{"id":"sl-2013-5","name":"Retirement Villages Regulation 2013","slug":"retirement-villages-regulation-2013","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"5 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173616,"registerId":"act-sl-2013-5-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 2","sectionType":"part","heading":"Important concepts","content":"Part 2 Important concepts\n","sortOrder":0},{"sectionNumber":"6","sectionType":"section","heading":"Places not retirement village—Act, s 10 (1), def retirement","content":"6 Places not retirement village—Act, s 10 (1), def retirement\nvillage, par (b) (viii)\nThe following are prescribed:\n(a) a place where a service is provided by a provider of services\nwithin the meaning of the Disability Services Act 1991;\n(b) housing provided by a community housing provider within the\nmeaning of the Housing Assistance Act 2007.\n\nRepresentations and information about retirement villages Part 3\nSection 6A\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Representations and information\nabout retirement villages\n","sortOrder":1},{"sectionNumber":"6A","sectionType":"section","heading":"General inquiry document—Act, s 23 (2)","content":"6A General inquiry document—Act, s 23 (2)\nThe general inquiry document must include a brief explanation of the\nfollowing about the retirement village to which it relates:\n(a) the residential premises, services and facilities of the retirement\nvillage;\n(b) the main differences between a retirement village and a\nresidential care home and how the services of the retirement\nvillage differ from those of a residential care home;\n(c) if the village contract provides for departure fees—the departure\nfees;\n(d) if the operator has a policy about access by residents to home\ncare services—the policy.\nNote Departure fees include deferred fees under the Fair Trading (Retirement\nVillages Industry) Code of Practice 1999 (NI1999-277).\n","sortOrder":2},{"sectionNumber":"7","sectionType":"section","heading":"Disclosure statement—Act, s 24 (3)","content":"7 Disclosure statement—Act, s 24 (3)\n(1) The disclosure statement must include the following information\nabout the retirement village to which it relates:\n(a) details of particular residential premises in the retirement\nvillage, including fees and charges payable in relation to the\npremises;\n(b) the proximity of the village to services, for example, hospitals,\nshopping centres and public transport;\n(c) information about whether the operator is a registered provider\nof a residential care home;\n(d) a statement of how the services of the retirement village differ\nfrom those of a residential care home;\n\nPart 3 Representations and information about retirement villages\nSection 7\npage 6 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) details about the ownership of the village, including whether a\nresident can own residential premises in the village;\n(f) if a village contract for the retirement village includes provisions\nfor sharing a capital gain between the operator and a resident—\ndetails of the provisions;\n(g) information about the management of the village;\n(h) whether the village has a residents committee and, if so,\ninformation about the committee;\n(i) the financial management of the village, including details about\nthe village’s income and expenditure;\n(j) information about the village’s safety, including information\nabout its security and emergency systems;\n(k) the extent to which the operator has complied with legislation\napplying to the village, including the Act and the Planning Act\n2023;\n(l) village contracts the prospective resident will need to enter into\nto become a resident;\n(m) the village rules;\n(n) the facilities available to residents;\n(o) services provided by the operator;\n(p) costs associated with entering into a residence contract with the\noperator;\n(q) a statement that a former occupant of residential premises in the\nvillage is not liable to refurbish (or pay the cost of refurbishment\nof) the premises;\n(r) if the operator has a policy about access by residents to home\ncare services—details of the policy;\n\nRepresentations and information about retirement villages Part 3\nSection 8\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(s) information about any waiting list for the village and any\nwaiting list fee payable;\n(t) a statement to the effect that, to the best of the operator’s\nknowledge, the information in the disclosure statement is true.\n(2) The disclosure statement must be signed and dated by the operator.\n(3) In this section:\nrefurbishment—see the Act, section 218.\n","sortOrder":3},{"sectionNumber":"8","sectionType":"section","heading":"Copies of certain documents to be available—","content":"8 Copies of certain documents to be available—\nAct, s 29 (1) (k)\nThe following documents are prescribed:\n(a) if the operator of the retirement village and a residents\ncommittee were parties to a proceeding before a court or a\ntribunal in the previous 5 years—each decision or order made in\nrelation to the proceeding and the reasons (if any) given by the\ncourt or tribunal in relation to the decision or order;\n(b) if the operator of the retirement village operates a waiting list\nfor the village and charges a waiting list fee—the operator’s\nwritten policy setting out the way the waiting list operates;\n(c) if the retirement village is subject to a company title scheme—\nwhichever of the following governs the company:\n(i) its constitution;\n(ii) the replaceable rules set out in the Corporations Act;\n(d) if the retirement village is subject to a community title scheme—\n(i) the scheme’s management statement; and\n(ii) the management agreement (if any) relating to the village\nto which the relevant community association,\nneighbourhood association or precinct association is a\nparty; and\n\n","sortOrder":4},{"sectionNumber":"Part 3","sectionType":"part","heading":"Representations and information about retirement villages","content":"Part 3 Representations and information about retirement villages\nSection 8\npage 8 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the minutes of the most recent annual general meeting of\nthe relevant community association, neighbourhood\nassociation or precinct association;\n(e) if the retirement village is subject to a units plan—\n(i) the owners corporation rules for the plan; and\n(ii) the management agreement (if any) relating to the village\nto which the owners corporation is a party; and\n(iii) the minutes of the most recent annual general meeting of\nthe owners corporation;\n(f) every other document mentioned in the disclosure statement for\nthe village under the heading ‘Village Contracts’.\n\nVillage contracts Part 4\nGeneral Division 4.1\nSection 9\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Village contracts\nDivision 4.1 General\n","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Prescribed rate of interest—Act, s 41 (5) (b)","content":"9 Prescribed rate of interest—Act, s 41 (5) (b)\nThe prescribed rate of interest is the rate prescribed under the Court\nProcedures Rules 2006, schedule 2, part 2.2 (Interest after judgment)\nin relation to the payment of interest on a judgment debt.\n","sortOrder":6},{"sectionNumber":"10","sectionType":"section","heading":"Amount payable for legal and other expenses—","content":"10 Amount payable for legal and other expenses—\nAct, s 52 (3)\nThe maximum amount payable is $200.\n11 Condition report—Act, s 59\n(1) This section applies to residential premises in a retirement village\nmentioned in the Act, section 59 (1) (Condition report for certain\nresidential premises).\n(2) The operator of the retirement village commits an offence if the\noperator does not inspect the premises and complete the condition\nreport for the premises in accordance with this section.\nMaximum penalty: 10 penalty units.\n(3) The condition report for the premises must—\n(a) be completed in the presence of the prospective resident or a\nperson nominated by the prospective resident, unless otherwise\nauthorised in writing by the prospective resident; and\n(b) be completed to the best of the operator’s knowledge; and\n(c) if a date needed for the report is not known—include an\napproximate date and a statement to the effect that the date is\napproximate; and\n\nPart 4 Village contracts\nDivision 4.1 General\nSection 12\npage 10 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) be signed by—\n(i) the operator; and\n(ii) if the prospective resident agrees with the report—the\nprospective resident.\n(4) The operator must allow the prospective resident at least 14 days to\nexamine the report and suggest changes to it.\n12 Renovations and alteration of fixtures and fittings—Act,\ns 63 (5) (b)\nFixtures and fittings in residential premises owned by a resident under\na community title scheme, company title scheme or units plan are\nprescribed.\n","sortOrder":7},{"sectionNumber":"13","sectionType":"section","heading":"Contents of village contracts—Act, s 66 (1)","content":"13 Contents of village contracts—Act, s 66 (1)\n(1) A matter mentioned in schedule 1 (Contents of village contracts) must\nbe included in a village contract.\n(2) A matter mentioned in schedule 2 (Matter to be excluded from village\ncontracts) must be excluded from a village contract.\n(3) This section does not prevent the inclusion of additional matter in a\nvillage contract (other than matter inconsistent with the matter\nmentioned in schedule 1).\n(4) This section does not apply to a residence contract relating to\npremises that are subject to a community title scheme, company title\nscheme or units plan.\n(5) However, this section applies to a residence contract mentioned in\nsubsection (4) if the operator of the village (or a close associate of the\noperator) is the seller under the residence contract.\n\nVillage contracts Part 4\nSettling-in period for residents Division 4.2\nSection 14\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":8},{"sectionNumber":"14","sectionType":"section","heading":"Prescribed rate of interest—Act, s 69 (b)","content":"14 Prescribed rate of interest—Act, s 69 (b)\nThe prescribed rate of interest is the rate prescribed for the Act,\nsection 41 (5) (b).\nNote The rate for the Act, s 41 (5) (b) is prescribed by s 9.\n","sortOrder":9},{"sectionNumber":"Div 4","sectionType":"division","heading":"2 Settling-in period for residents","content":"Division 4.2 Settling-in period for residents\n","sortOrder":10},{"sectionNumber":"15","sectionType":"section","heading":"Liability of former occupant if village contract ended","content":"15 Liability of former occupant if village contract ended\nduring settling-in period—Act, s 73 (1) (d)\nThe reasonable costs incurred in adding, removing or altering any\nfixtures or fittings, or making any renovations, to residential premises\nat the resident’s request are prescribed.\n16 Maximum administration fee—Act, s 73 (4)\nThe maximum administration fee prescribed is $200.\n\nPart 5 General management of retirement villages\nDivision 5.1 Village rules\nSection 17\npage 12 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 General management of\nretirement villages\nDivision 5.1 Village rules\n17 Village rules—Act, s 78 (2) (i)\nThe following matters are prescribed:\n(a) security in the retirement village;\n(b) the external appearance of residents’ premises in the retirement\nvillage.\nDivision 5.2 Certain obligations of operators\n","sortOrder":11},{"sectionNumber":"18","sectionType":"section","heading":"Safety inspection report—Act, s 91 (2) (h)","content":"18 Safety inspection report—Act, s 91 (2) (h)\nThe safety inspection report mentioned in the Act, section 91 (2) (g)\n(Operator to provide safe premises) must remain on the notice board\nfor at least 1 month.\n","sortOrder":12},{"sectionNumber":"18A","sectionType":"section","heading":"Prevention of elder abuse strategy—Act, s 91 (2) (h)","content":"18A Prevention of elder abuse strategy—Act, s 91 (2) (h)\n(1) The operator of a retirement village must prepare, and take all\nreasonable steps to give effect to, a written strategy for identifying\nand preventing elder abuse in the village (a prevention of elder abuse\nstrategy).