupant’s ingoing\ncontribution.\n(3) However, if the former occupant is, or was, a registered interest\nholder in relation to the residential premises, the departure fee is\npayable out of the proceeds of the sale of the residential premises.\n(4) A departure fee must be deducted from the amount of the refund of\nthe ingoing contribution, or the proceeds of the sale, payable to the\nformer occupant as stated in the former occupant’s village contract.\n","sortOrder":229},{"sectionNumber":"217","sectionType":"section","heading":"Departure fees payable","content":"217 Departure fees payable\nA departure fee is not payable to the extent that it is calculated in\nrelation to a period occurring after a former occupant has permanently\nvacated the residential premises.\n\nRepair and refurbishment of residential premises Division 10.4\n","sortOrder":230},{"sectionNumber":"Div 10","sectionType":"division","heading":"4 Repair and refurbishment of","content":"Division 10.4 Repair and refurbishment of\nresidential premises\n","sortOrder":231},{"sectionNumber":"218","sectionType":"section","heading":"Meaning of refurbishment—div 10.4","content":"218 Meaning of refurbishment—div 10.4\ncontract, means any improvement of the premises that is more than\nwhat is needed to restore them to the condition they were in\n(excluding fair wear and tear) at the start of their occupation by the\nresident under the contract.\n","sortOrder":232},{"sectionNumber":"219","sectionType":"section","heading":"Condition of premises on ending of residence contract","content":"219 Condition of premises on ending of residence contract\n(1) This section does not apply to a former occupant of residential\npremises in a retirement village who is, or was, a registered interest\nholder in relation to the residential premises.\n(2) A former occupant must leave the residential premises as nearly as\npossible in the same condition as set out in the condition report for\nthe premises, excluding fair wear and tear, and renovations or\nalterations to fixtures or fittings made with the consent of the operator\nof the village under section 63 (Renovations and alteration of fixtures\nor fittings).\n(3) The operator may require the former occupant to meet the cost of any\nrepairs needed (the repair work) to the former occupant’s residential\npremises because the former occupant did not leave the premises in\nthe condition required by this section.\n(4) The former occupant may apply to the ACAT for an order in relation\nto the costs of the repair work if the resident—\n(a) disagrees that the repair work is necessary; or\n(b) considers that the cost of the repair work is excessive.\n\n(5) In an application to the ACAT—\n(a) the operator bears the onus of proving the cost of the repair\nwork; and\n(b) the ACAT may—\n(i) if it considers that the operator has not proved the cost—\norder the operator to withdraw the claim; or\n(ii) if it considers that the operator has proved the cost, in\nwhole or in part—order the former occupant to pay the cost\nor an amount ordered by the ACAT to meet the cost of the\nrepair work.\n","sortOrder":233},{"sectionNumber":"220","sectionType":"section","heading":"No refurbishment required","content":"220 No refurbishment required\nA former occupant of residential premises in a retirement village is\nnot liable to refurbish (or pay for the cost of the refurbishment of) the\nDivision 10.5 Sale or letting of premises by certain\nresidents\n","sortOrder":234},{"sectionNumber":"221","sectionType":"section","heading":"Application—div 10.5","content":"221 Application—div 10.5\nThis division applies to a resident of a retirement village who is a\nregistered interest holder in relation to the resident’s residential\n","sortOrder":235},{"sectionNumber":"221A","sectionType":"section","heading":"Meaning of resident—div 10.5","content":"221A Meaning of resident—div 10.5\n\n","sortOrder":236},{"sectionNumber":"222","sectionType":"section","heading":"Options","content":"222 Options\n(1) The operator of a retirement village who holds an option to buy\nresidential premises from a resident of the village must—\n(a) decide whether to exercise the option; and\n(b) give the resident written notice of the decision, not later than 28\ndays after—\n(i) the resident permanently vacates the premises; or\n(ii) if the resident has not lived in the premises—the resident\ngives the operator written notice that the premises are for\nsale.\n(2) If the operator does not give the notice required by subsection (1)\nwithin the time required, the option lapses.\n(3) This section has effect despite any term of the option.\n","sortOrder":237},{"sectionNumber":"223","sectionType":"section","heading":"Sale of premises","content":"223 Sale of premises\n(1) A resident of a retirement village may—\n(a) set the sale price of the resident’s residential premises in the\n(b) appoint a selling agent of the resident’s choice.\n(2) The resident may, but need not, appoint the operator of the village as\na selling agent if the operator is licensed as a real estate agent under\nthe Agents Act 2003.\n(3) If the resident appoints the operator as selling agent of the resident’s\nresidential premises, the resident may also, but need not, allow the\noperator to set the sale price of the premises.\n\n(4) The operator must not make it a condition of entry into the village\nthat the operator or someone appointed by the operator—\n(a) act as the selling agent of residential premises in the village; or\n(b) set the sale price of residential premises in the village.\n(5) If the operator purports to impose a condition mentioned in\nsubsection (4), the condition is void.\n(6) The operator, or a person chosen by the operator, who is appointed as\na selling agent under subsection (2) must—\n(a) notify the resident of all offers to buy the premises; and\n(b) if the resident asks—give the resident a report at the end of each\nstated month about the following in relation to that month:\n(i) the marketing program (including details of all advertising\nof the premises or the village);\n(ii) details about all inquiries received about the sale;\n(iii) the names and telephone numbers (or other contact details)\nof the people who made the inquiries (if the operator knows\nthose details);\n(iv) details (including the asking price) of all other residential\npremises for sale in the village during that month.\n(7) If a person other than the operator is appointed as selling agent, the\nresident must give the operator written notice of the following:\n(a) the selling agent’s name and contact details;\n(b) the asking price for the premises;\n(c) any changes to—\n(i) the selling agent’s appointment or contact details; and\n(ii) the asking price for the premises.\n\n","sortOrder":238},{"sectionNumber":"224","sectionType":"section","heading":"Operator not to interfere in sale","content":"224 Operator not to interfere in sale\n(1) The operator of a retirement village who is not appointed a selling\nagent for residential premises in the village commits an offence if the\noperator interferes with the sale of the premises.\n(3) Without limiting subsection (1), the operator interferes with the sale\nof the premises if the operator interferes with any “For Sale” sign\nrelating to the premises.\n(4) Subsection (2) does not apply if the sign has been erected contrary to\nthe village rules or in a way that interferes with the peace, comfort\nand quiet enjoyment of another resident of the retirement village.\nvillage rules, of a retirement village, includes by-laws if the village is\npart of a community title scheme or units plan.\n","sortOrder":239},{"sectionNumber":"225","sectionType":"section","heading":"Costs of sale","content":"225 Costs of sale\n(1) A resident of a retirement village who sells residential premises in the\nvillage and the operator of the village are to share the costs of the sale\nin the same proportion (if any) as they are to share any capital gain\non the sale in accordance with a village contract.\n(2) However, if the resident appointed a person other than the operator or\na person chosen by the operator as a selling agent, the resident is liable\nto pay the selling agent’s commission.\n(3) The resident is not liable to pay commission to the operator or a\nperson chosen by the operator if the premises are sold otherwise than\nas a result of the operator (or person) acting as the selling agent.\n\ncosts of sale—\n(a) includes costs prescribed by regulation; but\n(b) does not include costs prescribed by regulation.\n","sortOrder":240},{"sectionNumber":"226","sectionType":"section","heading":"Buyer and operator to enter contract","content":"226 Buyer and operator to enter contract\n(1) This section applies if the seller of residential premises in a retirement\nvillage is not the operator of the village.\n(2) The seller must give the operator of the village sufficient notice of the\nproposed sale to enable the operator to give the buyer a disclosure\nstatement and the information required under section 28 (Information\nto be given to prospective residents) at least 14 days before the\ncontract is entered into.\n(3) The contract is taken to include a provision to the effect that the\ncontract is conditional on the buyer entering into a service contract\nwith the operator on or before completion of the purchase.\n(4) As soon as practicable after the contract for the sale of the premises\nis entered into, the seller must give the operator written notice of that\nfact.\n(5) If the operator decides not to enter into a service contract with the\nbuyer, the operator must, not more than 14 days after being notified\nunder subsection (4)—\n(a) give the seller written notice of the decision and the reasons for\nit; and\n(b) apply to the ACAT for an order declaring that the operator is not\nobliged to enter into the service contract.\n\n","sortOrder":241},{"sectionNumber":"227","sectionType":"section","heading":"Seller’s application to ACAT concerning proposed buyer","content":"227 Seller’s application to ACAT concerning proposed buyer\n(1) Subsection (2) applies if the operator of a retirement village does not,\nwithin 14 days after receiving written notice under section 226 (4)—\n(a) enter into a service contract with the buyer; or\n(b) apply to the ACAT under section 226 (5).\n(2) The seller may apply to the ACAT for an order directing the operator\nto enter into a service contract with the buyer.\n(3) Subsection (4) applies if—\n(a) the operator offers the buyer a service contract containing terms\nand conditions (the differing terms and conditions)\nsubstantially different from the terms and conditions of the\nsample contracts available for inspection under section 29\n(Copies of certain documents to be made available); and\n(b) the differing terms and conditions are to the buyer’s detriment.\n(4) The seller may apply to the ACAT for an order directing the operator\nto enter into a service contract with the buyer that is substantially in\naccordance with the sample contract.\n","sortOrder":242},{"sectionNumber":"228","sectionType":"section","heading":"ACAT decision in relation to proposed buyer","content":"228 ACAT decision in relation to proposed buyer\n(1) On application under section 226 (5) or section 227 (2), the ACAT\nmust decide whether the operator’s decision not to enter into a service\ncontract is reasonable in the circumstances, taking into account—\n(a) whether the residential premises are suitable for occupation by\nthe intended occupant, taking into account the intended\noccupant’s physical and mental capacity; and\n(b) anything else the ACAT considers relevant.\n(2) However, the intended occupant’s age is not relevant if the intended\noccupant is a retired person.\n\n(3) On making a decision under subsection (1), the ACAT may make an\norder of the kind mentioned in section 226 (5) or section 227 (2),\nwhether or not that is the order sought.\n(4) If the ACAT considers it appropriate, an order mentioned in\nsection 227 (2) or (4) may also set the terms of the service contract to\nbe entered into, taking into account the service contracts in force in\nthe retirement village and the sample contract available for inspection\nunder section 29 (Copies of certain documents to be made available).\n(5) If the ACAT makes the order mentioned in section 227 (4), the ACAT\nmay also order the operator to pay compensation to the seller or the\nbuyer (or both) for delay and inconvenience that it considers just in\nthe circumstances.\nintended occupant, of residential premises in a retirement village,\nmeans—\n(a) the buyer of the premises; or\n(b) another person the buyer intends to allow to live in the premises.\n","sortOrder":243},{"sectionNumber":"229","sectionType":"section","heading":"Letting or subletting of premises","content":"229 Letting or subletting of premises\n(1) A resident of residential premises in a retirement village—\n(a) if the resident of the premises is a registered long-term\nsublessee—may sublet the premises under a residential tenancy\nagreement under this division; or\n(b) in any other case—may let the premises under a residential\ntenancy agreement under this division.