3Definitions

3 Definitions (1) In this Act— S. 3(1) def. of *annual meeting* amended by No. 69/2006 s. 224(Sch. 3 item 7.1(a)). ***annual meeting*** means— (a) in respect of a retirement village where there is no owners corporation, an annual meeting convened under section 33; and (b) in respect of a retirement village where there is an owners corporation, the annual meeting of the owners corporation; S. 3(1) def. of *arbitrator* repealed by No. 4/2005 s. 3(b). S. 3(1) def. of *ASIC* inserted by No. 32/2020 s. 14. ***ASIC*** has the same meaning as ***Commission*** has in the **Corporations (Victoria) Act 1990**; S. 3(1) def. of *body corporate* substituted by No. 53/1988 s. 45(Sch. 3 item 61) (as amended by No. 47/1989 s. 23(2)), repealed by No. 69/2006 s. 224(Sch. 3 item 7.1(b)). ***by-laws*** means provisions relating to the control management administration use and enjoyment of retirement village land or of the provision of services to residents which apply to a resident— (a) because they are included in or applied by a contract made between the resident and the owner or between the resident and the manager; or (b) because the resident is a member of an association formed in connexion with a retirement village; ***charge*** means the charge created under Part 5; S. 3(1) def. of *close associate* inserted by No. 4/2005 s. 3(a). ***close associate***, in relation to a manager of a retirement village, means— (a) if the manager is a natural person— (i) the spouse, domestic partner, parent, child or sibling of the manager; or (ii) the parent, child or sibling of the spouse or domestic partner of the manager; or (iii) a body corporate of which the manager (or the manager's spouse, domestic partner, parent, child or sibling, or the parent, child or sibling of the spouse or domestic partner of the manager) is a director or secretary; and (b) if the manager is a body corporate— (i) a director or secretary of the body corporate or of a related body corporate (within the meaning of the Corporations Act); or (ii) the spouse, domestic partner, parent, child or sibling of such a director or secretary; or (iii) the parent, child or sibling of the spouse or domestic partner of such a director or secretary; or (iv) a related body corporate; and (c) in either case, an agent or employee of the manager; S. 3(1) def. of *Commis-sioner for Corporate Affairs* repealed by No. 17/1999 s. 43(1)(a). S. 3(1) def. of *committee* amended by No. 69/2006 s. 224(Sch. 3 item 7.1(c)). ***committee*** means— (a) in relation to a retirement village in respect of which there is an owners corporation, the owners corporation; and (b) in relation to a retirement village where there is no owners corporation, the residents committee; ***contract*** includes a lease or other agreement relating to an interest in land; S. 3(1) def. of *Director* inserted by No. 17/1999 s. 43(1)(b), amended by No. 21/2012 s. 239(Sch. 6 item 38.1). ***Director*** means the Director within the meaning of the **Australian Consumer Law and Fair Trading Act 2012**; S. 3(1) def. of *disclosure statement* substituted by No. 4/2005 s. 3(c), amended by No. 2/2013 s. 3(a). ***disclosure statement***, in relation to a retirement village, means a statement, in the form approved by the Director, setting out— (a) the day on which the retirement village notice for the retirement village was lodged with the Registrar of Titles under Part 2; and (b) particulars of any mortgage, charge or other encumbrances over the retirement village land that take priority to the rights of residents of the retirement village under this Act; and (c) particulars of any agreement entered into in relation to the retirement village land relating to the priority of residence rights over earlier encumbrances over the land; and (d) the day on which notification of the charge created by Part 5 over the retirement village land was given to the Registrar of Titles; and (e) any other prescribed matters; S. 3(1) def. of *domestic partner* inserted by No. 27/2001 s. 8(Sch. 6 item 6.1(a)), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 52.1). ***domestic partner*** of a person means— (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); ***exempt organization*** means an exempt organization under Part 1; ***exempt retirement village*** means a retirement village which is an exempt retirement village or is included in a class of exempt retirement villages under Part 1; S. 3(1) def. of *factsheet* inserted by No. 2/2013 s. 3(b). ***factsheet***, in relation to a retirement village, means a summary of information relating to the retirement village prepared in accordance with section 18A(5); ***in-going contribution*** means the payment made— (a) by way of donation because of an understanding between a person and an owner or manager to the effect that, on the making of the donation, the person will be entitled to become a resident of the village; or (b) in consideration of acquiring shares in a company, if those shares confer on the holder the right to become a resident of a retirement village; or (c) in consideration of the right to become a resident— whether paid by or on behalf of the person who wishes to become a resident and whether in a lump sum or by instalments but does not include rent; S. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 93), amended by No. 17/2014 s. 160(Sch. 2 item 86). ***legal practitioner*** means an Australian legal practitioner; S. 3(1) def. of *maintenance charge* inserted by No. 4/2005 s. 3(a). ***maintenance charge*** means a recurring charge payable by a resident for the provision of goods or services by a manager; S. 3(1) def. of *management complaint* inserted by No. 4/2005 s. 3(a). ***management complaint*** means any complaint that a resident has against the manager of a retirement village about— (a) the control, management or administration of the retirement village by the manager; or (b) any action or failure to act by the manager that affects residents' use or enjoyment of the retirement village land; or (c) the provision of services or a failure to provide services by the manager to residents of the retirement village; ***manager*** means— (a) a person who manages a retirement village; and (b) if there is no such person, the owner of retirement village land; ***management contract*** means a contract between a resident and a manager which relates to the