\n(2) The strategy must include the following:\n(a) examples of common forms of elder abuse, including specific\nexamples in relation to retirement villages;\n(b) information about how to—\n(i) identify elder abuse, including signs of elder abuse; and\n(ii) prevent elder abuse;\n\nGeneral management of retirement villages Part 5\nCertain obligations of operators Division 5.2\nSection 18A\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) information about how to respond to elder abuse or suspected\nelder abuse, including—\n(i) how to report elder abuse or suspected elder abuse to the\noperator and the period within which the operator can be\nexpected to respond to a report; and\n(ii) how to make an older people service complaint to the\nhuman rights commission; and\n(iii) how to report a matter to another suitable entity;\n(d) an explanation of the roles and responsibilities of the operator\nand the operator’s staff in relation to elder abuse in the village;\n(e) information about how to access the services and resources of\nlocal service or support agencies;\nExamples—local service or support agencies\n1 Human Rights Commission\n2 ACT Civil and Administrative Tribunal\n(f) the date the strategy is finalised.\n(3) In this section:\nelder abuse, in a retirement village, means an act or omission by any\nperson that causes or allows the exploitation, mistreatment, harm or\nneglect of a resident of the village.\nolder people service complaint—see the Human Rights Commission\nAct 2005, dictionary.\nNote Under the Human Rights Commission Act 2005, a person may complain\nto the commission about a service for older people (see that Act, s 41),\nincluding a service provided by the operator of a retirement village (see\nthat Act, s 53G).\n\nPart 5 General management of retirement villages\nDivision 5.2 Certain obligations of operators\nSection 18B\npage 14 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":13},{"sectionNumber":"18B","sectionType":"section","heading":"Prevention of elder abuse strategy—publication and","content":"18B Prevention of elder abuse strategy—publication and\navailability\n(1) As soon as practicable after preparing a prevention of elder abuse\nstrategy for a retirement village, the operator of the village must\npublish the strategy in a way that is likely to come to the attention of\nthe following people:\n(a) a resident of the village;\n(b) an individual who accesses the village’s website;\n(c) an individual who tells the operator that the individual or a\nfamily member of the individual is interested in becoming a\nresident of the village.\n(2) For subsection (1), the operator must—\n(a) display a copy of the strategy on a notice board in a communal\narea within the village; and\n(b) publish the strategy in any other way the operator considers\nappropriate.\nExamples—par (b)\n1 give each resident a copy of the strategy\n2 publish the strategy on the village’s website\n3 include the strategy in a brochure about the village\n(3) The operator must also take reasonable steps to ensure that all the\noperator’s staff are familiar with the strategy.\n(4) If a person asks the operator for its prevention of elder abuse strategy,\nthe operator must make the strategy available to the person within\n2 business days after the day the person asks for it.\n","sortOrder":14},{"sectionNumber":"18C","sectionType":"section","heading":"Prevention of elder abuse strategy—review","content":"18C Prevention of elder abuse strategy—review\n(1) The operator of a retirement village must review village’s prevention\nof elder abuse strategy at least once every 2 years from the day the\nstrategy is published under section 18B (2).\n\nGeneral management of retirement villages Part 5\nCertain rights of residents Division 5.3\nSection 19\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If the operator makes any changes to the strategy as a result of a\nreview under subsection (1)—\n(a) the revised strategy is taken to be a new prevention of elder\nabuse strategy; and\n(b) section 18B applies to the operator in relation to the new\nstrategy.\nDivision 5.3 Certain rights of residents\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Access to residential premises in village—Act,","content":"19 Access to residential premises in village—Act,\ns 100 (3) (h)\nThe operator or authorised person may enter residential premises in\nthe village in the following circumstances if the operator or\nauthorised person has given the resident 2 days notice:\n(a) to install a smoke alarm that is required by law to be installed in\nthe premises;\n(b) to replace a battery in a smoke alarm installed in the premises.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Membership of residents committee—Act, s 104 (1)","content":"20 Membership of residents committee—Act, s 104 (1)\n(1) A person may hold the same office on the residents committee for a\nretirement village for more than 3 consecutive years if—\n(a) the retirement village has fewer than 20 residents; or\n(b) the annual budget of the retirement village is less than $50 000;\nor\n(c) the person is the only person standing for election to the office.\n\nPart 5 General management of retirement villages\nDivision 5.3 Certain rights of residents\nSection 21\npage 16 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Subsection (1) does not allow a person to hold the same office on a\nresidents committee for more than 3 consecutive years if the director-\ngeneral—\n(a) has written to the residents committee objecting—\n(i) generally to any person holding the same office on the\ncommittee for more than 3 consecutive years; or\n(ii) to a stated person holding the same office for more than\n3 consecutive years; and\n(b) has not written to the residents committee to withdraw the\nobjection.\n(3) In this section:\nhold the same office, on a residents committee for a retirement\nvillage, includes to hold an office performing the same (or\nsubstantially the same) functions on the committee.\nExamples—office\npresident, treasurer, secretary\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Annual management meeting agenda—Act, s 108 (4)","content":"21 Annual management meeting agenda—Act, s 108 (4)\nThe following matters must be included in the agenda for an annual\nmanagement meeting:\n(a) a report on any expenditure in the previous financial year that\nwas an amendment between items in the approved annual\nbudget (other than a minor amendment);\n(b) the future plans for the village, including any proposed\nimprovements;\n(c) the management of the village, including any change or\nproposed change to the management arrangements;\n(d) safety issues;\n(e) any proposed maintenance plans;\n\nGeneral management of retirement villages Part 5\nCertain rights of residents Division 5.3\nSection 22\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(f) any changes to the proposed annual budget that do not need the\nresidents’ consent;\n(g) any proposals to undertake capital works that have not been\nnotified in the annual budget;\n(h) any proposed changes to the level of service provided to\nresidents of the village;\n(i) time for questions, including questions from the floor of the\nmeeting.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Questions at annual meeting—Act, s 110 (3) (b)","content":"22 Questions at annual meeting—Act, s 110 (3) (b)\n(1) The following excluded matters are prescribed:\n(a) the personal affairs of the operator, an employee of the operator\nor a contractor engaged by the operator;\n(b) any matter that is unrelated to the operation of the village;\n(c) any matter in relation to individual sales or contracts that are not\npublicly available.\n(2) Subsection (1) (a) does not prevent an operator or a representative of\nthe operator from answering a question about the operator’s solvency\nor financial viability.\n(3) If the operator of a retirement village is an organisation that is subject\nto an approved privacy code or the Australian Privacy Principles\nunder the Privacy Act 1988 (Cwlth), a representative of the operator\nis not required to answer a question to the extent that the answer\nwould disclose personal information in breach of the code or the\nprinciples.\n\n","sortOrder":19},{"sectionNumber":"Part 5","sectionType":"part","heading":"General management of retirement villages","content":"Part 5 General management of retirement villages\n","sortOrder":20},{"sectionNumber":"Div 5","sectionType":"division","heading":"3 Certain rights of residents","content":"Division 5.3 Certain rights of residents\nSection 23\npage 18 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Appointment of proxies—Act, s 116 (2)","content":"23 Appointment of proxies—Act, s 116 (2)\nThe appointment of a proxy is effective in relation to a meeting of the\nresidents of a retirement village only if the completed form for the\nproxy is given to the chair of the meeting before a vote is taken at the\nmeeting.\n\nFinancial management Part 6\nCapital maintenance and replacement Division 6.1\nSection 24\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Financial management\nDivision 6.1 Capital maintenance and replacement\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Capital item—Act, s 135 (1), def capital item, par (a) (iv)","content":"24 Capital item—Act, s 135 (1), def capital item, par (a) (iv)\nThe following capital items in a retirement village, including those in\nresidential premises in the village, are prescribed:\n(a) fixtures;\n(b) fittings;\n(c) furnishings;\n(d) non-fixed items.\nExamples—par (a)\nbench tops, built-in cupboards and wardrobes, floor coverings, hot water system,\nstove\nExamples—par (b)\nlight fittings, taps, sanitary fittings\nExamples—par (c)\ncurtains, blinds\nExamples—par (d)\nwhitegoods, portable air conditioner, fan, tables, chairs\n25 Works not capital maintenance—Act, s 135 (1), def capital\nmaintenance, par (c)\nThe following works are prescribed:\n(a) work done to substantially improve a capital item beyond its\noriginal condition;\n(b) work done to maintain or repair a capital item in circumstances\nwhere it would have been more cost effective to replace the\ncapital item.\n\nPart 6 Financial management\nDivision 6.2 Recurrent charges\nSection 26\npage 20 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n26 Matters not to be funded from capital works fund or\nrecurrent charges—Act, s 141 (3) (e)\nWork mentioned in section 25 is not authorised to be funded from the\ncapital works fund or recurrent charges of a retirement village.\n27 Capital works fund—Act, s 143 (4)\nIf the operator of a retirement village is a property trust or other\ncorporation constituted by an Act, money in the capital works fund\nfor the village may be held in a fund administered by the property\ntrust or corporation.\n","sortOrder":23},{"sectionNumber":"28","sectionType":"section","heading":"Use of capital works fund amounts—Act, s 144 (1) (c)","content":"28 Use of capital works fund amounts—Act, s 144 (1) (c)\nThe operator of a retirement village may use money from the capital\nworks fund for a purpose (other than a purpose mentioned in the Act,\nsection 144 (1) (a) or (b)) if—\n(a) the residents of the village have, by special resolution, consented\nto the money being used for the purpose; and\n(b) the use of the money for the purpose does not involve the\nfunding of a matter mentioned in the Act, section 141 (3)\n(Funding of certain capital maintenance and capital\nreplacement).\n","sortOrder":24},{"sectionNumber":"29","sectionType":"section","heading":"Minimum public liability insurance—Act, s 145 (4)","content":"29 Minimum public liability insurance—Act, s 145 (4)\nThe amount of $10 000 000 is prescribed.\nDivision 6.2 Recurrent charges\n","sortOrder":25},{"sectionNumber":"30","sectionType":"section","heading":"Notice of fixed formula amendment—Act, s 149 (2) (c)","content":"30 Notice of fixed formula amendment—Act, s 149 (2) (c)\nA notice of amendment of recurrent charges must include the\nfollowing:\n(a) the name of the resident and address of the residential premises\naffected;\n\nFinancial management Part 6\nRecurrent charges Division 6.2\nSection 32\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the following statement as the first line of the notice in at least\nArial bold font not less than 14 point:\n‘This is a notice of an amendment of recurrent\ncharges according to a fixed formula.’;\n(c) the fixed formula stated in the contract and a demonstration, by\nan application of the formula, of the way the new recurrent\ncharges have been calculated;\n(d) the signature of the operator of the retirement village and the\ndate of the signature.