\n(2) A residential tenancy agreement under this division—\n(a) must comply with the requirements of the Residential Tenancies\nAct 1997, section 6A (What is a residential tenancy\nagreement?); and\n\n(b) must be for a term that, together with any option to renew, is not\nmore than 3 years.\nNote A residential tenancy agreement under this division is subject to the\nResidential Tenancies Act 1997. The tenant is not a resident of the\n(3) The tenant or subtenant under the residential tenancy agreement must\nbe a retired person.\n(4) A resident may let or sublet the premises only if—\n(a) the resident has given the operator of the village written details\nof—\n(i) the name and age of the proposed tenant or subtenant; and\n(ii) the term of the proposed residential tenancy agreement;\nand\n(iii) any other matters in relation to the proposed agreement that\nthe operator may reasonably require; and\n(b) the operator has consented in writing to the agreement.\n(5) The operator may refuse to consent to a second or later residential\ntenancy agreement if the proposed term of the agreement, when added\nto the term of a preceding agreement relating to the premises and to\nwhich the same resident was a party, would be more than 3 years.\n(6) If the operator decides not to consent to the residential tenancy\nagreement (other than for a reason mentioned in subsection (5)), the\noperator must, not later than 7 days after receiving the written details\nmentioned in subsection (4) (a)—\n(a) give the resident written notice of the decision and the reasons\nfor it; and\n(b) apply to the ACAT for an order declaring that the operator is not\nobliged to consent to the agreement.\n\n(7) If the operator does not apply for an order within the time allowed,\nthe operator is taken to have consented to the residential tenancy\nagreement.\n","sortOrder":244},{"sectionNumber":"230","sectionType":"section","heading":"ACAT decision in relation to proposed tenant or","content":"230 ACAT decision in relation to proposed tenant or\nsubtenant\n(1) On application under section 229, the ACAT must decide whether the\noperator’s decision not to consent to a residential tenancy agreement\nmentioned in that section is reasonable in the circumstances, taking\ninto account—\n(a) whether the residential premises are suitable for occupation by\nthe proposed tenant or subtenant, taking into account the\nproposed tenant’s or subtenant’s physical and mental capacity;\nand\n(b) anything else the ACAT considers relevant.\n(2) However, the age of the proposed tenant or subtenant is not relevant\nif the proposed tenant or subtenant is a retired person.\n(3) On making a decision under subsection (1), the ACAT may make an\norder—\n(a) directing the operator to consent to the residential tenancy\nagreement and pay the compensation (if any) stated in the order;\nor\n(b) declaring that the operator is not obliged to consent to the\nagreement.\n(4) The operator is taken to have consented to the residential tenancy\nagreement on the making of an order under subsection (3) (a).\n\n","sortOrder":245},{"sectionNumber":"231","sectionType":"section","heading":"Effect of granting of residential tenancy agreement under","content":"231 Effect of granting of residential tenancy agreement under\nthis division\n(1) This section applies if a resident of residential premises in a\nretirement village enters into a residential tenancy agreement with a\ntenant or subtenant in relation to the premises.\n(2) Services under the service contract between the operator of the\nretirement village and the resident are to be provided to the tenant or\nsubtenant of the resident as if the tenant or subtenant were the\n(3) The tenant or subtenant may enforce the service contract.\n(4) The letting or subletting of residential premises under this division\ndoes not affect any right or obligation of the resident and the operator\nunder a village contract.\n","sortOrder":246},{"sectionNumber":"232","sectionType":"section","heading":"Operator not to interfere in letting","content":"232 Operator not to interfere in letting\noperator interferes with a resident’s attempt to let the resident’s\nresidential premises in the village.\n(3) Subsection (1) does not apply if the operator refused to consent to a\nsecond or subsequent tenancy agreement under section 229 (5).\n(4) Without limiting subsection (1), the operator interferes with a\nresident’s attempt to let residential premises if the operator interferes\nwith a “For Lease” sign relating to the premises.\n\n(5) Subsection (4) does not apply if the sign has been erected contrary to\nthe village rules or in a way that interferes with the peace, comfort\nand quiet enjoyment of another resident of the retirement village.\nvillage rules, of a village, includes by-laws if the village is part of a\ncommunity title plan or unit titles plan.\n","sortOrder":247},{"sectionNumber":"233","sectionType":"section","heading":"No assignment or subletting","content":"233 No assignment or subletting\n(1) A person who is a tenant or subtenant under a residential tenancy\nagreement under this division must not—\n(a) assign the person’s interest under the agreement; or\n(b) sublet the premises the subject of the agreement.\n(2) This section has effect despite any term in the agreement and despite\nthe Residential Tenancies Act 1997.\n","sortOrder":248},{"sectionNumber":"234","sectionType":"section","heading":"Legal ability to sublet","content":"234 Legal ability to sublet\n(1) For this division, and despite the ending of the resident’s residence\ncontract, a resident of a retirement village who is a registered\nlong-term sublessee is taken to possess a legal estate in the resident’s\nresidential premises in the village that enables the resident to lease\nthe premises to another person under a residential tenancy agreement.\n(2) The resident ceases to possess the estate on completion of the sale of\n\n","sortOrder":249},{"sectionNumber":"235","sectionType":"section","heading":"Payments to former occupants who were registered","content":"235 Payments to former occupants who were registered\nretirement village who is, or was, a registered interest holder in\nrelation to the residential premises.\n(2) The operator of the village must make any payment needed to be\nmade to the former occupant following the sale of the premises within\n14 days after the earliest of the following days:\n(a) the day the operator receives full payment under a residence\ncontract with an incoming resident of the premises;\n(b) the day the operator enters into a village contract with an\nincoming resident of the premises;\n(c) the day the operator enters into a residential tenancy agreement\nwith an incoming tenant of the premises;\n(d) the day a person takes up residence in the premises with the\n(e) if the operator buys the premises from the former occupant—the\nday the operator completes the purchase.\n(3) The operator of the village commits an offence if the operator does\nnot comply with subsection (2).\n(4) An offence against subsection (3) is a strict liability offence.\n(5) Subsection (3) does not apply if the contract between the operator and\nformer occupant provides for earlier payment.\n\n(6) If a payment is not made to the former occupant within the time\nrequired by subsection (2)—\ndirecting the operator to make the payment; and\n(b) interest is payable, at the rate prescribed by regulation, on the\nunpaid amount on and from the day the amount becomes\noverdue.\n","sortOrder":250},{"sectionNumber":"236","sectionType":"section","heading":"Statements to former occupants who were registered","content":"236 Statements to former occupants who were registered\n(1) This section applies if the operator of a retirement village makes a\npayment to a former occupant of residential premises in the village\nunder section 235.\n(2) At the same time as the payment is made, the operator must give the\nformer occupant a statement setting out the following and showing\nhow the amounts were calculated:\n(a) the departure fee, if any, payable by the former occupant;\n(b) accrued or outstanding recurrent charges, if any, payable by the\nformer occupant;\n(c) any amount payable by the former occupant in relation to the\nsale of the residential premises;\n(d) any other amount payable by the former occupant under a\nvillage contract;\n(e) if the former occupant is a registered long-term sublessee—the\nsale price of the premises;\n(f) the amount of the payment to the former occupant.\n(3) The operator of the retirement village commits an offence if the\noperator does not comply with subsection (2).\n\n","sortOrder":251},{"sectionNumber":"237","sectionType":"section","heading":"ACAT order—recalculation of amount under s 235","content":"237 ACAT order—recalculation of amount under s 235\n(1) This section applies if the operator of a retirement village must make\na payment to a former occupant under section 235 and, in the former\noccupant’s opinion—\n(a) the amount of the payment was not calculated in accordance\nwith this Act or any relevant village contract; or\n(b) the operator’s conduct has unfairly had a negative financial\nimpact on the former occupant.\n(2) The former occupant may apply to the ACAT for an order directing\nthe operator to recalculate the amount in accordance with the\ndirections of the ACAT and pay any additional amount due to the\nformer occupant as a result of the recalculation.\n(3) If the ACAT considers it appropriate, the ACAT may also order the\npayment of interest on the additional amount at the rate prescribed by\n(4) Without limiting subsection (1), conduct of the operator that may\nunfairly have a negative impact on a former occupant includes\nentering into a village contract with a subsequent resident that\ncontains terms that—\n(a) are substantially different from those contained in the village\ncontract to which the former occupant was a party; and\n(b) will have a negative financial impact on the former occupant to\nthe benefit of the operator.\n","sortOrder":252},{"sectionNumber":"238","sectionType":"section","heading":"Payments to former occupants who were not registered","content":"238 Payments to former occupants who were not registered\nretirement village who is not, or was not, a registered interest holder\nin relation to the residential premises.\n\n(2) The operator of a retirement village must make any refund of the\ningoing contribution needed to be made to the former occupant under\nthe village contract not later than the earliest of the following:\n(a) the day for payment stated in the village contract;\n(b) the day for payment agreed between the operator and former\noccupant;\n(c) the day that is 14 days after the day the operator receives full\npayment under the residence contract of an incoming resident of\nthe premises;\n(d) the day that is 14 days after the day the operator enters into a\nresidential tenancy agreement with an incoming tenant of the\n(e) the day that is 14 days after the day a person takes up residence\nin the premises with the operator’s consent;\n(f) if the ACAT ended the residence contract—the day that is\n1 month after the day the contract ended;\n(g) if the former occupant delivered up vacant possession of the\npremises to the operator after receiving notice of the operator’s\nintention to apply to the ACAT for an order ending the residence\ncontract—the day that is 1 month after the day vacant possession\nwas delivered;\n(h) the day that is 6 months after the day the former occupant\notherwise delivered up vacant possession of the premises to the\n(3) The operator commits an offence if the operator does not comply with\nsubsection (2).\n(4) An offence against subsection (2) is a strict liability offence.\n\n(5) Any other payment dependent on the amount of the ingoing\ncontribution of the incoming resident of the premises that is required,\nunder a village contract, to be made to the former occupant must be\npaid to the former occupant within 14 days after the earlier of—\n(a) the payment, under a village contract, of any money to the\noperator, by the incoming resident; or\n(b) the incoming resident’s taking up residence in the premises.\nNote A contract may provide that the resident, when the resident permanently\nvacates residential premises in the village, is to receive a refund of a fixed\namount of the resident’s ingoing contribution plus a share of any capital\ngain (that is, any greater amount of ingoing contribution payable by the\nincoming resident compared with the ingoing contribution paid by the\nformer occupant). The refund of the ingoing contribution must be paid\nby the time mentioned in s (2), while the share of capital gain (if any)\nmust be paid by the time mentioned in s (5).\n(6) If, in the operator’s opinion, the operator will not be able to enter into\na residence contract with another person in relation to the premises\nwithin the time required under subsection (2) (h), the operator may\napply to the ACAT for 1 of the following orders on the grounds that\ncompliance within the time required under subsection (2) (h) would\ncause undue hardship to the operator:\n(a) an order extending the time allowed for payment under this\nsection;\n(b) an order allowing payment by instalments.\n(7) In deciding an application made under subsection (6), the ACAT\nmay—\n(a) consider the hardship to be caused to the former occupant if an\norder of the kind set out in subsection (6) is made; and\n(b) make an order of that kind; and\n(c) if it considers it appropriate to do so, make a further order for\nthe payment of interest at a rate decided by the ACAT.\n\n(8) If a payment is not made to the former occupant within the time\nrequired by this section—\ndirecting the operator to make the payment; and\n(b) interest is payable, at the rate prescribed by regulation, on that\nunpaid amount on and from the day the amount becomes\noverdue.\n","sortOrder":253},{"sectionNumber":"238A","sectionType":"section","heading":"Statements to former occupants who were not registered","content":"238A Statements to former occupants who were not registered\n(1) This section applies if the operator of a retirement village—\n(a) refunds a former occupant’s ingoing contribution under\nsection 238 (2); or\n(b) makes another payment to a former occupant of residential\npremises in the village under section 238 (5).\n(2) At the same time as the payment is made, the operator must give the\nformer occupant a statement setting out the following and showing\nhow the amounts were calculated:\n(a) the departure fee (if any) payable by the former occupant;\n(b) accrued or outstanding recurrent charges (if any) payable by the\nformer occupant;\n(c) any amount payable by the former occupant in relation to repairs\nrequired to the residential premises under section 219\n(Condition of premises on ending of residence contract);\n(d) any other amount payable by the former occupant under a\nvillage contract;\n(e) in relation to the part of a refund mentioned in section 238 (5)—\nthe amount of the ingoing contribution of the incoming resident\nof the premises;\n\n(f) the amount of the payment to the former occupant.\n(3) The operator of the village commits an offence if the operator does\nnot comply with subsection (2).\n","sortOrder":254},{"sectionNumber":"239","sectionType":"section","heading":"ACAT order—recalculation of payment under s 238","content":"239 ACAT order—recalculation of payment under s 238\n(1) This section applies if the operator of a retirement village must make\na payment to a former occupant under section 238 and, in the former\noccupant’s opinion—\n(a) the amount of the payment was not calculated in accordance\nwith this Act or any relevant village contract; or\n(b) the operator’s conduct has unfairly had a negative financial\nimpact on the former occupant.\n(2) The former occupant may apply to the ACAT for an order directing\nthe operator to recalculate the amount in accordance with the\ndirections of the ACAT and pay any additional amount due to the\nformer occupant as a result of the recalculation.\n(3) If the ACAT considers it appropriate, the ACAT may order the\npayment of interest on the additional amount at the rate prescribed by\n(4) Without limiting subsection (1), conduct of the operator that may\nunfairly have a negative impact on a former occupant includes\nentering into a village contract with a subsequent resident that\ncontains terms that—\n(a) are substantially different from those contained in the village\ncontract to which the former occupant was a party; and\n(b) will have a negative financial impact on the former occupant to\nthe benefit of the operator.\n\n","sortOrder":255},{"sectionNumber":"240","sectionType":"section","heading":"Payments to executors and administrators","content":"240 Payments to executors and administrators\n(1) This section applies if, because of the death of a former occupant of\nresidential premises in a retirement village, a payment under this\ndivision must be made to the executor or administrator of the former\noccupant’s estate.\n(2) The operator of the village must sight a grant of administration in\nrelation to the estate before making a payment.\n(3) However, if the operator is unable to find out the identity of the\nexecutor or administrator—\n(a) the operator may apply to the ACAT for an order directing the\noperator to deal with the money as stated in the order; and\n(b) the operator does not incur any liability in relation to the\noperator’s dealing with the money in accordance with the order.\ngrant of administration means—\n(a) grant of probate, or of letters of administration, under the\nAdministration and Probate Act 1929; or\n(b) a grant of an order to collect and administer under that Act,\nsection 88; or\n(c) an election to administer under that Act, section 87C; or\n(d) a corresponding grant or election under a law in force in a State\nor another Territory.\n\n","sortOrder":256},{"sectionNumber":"Part 11","sectionType":"part","heading":"Protection of ingoing","content":"Part 11 Protection of ingoing\ncontributions paid by residents\nother than registered interest\nholders\n","sortOrder":257},{"sectionNumber":"241","sectionType":"section","heading":"Application—pt 11","content":"241 Application—pt 11\n(1) This part applies to a village contract if—\n(a) a resident of the village under the contract has paid an ingoing\ncontribution under the contract that includes a provision that\nentitles the resident to a refund of the whole, or any part, of the\ningoing contribution; and\n(b) the refund is more than the amount prescribed by regulation.\n(2) However, this part does not apply to a village contract if the resident\nis a registered interest holder.\n","sortOrder":258},{"sectionNumber":"242","sectionType":"section","heading":"Creation of charge","content":"242 Creation of charge\n(1) A charge is created over the land in a retirement village for the\namount of the refund under the village contract for a resident’s\nresidential premises in the village on the day the contract is entered\ninto.\n(2) Nothing in this section creates a charge over land—\n(a) that is not registered as a retirement village under section 42\n(Retirement village land to be registered under Land Titles Act);\nor\n(b) in relation to which a resident is a registered interest holder.\n\nPart 11 Protection of ingoing contributions paid by residents other than registered\n","sortOrder":259},{"sectionNumber":"243","sectionType":"section","heading":"Disposal of land subject to charge","content":"243 Disposal of land subject to charge\n(1) A person must not dispose of land in relation to which a charge is in\nforce under this part except in accordance with an order under\nsection 246 (Order for enforcement of charge).\n(3) Subsection (1) does not apply in relation to the disposal of land in a\nretirement village in the course of the sale of a retirement village as a\ngoing concern.\n","sortOrder":260},{"sectionNumber":"244","sectionType":"section","heading":"Effect of charge on successors in title","content":"244 Effect of charge on successors in title\nA charge that is created over land under this part is binding on, and\nenforceable against, the owner of the land from time to time while the\ncharge is in force.\n","sortOrder":261},{"sectionNumber":"245","sectionType":"section","heading":"Application for enforcement of charge","content":"245 Application for enforcement of charge\n(1) A person may apply to the Supreme Court for an order under\nsection 246 in relation to land in a retirement village in relation to\nwhich the person is a resident or former occupant if—\n(a) either—\n(i) the operator of the village—\n(A) if an individual—becomes bankrupt or personally\ninsolvent; or\n(B) if a corporation—becomes insolvent; or\n(ii) an administrator is appointed in relation to the operator;\nand\n\n(b) the person reasonably believes that it is unlikely that the operator\nwill be able to refund the part of the ingoing contribution that\nthe applicant is entitled to be refunded under a village contract\nrelating to the village.\n(2) A mortgagee, receiver or administrator of land in a retirement village\nmay apply to the Supreme Court for an order under section 246 in\nrelation to land in a retirement village if—\n(a) either—\n(i) the operator of the village—\n(A) if an individual—becomes bankrupt or personally\ninsolvent; or\n(B) if a corporation—becomes insolvent; or\n(ii) an administrator is appointed in relation to the operator;\nand\n(b) the applicant reasonably believes that it is unlikely that the\noperator will be able to refund any part of an ingoing\ncontribution that a resident or former occupant is entitled to be\nrefunded under a village contract relating to the village.\n","sortOrder":262},{"sectionNumber":"246","sectionType":"section","heading":"Order for enforcement of charge","content":"246 Order for enforcement of charge\nThe Supreme Court may, on application under section 245 in relation\nto land in a retirement village, do any of the following:\n(a) order the sale of land in the village, in relation to which a charge\nis in force;\n(b) appoint a person to act as the agent for the sale;\n(c) decide the entitlements of each of the residents or former\noccupants of the village, taking into account—\n(i) the refund entitlement of each resident or former occupant\nunder the relevant village contract; and\n\nPart 11 Protection of ingoing contributions paid by residents other than registered\n(ii) the days on which charges were created under this part in\nrelation to those contracts;\n(d) make any other order relating to the distribution of the proceeds\nof the sale as the court considers appropriate, taking into account\nthe order that interests are to be satisfied in accordance with\nsection 247;\n(e) make any other order the court considers appropriate.\n","sortOrder":263},{"sectionNumber":"247","sectionType":"section","heading":"Priority of interests","content":"247 Priority of interests\nFor an order under this part, interests in the land the subject of the\norder must be satisfied in the following order:\n(a) the costs of the sale of the land and the applicant’s costs in\nseeking the order;\n(b) any interest, mortgage, lien or other charge on or over the land\ncreated or registered before the creation of a charge under this\npart, or otherwise taking priority over a charge over the land that\nhas been created under this part;\n(c) any entitlement of a resident or former occupant of the\nretirement village arising from a village contract in relation to\nwhich a charge over the land has been created under this part\nand registered under the Land Titles Act 1925;\n(d) any other entitlement of a resident or former occupant of the\nretirement village arising from a village contract in relation to\nwhich a charge over the land has been created under this part;\n(e) any interest, mortgage, lien or other charge on or over the land\ncreated or registered after the creation of a charge over the land\nunder this part;\n(f) the interest of the registered proprietor of the land immediately\nbefore the sale of the land.\n\n","sortOrder":264},{"sectionNumber":"248","sectionType":"section","heading":"Order not to disadvantage residents","content":"248 Order not to disadvantage residents\nThe Supreme Court must not make an order under this part unless\nsatisfied that the order is in the best interests of the majority of the\nresidents of the retirement village.\n","sortOrder":265},{"sectionNumber":"249","sectionType":"section","heading":"Removal of charge","content":"249 Removal of charge\nA charge over land created under this part remains in force until—\n(a) the village contract that caused the charge to be created is ended\nand all of the operator’s liabilities under the contract have been\nmet; or\n(b) the land is sold in accordance with an order under this part.\n\n","sortOrder":266},{"sectionNumber":"250","sectionType":"section","heading":"Meaning of judicial body—pt 12","content":"250 Meaning of judicial body—pt 12\njudicial body means—\n(a) the ACAT; or\n(b) a court.\n","sortOrder":267},{"sectionNumber":"251","sectionType":"section","heading":"Functions of director-general","content":"251 Functions of director-general\nThe director-general has the following functions:\n(a) investigating and carrying out research into matters relating to\nor affecting retirement villages;\n(b) investigating and attempting to resolve complaints by residents\nand operators of retirement villages and taking the action that\nthe director-general considers appropriate;\nNote A reference to an Act includes a reference to the statutory\ninstruments made or in force under the Act, including any\nregulation (see Legislation Act, s 104).\n(c) distributing information about the services provided by the\ndirector-general and the ACAT in relation to residents of\nretirement villages and promoting awareness of the rights and\nresponsibilities of residents and people involved in the\nretirement village industry;\n(d) investigating and reporting on any matters, or making inquiries\nin relation to any matters, referred to the director-general by the\nMinister or by the ACAT in relation to this Act.\n\nAdministration Part 12\n","sortOrder":268},{"sectionNumber":"252","sectionType":"section","heading":"Director-general may issue warning notices","content":"252 Director-general may issue warning notices\n(1) The director-general may authorise publication of a notice warning\npeople of particular risks involved in dealing with a stated operator of\na retirement village or with a stated person who appears to be the\noperator of a retirement village (a warning notice).