\n","sortOrder":26},{"sectionNumber":"32","sectionType":"section","heading":"Notice of amendment—recurrent charges amended","content":"32 Notice of amendment—recurrent charges amended\notherwise than by fixed formula—Act, s 150 (3) (e)\nA notice of amendment of recurrent charges given under the Act,\nsection 150 (Recurrent charges amended otherwise than by fixed\nformula) must include the following:\n(a) the name of the resident and address of the residential premises\naffected;\n(b) the following statement as the first line of the notice in at least\nArial bold font not less than 14 point:\n‘This is a notice of an amendment of recurrent\ncharges (otherwise than in accordance with a\nfixed formula).’;\n(c) the following statements:\n(i) you are not required to pay any increase in your recurrent\ncharges unless this notice complies with the requirements\nof the Act, section 150 (Recurrent charges amended\notherwise than by fixed formula);\n(ii) any increase in recurrent charges does not take effect until\nat least 60 days after you receive this notice;\n\nPart 6 Financial management\nDivision 6.2 Recurrent charges\nSection 32\npage 22 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) this notice may be cancelled by a later notice and the later\nnotice may provide for a lesser increase than any increase\nstated in this notice;\n(iv) the operator of the village must not increase (or attempt to\nincrease) the recurrent charges beyond any upper level\nstated in the village contract;\n(v) the amendment of the charges does not take effect unless\nthe residents whose recurrent charges will be affected by\nthe amendment consent to it or the ACAT orders that it take\neffect;\n(vi) the residents concerned must, within 30 days after\nreceiving the notice, meet, consider and vote on the\nproposed amendment and tell the operator whether or not\nthey consent to it;\n(vii) if the operator is not told whether or not the residents\nconsent to the proposed amendment within the 30-day\nperiod, the residents are taken to have refused consent;\n(viii) the operator must give any information in relation to the\nproposed amendment that the residents committee or, if\nthere is no residents committee, a resident reasonably\nrequests for the purpose of deciding whether to consent to\nthe amendment;\n(ix) if the residents do not consent to the proposed amendment,\nthe operator may apply to the ACAT for an order in relation\nto the proposed amendment;\n(x) you may apply to the ACAT for an order directing the\nrefund of overpaid recurrent charges on any grounds,\nincluding the ground that an increase in the charges came\ninto effect otherwise than in accordance with the Act,\ndivision 7.3 (Recurrent charges) (which includes\nsection 150);\n\nFinancial management Part 6\nRecurrent charges Division 6.2\nSection 33\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(xi) an application for an ACAT order must be made not later\nthan 1 year after the day the increase came into effect;\n(d) the signature of the operator of the retirement village and the\ndate of the signature.\n","sortOrder":27},{"sectionNumber":"33","sectionType":"section","heading":"Information about recurrent charges not needed to be","content":"33 Information about recurrent charges not needed to be\ngiven—Act, s 153 (5)\nThe operator of a retirement village is not required to give the\nfollowing information:\n(a) information about the personal affairs of the operator, an\nemployee of the operator or a contractor engaged by the\noperator;\n(b) information that is unrelated to the operation of the village;\n(c) information about individual sales or contracts that are not\npublicly available;\n(d) if the operator of a retirement village is an organisation that is\nsubject to an approved privacy code or the Australian Privacy\nPrinciples under the Privacy Act 1988 (Cwlth)—information\nthat would, if it were given, result in a breach of the code or\nthose principles.\n","sortOrder":28},{"sectionNumber":"34","sectionType":"section","heading":"Time to give information about recurrent charges—Act,","content":"34 Time to give information about recurrent charges—Act,\ns 153 (6)\nThe operator of a retirement village must give information under the\nAct, section 153 (Residents consent to amendment) within 7 days\nafter the information is first requested.\n\nPart 6 Financial management\nDivision 6.3 Proposed and approved annual budgets\nSection 35\npage 24 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDivision 6.3 Proposed and approved annual\nbudgets\n","sortOrder":29},{"sectionNumber":"35","sectionType":"section","heading":"Matters to be dealt with in proposed annual budget—Act,","content":"35 Matters to be dealt with in proposed annual budget—Act,\ns 159 (5) (a)\n(1) The following matters must be dealt with in the proposed annual\nbudget for a financial year for a retirement village:\n(a) the amount of recurrent charges payable by residents of the\nvillage during the year (including any expected increases in\nthose charges in line with a fixed formula);\n(b) the method of calculating the amount of recurrent charges;\n(c) the total expected income from recurrent charges for the village\nfor the year;\n(d) the effect of the expected surplus or deficit for the current year\non the village’s finances;\n(e) all proposed categories of expenditure (without grouping\ntogether 2 or more unlike categories);\n(f) the proposed expenditure on each proposed category, the\nproposed expenditure on each category as mentioned in the\napproved annual budget for the current year, and the likely\nactual expenditure on each category for the current year;\n(g) if any expenditure (proposed or actual) is an apportionment of a\ntotal expenditure relating to the village and 1 or more other\nvillages or businesses—the method of calculating the\napportionment;\n(h) if any residents of the village are paying significantly higher\nrecurrent charges than other residents of the village—the\nmethod of calculating the apportionment between the categories\nof residents;\n(i) the total proposed expenditure of the village for the year;\n\nFinancial management Part 6\nProposed and approved annual budgets Division 6.3\nSection 36\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(j) the expected surplus or deficit for the year.\nExample—par (h)\na resident may pay significantly higher recurrent charges than other residents if the\nresident is receiving optional services\n(2) If the annual budget includes costs associated with the operator’s\nhead office or management or administration fees, those costs must\nshow the goods and services they relate to and the approximate cost\nof the goods and services.\n","sortOrder":30},{"sectionNumber":"36","sectionType":"section","heading":"Matters not to be financed by way of recurrent charges—","content":"36 Matters not to be financed by way of recurrent charges—\nAct, s 159 (5) (b)\n(1) The following matters must not be financed by way of recurrent\ncharges:\n(a) fees for membership of industrial or professional associations;\n(b) overseas travel by the operator of the retirement village or the\noperator’s agent or employees;\n(c) any costs associated with marketing vacant units within a\nretirement village, including costs that may have been included\nin wages or salaries;\n(d) payroll tax, unless—\n(i) the wages paid by the operator in relation to operating the\nretirement village are more than the threshold amount; or\n(ii) the residents of the retirement village—\n(A) before 4 March 2013, consented to the financing of\npayroll tax by way of recurrent charges; and\n(B) have continued to consent to the financing of payroll\ntax by way of recurrent charges;\n(e) costs associated with the operator’s head office or management\nor administration fees, unless the costs or fees are associated\nwith providing services to residents of the retirement village.\n\nPart 6 Financial management\nDivision 6.3 Proposed and approved annual budgets\nSection 37\npage 26 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) In this section:\nthreshold amount—see the Payroll Tax Act 2011, schedule 1,\nsection 1.1\n","sortOrder":31},{"sectionNumber":"37","sectionType":"section","heading":"Notice accompanying proposed annual budget—Act,","content":"37 Notice accompanying proposed annual budget—Act,\ns 159 (6) (d)\nThe notice accompanying a proposed annual budget must include the\nfollowing statements:\n(a) the operator must provide the information in relation to the\nproposed expenditure that the residents committee or, if there is\nno residents committee, a resident reasonably requests;\n(b) the operator must not spend money received by way of recurrent\ncharges otherwise than in accordance with the approved annual\nbudget, except in a way that would be only—\n(i) a minor amendment of the approved annual budget; or\n(ii) an amendment between items in the approved annual\nbudget if the amendment does not reduce the level of\nservices provided and does not cause total expenditure to\nbe exceeded;\n(c) it is a requirement of the Act, section 159 (Proposed annual\nbudget) that the operator of the village give each resident a copy\nof the proposed annual budget for the financial year for the\nvillage—\n(i) on a day, at least 30 days before the beginning of the\nfinancial year to which the budget relates, agreed to by the\noperator and the residents; or\n(ii) if no day is agreed—at least 60 days before the beginning\nof the financial year to which the budget relates;\n\nFinancial management Part 6\nAnnual accounts Division 6.4\nSection 38\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) it is a requirement of the Act, section 162 (Residents’ consent to\nspending) that the residents—\n(i) tell the operator whether they consent or do not consent to\nthe proposed budget; and\n(ii) if the residents do not consent to the proposed budget—\nstate which item in the proposed budget they object to;\n(e) if the operator is not told whether the residents consent or do not\nconsent to the proposed budget, the residents are taken to have\nrefused consent;\n(f) consent by residents to an amendment of recurrent charges\nunder the village contract is not consent to spending stated in the\nproposed budget.\n38 Limit on contingencies in annual budget—Act, s 164\nThe maximum amount that may be allocated is—\n(a) for an annual budget of $200 000 or less—$1 000; and\n(b) for an annual budget that exceeds $200 000—0.5% of the total\namount of the annual budget.\nDivision 6.4 Annual accounts\n","sortOrder":32},{"sectionNumber":"39","sectionType":"section","heading":"Copies of audited accounts—Act, s 169 (8) (a) (ii)","content":"39 Copies of audited accounts—Act, s 169 (8) (a) (ii)\nA copy of the audited accounts for the village must be displayed on a\nnotice board in a common area of the village for at least 1 month\nstarting not later than 4 months after the end of the financial year to\nwhich the accounts relate.\n\n","sortOrder":33},{"sectionNumber":"Part 6","sectionType":"part","heading":"Financial management","content":"Part 6 Financial management\nDivision 6.5 Surplus or deficit of accounts\nSection 40\npage 28 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":34},{"sectionNumber":"Div 6","sectionType":"division","heading":"5 Surplus or deficit of accounts","content":"Division 6.5 Surplus or deficit of accounts\n","sortOrder":35},{"sectionNumber":"40","sectionType":"section","heading":"Making good of deficit—Act, s 174 (3) (c)","content":"40 Making good of deficit—Act, s 174 (3) (c)\nThe operator of a retirement village may carry forward a deficit to a\nlater financial year to the extent that the deficit is caused by—\n(a) the urgent repair (but not replacement) of a capital item; or\nNote Urgent—see the Act, s 136.\n(b) an increase in the cost of the following:\n(i) utilities (other than telephone);\n(ii) statutory charges, including rates and taxes;\n(iii) wages and salaries increased under an award or industrial\nagreement, or a fair work instrument made under the Fair\nWork Act 2009 (Cwlth);\n(iv) workers compensation and public liability insurance.\n\nDisputes Part 7\nDispute resolution Division 7.1\nSection 41\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Disputes\nDivision 7.1 Dispute resolution\n","sortOrder":36},{"sectionNumber":"41","sectionType":"section","heading":"Representative for residents in dispute—Act, s 176 (2)","content":"41 Representative for residents in dispute—Act, s 176 (2)\nTwo or more residents who claim that a dispute mentioned in the Act,\nsection 176 (1) (Disputes between operator and resident—application\nto ACAT) has arisen may nominate a resident as their representative\nin the dispute (whether or not the nominated resident is a party to the\ndispute) if—\n(a) each resident who is a party to the dispute signs a statement to\nthe effect that the resident named in the statement is nominated\nas the signatory’s representative; and\n(b) the nominated resident gives written consent to the nomination.