\na notice about the risks involved in dealing with an operator who has a history of\nunconscionable conduct in dealings with consumers\n(2) The director-general may authorise the publication of a warning\nnotice in 1 or more of the following ways:\n(a) to people making inquiries to the director-general about the\nstated operator or person;\n(b) by advertisement by the use of any medium;\n(c) to media representatives.\n(3) Publication of a warning notice must not be authorised unless an\ninvestigation has been conducted by the director-general (whether or\nnot the investigation is in relation to a complaint).\n(4) Before authorising the publication of a warning notice, the\ndirector-general must make reasonable efforts to give the operator or\nperson who is to be stated in the warning notice an opportunity, for a\nperiod of not less than 48 hours, to make representations to the\ndirector-general about the proposed notice.\n(5) The opportunity to make representations need not be given if the\ndirector-general reasonably believes there is an immediate risk to the\npublic.\n(6) No liability is incurred by any person for publishing honestly and\nwithout recklessness—\n(a) a warning notice; or\n(b) a fair report or summary of a warning notice.\n\n","sortOrder":269},{"sectionNumber":"253","sectionType":"section","heading":"Director-general may conduct proceedings","content":"253 Director-general may conduct proceedings\n(1) The director-general may conduct a proceeding before a judicial body\non behalf of a resident of a retirement village if—\n(a) the resident has made a complaint to the director-general; and\n(b) after investigating the complaint, the director-general is satisfied\nthat the resident may have a right to conduct the proceeding; and\n(c) the resident agrees to the director-general conducting the\n(2) The director-general must conduct a proceeding before a judicial\nbody on behalf of a resident of a retirement village if—\n(a) the Minister directs the director-general to do so; and\n(b) the resident agrees to the director-general conducting the\n","sortOrder":270},{"sectionNumber":"254","sectionType":"section","heading":"Conduct of proceedings by director-general","content":"254 Conduct of proceedings by director-general\n(1) If the director-general conducts a proceeding before a judicial body\non behalf of a resident of a retirement village, the director-general—\n(a) must conduct the proceeding on behalf of the resident; and\n(b) may appear personally or by a lawyer or agent; and\n(c) may do anything necessary or convenient to give effect to an\norder or a decision of the judicial body; and\n(d) is liable to pay the costs (if any) of the resident.\n(2) The resident is liable to pay any other amount that the judicial body\norders the resident to pay.\n\nAdministration Part 12\n","sortOrder":271},{"sectionNumber":"255","sectionType":"section","heading":"Intervention by director-general","content":"255 Intervention by director-general\n(1) Without limiting section 254, the director-general may intervene in a\nproceeding arising under this Act if the director-general reasonably\nbelieves that it would be in the public interest to do so.\n(2) The director-general must intervene in a proceeding arising under this\nAct if directed to do so by the Minister.\n(3) On intervening in a proceeding, the director-general—\n(a) becomes a party to the proceeding and has all the rights of a\nparty; and\n(b) has a right to be heard personally or by a lawyer or agent.\n","sortOrder":272},{"sectionNumber":"256","sectionType":"section","heading":"Protection from liability","content":"256 Protection from liability\n(1) A person is not civilly liable for anything done or omitted to be done\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the act or omission was in the\nexercise of a function under this Act.\n(2) Any civil liability that would, apart from this section, attach to a\nperson attaches instead to the Territory.\n\n","sortOrder":273},{"sectionNumber":"257","sectionType":"section","heading":"Charging monetary penalty imposed on operator to","content":"257 Charging monetary penalty imposed on operator to\nvillage operating costs\n(a) a penalty is imposed on the operator for an offence against this\nAct; and\n(b) the operator charges the amount of the penalty to the operating\ncosts of the village or to the residents of the village.\n","sortOrder":274},{"sectionNumber":"258","sectionType":"section","heading":"Charging for certain information","content":"258 Charging for certain information\n(a) is required to make information available, or give a document,\nto a person under this Act; and\n(b) requires the payment of an amount for making the information\navailable or giving the document.\n\nMiscellaneous Part 13\n","sortOrder":275},{"sectionNumber":"259","sectionType":"section","heading":"Inconsistency between this Act and Civil Law (Sale of","content":"259 Inconsistency between this Act and Civil Law (Sale of\nResidential Property) Act\n(1) Subsection (2) applies to the sale of residential premises in—\n(a) a community title scheme; or\n(b) a units plan.\n(2) To remove any doubt, to the extent of any inconsistency between a\nprovision in this Act and a provision in the Civil Law (Sale of\nResidential Property) Act 2003 (a conveyancing provision), the\nconveyancing provision prevails.\n","sortOrder":276},{"sectionNumber":"260","sectionType":"section","heading":"Costs of operator’s legal advice or proceeding","content":"260 Costs of operator’s legal advice or proceeding\n(1) The residents of a retirement village are not liable to pay any costs\nthe operator of the village incurs or expects to incur in obtaining legal\nadvice, or undertaking a legal proceeding, in relation to the village\nunless—\n(a) the costs appear in the approved annual budget for the village;\nor\n(b) section 52 (Costs of preparation of village contracts) applies.\n(2) If the residents refuse to consent to the inclusion of the costs as an\nitem in a proposed annual budget, the ACAT may, on application by\nthe operator under section 163 (ACAT orders—decisions about\nspending), order spending on those costs if the ACAT decides that—\n(a) the legal advice or proceeding is wholly in the interest of the\nresidents; and\n(b) the costs are reasonable in the circumstances.\n(3) This section does not apply in relation to costs awarded in favour of\nthe operator and against a resident of a retirement village in a legal\n\n","sortOrder":277},{"sectionNumber":"261","sectionType":"section","heading":"Contracting out of Act","content":"261 Contracting out of Act\n(1) This Act has effect despite anything to the contrary in an agreement,\ncontract, scheme or arrangement.\n(2) An agreement, contract, scheme or arrangement, whether oral or\nwholly or partly in writing, does not operate to vary or exclude the\noperation of a provision of this Act.\n(3) Subsection (1) and subsection (2) apply in relation to the constitution\nof a corporation in the same way as they apply in relation to an\nagreement, contract, scheme or arrangement.\n(4) A person commits an offence if the person enters into an agreement,\ncontract, scheme or arrangement to defeat, avoid or prevent, directly\nor indirectly, the operation of this Act.\n(5) Subsection (4) does not apply to a residential tenancy agreement that\ncontains a term to the effect that this Act does not apply to the\nresidential premises the subject of the agreement.\nNote 1 The defendant has an evidential burden in relation to the matters\nNote 2 A retirement village does not include residential premises that are the\nsubject of a residential tenancy agreement in certain circumstances (see\ns 10 (1), def retirement village, par (b) (vi)).\n","sortOrder":278},{"sectionNumber":"261A","sectionType":"section","heading":"Meetings of operators—methods of communication","content":"261A Meetings of operators—methods of communication\n(1) This section applies to a meeting to be held, including under any of\nthe following provisions:\n(a) section 62 (New operator to convene meeting of residents);\n(b) section 83 (Proposed amendment of village rules);\n\nMiscellaneous Part 13\n(c) section 94 (Change in services or facilities provided at village);\n(d) section 107 (Operator must hold annual management meeting);\n(e) section 111 (Villages without residents committee).\n(2) The operator may authorise that the meeting be held using a method\nof communication, or a combination of methods of communication,\nthat allows a resident taking part to hear or otherwise know what each\nother resident taking part says without the residents being in each\nother’s presence.\na phone link, a satellite link, an internet or intranet link, in writing\n(3) If the operator authorises that a meeting be held using a method of\ncommunication under subsection (2), the operator must ensure that—\n(a) each resident has access to facilities that will allow them to take\npart in the meeting using the method; and\n(b) each resident is able to use the facilities.\n(4) A person who takes part in a meeting conducted under subsection (2)\nis taken, for all purposes, to be present at the meeting.\n","sortOrder":279},{"sectionNumber":"262","sectionType":"section","heading":"Determination of fees","content":"262 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":280},{"sectionNumber":"263","sectionType":"section","heading":"Approved forms","content":"263 Approved forms\n(1) The commissioner for fair trading may approve forms for this Act.\nNote Commissioner for fair trading—see the Legislation Act, dict, pt 1.\n(2) If the commissioner for fair trading approves a form for a particular\npurpose, the approved form must be used for that purpose.\n(3) An approved form is a notifiable instrument.\n\n","sortOrder":281},{"sectionNumber":"264","sectionType":"section","heading":"Regulation-making power","content":"264 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to the following:\n(a) applications to the ACAT, including applications by residents\ncommittees and operators of retirement villages;\n(b) parties to applications to the ACAT by the operator of a\n(3) A regulation may create offences and fix maximum penalties of not\nmore than 30 penalty units for the offences.\n\nConsent of residents Schedule 1\nPreliminary Part 1.1\nSection 1.1\n","sortOrder":282},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Consent of residents","content":"Schedule 1 Consent of residents\n(see s 15)\nPart 1.1 Preliminary\n1.1 Entitlement to vote\nA former occupant of a retirement village may vote on a measure or\naction relating to the village if the former occupant is, or would have\nbeen, entitled to vote on the measure or action as a resident.\nPart 1.2 Consent generally\n1.2 Vote to be taken\n(1) If this Act provides that a particular measure or action is of no effect\nunless it is consented to by the residents of a retirement village, or\notherwise requires the consent of the residents, the residents are taken\nto have given their consent if more than 50% of the residents who\nvote on the measure or action consent to it.\n(2) Subsection (1) does not apply to a measure or action that requires a\nspecial resolution.\nresident means a resident entitled to vote.\nvote includes vote by proxy.\n1.3 Method of voting\n(1) A vote in relation to a measure or action (other than a measure or\naction that requires a special resolution) may be taken by means of—\n(a) a show of hands; or\n(b) a written ballot conducted in accordance with a regulation.\n\nSchedule 1 Consent of residents\nPart 1.3 Consent requiring special resolution\nSection 1.4\n(2) A regulation may require a vote in relation to a measure or action of\na particular class or kind to be taken by means of a written ballot.\n1.4 Result of vote\n(1) The operator of a retirement village must accept as the residents’\ndecision in relation to a measure or action that requires their consent\nthe decision that is reported to the operator by—\n(a) a person who holds an office on the residents committee for the\n(b) if there is no residents committee for the village—a resident\nelected in accordance with section 1.3 as the representative of\nthe residents of the village in relation to the measure or action\nconcerned.\n(2) A regulation may make provision in relation to the election of a\nrepresentative of residents under subsection (1) (b).\nPart 1.3 Consent requiring special\nresolution\n1.5 Written ballot required for special resolution\nA vote in relation to a measure or action that requires a special\nresolution must be taken by means of a written ballot conducted in\nthe way prescribed by regulation.\n1.6 How special resolution is carried\nA special resolution is carried only if it is passed by at least 75% of\nthe number of residents of the retirement village who participate in\nthe written ballot.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• Australian statistician\n• authorised deposit-taking institution\n• bankrupt or personally insolvent\n• commissioner for fair trading\n• Corporations Act\n• director-general (see s 163)\n• doctor\n• domestic partner (see s 169 (1))\n• exercise\n• fail\n• function\n• housing commissioner\n• lawyer\n• Magistrates Court\n• public trustee and guardian\n• registrar-general\n• Supreme Court\n• the Territory.\naccounts, of a retirement village, means the accounts mentioned in\ndivision 7.5 (Annual accounts).\nadministrator means an administrator appointed under an order made\nunder division 6.6 (Administrators, receivers and managers).\nannual management meeting means the meeting mentioned in\nsection 107.\n\napproved annual budget, for a financial year of a retirement village,\nmeans a proposed annual budget taken to be an approved annual\nbudget under section 165.\ncapital gain—see section 13.\ncapital item, for which the operator of a retirement village is\nresponsible, for division 7.2 (Capital maintenance and\ncapital maintenance, for division 7.2 (Capital maintenance and\ncapital replacement, for division 7.2 (Capital maintenance and\ncapital works fund means a fund established under section 143.\nclose associate, of the operator of a retirement village, means—\n(a) an agent or employee of the operator; and\n(b) if the operator is an individual—\n(i) the domestic partner, parent, child or sibling of the\n(ii) the parent, child or sibling by marriage of the operator; or\n(iii) a body corporate of which the operator (or the operator’s\ndomestic partner, parent, child or sibling, or the operator’s\nparent, child or sibling by marriage) is a director or\nsecretary; and\n(c) if the operator is a body corporate—\n(i) a director or secretary of the body corporate or of a related\nbody corporate (within the meaning of the Corporations\nAct); or\n(ii) the domestic partner, parent, child or sibling (or the parent,\nchild or sibling by marriage) of a director or secretary; or\n(iii) a related body corporate.\n\ncommunity title scheme—see the Community Title Act 2001,\ndictionary.\ncompany title scheme means a scheme under which a group of\nadjoining or adjacent premises (including residential premises) is\nowned or leased by a corporation each of whose shareholders has,\nbecause of the shareholder’s shares, an exclusive right (under a lease\nor otherwise) to occupy 1 or more of the residential premises.\ncondition report—see section 59 (1).\ncontract for the sale, of residential premises occupied under a\ncompany title scheme—see section 9.\ndeparture fee—see section 214.\ndevelopment approval—see the Planning Act 2023, dictionary.\ndisclosure statement means a statement mentioned in section 24.\ndisputes committee—see section 175A (1).\nend of the settling-in period, for a village contract, for division 5.2\n(Settling-in period for residents)—see section 71.\nfinancial year, for a retirement village, means the period fixed under\nsection 134.\nformer occupant, of a retirement village—\n(a) means a resident, or a former resident, of the village—\n(i) who has permanently vacated residential premises in the\n(ii) if the person is not a registered interest holder—whose\nresidence contract has been ended; and\n(iii) who continues to have rights or liabilities under a village\ncontract in relation to the village; and\n(b) includes the executor or administrator of the estate of a person\nmentioned in paragraph (a).\n\ngeneral inquiry document means a document mentioned in\nsection 23.\ngeneral services—\n(a) means services provided, or made available, by or on behalf of\nthe operator of a retirement village, to all residents of the village;\nand\n(b) includes services prescribed by regulation.\n• management and administration\n• gardening and general maintenance\nholding deposit, for part 4 (Entry into retirement villages)—see\nsection 32.\ningoing contribution—see section 11.\ninvestigator means an investigator appointed under the Fair Trading\n(Australian Consumer Law) Act 1992, section 36.\njudicial body, for part 12 (Administration)—see section 250.\noperator, of a retirement village—see section 7.\noptional services—\n(a) means optional services made available, by or on behalf of the\noperator of a retirement village, to individual residents of the\n(b) includes services prescribed by regulation.\nlaundry, meals, cleaning residential premises\nowners corporation, for a units plan—see the Unit Titles\n(Management) Act 2011, dictionary.\n\npermanently vacated, residential premises—\n(a) for this Act generally—see section 14; and\n(b) for part 10 (Matters relating to vacation of premises)—see\nsection 207.\nproposed annual budget, for a financial year of a retirement village,\nfor division 7.4 (Proposed and approved annual budgets)—see\nsection 158.\nprospective resident, of a retirement village, means a person who\nindicates (or on whose behalf it is indicated) to the operator of the\nvillage that the person is or might be interested in becoming a resident\nof the village.\nproxy, of a resident of a retirement village, means a person appointed\nby the resident for voting on the resident’s behalf at residents\nmeetings.\nquarterly accounts, for a quarter for a retirement village, means the\naccounts of the village’s income and spending for the quarter.\nrecurrent charge means an amount (including rent) payable under a\nvillage contract, on a recurrent basis, by a resident of a retirement\nNote Levies payable under a community title scheme or units plan are not\nrecurrent charges (because they are not payable under a village contract).\ncontract, for division 10.4 (Repair and refurbishment of residential\npremises)—see section 218.\nregistered interest holder, in relation to residential premises in a\nretirement village—see section 12 (1).\nregistered long-term sublessee, of residential premises in a\nretirement village—see section 12 (1).\nregistered provider, of a residential care home, means the registered\nprovider under the Aged Care Act 2024 (Cwlth).\n\nrelative, of a person, means the following:\n(a) a grandparent, parent, sibling or child of the person;\n(b) a grandparent, parent, sibling or child of the person by marriage;\n(c) a step-grandparent, step-parent, step-brother, step-sister or\nstep-child of the person;\n(d) an aunt or uncle of the person.\nrescission notice—see section 55 (1).\nresidence contract means a contract that gives rise to a residence\nright.\nresidence right, of a person—see section 8.\nresident, of a retirement village—\n(a) means a retired person who has a residence right in relation to\nresidential premises in the village; and\n(b) includes the following people (each of whom is taken also to\nhave a residence right in relation to the residential premises):\n(i) the domestic partner of the retired person, if the domestic\npartner occupies the residential premises with the retired\nperson;\n(ii) a person prescribed by regulation;\n(iii) a person mentioned in section 15A (1) (a), (b) or (c)\n(Application to residents and operators of former\nretirement villages);\n(iv) for part 6 (General management of retirement villages)—\nsee section 77A;\n(v) for part 7 (Financial management of retirement villages)—\nsee section 133A;\n(vi) for part 8 (except division 8.1A)—see section 174A;\n\n(vii) for division 10.5 (Sale or letting of premises by certain\nresidents)—see section 221A.\nresidential care home means a residential care home under the Aged\nCare Act 2024 (Cwlth).\nresidential premises means premises or part of premises (including\nany land occupied with the premises) used or intended to be used as\na place of residence.\nresidential tenancy agreement—see the Residential Tenancies\nAct 1997, section 6A.\nresidents committee means a committee established under\nsection 103.\nretired person means a person who is 55 years old or older or has\nretired from full-time employment.\nretirement village—see section 10.\nsale, of residential premises occupied under a company title\nscheme—see section 9.\nsale of residential premises, for part 10 (Matters relating to vacation\nof premises)—see section 208.\nsale price, of residential premises occupied under a company title\nscheme—see section 9.\nservice contract means a contract under which general or optional\nservices are provided to a resident of a retirement village.\nservices and facilities means services and facilities provided by or on\nbehalf of an operator of a retirement village.\nspecial resolution means a resolution under schedule 1, part 1.3.\nstandard form contract—see section 67.\nstandard term, in relation to a village contract, means a term in a\nstandard form contract that applies to the village contract.\n\ntenant means a person who has a right to occupy residential premises\nin a retirement village under a residential tenancy agreement—\n(a) entered into under division 10.5 (Sale or letting of premises by\ncertain residents); or\n(b) that contains a term to the effect that this Act does not apply to\nthe residential premises the subject of the agreement.\nNote A tenant is not a resident because a tenant does not have a residence right\nin relation to residential premises in a retirement village—see div 10.5.\ntermination notice—see section 185 (2).\ntrustee, for part 4 (Entry into retirement villages)—see section 32.\nunit—see the Unit Titles Act 2001, section 9.\nunits plan—see the Unit Titles Act 2001, dictionary.\nurgent, for division 7.2 (Capital maintenance and replacement)—see\nsection 136.\nvillage contract—\n(a) for this Act generally—means any of the following:\n(i) a residence contract;\n(ii) a service contract;\n(iii) a contract under which a resident of a retirement village\nobtains the right to use a garage or parking space, or a\nstorage room, in the village;\n(iv) a contract of a kind prescribed by regulation; and\nNote A residence contract, service contract and any other village\ncontract may be contained in a single document.\n(b) for division 10.3 (Departure fees)—see section 215.\nvillage rules means the rules made under division 6.1 (Village rules).\nwaiting list fee, for a retirement village, for part 4 (Entry into\nretirement villages)—see section 32.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":283},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nRetirement Villages Act 2012 A2012-38\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nremainder commenced 4 March 2013 (s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2013\nA2013-7 sch 1 pt 1.7\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nsch 1 pt 1.7 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\nas modified by\nRetirement Villages Regulation 2013 SL2013-5 s 60, sch 5 (as am by\nSL2013-21 s 8, s 9)\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\ns 60, sch 5 commenced 4 March 2013 (s 2 and see Retirement\nVillages Act 2012 A2012-38, s 2 and LA s 79)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.34\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.34 commenced 14 June 2013 (s 2)\nRetirement Villages Amendment Regulation 2013 (No 1) SL2013-21\ns 8, s 9\nnotified LR 15 August 2013\ns 1, s 2 commenced 15 August 2013 (LA s 75 (1))\ns 8, s 9 commenced 16 August 2013 (s 2)\nNote This regulation only amends the Retirement Villages\nRegulation 2013 SL2013-5.\n\nLegislation history 3\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.21\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.21 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nStatute Law Amendment Act 2014 A2014-18 sch 3 pt 3.18\nnotified LR 20 May 2014\ns 1, s 2 commenced 20 May 2014 (LA s 75 (1))\nsch 3 pt 3.18 commenced 10 June 2014 (s 2 (1))\nProtection of Rights (Services) Legislation Amendment Act 2016\n(No 2) A2016-13 sch 1 pt 1.35\nnotified LR 16 March 2016\ns 1, s 2 commenced 16 March 2016 (LA s 75 (1))\nsch 1 pt 1.35 commenced 1 April 2016 (s 2 and see Protection of\nRights (Services) Legislation Amendment Act 2016 A2016-1 s 2)\nRetirement Villages Amendment Act 2016 A2016-30 pt 2\nnotified LR 16 June 2016\ns 1, s 2 commenced 16 June 2016 (LA s 75 (1))\npt 2 commenced 16 December 2016 (s 2 and LA s 79)\nRevenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.10\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\nsch 1 pt 1.10 commenced 18 September 2017 (s 2 (1) and CN2017-5)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.26\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.26 commenced 9 March 2017 (s 2)\nStatute Law Amendment Act 2018 A2018-42 sch 3 pt 3.28\nnotified LR 8 November 2018\ns 1, s 2 taken to have commenced 1 July 2018 (LA s 75 (2))\nsch 3 pt 3.28 commenced 22 November 2018 (s 2 (1))\n\nRetirement Villages Legislation Amendment Act 2019 A2019-10 pt 4\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\npt 4 commenced 1 July 2019 (s 2 (1) and CN2019-11)\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.28\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.28 commenced 14 May 2020 (s 2 (1))\nLand Titles (Electronic Conveyancing) Legislation Amendment\nAct 2020 A2020-16 sch 1 pt 1.11\nnotified LR 13 May 2020\ns 1, s 2 commenced 13 May 2020 (LA s 75 (1))\nsch 1 pt 1.11 commenced 1 June 2020 (s 2 and see Electronic\nConveyancing National Law (ACT) Act 2020 A2020-15 s 3)\nEmergencies Amendment Act 2020 A2020-47 sch 1 pt 1.6\nnotified LR 3 September 