\nDivision 7.2 ACAT—applications and orders\n","sortOrder":37},{"sectionNumber":"42","sectionType":"section","heading":"Time for making ACAT applications","content":"42 Time for making ACAT applications\n(1) An application to the ACAT under a section of the Act mentioned in\nan item in schedule 3 (Time for making ACAT applications) must be\nmade within the time mentioned in column 3 of the item.\n(2) An application to the ACAT under any other section of the Act may\nbe made at any time.\n","sortOrder":38},{"sectionNumber":"43","sectionType":"section","heading":"ACAT applications by residents committee","content":"43 ACAT applications by residents committee\n(1) The residents committee for a retirement village may, at the request\nof 1 or more residents of the village, apply to the ACAT on behalf of\nthe resident for an order for which the resident may apply.\n(2) The residents committee may apply to the ACAT on behalf of all\nresidents of the village for an order for which a resident may apply if\nthe residents consent to the application.\n\n","sortOrder":39},{"sectionNumber":"Part 7","sectionType":"part","heading":"Disputes","content":"Part 7 Disputes\n","sortOrder":40},{"sectionNumber":"Div 7","sectionType":"division","heading":"2 ACAT—applications and orders","content":"Division 7.2 ACAT—applications and orders\nSection 44\npage 30 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The residents’ consent must be obtained by—\n(a) the proposal being put to a meeting of the residents; and\n(b) the vote for the proposal being decided by a show of hands.\n(4) A resident who does not want to be a party to the proceeding must\ngive the residents committee written notice of that fact before the\napplication to the ACAT is made.\n(5) If the residents committee receives a written notice from a resident\nunder subsection (4), the committee must exclude the resident from\nthe application.\n","sortOrder":41},{"sectionNumber":"44","sectionType":"section","heading":"ACAT may decide other party to application by operator","content":"44 ACAT may decide other party to application by operator\nThe ACAT may, if it considers it appropriate to do so, order that 1 or\nmore stated residents of a retirement village, or all the residents of the\nvillage, are the other parties to an application to the ACAT by the\noperator of the village.\n","sortOrder":42},{"sectionNumber":"45","sectionType":"section","heading":"ACAT additional orders—Act, s 181 (1) (k)","content":"45 ACAT additional orders—Act, s 181 (1) (k)\nThe ACAT may amend, set aside or stay an order of the ACAT in\nforce under the Act.\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Differential orders","content":"46 Differential orders\nThe ACAT may make different orders in relation to different\nresidents of a retirement village in deciding—\n(a) an application to which 2 or more residents of the village are\nparties (whether the application was made jointly by the\nresidents or by the residents committee on behalf of the\nresidents); or\n(b) an application made by the operator of the village to which 2 or\nmore residents are the other parties.\n\nEnding residence contracts Part 8\nGeneral principles about ending residence contracts Division 8.1\nSection 47\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Ending residence contracts\nDivision 8.1 General principles about ending\nresidence contracts\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Time for giving notice to end contract—Act, s 184 (2)","content":"47 Time for giving notice to end contract—Act, s 184 (2)\n(1) A notice mentioned in the Act, section 184 (Notice of intention to\nseek ending of contract) must be given—\n(a) not earlier than 14 days before the intending applicant applies to\nthe ACAT for an order to end a residence contract; and\n(b) not later than the time the intending applicant makes the\napplication to the ACAT.\n(2) If the intending applicant does not apply to the ACAT for the order\nwithin 14 days after giving the notice, the intending applicant must\ngive a new notice within the time required under subsection (1) before\nthe application may be made.\n(3) This section does not apply to an application to the ACAT under the\nAct, section 190 (Ending on grounds of upgrade or change of use).\nNote Under the Act, s 190 (2), the operator is required to give the resident at\nleast 12 months written notice of the operator’s intention to apply to the\nACAT for an order ending the resident’s residence contract.\nDivision 8.2 Uncollected goods\n48 Meaning of uncollected goods—div 8.2\nIn this division:\nuncollected goods, of a former occupant of residential premises in a\nretirement village, do not include the following:\n(a) any additions made to the premises by the former occupant;\n(b) any fixtures installed in the premises by the former occupant.\n\nPart 8 Ending residence contracts\nDivision 8.2 Uncollected goods\nSection 49\npage 32 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Disposal of perishable and certain other uncollected","content":"49 Disposal of perishable and certain other uncollected\ngoods—Act, s 203 (1) (b)\n(1) The operator of a retirement village may remove and dispose of goods\nleft in residential premises in the village by a former occupant of the\nvillage if the goods are—\n(a) perishable foodstuffs; or\n(b) goods that it would be unsafe or unhealthy to store.\n(2) The operator may remove and dispose of the goods—\n(a) if the former occupant’s residence contract was ended by an\nACAT order—immediately after the day the former occupant\nvacated the residential premises; and\n(b) if the residence contract was ended otherwise than by an ACAT\norder—at any time after the contract is ended.\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Storage of other uncollected goods","content":"50 Storage of other uncollected goods\n(1) The operator of a retirement village commits an offence if the\noperator fails to deal with uncollected goods of a former occupant of\nthe village (other than goods mentioned in section 49 (1)) in\naccordance with this section.\nMaximum penalty: 20 penalty units.\n(2) The operator must leave the goods in the residential premises, or store\nthem in a secure place for at least 30 days after—\n(a) the day the operator issued a notice under the Act,\nsection 203 (2) (Disposal of uncollected goods); or\n\nEnding residence contracts Part 8\nUncollected goods Division 8.2\nSection 51\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if the operator does not have a forwarding address for the former\noccupant (or the address of the executor or administrator of the\nestate of the former occupant)—\n(i) if the former occupant’s residence contract was ended on\nan ACAT order—the day the former occupant vacated the\nresidential premises; or\n(ii) in any other case—the day the former occupant’s residence\ncontract was ended.\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Claiming uncollected goods","content":"51 Claiming uncollected goods\n(1) A person who is entitled to possession of uncollected goods of a\nformer occupant of a retirement village may claim the goods at any\ntime before they are destroyed, sold or otherwise dealt with under this\ndivision.\n(2) If the operator of the village is satisfied, on reasonable grounds, that\nthe person claiming the uncollected goods is entitled to them, the\noperator must deliver up the goods to the person, free of any charge\n(other than a removal or storage charge).\n(3) The operator may require payment of any reasonable costs and\nexpenses incurred in removing or storing the goods before delivering\nthe goods to the person.\n(4) However, if the claim is for some but not all of the goods and the\nremaining goods are of sufficient value to cover the reasonable costs\nand expenses of removing or storing all the goods, the operator must\ndeliver the claimed goods to the person without requiring payment\nfor removal or storage.\n\n","sortOrder":48},{"sectionNumber":"Part 8","sectionType":"part","heading":"Ending residence contracts","content":"Part 8 Ending residence contracts\n","sortOrder":49},{"sectionNumber":"Div 8","sectionType":"division","heading":"2 Uncollected goods","content":"Division 8.2 Uncollected goods\nSection 52\npage 34 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"Disposal of uncollected goods after storage","content":"52 Disposal of uncollected goods after storage\n(1) This section applies to uncollected goods mentioned in section 50.\n(2) The operator of a retirement village commits an offence if, at the end\nof the 30-day period mentioned in section 50 (2), the operator fails to\ndeal with the uncollected goods in accordance with this section.\nMaximum penalty: 20 penalty units.\n(3) The operator must send any uncollected personal documents of a\nformer occupant of the village to—\n(a) the former occupant’s forwarding address; or\n(b) the address of the executor or administrator of the former\noccupant’s estate.\n(4) If the operator does not have an address mentioned in subsection (3),\nthe operator must—\n(a) if possible, return the personal documents to their place of\norigin; and\nExamples\n• return financial statements to the issuing financial institution\n• return a licence to the issuing authority\n• return a passport to the Commonwealth Government\n(b) keep the other personal documents in a secure place for at least\n6 months, and then dispose of them as the operator sees fit,\ntaking reasonable steps to ensure the privacy of the former\noccupant or any other person.\n(5) If the operator believes on reasonable grounds that an individual item\nof uncollected goods (other than a personal document) is worth less\nthan $100, the operator may give the item to a charitable organisation\nor otherwise dispose of it.\n\nEnding residence contracts Part 8\nUncollected goods Division 8.2\nSection 53\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The operator must sell by public auction any item of uncollected\ngoods (other than a personal document) that the operator believes on\nreasonable grounds is worth $100 or more.\n(7) In this section:\npersonal documents, of a former occupant, means certificates,\nfinancial records and statements, licences, medical records, passports,\npersonal correspondence, photographs and any other document the\nformer occupant (or a member of the former occupant’s family)\nwould reasonably be expected to want to keep.\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Records and accounting","content":"53 Records and accounting\n(1) The operator of a retirement village must make and keep for at least\n2 years a record of all uncollected goods that the operator disposes of\nunder section 52.\n(2) The operator must account to the former occupant (or to the executor\nor administrator of the former occupant’s estate) for the balance of\nthe proceeds of the sale of the goods after the deduction of the\nreasonable costs of removing, storing and selling the goods.\n(3) However, if the operator does not have an address mentioned in\nsection 52 (3), the balance of the proceeds must be dealt with as\nunclaimed amounts under the Unclaimed Money Act 1950, part 3\n(Unclaimed amounts payable by companies).\n\nPart 9 Prescribed rates of interest\nSection 54\npage 36 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":52},{"sectionNumber":"Part 9","sectionType":"part","heading":"Prescribed rates of interest","content":"Part 9 Prescribed rates of interest\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Prescribed rate of interest—Act, s 213 (3)","content":"54 Prescribed rate of interest—Act, s 213 (3)\nThe prescribed rate of interest is the rate prescribed for the Act,\nsection 41 (5) (b).\nNote The rate for the Act, s 41 (5) (b) is prescribed by s 9.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Prescribed rate of interest—Act, s 235 (6) (b)","content":"55 Prescribed rate of interest—Act, s 235 (6) (b)\nThe prescribed rate of interest is the rate prescribed for the Act,\nsection 41 (5) (b).\nNote The rate for the Act, s 41 (5) (b) is prescribed by s 9.