2020\ns 1, s 2 commenced 3 September 2020 (LA s 75 (1))\nsch 1 pt 1.6 commenced 4 September 2020 (s 2)\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.14\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.14 commenced 20 February 2021 (s 2 (1))\nOperational Efficiencies (COVID-19) Legislation Amendment Act 2021\nA2021-24 pt 11\nnotified LR 13 October 2021\ns 1, s 2 taken to have commenced 8 October 2021 (LA s 75 (2))\npt 11 commenced 14 October 2021 (s 2 (1))\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 pt 8\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\npt 8 commenced 12 May 2022 (s 2 (1))\n\nLegislation history 3\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.56\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.56 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nJustice and Community Safety Legislation Amendment Act 2025\nA2025-2 pt 8\nnotified LR 20 February 2025\ns 1, s 2 commenced 20 February 2025 (LA s 75 (1))\npt 8 commenced 27 February 2025 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2025\n(No 3) A2025-22 sch 1 pt 1.6\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.6 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.80, sch 4\npt 4.152\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.80, sch 4 pt 4.152 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\ns 3 am A2023-36 amdt 1.328\nMeaning of operator\ns 7 am A2013-7 amdt 1.12, amdt 1.13; A2017-4 amdt 3.174\nMeaning of residence right\ns 8 am A2013-7 amdt 1.14; A2013-19 amdt 3.239; A2016-30 s 4,\ns 5; pars renum R7 LA\nMeaning of sale, sale price and contract for the sale of residential premises\ns 9 am A2013-7 amdt 1.15\nMeaning of retirement village\ns 10 am A2025-22 amdt 1.14; pars renum R24 LA\nMeaning of ingoing contribution\ns 11 am A2013-19 amdt 3.240\nMeaning of registered interest holder and registered long-term sublessee\ns 12 am A2016-30 s 6, s 7\nMeaning of permanently vacated residential premises\ns 14 hdg sub A2013-7 amdt 1.16\ns 14 am A2013-7 amdt 1.17, amdt 1.18\nConsent of residents\ns 15 am A2013-19 amdt 3.388\nApplication to residents and operators of former retirement villages\ns 15A ins A2013-7 amdt 1.19\nam A2013-19 amdt 3.241\nAdvertising or promoting village before development approval given\ns 16 am A2016-30 s 8, s 9; ss renum R7 LA; A2023-36 amdt 1.329\nAdvertising without approval for facilities\ns 17 am A2025-22 amdt 1.15\nExceptions to prohibitions on advertising\ns 18 am A2023-36 amdt 1.330; A2025-22 amdt 1.15\nRepresentation that complex is retirement village\ns 19 am A2013-19 amdt 3.242\nGiving information inconsistent with disclosure statement\ns 20 am A2013-7 amdt 1.20\n\nInformation about services and facilities\ns 21 am A2013-7 amdt 1.21\nMaking certain representations—promotional material\ns 22 hdg sub A2016-30 s 10\ns 22 am A2013-7 amdt 1.22; A2013-19 amdt 3.243, amdt 3.388;\nA2016-30 s 11, s 12\nMaking certain representations—aged care services\ns 22A ins A2016-30 s 13\nam A2025-22 amdts 1.16-1.18\nGeneral inquiry document\ns 23 am A2016-30 s 14; A2017-4 amdt 3.175; A2025-29\namdt 4.153\nDisclosure statement\ns 24 am A2013-19 amdt 3.388; A2016-30 s 15; A2017-4\namdt 3.176; A2025-29 amdt 4.153\nInformation to be given to prospective residents\ns 28 am A2025-29 amdt 4.153\nCopies of certain documents to be made available\ns 29 am A2013-19 amdt 3.244, amdt 3.245\nDefinitions—pt 4\ns 32 def trustee am A2013-7 amdt 1.23; A2016-13 amdt 1.134\nRepayment of waiting list fees—prospective resident does not enter village\ns 35 am A2013-19 amdts 3.246-3.248\nRequesting or accepting holding deposit\ns 37 am A2013-7 amdt 1.24\nFailure to keep deposits in trust\ns 38 am A2013-19 amdt 3.249\nRepaying etc holding deposits and ingoing contributions\ns 39 am A2013-19 amdt 3.250; A2016-30 ss 16-18; ss renum\nR7 LA; A2025-22 amdt 1.19, amdt 1.20\nRetirement village land to be registered under Land Titles Act\ns 42 am A2013-7 amdt 1.25; A2025-29 amdt 4.153\nApplication to remove retirement village notice from land titles register\ns 44 hdg sub A2020-16 amdt 1.33\ns 44 am A2020-16 amdt 1.34; A2025-29 amdt 4.153\nInconsistency between village contract and disclosure statement\ns 45 am A2013-19 amdt 3.251, amdt 3.252\n\nFailure to obtain certificate for amendment or replacement of village contract\ns 50 am A2013-19 amdt 3.253\nCosts of preparation of village contracts\ns 52 am A2016-30 s 19\nCooling-off period\ns 53 am A2016-30 s 20, s 21; ss renum R7 LA\nEffect of rescission notice\ns 55 am A2014-18 amdt 3.73\nConsequences of resident’s rescission of service contract\ns 56 am A2014-18 amdt 3.73\nConsequences of resident’s rescission of residence contract\ns 57 am A2013-19 amdt 3.254; A2017-1 amdt 1.113; A2020-16\namdt 1.35\nConsequence of resident’s rescission of other village contract\ns 58 am A2013-7 amdt 1.26; ss renum R1 LA\nCondition report for certain residential premises\ns 59 am A2025-29 amdt 4.153\nOperator to give resident or prospective resident copy of village contract\ns 60 hdg sub A2016-30 s 22\ns 60 am A2016-30 s 23\nRenovations and alteration of fixtures or fittings—ACAT orders\ns 64 am A2013-19 amdt 3.255\nRenovations and alteration of fixtures or fittings—limitation of s 63 and s 64\ns 65 am A2013-19 amdt 3.256; A2023-36 amdt 1.331; A2025-29\namdt 3.267\nEffect of noncompliance with standard form contract\ns 68 am A2013-7 amdts 1.27-1.29; A2013-19 amdts 3.257-3.259\nMeaning of end of the settling-in period—div 5.2\ns 71 am A2013-19 amdt 3.260\nOperator to refund certain payments made by resident\ns 74 am A2016-30 s 24\nTime for making of payments\ns 75 am A2013-19 amdt 3.261; A2016-30 s 25\nFormer occupant not required to pay certain amounts\ns 76 am A2013-19 amdt 3.262, amdt 3.263\nMeaning of resident—pt 6\ns 77A ins A2013-19 amdt 3.264\n\nOperator may make village rules for new villages\ns 81 am A2013-7 amdt 1.30\nVillages without rules\ns 82 hdg sub A2013-7 amdt 1.31\ns 82 am A2013-7 amdt 1.32\nOperator’s concern that amendment will impose additional cost\ns 85 am A2013-19 amdt 3.265, amdt 3.266\nCompliance with village rules\ns 87 am A2013-19 amdt 3.267\nCertain people not to be operators\ns 89 am A2018-42 amdt 3.96, amdt 3.97\nOperator to provide secure premises\ns 90 am A2016-30 s 26, s 27; ss renum R7 LA\nOperator to provide safe premises\ns 91 am A2013-19 amdt 3.268; A2016-30 s 28; pars renum R7 LA\nOperator not to reduce or withdraw certain services and facilities\ns 95 am A2013-19 amdt 3.269\nOperator not to require residents to patronise particular businesses\ns 97 am A2013-19 amdt 3.270, amdt 3.271\nOperator to respect rights of residents\ns 99 am A2013-19 amdt 3.272, amdt 3.273\nRestriction of operator’s access to residential premises\ns 100 am A2013-19 amdts 3.274-3.278\nResidents to be given access to information about them\ns 102 am A2013-19 amdt 3.279\nResidents committees and organisations\ns 103 am A2013-19 amdt 3.280, amdt 3.388; A2019-10 s 18, s 19\nMembership of residents committee\ns 104 am A2019-10 s 20; A2025-2 s 48, s 49; ss renum R23 LA\nOperator must hold annual management meeting\ns 107 am A2013-19 amdt 3.281; A2020-14 amdt 1.126; A2020-47\namdt 1.15\n(3A) exp 8 April 2021 (s 265 (1))\nAnnual management meeting—chair\ns 109 am A2022-8 s 216\nOperator must keep minutes of meetings with residents\ns 110A ins A2016-30 s 29\n\nMeetings of residents\ns 112 am A2013-19 amdt 3.282; A2019-10 s 21, s 22; ss renum\nR13 LA; A2022-8 s 217; ss renum R20 LA\nMeetings of residents—methods of communication\ns 112A ins A2020-14 amdt 1.127\nam A2021-24 s 24\nAttendance at meetings of residents\ns 113 am A2022-8 s 218\nProxies\ns 116 am A2013-19 amdt 3.283; A2019-10 s 23, s 24; A2025-29\namdt 4.153\nCertain limitations on proxies\ns 117 am A2019-10 s 25; A2020-14 amdt 1.128; A2022-8 s 219\n(1A), (1B) exp 29 September 2023 (s 265 (2))\nEffect of certain votes\ns 118 am A2013-7 amdt 1.33; A2023-36 amdt 1.332\nApplication to ACAT by operator in relation to possession of premises by\nrelative of resident\ns 122 am A2013-7 amdt 1.34\nApplication for order appointing administrator\ns 125 am A2013-19 amdt 3.284, amdt 3.388\nAdministrator may amend village contract\ns 130 am A2013-19 amdt 3.388\nMeaning of resident—pt 7\ns 133A ins A2013-19 amdt 3.285\nFinancial year for retirement village\ns 134 hdg sub A2013-19 amdt 3.286\nDefinitions—div 7.2\ns 135 sub A2013-7 amdt 1.35\ntextual correction R13 (RI)-R25 (RI)\ndef capital item sub A2013-7 amdt 1.35\nam A2019-10 s 26\ndef capital maintenance ins A2013-7 amdt 1.35\ndef capital replacement ins A2013-7 amdt 1.35\nam A2019-10 s 27\nCapital maintenance and replacement guidelines\ns 136A ins A2019-10 s 28\nam A2025-29 amdt 4.153\nResident may carry out urgent work\ns 139 am A2016-30 s 30, s 31\n\nFunding of certain capital maintenance and capital replacement\ns 141 am A2013-19 amdt 3.287\nRetirement village to be insured\ns 145 am A2013-19 amdt 3.288\nSale of capital items to residents\ns 146 am A2013-19 amdts 3.289-3.291; pars renum R2 LA\nAmendment of recurrent charges\ns 148 am A2019-10 s 29\nRecurrent charges amended otherwise than by fixed formula\ns 150 am A2013-19 amdts 3.292-3.295\nsub A2016-30 s 32\nam A2019-10 s 30\nRecurrent charges amended otherwise than by fixed formula—exceeding\nvariation in CPI\ns 151 am A2013-7 amdt 1.36; A2013-19 amdt 3.296, amdt 3.297\nom A2016-30 s 33\nAmending certain recurrent charges otherwise than in accordance with Act\ns 152 am A2016-30 s 34\nResidents consent to amendment\ns 153 am A2013-19 amdt 3.298, amdt 3.299, amdt 3.388; A2016-30\nss 35-37\nACAT orders—recurrent charges\ns 154 am A2013-7 amdt 1.37; A2013-19 amdt 3.300, amdt 3.388;\nA2016-30 s 38; ss renum R7 LA\nFailure to give receipt for payment of recurrent charges\ns 156 am A2013-19 amdt 3.301, amdt 3.302\nReduction of recurrent charges in certain circumstances\ns 157 am A2013-7 amdt 1.38; A2013-19 amdt 3.303\nProposed annual budget\ns 159 am A2013-7 amdt 1.39; A2013-19 amdt 3.304, amdt 3.388;\nA2016-30 s 39; pars renum R7 LA; A2019-10 s 31; ss renum\nR13 LA; A2020-14 amdt 1.129; A2020-47 amdt 1.15\n(2A), (2B) exp 8 April 2021 (s 265 (1))\nam A2025-29 amdt 4.153\nResidents may consent to not receiving proposed annual budget\ns 160 am A2013-7 amdt 1.40; A2013-19 amdt 3.305, amdt 3.388\nResidents’ consent to spending\ns 162 am A2013-7 amdts 1.41-1.43; ss renum R1 LA; A2013-19\namdt 3.388; A2016-30 s 40; A2019-10 s 32; ss renum\nR13 LA\n\nACAT orders—decisions about spending\ns 163 am A2013-19 amdts 3.306-3.308, amdt 3.388\nSpending otherwise than in accordance with approved annual budget\ns 166 am A2013-7 amdt 1.44; A2013-19 amdt 3.309, amdt 3.310,\nAuditing of accounts\ns 168 am A2013-7 amdt 1.45; A2013-19 amdts 3.311-3.313,\nCopies of annual accounts to be given to residents\ns 169 am A2013-7 amdt 1.46; A2013-19 amdts 3.314-3.316\nAccounts need not be audited in certain circumstances\ns 170 am A2013-7 amdt 1.47; A2013-19 amdt 3.317, amdt 3.318,\nQuarterly accounts need not be given to residents in certain circumstances\ns 171 am A2013-19 amdt 3.319\nMeaning of surplus—div 7.6\ns 172 om A2013-19 amdt 3.320\nAny surplus to be carried over\ns 173 am A2013-19 amdt 3.321; A2016-30 s 41, s 42; ss renum\nR7 LA\nMeaning of resident—pt 8\ns 174A ins A2013-19 amdt 3.329\nsub A2016-30 s 43\nOther options for dispute resolution\ns 175 sub A2019-10 s 33\nDispute resolution—disputes committee\ndiv 8.1A hdg ins A2016-30 s 44\nDisputes committee\ns 175A ins A2016-30 s 44\nDispute between operator and resident—notice to dispute committee\ns 175B ins A2016-30 s 44\nam A2019-10 s 34\nDisputes committee—decision\ns 175C ins A2016-30 s 44\nCosts of dispute resolution\ns 175D ins A2016-30 s 44\nDispute resolution—ACAT\ndiv 8.2 hdg sub A2016-30 s 45\n\nDispute between operator and resident—application to ACAT\ns 176 hdg sub A2016-30 s 46\ns 176 am A2013-19 amdts 3.330-3.332\nACAT jurisdiction\ns 177 am A2013-7 amdt 1.48; A2013-19 amdt 3.333\nInformal resolution of dispute\ns 178 sub A2016-30 s 47\nam A2019-10 s 35\nJurisdiction\ns 179 om A2013-7 amdt 1.49\nACAT orders\ns 181 am A2013-19 amdt 3.334; A2016-30 s 48\nNotice of intention to seek ending of contract\ns 184 am A2013-7 amdt 1.50; A2025-29 amdt 4.153\nEnding of residence contract if premises uninhabitable etc\ns 185 am A2013-7 amdt 1.51, amdt 1.52\nEnding of residence contract if premises uninhabitable etc—application to\nACAT\ns 186 am A2013-19 amdt 3.335\nEnding of residence contract by ACAT on application of either operator or\nresident\ndiv 9.2 hdg sub A2013-19 amdt 3.336\nEnding of residence contract on medical grounds\ns 187 hdg sub A2013-19 amdt 3.337\ns 187 am A2013-7 amdt 1.53; ss renum R1 LA; A2013-19\namdt 3.338\nEnding of residence contract on grounds of breach of village contract or\nrules\ns 188 am A2013-19 amdt 3.339\nEnding of residence contract by ACAT on application of operator\ndiv 9.3 hdg sub A2013-19 amdt 3.340\nEnding of residence contract on grounds of resident causing serious\ndamage or injury\ns 189 hdg sub A2013-19 amdt 3.341\ns 189 am A2013-19 amdts 3.342-3.344\nEnding of residence contract on grounds of upgrade or change of use\ns 190 hdg sub A2013-19 amdt 3.345\ns 190 am A2013-19 amdt 3.346, amdt 3.347\n\nEnding of residence contract by Supreme Court on application