\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Prescribed rate of interest—Act, s 237 (3)","content":"56 Prescribed rate of interest—Act, s 237 (3)\nThe prescribed rate of interest is the rate prescribed for the Act,\nsection 41 (5) (b).\nNote The rate for the Act, s 41 (5) (b) is prescribed by s 9.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Prescribed rate of interest—Act, s 238 (8) (b)","content":"57 Prescribed rate of interest—Act, s 238 (8) (b)\nThe prescribed rate of interest is the rate prescribed for the Act,\nsection 41 (5) (b).\nNote The rate for the Act, s 41 (5) (b) is prescribed by s 9.\n\nProtection of ingoing contributions paid by residents other than registered\ninterest holders\nPart 10\nSection 58\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":57},{"sectionNumber":"Part 10","sectionType":"part","heading":"Protection of ingoing","content":"Part 10 Protection of ingoing\ncontributions paid by residents\nother than registered interest\nholders\n","sortOrder":58},{"sectionNumber":"58","sectionType":"section","heading":"Refund of ingoing contribution—Act, s 241 (1) (b)","content":"58 Refund of ingoing contribution—Act, s 241 (1) (b)\nThe amount of $10 000 is prescribed.\n\nPart 11 Consent of residents\nSection 59\npage 38 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":59},{"sectionNumber":"Part 11","sectionType":"part","heading":"Consent of residents","content":"Part 11 Consent of residents\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Conduct of written ballots generally—Act, sch 1,","content":"59 Conduct of written ballots generally—Act, sch 1,\ns 1.3 (1) (b)\nA written ballot must be conducted in accordance with schedule 4,\npart 4.2 (Conducting a written ballot).\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"When written ballot required—Act, sch 1, s 1.3 (2)","content":"60 When written ballot required—Act, sch 1, s 1.3 (2)\n(1) The residents of a retirement village may decide, by a show of hands\nat any meeting at which a particular measure or action is discussed,\nwhether the vote on the measure or action is to be taken by a written\nballot.\n(2) If 50% or more of the residents present at the meeting decide that the\nvote is to be taken by a written ballot, the vote must be taken by a\nwritten ballot.\nNote A written ballot is also required if a measure or action requires a special\nresolution (see Act, sch 1, s 1.5).\n","sortOrder":62},{"sectionNumber":"60A","sectionType":"section","heading":"Conduct of written ballots for special resolutions—Act,","content":"60A Conduct of written ballots for special resolutions—Act,\nsch 1, s 1.5\nA written ballot in relation to a measure or action requiring a special\nresolution must be conducted in accordance with schedule 4—\n(a) part 4.2 (Conducting a written ballot); and\n(b) part 4.3 (Additional requirements for special resolution).\n\nMiscellaneous Part 12\nSection 61\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n","sortOrder":63},{"sectionNumber":"Part 12","sectionType":"part","heading":"Miscellaneous","content":"Part 12 Miscellaneous\n","sortOrder":64},{"sectionNumber":"61","sectionType":"section","heading":"Resident—Act, dict, def resident, par (b) (ii)","content":"61 Resident—Act, dict, def resident, par (b) (ii)\n(1) A person to whom subsection (2) applies is prescribed.\n(2) This subsection applies to a person who—\n(a) is the domestic partner of another resident; and\n(b) occupies residential premises in the retirement village with the\nother resident; and\n(c) continues to occupy the residential premises after the other\nresident dies or permanently vacates the premises.\nNote Domestic partner—see the Legislation Act, s 169 (1).\n\nSchedule 1 Contents of village contracts\nPart 1.1 Matter to be included in village contracts\nSection 1.1\npage 40 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Contents of village contracts\n(s 13 (1))\nPart 1.1 Matter to be included in village\ncontracts\n1.1 Information to be included in village contract\nA village contract for a resident in a retirement village must include\nthe following information:\n(a) the name of the retirement village to which the contract relates;\n(b) the address in the village of the resident’s residential premises;\n(c) the full names of the parties to the contract;\n(d) the signatures of the parties to the contract;\n(e) the name and address of an operator of the village who is not a\nparty to the contract;\n(f) the name and address of the resident’s agent (if any) appointed\nunder the Act, section 101 (Right to appoint agent);\n(g) the date the disclosure statement and the information under the\nAct, section 28 (Information to be given to prospective\nresidents) were given to the resident (or a person acting on the\nresident’s behalf);\n(h) the date the contract is made;\n(i) if the operator is the other party to the contract—\n(i) the name and address of the operator’s agent (if any);\n(ii) the date the copy of the contract was given to the resident\n(or a person acting on the resident’s behalf);\n\nContents of village contracts Schedule 1\nMatter to be included in village contracts Part 1.1\nSection 1.1A\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) the amount of any ingoing contribution payable by the\nresident and the date by when it must be paid;\n(iv) the amount of recurrent charges payable by the resident as\nat the date the contract is drafted;\n(v) the date from which those charges become payable;\n(vi) the date agreed as the date the resident is entitled to occupy\nthe premises (subject to completion of construction, and\nnot precluding an earlier date if an earlier date is later\nagreed between the operator and the resident);\n(j) a provision reflecting the Act, section 88 (Compliance with\nvillage rules by people other than operator and residents);\n(k) if a residence contract entitles the resident to the use of a garage,\nparking space or storeroom—details of the garage, parking\nspace or storeroom.\n1.1A Time for payment of ingoing contribution instalments\n(1) This section applies if a village contract provides that the ingoing\ncontribution must be paid in instalments at intervals stated in the\ncontract.\n(2) The village contract must state the day that the balance of the ingoing\ncontribution is payable.\n\nSchedule 1 Contents of village contracts\nPart 1.2 Headings and additional matter to be included in village contracts\nSection 1.2\npage 42 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1.2 Headings and additional matter\nto be included in village\ncontracts\n1.2 Cooling-off period\n(1) A village contract must include a clause with the heading\n‘Cooling-off period’ printed in bold font.\n(2) The clause must—\n(a) explain the resident’s rights to rescind the contract free of any\nloss or penalty during the cooling-off period; and\n(b) state—\n(i) the length of the cooling-off period; and\n(ii) the method by which the resident can rescind the contract;\nand\n(iii) the time within which any money the rescinding party has\npaid under the contract is to be repaid.\n(3) A residence contract must include a statement to the effect that the\ncooling-off period is waived if the resident begins living in the\npremises.\n1.3 Retirement village legislation\n(1) A village contract must include a clause with the heading ‘Retirement\nvillage legislation’ printed in bold font.\n(2) The clause must include a statement—\n(a) about the existence of the Act and this regulation; and\n(b) to the effect that the contract is subject to the provisions of the\nAct and this regulation.\n\nContents of village contracts Schedule 1\nHeadings and additional matter to be included in village contracts Part 1.2\nSection 1.4\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.4 Ingoing contribution\n(1) A village contract must include a clause with the heading ‘Ingoing\ncontribution’ printed in bold font.\n(2) The clause must include the following:\n(a) if an ingoing contribution is to be paid by instalments—a\nstatement setting out the conditions under which it is to be paid;\n(b) a statement about whether interest is payable to the resident\nwhile the operator has use of the ingoing contribution;\n(c) if part or all of the ingoing contribution is to be\nnon-refundable—a statement to that effect;\n(d) a statement about how much of the ingoing contribution the\nresident will get back if, after the cooling-off period, the\nresident—\n(i) dies before taking up residence in the residential premises;\nor\n(ii) after taking up residence, permanently vacates the\npremises within the period stated in the contract.\n1.5 Recurrent charges\n(1) A village contract must include a clause with the heading ‘Recurrent\ncharges’ printed in bold font.\n(2) The clause must include the following:\n(a) the intervals or dates when any recurrent charges are payable\nunder the contract;\n(b) how the recurrent charges may be paid;\n\nSchedule 1 Contents of village contracts\nPart 1.2 Headings and additional matter to be included in village contracts\nSection 1.5\npage 44 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if recurrent charges payable by the resident are to be amended\nin accordance with a fixed formula—\n(i) the intervals or dates when recurrent charges are to be\namended; and\n(ii) the fixed formula used to decide amendments in the\namount of recurrent charges; and\n(iii) the amount of written notice (not less than 14 days) that\nwill be given to the resident to amend the amount of\nrecurrent charges;\n(d) if recurrent charges payable by the resident may be amended\nother than in accordance with a fixed formula—\n(i) the intervals or dates when the operator may propose an\namendment of the amount of recurrent charges; and\n(ii) any upper limit by which the operator agrees not to propose\nan increase; and\n(iii) the amount of written notice (not less than 60 days) that\nwill be given to the resident if an amendment is proposed;\nand\n(iv) a statement to the effect that the amount of recurrent\ncharges cannot be amended unless affected residents\nconsent to the amendment or the ACAT orders the\namendment to take effect;\n(e) a statement to the effect that if the resident is absent from the\nvillage for any reason for at least the period (of not more than\n28 consecutive days) stated in the contract, the resident is not\nliable for recurrent charges for optional services in relation to\nthe remainder (if any) of that absence;\n(f) a statement about whether the resident is liable to continue to\npay recurrent charges after permanently vacating the premises\nand, if so, for what period and under what conditions.\n\nContents of village contracts Schedule 1\nHeadings and additional matter to be included in village contracts Part 1.2\nSection 1.6\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.6 Services and facilities\n(1) A village contract must include a clause with the heading ‘Services\nand facilities’ printed in bold font.\n(2) The clause must include the following:\n(a) a description of all services provided or made available to the\nresident by, or on behalf of, the operator;\n(b) a statement about any additional or optional services available\nto the resident on a ‘user pays’ basis, and the cost of those\nservices as at the date of preparation of the contract;\n(c) a list of all facilities within the village available for the resident’s\nuse.\n(3) The contract must identify any services or facilities that the\ndevelopment consent for the village requires to be provided for the\nlife of the village.\n(4) Representations (if any) about proposed services or facilities made\nbefore the contract is entered into—\n(a) must be stated in the contract; and\n(b) must identify the service or facility; and\n(c) must state the date by when that service or facility is to be\nprovided or made available.\n(5) The contract—\n(a) may distinguish between general services and optional services;\nand\n(b) if it does, must include a statement to the effect that the ACAT\nhas the power to override this determination in the event of a\ndispute.\n\nSchedule 1 Contents of village contracts\nPart 1.2 Headings and additional matter to be included in village contracts\nSection 1.7\npage 46 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(6) The contract must include a statement drawing the resident’s attention\nto the fact that services and facilities may be reduced or (except for\nthose required by the development consent to be provided for the life\nof the village) withdrawn or otherwise amended, but only if the\nresidents of the village pass a special resolution in accordance with\nthe provisions of the Act.