of\ndiv 9.4 hdg sub A2013-19 amdt 3.348\nEnding of residence contract on grounds of retirement village ceasing to\noperate\ns 191 hdg sub A2013-19 amdt 3.349\ns 191 am A2013-19 amdt 3.388\nSuspension or refusal of orders for ending of residence contract\ndiv 9.5 hdg sub A2013-19 amdt 3.350\nACAT may suspend or refuse to make order ending residence contract\ns 192 hdg sub A2013-19 amdt 3.351\nEnforcement of orders for possession\ns 195 am A2013-19 amdt 3.388\nUncollected Goods Act does not apply\ns 201 am A2013-19 amdt 3.352\nDelivery of uncollected goods\ns 202 am A2013-19 amdt 3.353, amdt 3.354\nDisposal of uncollected goods\ns 203 am A2013-19 amdt 3.355\nTitle to sold goods\ns 204 sub A2013-19 amdt 3.356\nMeaning of permanently vacated residential premises—pt 10\ns 207 hdg sub A2013-7 amdt 1.54\ns 207 am A2013-7 amdt 1.55; ss renum R1 LA\nRecurrent charges for optional services\ns 209 am A2013-19 amdt 3.357\nRecurrent charges for general services—registered interest holders\ns 210 am A2016-30 s 49; A2025-22 amdt 1.21\nRecurrent charges for general services—generally\ns 211 am A2013-19 amdt 3.358\nMeaning of departure fee\ns 214 am A2013-19 amdt 3.359, amdt 3.360; A2025-29 amdt 3.268\nMeaning of resident—div 10.5\ns 221A ins A2013-19 amdt 3.361\nOperator not to interfere in sale\ns 224 am A2013-19 amdt 3.362, amdt 3.363\nCosts of sale\ns 225 am A2013-19 amdt 3.364, amdt 3.365\n\nBuyer and operator to enter contract\ns 226 am A2013-19 amdt 3.366, amdt 3.367\nACAT decision in relation to proposed buyer\ns 228 am A2013-19 amdt 3.388\nEffect of granting of residential tenancy agreement under this division\ns 231 am A2013-19 amdt 3.388\nOperator not to interfere in letting\ns 232 am A2013-19 amdt 3.368, amdt 3.369\nPayments to former occupants who were registered interest holders\ns 235 am A2013-7 amdt 1.56\nStatements to former occupants who were registered interest holders\ns 236 am A2013-19 amdt 3.388\nPayments to former occupants who were not registered interest holders\ns 238 am A2013-7 amdt 1.57; ss renum R1 LA; A2013-19\namdt 3.370, amdt 3.371; A2016-30 s 50; ss renum R7 LA\nStatements to former occupants who were not registered interest holders\ns 238A ins A2013-7 amdt 1.58\nPayments to executors and administrators\ns 240 sub A2016-30 s 51\nApplication—pt 11\ns 241 am A2013-19 amdt 3.372, amdt 3.373\nApplication for enforcement of charge\ns 245 am A2013-19 amdt 3.374\nPriority of interests\ns 247 am A2016-30 s 52; pars renum R7 LA\nDirector-general may conduct proceedings\ns 253 am A2013-19 amdt 3.375\nInconsistency between this Act and Civil Law (Sale of Residential Property)\nAct\ns 259 am A2025-29 amdt 3.269\nCosts of operator’s legal advice or proceeding\ns 260 am A2013-7 amdt 1.59; ss renum R1 LA; A2013-19\namdt 3.376\nContracting out of Act\ns 261 am A2013-7 amdt 1.60\nMeetings of operators—methods of communication\ns 261A ins A2020-14 amdt 1.130\nam A2021-24 s 25\n\nDetermination of fees\ns 262 am A2025-29 amdt 4.153\nApproved forms\ns 263 am A2013-7 amdt 1.61; A2025-29 amdt 4.153\nRegulation-making power\ns 264 am A2025-29 amdt 4.153\nExpiry—COVID-19 Emergency Response Act 2020 amendments\ns 265 om A2017-4 amdt 3.177\nins A2020-14 amdt 1.131\nsub A2021-1 amdt 1.25\nam A2021-24 s 26; pars renum R19 LA\nexp 29 September 2023 (s 265 (2))\nTransitional\npt 20 hdg exp 4 March 2018 (s 505)\nDefinitions—pt 20\ns 500 exp 4 March 2018 (s 505)\ndef existing contract sub A2013-7 amdt 1.62\ndef existing residence contract ins A2013-7 amdt 1.62\ndef existing service contract ins A2013-7 amdt 1.62\nExisting residence contracts to be residence contracts\ns 501 hdg sub A2013-7 amdt 1.63\ns 501 am A2013-7 amdt 1.64\nExisting service contracts to be service contracts\ns 501A ins A2013-7 amdt 1.65\nExisting contracts—contracting out prohibited\ns 502 am A2013-7 amdt 1.66\nExisting contracts—no acquisition of property\ns 503 exp 4 March 2018 (s 505)\nMeaning of permanently vacated residential premises— s 14 (1)\ns 503A ins as mod SL2013–5 mod 5.1\nFormer retirement villages that stopped being retirement villages before the\ncommencement day—s 15A (3)\ns 503B ins as mod SL2013–5 mod 5.1\n\nGeneral inquiry document—s 23\ns 503C ins as mod SL2013–5 mod 5.1\nDisclosure statement—s 24\ns 503D ins as mod SL2013–5 mod 5.1\nCopies of certain documents to be made available—s 29 (1) (c)\ns 503E ins as mod SL2013–5 mod 5.1\nResident to enter village contract—s 41 (1)\ns 503F ins as mod SL2013–5 mod 5.1\nRetirement village land to be registered—s 42 (3)\ns 503G ins as mod SL2013–5 mod 5.1\nInconsistency between village contract and disclosure statement—s 45\ns 503H ins as mod SL2013–5 mod 5.1\nVillage contracts must be in writing—s 46\ns 503I ins as mod SL2013–5 mod 5.1\nAmendment or replacement of village contract—s 49\ns 503J ins as mod SL2013–5 mod 5.1\nRescission of village contract on grounds relating to disclosure statement—\ns 54\ns 503K ins as mod SL2013–5 mod 5.1\nCondition report for certain residential premises—s 59 (4)\ns 503L ins as mod SL2013–5 mod 5.1\nRenovations and alteration of fixtures or fittings—s 63 (5) (a)\ns 503M ins as mod SL2013–5 mod 5.1\nSettling-in period for residents—div 5.2 and s 71\ns 503N ins as mod SL2013–5 mod 5.1\nVillage rules—div 6.1\ns 503O ins as mod SL2013–5 mod 5.1\n\nOperator not to demand power of attorney—s 98\ns 503P ins as mod SL2013–5 mod 5.1\nMembership of Residents Committee—s 104\ns 503Q ins as mod SL2013–5 mod 5.1\nOperator must hold annual management meeting—s 107\ns 503R ins as mod SL2013–5 mod 5.1\nProxies—s 116\ns 503S ins as mod SL2013–5 mod 5.1\nRelative may ask to enter into residence contract—s 120 (1) (c)\ns 503T ins as mod SL2013–5 mod 5.1\nResident may carry out urgent work—s 139\ns 503U ins as mod SL2013–5 mod 5.1\nSale of capital items to residents—s 146\ns 503V ins as mod SL2013–5 mod 5.1\nAmendment of recurrent charges—s 148 (2)\ns 503W ins as mod SL2013–5 mod 5.1 (as am by SL2013-21 s 8)\nResidents’ consent to spending—s 162 (9)\ns 503X ins as mod SL2013–5 mod 5.1\nACAT orders—decisions about spending—s 163\ns 503XA ins as mod SL2013–5 mod 5.1 (as am by SL2013-21 s 9)\nAuditing of accounts—s 168 (3) and (6)\ns 503Y ins as mod SL2013–5 mod 5.1\nExisting disputes—pt 8\ns 503Z ins as mod SL2013–5 mod 5.1\nInformal resolution of disputes—s 178\ns 503ZA ins as mod SL2013–5 mod 5.1\n\nEnding residence contracts—pt 9\ns 503ZB ins as mod SL2013–5 mod 5.1\nExisting uncollected goods—div 9.8\ns 503ZC ins as mod SL2013–5 mod 5.1 (see endnote 6)\nMeaning of permanently vacated residence—s 20\ns 503ZD ins as mod SL2013–5 mod 5.1\nRecurrent charges for general services—registered interest holders—\ns 210 (3) (a)\ns 503ZE ins as mod SL2013–5 mod 5.1\nRecurrent charges for general services—generally—s 211 (2) (e)\ns 503ZF ins as mod SL2013–5 mod 5.1\nMeaning of departure fee—s 214 (1)\ns 503ZG ins as mod SL2013–5 mod 5.1\nMeaning of departure fee—214 (1) (a)\ns 503ZH ins as mod SL2013–5 mod 5.1\nDeparture fees payable—s 217\ns 503ZI ins as mod SL2013–5 mod 5.1\nDeparture fees payable—registered interest holders\ns 503ZJ ins as mod SL2013–5 mod 5.1\nDeparture fees payable—not registered interest holders\ns 503ZK ins as mod SL2013–5 mod 5.1\nReduction or waiver of departure fee\ns 503ZL ins as mod SL2013–5 mod 5.1\nCondition of premises on ending of residence contract—s 219 (2)\ns 503ZM ins as mod SL2013–5 mod 5.1\nNo refurbishment required—s 220\ns 503ZN ins as mod SL2013–5 mod 5.1\n\nRefurbishment under existing contract\ns 503ZO ins as mod SL2013–5 mod 5.1\nSale of premises—s 223 (4)\ns 503ZP ins as mod SL2013–5 mod 5.1\nStatements to former occupants who were registered interest holders—\ns 236 (2)\ns 503ZQ ins as mod SL2013–5 mod 5.1\nStatements to former occupants who were not registered interest holders—\ns 238A (2)\ns 503ZR ins as mod SL2013–5 mod 5.1\nApplication of pt 11—s 241 (1)\ns 503ZS ins as mod SL2013–5 mod 5.1\nCreation of charge—s 242 (1\ns 503ZT ins as mod SL2013–5 mod 5.1\nCosts of operator’s legal advice or proceeding—s 260\ns 503ZU ins as mod SL2013–5 mod 5.1\nTransitional regulations\ns 504 am A2013-7 amdt 1.67\nExpiry—pt 20\ns 505 exp 4 March 2018 (s 505)\nTransitional—Retirement Villages Amendment Act 2016\npt 21 hdg om LA s 89 (3)\nins A2016-30 s 53\nLegislation repealed\ns 506 om LA s 89 (3)\nMeaning of commencement day—pt 21\ns 520 ins A2016-30 s 53\nHolding deposits paid before the commencement day\ns 521 ins A2016-30 s 53\n\nExisting villages rules to be consistent\ns 522 ins A2016-30 s 53\nPriority of interests created before commencement day\ns 523 ins A2016-30 s 53\nExpiry—pt 21\ns 524 ins A2016-30 s 53\nMethod of voting\nsch 1 s 1.3 am A2022-8 s 220\nResult of vote\nsch 1 s 1.4 am A2022-8 s 221; A2025-2 s 50\nWritten ballot required for special resolution\nsch 1 s 1.5 sub A2022-8 s 222\nHow special resolution is carried\nsch 1 s 1.6 am A2022-8 s 223\ndict am A2013-19 amdt 3.377, A2013-39 amdt 2.55 (A2013-39\nnever effective (see Commonwealth v Australian Capital\nTerritory [2013] HCA 55)); A2014-18 amdt 3.74; A2016-13\namdt 1.135\ndef approved annual budget sub A2013-19 amdt 3.378\ndef body corporate om A2013-7 amdt 1.68\ndef capital maintenance sub A2013-7 amdt 1.69\ndef capital replacement sub A2013-7 amdt 1.69\ndef common property om A2013-7 amdt 1.70\ndef COVID-19 emergency ins A2020-14 amdt 1.132\nexp 29 September 2023 (s 265 (2))\ndef CPI om A2016-30 s 54\ndef development approval sub A2023-36 amdt 1.333\ndef disputes committee ins A2016-30 s 55\ndef financial year am A2013-19 amdt 3.379\ndef item of capital om A2013-7 amdt 1.71\ndef permanently vacate om A2013-7 amdt 1.72\ndef permanently vacated ins A2013-7 amdt 1.73\ndef proposed annual budget am A2013-19 amdt 3.380\ndef quarterly accounts ins A2013-19 amdt 3.381\ndef registered provider ins A2025-22 amdt 1.22\ndef resident am A2013-19 amdt 3.382; A2016-30 s 56\ndef residential aged care facility om A2025-22 amdt 1.23\ndef residential care home ins A2025-22 amdt 1.24\ndef services and facilities am A2013-19 amdt 3.383\n\ndef surplus om A2013-19 amdt 3.384\ndef tenant am A2013-19 amdt 3.385, amdt 3.386\ndef unit am A2013-19 amdt 3.387\ndef units plan am A2013-7 amdt 1.74\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n4 Mar 2013\n4 Mar 2013–\nA2013-7 new Act,\namendments by\nA2013-7 and\nmodification by\nSL2013–5\n14 June 2013–\n15 Aug 2013\nA2013-19 amendments by\nA2013-19\n16 Aug 2013\n16 Aug 2013–\n6 Nov 2013\nSL2013-21 modifications by\nSL2013-5\nSL2013-21\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR4 (RI)\n24 Feb 2014\n7 Nov 2013–\nA2013-39 (never\neffective)\nreissue because of\nHigh Court\ndecision in relation\nto A2013-39\n10 June 2014–\n31 Mar 2016\nA2014-18 amendments by\nA2014-18\n1 Apr 2016\n1 Apr 2016–\n15 Dec 2016\nA2016-13 amendments by\nA2016-13\n16 Dec 2016\n16 Dec 2016–\n8 Mar 2017\nA2016-30 amendments by\nA2016-30\n9 Mar 2017\n9 Mar 2017–\n17 Sept 2017\nA2017-4 amendments by\nA2017-4\n\n5 Earlier republications\nfor\n18 Sept 2017\n18 Sept 2017-\n16 Dec 2017\nA2017-4 amendments by\nA2017-1\n17 Dec 2017\n17 Dec 2017–\n4 Mar 2018\nA2017-4 expiry of\ntransitional\nprovisions (pt 21)\n5 Mar 2018\n5 Mar 2018–\n21 Nov 2018\nA2017-4 expiry of\nmodifications and\ntransitional\nprovisions (pt 20)\n22 Nov 2018\n22 Nov 2018–\n30 Jun 2019\nA2018-42 amendments by\nA2018-42\nR13 (RI)\n1 July 2019–\nA2019-10 amendments by\nA2019-10\nR14 (RI)\n14 May 2020–\nA2020-14 amendments by\nA2020-14\nR15 (RI)\n1 June 2020–\n3 Sept 2020\nA2020-16 amendments by\nA2020-16\nR16 (RI)\n4 Sept 2020–\n19 Feb 2021\nA2020-47 amendments by\nA2020-47\nR17 (RI)\n20 Feb 2021–\n8 Apr 2021\nA2021-1 amendments by\nA2021-1\n\nEarlier republications 5\nfor\nR18 (RI)\n9 Apr 2021–\n13 Oct 2021\nA2021-1 expiry of provisions\n(s 107 (3A),\ns 159 (2A), (2B))\nR19 (RI)\n14 Oct 2021–\nA2021-24 amendments by\nA2021-24\nR20 (RI)\n12 May 2022–\n29 Sept 2023\nA2022-8 amendments by\nA2022-8\nR21 (RI)\n30 Sept 2023–\n26 Nov 2023\nA2022-8 expiry of provisions\n(s 117 (1A), (1B),\ns 265, dict def\nCOVID-19\nemergency)\nR22 (RI)\n27 Nov 2023–\n26 Feb 2025\nA2023-36 amendments by\nA2023-36\nR23 (RI)\n27 Feb 2025–\n31 Oct 2025\nA2025-2 amendments by\nA2025-2\nR24 (RI)\n1 Nov 2025–\n25 Nov 2025\nA2025-22 amendments by\nA2025-22\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":284}],"analysis":{"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown materially beyond a simple disclosure/contract regulation model. Since the original framework it now includes substantial financial management rules (capital works funds, mandatory annual audits and detailed budgeting and spending controls—div 7, ss 135–174), a statutory land charge protecting certain resident refunds (part 11, ss 241–249), a mandatory village disputes committee (div 8.1A, ss 175A–175C), expanded enforcement and intervention powers for the director‑general (pt 12, ss 251–256), and tighter advertising/representation controls including aged care claims (ss 16–22A). These additions move the Act from basic consumer‑protection and disclosure duties into deeper regulation of operators’ finances, governance and market conduct, increasing administrative and compliance scope relative to the Act’s original contract‑and‑disclosure purpose (see s 6 and the cited provisions)."