\n(7) The contract must make it clear that the resident has no right to\ncompensation if services or facilities are reduced or withdrawn or\notherwise amended in accordance with a special resolution of the\nresidents.\n1.7 Fixtures, fittings and furnishings\n(1) A village contract must include a clause with the heading ‘Fixtures,\nfittings and furnishings’ printed in bold font.\n(2) The clause must list the fixtures, fittings and furnishings that are to\nbe provided in the residential premises.\n1.8 Repairs and maintenance\n(1) A village contract must include a clause with the heading ‘Repairs\nand maintenance’ printed in bold font.\n(2) The clause must set out the process by which the resident can ask the\noperator to carry out necessary repairs and maintenance.\n1.9 Alterations and additions\n(1) A village contract must include a clause with the heading ‘Alterations\nand additions’ printed in bold font.\n(2) The clause must—\n(a) state the conditions under which a resident may alter or add to\nthe residential premises; and\n\nContents of village contracts Schedule 1\nHeadings and additional matter to be included in village contracts Part 1.2\nSection 1.10\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) include a provision to the effect that the resident may, at any\ntime before permanently vacating the premises, remove any\nfixture that the resident has added to the premises.\n1.10 Operator’s access to premises\n(1) A village contract must include a clause with the heading ‘Operator’s\naccess to premises’ printed in bold font.\n(2) The clause must set out the circumstances under which the operator,\nor a person authorised by the operator, may enter the residential\npremises.\n1.11 Village rules\n(1) A village contract must include a clause with the heading ‘Village\nrules’ printed in bold font.\n(2) The clause must include a statement to the effect that if a village rule\nis inconsistent with a term of a village contract—\n(a) the village rule prevails to the extent of the inconsistency; but\n(b) if the inconsistent term of the village contract is a standard term,\nthe term prevails over the rule.\n1.12 Dispute resolution\n(1) A village contract must include a clause with the heading ‘Dispute\nresolution’ printed in bold font.\n(2) The clause must—\n(a) set out the resident’s right to apply to the ACAT if the resident\nconsiders a term of the contract to be harsh, oppressive,\nunconscionable or unjust; and\n\nSchedule 1 Contents of village contracts\nPart 1.2 Headings and additional matter to be included in village contracts\nSection 1.13\npage 48 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) draw the resident’s attention to the existence of the ACAT, and\nthe resident’s right to apply for a range of orders from the\nACAT, including the following:\n(i) an order that amends or sets aside a provision of the\ncontract or a village rule that conflicts with the 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(ii) an order that the operator comply with the Act;\n(iii) an order to enforce a provision of the contract or a village\nrule.\n1.13 Changes in operator\n(1) A village contract must include a clause with the heading ‘Changes\nin operator’ printed in bold font.\n(2) The clause must—\n(a) include a statement to the effect that the terms of the contract are\nenforceable against an operator of the village; and\n(b) if a trustee is involved—set out the conditions on which the\ntrustee is appointed and any rights the resident may have\nbecause of that appointment.\n1.14 Ending the contract\n(1) A village contract must include a clause with the heading ‘Ending the\ncontract’ printed in bold font.\n(2) The clause must—\n(a) set out the methods by which the contract may be ended,\nincluding a list of the grounds on which the resident or operator\nmay apply to the ACAT to end the contract; and\n\nContents of village contracts Schedule 1\nHeadings and additional matter to be included in village contracts Part 1.2\nSection 1.15\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) include a statement to the effect that the contract cannot be\nended by the operator unless the operator obtains an order from\nthe ACAT.\n1.15 Transfers\n(1) A village contract must include a clause with the heading ‘Transfers’\nprinted in bold font.\n(2) The clause must—\n(a) set out the conditions, if any, under which the resident may ask\nfor a transfer to other residential premises within the retirement\nvillage, or to other accommodation for older people run by the\nsame operator; and\n(b) disclose the general financial basis on which a transfer may be\neffected.\n(3) If the operator of the retirement village has an associated facility that\nis a residential care home, the clause must also include a statement to\nthe effect that—\n(a) places in those facilities are allocated on the basis of a resident’s\nneeds; and\n(b) entry is subject to approval for access; and\n(c) a transfer to the associated facility cannot be guaranteed.\n1.16 Departure fees\n(1) A village contract must include a clause with the heading ‘Departure\nfees’ printed in bold font.\n(2) The clause must—\n(a) state whether a departure fee is payable by the resident on the\nending of the contract; and\n\n","sortOrder":65},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Contents of village contracts","content":"Schedule 1 Contents of village contracts\n","sortOrder":66},{"sectionNumber":"Part 1","sectionType":"part","heading":"2 Headings and additional matter to be included in village contracts","content":"Part 1.2 Headings and additional matter to be included in village contracts\nSection 1.17\npage 50 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) if a departure fee is payable—set out the method of working out\nthe departure fee; and\n(c) include a statement to the effect that no departure fee is payable\nin relation to any period after the resident permanently vacates\nthe premises.\n1.17 Capital gain or loss\n(1) A village contract must include a clause with the heading ‘Capital\ngain or loss’ printed in bold font.\n(2) The clause must state—\n(a) whether any capital gain or loss, or increase in ingoing\ncontribution paid by the incoming resident, is to be shared\nbetween the resident and the operator; and\n(b) if so—the relevant percentages.\n1.18 Refund of payment to resident\n(1) A village contract must include a clause with the heading ‘Refund of\npayment to resident’ printed in bold font.\n(2) The clause must—\n(a) set out in full the method of working out any refund or payment\ndue to the resident on ending the contract, the time for its\npayment and any relevant conditions on its payment; and\n(b) if 2 or more residents are parties to the contract—\n(i) state whether a partial refund is payable if 1 resident\npermanently vacates the residential premises; and\n(ii) if so, the circumstances under which a partial refund is\npayable.\n\nContents of village contracts Schedule 1\nHeadings and additional matter to be included in village contracts Part 1.2\nSection 1.19\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1.19 Changes to this contract\n(1) A village contract must include a clause with the heading ‘Changes\nto this contract’ printed in bold font.\n(2) The contract must include a statement to the effect that the resident is\nnot obliged to agree to amend the contract, or to end the contract and\nenter into a new one, because of changes in legislation (unless the\nlegislation requires the amendment or ending) or for any other reason.\n1.20 Annexures\n(1) A village contract must include a clause with the heading\n‘Annexures’ printed in bold font.\n(2) The clause must mention the following, which must be annexed to the\ncontract:\n(a) a copy of the disclosure statement given to the resident;\n(b) a copy of the current village rules (if any);\n(c) a copy of any applicable condition report.\n\nSchedule 2 Matter to be excluded from village contracts\nSection 2.1\npage 52 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 2 Matter to be excluded from\nvillage contracts\n(s 13 (2))\n2.1 Dispute resolution\nA village contract must not require the parties to the contract to\nattempt to resolve disputes between them by any process other than\nthe process provided under the Act.\n2.2 Wills\nA village contract must not require a resident to have a will or to tell\nthe operator about the location of a will.\n2.3 Insurance\n(1) A village contract must not include a provision under which the\nresident is required, or agrees, to take out an insurance policy,\nincluding contents insurance, ambulance fund or other form of health\ninsurance.\n(2) However, the contract may require a resident who uses a motorised\nwheelchair to take out appropriate insurance in relation to the\nwheelchair.\n2.4 Legal, accounting and other expenses\nA village contract must not include a provision enabling a resident to\nbe charged individually for legal, accounting or other services\nincurred by the operator in—\n(a) corresponding with the resident or a person acting on the\nresident’s behalf; or\n(b) enforcing the contract.\n\nMatter to be excluded from village contracts Schedule 2\nSection 2.5\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.5 Absences\nA village contract must not restrict the time a resident may be absent\nfrom the village.\n2.6 Penalty terms\nA village contract must not provide that, if a resident breaches the\ncontract or the village rules, the resident is liable to pay—\n(a) an increased amount of recurrent charges; or\n(b) an amount as a penalty; or\n(c) an amount as liquidated damages.\n2.7 Exclusions\nA village contract must not include a provision to the effect that a\nresident will not have the benefit or advantage of any legislation that\nmay come into force and has the effect of relieving the resident of any\nobligation or liability under the contract.\n2.8 Recurrent charges\n(1) This section applies to a village contract that makes provision for the\nrecurrent charges payable by a resident to be amended according to a\nfixed formula.\n(2) The formula must not include a component relating to the actual or\nproposed expenditure of the village.\n2.9 Disclaimers\nA village contract must not include a provision removing liability\nfrom the operator for any negligent act or omission by the operator,\nits employees or agents.\n\n","sortOrder":67},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Matter to be excluded from village contracts","content":"Schedule 2 Matter to be excluded from village contracts\nSection 2.10\npage 54 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2.10 Entire agreement\nA village contract must not include a provision to the effect that the\nwritten contract represents the entire agreement between the parties\nto the contract.\n2.11 Current value of premises\nA village contract must not include a provision that requires a former\noccupant to pay the difference between—\n(a) any value determined for, or assigned to, the occupant’s\nresidential premises (by the operator or otherwise) before a\nvillage contract with a prospective resident in relation to the\npremises is entered into; and\n(b) the amount paid by a prospective resident under a village\ncontract for the premises.\n\nTime for making ACAT applications Schedule 3\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 3 Time for making ACAT\napplications\n(s 42 (1))\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ntime during which application may be made\n1 27 (2) not earlier than 14 days after date of request for general inquiry\ndocument or disclosure statement\n2 57 (3) not earlier than 1 month after service of rescission notice\n3 57 (9) (a) up to 3 months after date of rescission\n4 57 (9) (b) up to 3 months after date of rescission\n5 58 (4) up to 3 months after date of rescission\n6 85 (4) up to 30 days after date of notification of refusal to consent\n7 153 (6) no earlier than 14 days after date of request by residents committee\nunder section 153 (4)\n8 154 (1) up to 30 days after date of notification of refusal to consent or, if\nresidents do not notify, up to 14 days after end of period under\nsection 153 (2)\n9 161 not earlier than 59 days immediately before commencement of the\nfinancial year and any time until the end of the financial year\n10 186 (2) up to 7 days after date of notification of differing opinion as to\ncondition of premises\n11 188 (1) not later than 14 days after service of notice under section 184\n12 188 (2) not later than 14 days after service of notice under section 184\n13 189 (1) up to 30 days after alleged incident became known to operator\n\n","sortOrder":68},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Time for making ACAT applications","content":"Schedule 3 Time for making ACAT applications\npage 56 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ntime during which application may be made\n14 195 (2) up to 30 days after date set for vacation by earlier ACAT order\n15 202 (2) any time before goods are disposed of under section 203\n16 203 (1) not earlier than 30 days after date of notice required under\nsection 203 (2)\nif the notice cannot be given, application cannot be made earlier\nthan 30 days after the date—\n(a) if the residence contract was ended by an ACAT order—\nthe former occupant vacated premises; or\n(b) in any other case—the residence contract was ended\n17 206 (2) up to 12 months after date operator deals with the goods\n18 219 (4) up to 3 months after date of receipt of claim\n19 238 (6) not earlier than 1 month before end of period mentioned in\nsection 238 (2) (h) and not later than 14 days after end of that\nperiod\n20 240 (3) (a) up to 14 days after due date for payment\n\nConduct of written ballots Schedule 4\nPreliminary Part 4.1\nSection 4.1\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 4 Conduct of written ballots\n(s 59)\nPart 4.1 Preliminary\n4.1 Definitions—sch 4\nIn this schedule:\nballot means a ballot conducted at a meeting of residents of a\nretirement village.\nqualified voter, for a ballot, means a resident of the retirement village\nwhere the ballot is conducted.\nreturning officer, for a ballot, means a person elected as returning\nofficer under section 4.3.\n\nSchedule 4 Conduct of written ballots\nPart 4.2 Conducting a written ballot\nSection 4.2\npage 58 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4.2 Conducting a written ballot\n4.2 Application—pt 4.2\nThis part applies if a written ballot is required at a meeting of\nresidents of a retirement village.\nNote A written ballot may be required under s 60 and is required for a special\nresolution (see Act, sch 1, s 1.5).\n4.3 Election of returning officer\n(1) The residents of a retirement village must elect a returning officer for\na written ballot by a show of hands at a meeting of the residents.\n(2) A person is eligible to be selected as a returning officer for a written\nballot if the person is—\n(a) a resident of the retirement village; and\n(b) not a member of the residents committee; and\n(c) not standing for election to the residents committee.\n4.4 Conduct of written ballot\n(1) Before the meeting for a written ballot, the ballot papers must be\nprepared by—\n(a) the residents committee for the retirement village; or\n(b) if the residents committee has not convened the meeting or there\nis no residents committee for the village—the operator of the\nvillage.\n(2) Enough ballot papers must be prepared so that a ballot paper can be\ngiven to each qualified voter.\n\nConduct of written ballots Schedule 4\nConducting a written ballot Part 4.2\nSection 4.5\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 59\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The ballot paper must contain details of the measure or action for\nwhich the ballot is being held and directions about the way a vote is\nto be recorded and returned to the returning officer.\nExample\nThe ballot paper may have the question to be answered followed by a ‘yes’ box and\na ‘no’ box and instructions that the vote clearly mark one of the boxes with a tick\nor cross.\n(4) At the meeting, the returning officer must give each qualified voter\n(or if the qualified voter has a proxy, the voter’s proxy) a ballot paper\ninitialled by the person who prepared the ballot paper.\n(5) In order to vote on the resolution at the meeting, a qualified voter (or\nif the qualified voter has a proxy, the voter’s proxy) must do the\nfollowing:\n(a) record a vote on the ballot paper in accordance with the\ndirections shown on it;\n(b) fold the completed ballot paper so that the vote cannot be seen;\n(c) place the ballot paper in the ballot box.\n4.5 Counting and reporting votes\n(1) The returning officer must, as soon as practicable after a vote is\ncompleted, work out the result of the vote by counting the votes,\nincluding any proxy or postal votes.\n(2) When the result of the vote is worked out, the returning officer\nmust—\n(a) announce the result; and\n(b) prepare a written report of the result; and\n(c) give copies of the report to the residents.\n(3) The returning officer must—\n(a) give copies of the report to the residents committee (if any); and\n\nSchedule 4 Conduct of written ballots\nPart 4.2 Conducting a written ballot\nSection 4.6\npage 60 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) place a copy of the report on a notice board in a communal area\nwithin the retirement village.\n4.6 Returning officer’s decision final\nA decision of the returning officer in relation to a vote is final.\n\nConduct of written ballots Schedule 4\nAdditional requirements for special resolution Part 4.3\nSection 4.7\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 61\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4.3 Additional requirements for\nspecial resolution\n4.7 Application—pt 4.3\nThis part applies if a measure or action relating to a retirement village\nrequires a special resolution.\n4.8 Special resolution—notice\n(1) A resolution about a measure or action requiring a special resolution\nmust be put to a meeting of the residents of the village.\n(2) Each resident of the village must be given at least 21 days written\nnotice of the meeting by—\n(a) the residents committee for the village; or\n(b) if the residents committee has not convened the meeting or there\nis no residents committee for the village—the operator of the\nvillage.\n(3) However, for a vote under the Act, section 112 (5) in relation to a\nspecial resolution at a meeting, each resident must be given at least\n14 days written notice of the meeting.\nNote Under the Act, s 112 (5), residents of a village may vote at a meeting to\nallow each resident occupying the same residential premises to have a\nseparate vote at the meeting.\n(4) The notice must—\n(a) include the resolution; and\n(b) state that the resolution is to be put as a special resolution; and\n(c) state that residents of the village may cast their vote, in writing,\nbefore the meeting; and\n\n","sortOrder":69},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Conduct of written ballots","content":"Schedule 4 Conduct of written ballots\n","sortOrder":70},{"sectionNumber":"Part 4","sectionType":"part","heading":"3 Additional requirements for special resolution","content":"Part 4.3 Additional requirements for special resolution\nSection 4.9\npage 62 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) state that, if a resident wishes to cast their vote before the\nmeeting, the resident may—\n(i) ask the entity that convened the meeting for a ballot paper;\nand\n(ii) cast a postal vote in accordance with section 4.9.\n4.9 Special resolution—postal vote\n(1) A qualified voter may, before a meeting for a special resolution, cast\na vote (a postal vote) by giving it in writing to—\n(a) the residents committee; or\n(b) if the residents committee has not convened the meeting or there\nis no residents committee for the village—the operator of the\nvillage.\n(2) A postal vote received before the meeting must be kept in a safe and\nsecure place.\n(3) At the meeting, each postal vote must be—\n(a) accounted for against a current list of residents; and\n(b) handed to the returning officer.\n(4) If a qualified voter has cast a postal vote in accordance with this\nsection, the voter cannot—\n(a) change or withdraw the postal vote; or\n(b) vote in person or by proxy at the meeting in relation to the\nspecial resolution.\n4.10 Special resolution—quorum\n(1) A special resolution submitted at a meeting of the residents of a\nretirement village must not be considered unless a quorum is able to\nvote on the resolution at the meeting, either personally, by postal vote\nor by proxy.\n\nConduct of written ballots Schedule 4\nAdditional requirements for special resolution Part 4.3\nSection 4.10\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 63\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A quorum is made up by 1 of the following:\n(a) for a village that is subject to a units plan—a minimum of 1/3 of\nthe qualified voters in the units plan;\n(b) for a village that has fewer than 10 occupied residential\npremises—the qualified voters from a majority of the occupied\npremises;\n(c) in any other case—a minimum of 5 qualified voters, or 1/2 of\nqualified voters (whichever is the greater).\n(3) If a quorum is not present within 1/2 an hour after the resolution arises\nfor consideration at the meeting, the meeting must be adjourned for\nat least 7 days.\n(4) If a quorum is not present within 1/2 an hour after the time fixed for\nthe adjourned meeting, the qualified voters present personally or by\nproxy or postal vote constitute a quorum for considering the\nresolution.\n\nDictionary\npage 64 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• Act\n• Corporations Act\n• director-general (see s 163)\n• domestic partner (see s 169 (1))\n• fail\n• human rights commission.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Retirement Villages Act 2012 (see Legislation Act, s 148). For\nexample, the following terms are defined in the Retirement Villages\nAct 2012, dict:\n• annual management meeting\n• approved annual budget\n• capital gain\n• capital item\n• capital maintenance\n• capital works fund\n• close associate, of the operator of a retirement village\n• community title scheme\n• company title scheme\n• condition report\n• disclosure statement\n• former occupant\n• financial year, of a retirement village\n• ingoing contribution\n• operator, of a retirement village\n• owners corporation\n• permanently vacate, residential premises\n• proposed annual budget\n• prospective resident\n\nDictionary\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 65\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n• proxy\n• recurrent charge\n• registered provider\n• residence contract\n• residential care home\n• residential premises\n• resident, of a retirement village\n• residents committee\n• retirement village\n• special resolution\n• village contract\n• village rules.\nballot, for schedule 4 (Conduct of written ballots)—see schedule 4,\nsection 4.1.\nprevention of elder abuse strategy—see section 18A (1).\nqualified voter, for a ballot, for schedule 4 (Conduct of written\nballots)—see schedule 4, section 4.1.\nreturning officer, for a ballot, for schedule 4 (Conduct of written\nballots)—see schedule 4, section 4.1.\nuncollected goods, for division 8.2 (Uncollected goods)—see\nsection 48.