},"complexity_factors":["Very large Act (around 260+ sections plus schedule and detailed dictionary)","Extensive definitions across the Act and dictionary (50+ defined terms and signpost definitions)","Multiple cross‑references to other laws (Planning Act 2023, Land Titles Act, Residential Tenancies Act 1997, Corporations Act, Aged Care Act 2024, Unit Titles/Community Title Acts)","Many conditional rules and time‑sensitive obligations (numerous 7–14–30–60 day notice periods)","Numerous strict liability offences and monetary penalties across many provisions","Layered dispute resolution (required village disputes committee plus ACAT plus possible Supreme Court involvement)","Complex financial regime (ingoing contributions, trust requirements, capital works fund, recurrent charges, audit and budgeting mechanics)","Nested exceptions and exceptions to exceptions (eg advertising exceptions, entries to premises, funding exclusions in s 141)","Significant delegated law and administrative discretion (regulations, director‑general approvals, guidelines, approved forms)","Transitional and amendment history adds interpretive complexity (many amendments and expiry of transitional provisions)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Sets a detailed statutory regime for retirement villages in the ACT: who is an operator and who is a resident (including different kinds of residence rights), what must appear in contracts, what information must be given to prospective residents, how money paid by residents is to be handled, how villages must be managed and financed, how disputes are resolved, and how residence contracts end (see s 6 (objects); definitions at ss 7–15A).\n\n- Requires disclosure and pre-contract safeguards: operators must give a general inquiry document and a disclosure statement to prospective residents within 14 days of interest; a cooling-off period applies; village contracts must be written and attached to the disclosure statement (ss 23–26, 41, 47–60).\n\n- Regulates advertising and representations: advertising a village before planning/development approvals or advertising facilities (including aged‑care representations) without required authorisations is an offence; promotional claims about capital gain or future recurrent charges are limited (ss 16–22A).\n\n- Controls money flows into and out of villages: waiting‑list fees and holding deposits are tightly restricted and generally must be held in trust; ingoing contributions and refunds have specified timing rules; operators must establish a capital works fund for longer‑term capital maintenance (pts 4, 10, ss 32–40, 39, 74–76, 143–145).\n\n- Prescribes how recurrent charges and budgets are set and changed: operators must supply proposed annual budgets; residents must be given the opportunity to approve spending; recurrent charges can be amended only by specified processes (fixed formula or resident/ACAT approval) with notice requirements (div 7.3–7.4, ss 147–167).\n\n- Specifies operational duties and resident rights: operators must maintain safe, secure premises, consult residents on rule and service changes, not force residents to use nominated advisers or businesses, and not demand powers of attorney (ss 89–101, 94–99, 98).\n\n- Gives residents participation rights and meeting / voting rules: residents committees, voting procedures (including special resolutions and proxies), annual management meetings and minutes, and limits on how operator(s) may attend or influence resident meetings (div 6.3, sch 1).\n\n- Provides a two‑tier dispute resolution system: internal disputes committees (required for each village) are the first option for resolution; either party may apply to the ACT Civil & Administrative Tribunal (ACAT) for binding orders; ACAT has extensive remedial powers (div 8.1A, div 8.2, ss 175A–175D, 176–181).\n\n- Regulates ending residence contracts and repossession: detailed grounds and procedures for ending contracts (medical, breach, upgrade/change of use, abandonment), strict prohibitions on self-help eviction, and ACAT/Supreme Court roles for orders and enforcement (pts 9–10, ss 182–196).\n\n- Protects certain resident payments: statutory charge over village land to protect refunds payable to former residents who are not registered interest holders (part 11, ss 241–249).\n\n- Gives administrative powers to a director‑general: to investigate complaints, issue warning notices about operators, intervene or conduct proceedings on behalf of residents, and to assist or appoint administrators where resident welfare or finances are at risk (pt 12, ss 251–256).\n\n**Who it affects**\n\n- Residents and prospective residents of ACT retirement villages (including several defined categories of residence rights) (see ss 8, 12, dict: resident, residence right).\n- Operators and prospective operators of retirement villages (see s 7: meaning of operator).\n- Owners, selling agents and buyers of residential premises inside retirement villages (div 10.5).\n- Creditors, mortgagees and administrators where operator insolvency occurs (pt 11, ss 245–246).\n- ACAT, Director‑General and Supreme Court in exercise of powers set out in the Act (pts 8, 12, 9.4).\n\n**Why it matters (stated purpose and how it operates in practice)**\n\n- The Act’s stated objects (s 6) are to set out rights and obligations of residents and operators, facilitate disclosure to prospective residents, require clear written contracts, enable resident participation in management, provide dispute resolution, and encourage best practice.\n\n- How that is enforced mechanically:\n  - Direct regulatory prescripts: many mandatory duties, written notice periods, time limits for refunds and payments, and specific offences with penalty units (see, e.g., ss 24, 29–31, 235–239).  \n  - Resident control points: residents vote on proposed annual budgets and major changes to services or rules (div 7.4, div 6.1).  \n  - Independent review: ACAT can substitute or approve budgetary and contractual outcomes and provide a wide range of orders (s 181).  \n  - Financial safeguards: trusts for deposits, capital works funds, and a statutory charge over village land for certain refunds (ss 38–40, 143–145, pts 11).\n\n**Costs, incentives and trade‑offs (practical testing of the Act’s claims)**\n\n- Compliance and administration costs fall mainly on operators. The Act requires record keeping, disclosure documents, audited accounts, trust arrangements, insurance and capital funds (ss 23–31, 168–169, 143–145). Those costs are likely to increase operators’ fixed costs and therefore may feed through to higher ingoing contributions or recurrent charges (see ss 11, 147, 149–156). The statute allows residents a say in budgets (ss 159–166), which may limit some operator pass‑throughs but raises the risk of budgeting disputes.\n\n- Enforcement shifts decision‑making from private contract to public process. Many rights previously left to commercial negotiation (departure fees, timing of refunds, sale arrangements) are now tightly constrained and subject to ACAT supervision (e.g. pts 10, 11). That reduces unilateral contract freedom for operators but increases predictability for residents.\n\n- Concentration of benefits and diffusion of costs. The chief, concentrated beneficiaries are residents who gain statutory protections (timing of refunds, trust holding of deposits, limits on advertising and certain representations). Costs are diffuse across operators (compliance) and potentially across residents through recurrent charges where budgets permit. Where the Act requires operators to meet deficits (s 174), that places risk on operators rather than residents.\n\n- Rent‑seeking and capture risk are limited by open ACAT review and procedural protections. However, regulatory discretion (regulation‑making powers, director‑general guidelines and notifiable instruments—see ss 28, 136A, 264) creates administrative choices that operators must monitor.\n\n- Implementation risk and administrative burden. The Act creates many conditional rules and schedule requirements (e.g. timeframes for disclosure, trust handling, capital works fund accounting, and ACAT applications). Smaller operators may face proportionally higher compliance burdens.\n\n- Effects on market signals and competition. Strong consumer protections and disclosure requirements can improve market confidence and potentially increase demand for well‑run villages. Conversely, higher compliance and capital costs could deter new entrants or favour larger operators able to spread fixed compliance costs.\n\n**Who pays and who decides (short summary)**\n\n- Who pays: operators pay auditing, insurance, capital maintenance, and sometimes legal/advisory costs unless those are in approved budgets; residents pay ingoing contributions, recurrent charges and, in limited circumstances, departure fees—subject to statutory timing and sharing rules (pts 7, 10). The Act restricts operators from charging residents for documents that must be provided (s 258).\n\n- Who decides: operators propose budgets and run villages; residents vote on budgets, rules and some service changes; ACAT decides disputes, approves budgets where residents refuse consent, and can make remedial orders; the director‑general can investigate and intervene; the Supreme Court has a role for winding up/administrator applications and enforcing statutory charges (pts 7, 8, 9, 11, 12).\n\n**Implementation, compliance and practical friction points to watch**\n\n- Timing rules (14‑day and 30–60‑day notice periods) create many potential non‑compliance traps for operators (ss 23–26, 150).  \n- The split of ACAT and disputes committee roles may generate parallel processes if parties use both routes.  \n- The statutory charge on land (pt 11) protects certain resident refunds but complicates land sales and interacts with existing mortgages—practical handling will require title‑registration work and clear mortgagee communication (ss 242–247).  \n- Disclosure restrictions on promotional material (s 22, 22A) create compliance risk for sales/marketing teams and may reduce the scope for speculative advertising before approvals.\n\n**Bottom line in one sentence**\n\nThis Act builds a tightly prescriptive framework that shifts many retirement‑village contract, financial and operational decisions from private negotiation into statutory rules and public dispute resolution, increasing resident protections and predictability while imposing significant compliance and budgeting constraints on operators (see s 6 for objects and the relevant parts cited above)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":774},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2012 form. The amendment history shows 25 republications with substantial additions including: a new disputes committee framework (2016), COVID-19 emergency provisions (2020-2021, now expired), electronic meeting provisions, updated aged care references to align with federal Aged Care Act 2024, and numerous refinements to financial management and resident rights provisions. The scope has broadened from basic contract and disclosure requirements to encompass detailed governance structures, emergency systems, and sophisticated financial protections."},"complexity_factors":["264 sections across 13 parts plus a schedule and dictionary","Extensive cross-referencing to other ACT laws (Planning Act 2023, Unit Titles Act, Community Title Act, Residential Tenancies Act, etc.)","Multiple defined terms with context-specific meanings (e.g., 'resident' has 7 different definitions depending on which part of the Act applies)","Nested conditional logic throughout — many rights and obligations depend on whether someone is a 'registered interest holder', 'registered long-term sublessee', or other category","Complex financial mechanisms including capital gains sharing, departure fees, recurrent charges, and capital works funds with different rules for each","Multiple dispute resolution pathways (disputes committee, ACAT, Supreme Court) with different jurisdictions","Detailed procedural requirements for meetings, voting, budgets, and notices with strict time limits","Extensive transitional provisions and amendment history showing significant evolution since 2012"],"plain_english_summary":"The Retirement Villages Act 2012 (ACT) regulates how retirement villages operate to protect older Australians (generally 55+), residents, prospective and former residents, and operators. It requires written contracts with clear disclosures, safeguards residents’ upfront payments, mandates financial transparency and limits on fees, and ensures residents have decision-making rights and protections around privacy and safety.\n\nIt also provides mandatory local dispute resolution and ACAT oversight so problems can be resolved without costly court proceedings."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/retirement-villages-act-2012","history":"/api/acts/retirement-villages-act-2012/history","analysis":"/api/acts/retirement-villages-act-2012/analysis","conflicts":"/api/acts/retirement-villages-act-2012/conflicts","importantCases":"/api/acts/retirement-villages-act-2012/important-cases","documents":"/api/acts/retirement-villages-act-2012/documents"}}