\n\nEndnotes\n1 About the endnotes\npage 66 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\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":71},{"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\nEndnotes\nLegislation history 3\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 67\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nRetirement Villages Regulation 2013 SL2013-5\nnotified LR 1 March 2013\ns 1, s 2 commenced 1 March 2013 (LA s 75 (1))\nremainder commenced 4 March 2013 (s 2 and see Retirement Villages\nAct 2012 A2012-38, s 2 and LA s 79)\nas amended by\nRetirement Villages Amendment Regulation 2013 (No 1) SL2013-21\nnotified LR 15 August 2013\ns 1, s 2 commenced 15 August 2013 (LA s 75 (1))\nremainder commenced 16 August 2013 (s 2)\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.15\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.15 commenced 17 November 2014 (s 2)\nRetirement Villages Amendment Act 2016 A2016-30 pt 3\nnotified LR 16 June 2016\ns 1, s 2 commenced 16 June 2016 (LA s 75 (1))\npt 3 commenced 16 December 2016 (s 2 and LA s 79)\nRetirement Villages Amendment Regulation 2016 (No 1) SL2016-27\nnotified LR 8 September 2016\ns 1, s 2 commenced 8 September 2016 (LA s 75 (1))\nremainder commenced 16 December 2016 (s 2 and see Retirement\nVillages Amendment Act 2016 A2016-30, s 2 and LA s 79)\nRetirement Villages Legislation Amendment Act 2019 A2019-10 pt 5\nnotified LR 11 April 2019\ns 1, s 2 commenced 11 April 2019 (LA s 75 (1))\npt 5 commenced 1 July 2019 (s 2 (1) and CN2019-11)\nJustice and Community Safety Legislation Amendment Act 2021\nA2021-3 pt 18\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\npt 18 commenced 26 February 2021 (s 2 (1))\n\nEndnotes\n","sortOrder":72},{"sectionNumber":"3","sectionType":"section","heading":"Legislation history","content":"3 Legislation history\npage 68 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nFair Trading and Other Justice Legislation Amendment Act 2022\nA2022-8 pt 9\nnotified LR 11 May 2022\ns 1, s 2 commenced 11 May 2022 (LA s 75 (1))\npt 9 commenced 12 May 2022 (s 2 (1))\nPlanning (Consequential Amendments) Act 2023 A2023-36 sch 1\npt 1.57\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\nsch 1 pt 1.57 commenced 27 November 2023 (s 2 (1) and see\nPlanning Act 2023 A2023-18, s 2 (2) and CN2023-10)\nRetirement Villages Amendment Regulation 2025 (No 1) SL2025-1\nnotified LR 27 February 2025\ns 1, s 2 commenced 27 February 2025 (LA s 75 (1))\nremainder commenced 27 May 2025 (s 2)\nRetirement Villages Amendment Regulation 2025 (No 2) SL2025-14\nnotified LR 24 July 2025\ns 1, s 2 commenced 24 July 2025 (LA s 75 (1))\nremainder commenced 25 July 2025 (s 2)\nJustice and Community Safety Legislation Amendment\nAct 2025 (No 3) A2025-22 sch 1 pt 1.7\nnotified LR 12 September 2025\ns 1, s 2 commenced 12 September 2025 (LA s 75 (1))\nsch 1 pt 1.7 commenced 1 November 2025 (s 2 (3) (a) and see Aged\nCare Act 2024 (Cwlth) s 7)\n\nEndnotes\nAmendment history 4\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 69\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nGeneral inquiry document—Act, s 23 (2)\ns 6A ins A2016-30 s 57\nam A2025-22 amdt 1.25\nDisclosure statement—Act, s 24 (3)\ns 7 sub A2016-30 s 58\nam A2023-36 amdt 1.334; A2025-22 amdt 1.26\nPrevention of elder abuse strategy—Act, s 91 (2) (h)\ns 18A ins SL2025-1 s 4\nPrevention of elder abuse strategy—publication and availability\ns 18B ins SL2025-1 s 4\nPrevention of elder abuse strategy—review\ns 18C ins SL2025-1 s 4\nMembership of residents committee—Act, s 104 (1)\ns 20 am SL2025-1 ss 5-7\nQuestions at annual meeting—Act, s 110 (3) (b)\ns 22 am A2014-49 amdt 1.33\nAppointment of proxies—Act, s 116 (2)\ns 23 am A2022-8 s 224\nNotice of amendment—no fixed formula and not exceeding CPI—Act,\ns 150 (4) (c)\ns 31 om SL2016-27 s 4\nNotice of amendment—recurrent charges amended otherwise than by fixed\nformula—Act, s 150 (3) (e)\ns 32 hdg sub SL2016-27 s 5\ns 32 am SL2016-27 s 5, s 6\nInformation about recurrent charges not needed to be given—Act, s 153 (5)\ns 33 am A2014-49 amdt 1.33\nMatters to be dealt with in proposed annual budget—Act, s 159 (5) (a)\ns 35 hdg sub A2021-3 s 41\nMatters not to be financed by way of recurrent charges—Act, s 159 (5) (b)\ns 36 hdg sub A2021-3 s 41\ns 36 am SL2013-21 s 4\nNotice accompanying proposed annual budget—Act, s 159 (6) (d)\ns 37 hdg sub A2021-3 s 41\ns 37 sub SL2016-27 s 7\n\nEndnotes\n4 Amendment history\npage 70 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nRepresentative for residents in dispute—Act, s 176 (2)\ns 41 am SL2016-27 s 8\nACAT applications by residents committee\ns 43 am SL2025-14 s 4\nStorage of other uncollected goods\ns 50 am SL2013-21 s 5; ss renum R2 LA\nDisposal of uncollected goods after storage\ns 52 am SL2013-21 s 6; ss renum R2 LA\nPrescribed rate of interest—Act, s 238 (8) (b)\ns 57 hdg sub SL2016-27 s 9\nConsent of residents\npt 11 hdg sub A2022-8 s 225\nConduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)\ns 59 sub A2022-8 s 225\nWhen written ballot required—Act, sch 1, s 1.3 (2)\ns 60 exp 4 March 2018 (s 60 (2))\nins A2022-8 s 225\nConduct of written ballots for special resolutions—Act, sch 1, s 1.5\ns 60A ins A2022-8 s 225\nTransitional\npt 20 hdg om SL2013-21 s 7\nMatters not to be financed by way of recurrent charges—Act, s 159 (4) (b)—\ns 36\ns100 om SL2013-21 s 7\nTime for payment of ingoing contribution instalments\nsch 1 s 1.1A ins A2016-30 s 59\nTransfers\nsch 1 s 1.15 am A2025-22 amdt 1.27, amdt 1.28\nCurrent value of premises\nsch 2 s 2.11 ins A2016-30 s 60\nTime for making ACAT applications\nsch 3 am SL2016-27 s 10\nDefinitions—sch 4\nsch 4 s 4.1 def returning officer am SL2025-1 s 8\nApplication—pt 4.2\nsch 4 s 4.2 sub A2022-8 s 226\n\nEndnotes\nAmendment history 4\nR12\n01/11/25\nRetirement Villages Regulation 2013\nEffective: 01/11/25\npage 71\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nElection of returning officer\nsch 4 s 4.3 am A2022-8 s 227; ss renum R8 LA; SL2025-1 s 9;\nSL2025-14 s 5\nConduct of written ballot\nsch 4 s 4.4 am A2022-8 s 228; ss renum R8 LA; SL2025-1 s 10, s 11; ss\nrenum R10 LA\nAdditional requirements for special resolution\nsch 4 pt 4.3 hdg am A2022-8 s 229\nSpecial resolution—notice\nsch 4 s 4.8 am A2019-10 s 36; ss renum R6 LA; A2022-8 s 230;\nSL2025-1 s 12, s 13\nSpecial resolution—postal vote\nsch 4 s 4.9 am SL2025-1 s 14\nSpecial resolution—quorum\nsch 4 s 4.10 am A2019-10 s 37\nModification of Act\nsch 5 am SL2013-21 s 8, s 9\nexp 4 March 2018 (s 60 (2))\nDictionary\ndict am SL2025-1 s 15, s 16; A2025-22 amdt 1.29, amdt 1.30\ndef prevention of elder abuse strategy ins SL2025-1 s 17\n\nEndnotes\n5 Earlier republications\npage 72 Retirement Villages Regulation 2013\nEffective: 01/11/25\nR12\n01/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\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.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n4 Mar 2013\n","sortOrder":73},{"sectionNumber":"4","sectionType":"section","heading":"Mar 2013–","content":"4 Mar 2013–\n15 Aug 2013\nnot amended new regulation\nR2\n16 Aug 2013\n16 Aug 2013–\n16 Nov 2014\nSL2013-21 amendments by\nSL2013-21\nR3\n17 Nov 2014\n","sortOrder":74},{"sectionNumber":"17","sectionType":"section","heading":"Nov 2014–","content":"17 Nov 2014–\n15 Dec 2016\nA2014-49 amendments by\nA2014-49\nR4\n16 Dec 2016\n","sortOrder":75},{"sectionNumber":"16","sectionType":"section","heading":"Dec 2016–","content":"16 Dec 2016–\n4 Mar 2018\nSL2016-27 amendments by\nA2016-30 and\nSL2016-27\nR5\n5 Mar 2018\n","sortOrder":76},{"sectionNumber":"5","sectionType":"section","heading":"Mar 2018–","content":"5 Mar 2018–\n30 June 2019\nSL2016-27 expiry of provisions\n(s 60, sch 5)\nR6\n1 July 2019\n","sortOrder":77},{"sectionNumber":"1","sectionType":"section","heading":"July 2019–","content":"1 July 2019–\n25 Feb 2021\nA2019-10 amendments by\nA2019-10\nR7\n26 Feb 2021\n","sortOrder":78},{"sectionNumber":"26","sectionType":"section","heading":"Feb 2021–","content":"26 Feb 2021–\n11 May 2022\nA2021-3 amendments by\nA2021-3\nR8\n12 May 2022\n","sortOrder":79},{"sectionNumber":"12","sectionType":"section","heading":"May 2022–","content":"12 May 2022–\n26 Nov 2023\nA2022-8 amendments by\nA2022-8\nR9\n27 Nov 2023\n27 Nov 2023–\n26 May 2025\nA2023-36 amendments by\nA2023-36\nR10\n27 May 2025\n","sortOrder":80},{"sectionNumber":"27","sectionType":"section","heading":"May 2025–","content":"27 May 2025–\n24 July 2025\nSL2025-1 amendments by\nSL2025-1\nR11\n25 July 2025\n","sortOrder":81},{"sectionNumber":"25","sectionType":"section","heading":"July 2025–","content":"25 July 2025–\n31 Oct 2025\nSL2025-14 amendments by\nSL2025-14\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2025","sortOrder":82}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":597},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2013 scope. Major additions include: elder abuse prevention strategies (2025 amendments), detailed written ballot procedures (2022), expanded disclosure requirements, and increasingly prescriptive financial management rules. The contract content requirements (Schedules 1-2) have grown more detailed, and resident voting protections have been strengthened. The original regulation was primarily procedural; it now includes substantive protective mandates and compliance infrastructure."},"complexity_factors":["Extensive cross-referencing to the Retirement Villages Act 2012 (nearly every section references an Act provision)","Multiple schedules with detailed mandatory and prohibited contract terms (Schedules 1 and 2)","Conditional logic for voting quorums and special resolutions varying by village size and title type (Schedule 4)","Nested exceptions in financial provisions (e.g., payroll tax financing allowed only if pre-2013 consent obtained or above threshold)","Time-bound procedural requirements throughout (14-day, 30-day, 60-day, 21-day notice periods depending on context)","Defined terms spanning both the regulation and the parent Act (dictionary plus signpost definitions)","Recent amendments creating layered obligations (elder abuse strategy provisions added 2025)","Multiple calculation methods for fees, interest rates, and budget contingencies"],"plain_english_summary":"This regulation sets mandatory rules for how retirement villages in the ACT must operate: standardised contract terms and bans on unfair clauses, strict financial transparency and resident consent for fee increases, required elder-abuse prevention strategies, protected resident rights and dispute routes, and clear rules for ending residency.  \n\nIt affects residents, operators and prospective residents — bolstering protections for older people, increasing operator accountability, and ensuring clearer, fairer long-term arrangements."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation’s scope has expanded since its original 2013 form to include operational safeguarding and governance duties beyond contract and disclosure rules. Notably, prevention‑of‑elder‑abuse obligations (ss 18A–18C, inserted SL2025‑1) require written strategies, publication and staff familiarity; consent and ballot procedures were tightened (sch 4; s 59 et seq., amended A2022‑8); and disclosure and contract provisions have been amended/expanded (s 7; s 13; schedule 1 amendments cited in the amendment history). These additions shift obligations onto operators for ongoing operational compliance and resident protection."},"complexity_factors":["Extensive cross‑referencing to the Retirement Villages Act and other legislation (eg Planning Act, Human Rights Commission Act) increases legal interdependence (see notes and s 7).","Detailed mandatory content and prohibited terms for village contracts across Schedule 1 and Schedule 2 create numerous drafting and compliance requirements (s 13; sch 1; sch 2).","Multiple prescribed monetary limits and timeframes (eg $200 fees s 10, $10,000 refund s 58, $10,000,000 insurance s 29; various notice periods) raise financial compliance complexity (ss 10, 29, 58).","Prescribed procedures for budgets, recurrent charge amendments and disclosure (ss 32, 35–37, 153) impose multi‑step resident consent and information obligations on operators.","Detailed dispute and ACAT application timing rules (sch 3) and authority for differential orders add procedural complexity for residents and operators.","Operational duties such as condition reports, storage/disposal of uncollected goods, and safety inspection publicity create record‑keeping and operational burdens (ss 11, 49–53, 18).","New safeguarding obligations (prevention‑of‑elder‑abuse strategy ss 18A–18C) broaden regulatory scope from contract/formalities to active operational practices and staff training.","Voting and ballot mechanics (schedule 4) set precise eligibility, quorum and postal vote rules that affect governance processes within villages."],"plain_english_summary":"This regulation prescribes detailed, practical rules for retirement villages in the ACT: what must appear in disclosure statements and village contracts, how recurrent charges and budgets are set and notified, how disputes and contract endings are handled, ballot procedures for residents, and new operator obligations such as a prevention‑of‑elder‑abuse strategy (ss 7, 13, 35, 18A–18C). Operators must prepare documents, manage funds and comply with notice, record‑keeping and publication duties; residents pay ingoing contributions and recurrent charges, vote on major changes, and may apply to ACAT (see sch 3)."}},"importantCases":[],"_links":{"self":"/api/acts/retirement-villages-regulation-2013","history":"/api/acts/retirement-villages-regulation-2013/history","analysis":"/api/acts/retirement-villages-regulation-2013/analysis","conflicts":"/api/acts/retirement-villages-regulation-2013/conflicts","importantCases":"/api/acts/retirement-villages-regulation-2013/important-cases","documents":"/api/acts/retirement-villages-regulation-2013/documents"}}