provision of services by the manager to the resident; S. 3(1) def. of *non-owner resident* inserted by No. 4/2005 s. 3(a). ***non-owner resident***, in relation to a retirement village, means a person who is a resident of the village, who does not own the land the person occupies as a private residence in the village, and ***premises***, in relation to any such resident, means the land so occupied by that resident; S. 3(1) def. of *owner* amended by No. 85/1998 s. 24(Sch. item 52.1 (a)(b)). ***owner***— (a) in relation to land in an identified folio under the **Transfer of Land Act 1958** or land not under the operation of the **Transfer of Land Act 1958**, means a person who alone or with others is the owner of an estate in fee simple, whether the person is the beneficial owner or holds the land on trust or subject to an equity of redemption or other similar right; and (b) in relation to land under the operation of the **Transfer of Land Act 1958** (other than land in an identified folio under that Act), means a person who alone or with others is registered as the proprietor of an estate in fee simple; S. 3(1) def. of *owner resident* inserted by No. 4/2005 s. 3(a). ***owner resident***, in relation to a retirement village, means a resident of the village who owns the land that the resident occupies as a private residence in the village, and ***premises***, in relation to any such resident, means the land so owned and occupied by that resident; S. 3(1) def. of *owners corporation* inserted by No. 69/2006 s. 224(Sch. 3 item 7.1(d)). ***owners corporation*** has the same meaning as in the **Owners Corporations Act 2006**; S. 3(1) def. of *personal services* inserted by No. 4/2005 s. 3(a). ***personal services***, in relation to services provided by a manager of a retirement village, means those services provided by the manager that a resident of the village may choose to use but which it is not necessary that the manager provide for the purposes of the maintenance of the village; S. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 145.1). ***police officer*** has the same meaning as in the **Victoria Police Act 2013**; ***prescribed amount*** means— (a) $10 000; or (b) if a greater amount is prescribed for the purposes of this definition that greater amount; S. 3(1) def. of *prescribed period* amended by No. 69/2006 s. 224(Sch. 3 item 7.1(e)). ***prescribed period*** means— (a) in respect of a retirement village where there is no owners corporation, the period of 12 months ending 3 months before the date on which the annual meeting is to be held; and (b) in respect of a retirement village where there is an owners corporation, the period to which the accounts presented to the annual meeting are required to relate; ***refundable in-going contribution*** means so much of an in-going contribution as is under a residence contract or this Act— (a) refundable to the resident if the resident leaves the retirement village; or (b) payable to the resident's estate if the resident dies; S. 3(1) def. of *register* inserted by No. 4/2005 s. 3(a). ***register*** means the register kept and maintained by the Director under section 38J; S. 3(1) def. of *related body corporate* inserted by No. 4/2005 s. 3(a). ***related body corporate*** has the same meaning as in the Corporations Act; ***residence contract*** means a contract between an owner and a resident which creates or gives rise to a residence right; S. 3(1) def. of *residence documents* amended by Nos 4/2005 s. 3(e)(i)(ii), 50/2014 s. 44. ***residence documents*** means any of the following— (a) a residence contract; (b) a management contract; (c) a document under which a resident agrees to observe the by-laws, promises to pay an in-going contribution or a recurring charge for the provision of goods or services by a manager; (d) a document which is a prescribed document or contains prescribed information; (e) a disclosure statement completed and signed by the owner; (g) the by-laws; (h) any other document that is prescribed for the purposes of this definition; S. 3(1) def. of *residence right* amended by Nos 4/2005 s. 3(f), 23/2016 s. 27. ***residence right*** means a right of a resident to use residential, hostel or hospital accommodation or other services provided for a retirement village (not being a service provided in a residential care facility) which is created or arises by or under a contract whether the right is expressed as an interest in land or a licence or arises because the resident becomes the holder of shares in a company which provides accommodation or services for a retirement village; S. 3(1) def. of *resident* substituted by No. 4/2005 s. 3(d). ***resident*** means a retired person who lives or proposes to live in a retirement village and— (a) in Part 5 (other than section 32) and in section 34 includes— (i) a person who was a resident of, but has left, a retirement village; and (ii) if a person, who while a resident of a retirement village, has died, the person's legal personal representative; and (b) in section 32 and section 39 includes a person to whom paragraph (a) applies, if that person's entitlements under a residence contract have not yet been paid; S. 3(1) def. of *resident dispute* inserted by No. 4/2005 s. 3(a). ***resident dispute*** means a dispute between residents in a retirement village about any action or failure to act by residents in the retirement village that affects— (a) the use and enjoyment of the retirement village land by other residents in the retirement village; or (b) the use of services by other residents in the retirement village, being services provided to residents in the retirement village by the manager; S. 3(1) def. of *residential care facility* inserted by No. 4/2005 s. 3(a). ***residential care facility*** means any premises— (a) in which— (i) a residential care service; or (ii) a multi purpose service— within the meaning of the Aged Care Act 1997 of the Commonwealth, is operated by an approved provider within the meaning of that Act; and (b) in respect of which an allocation of residential care places or flexible care places is in effect under Division 15 of that Act; ***residents committee*** means a residents committee formed under Part 6; S. 3(1) def. of *retired person* amended by No. 27/2001 s. 8(Sch. 6 item 6.1(b)). ***retired person*** means— (a) a person who has attained the age of 55 or has retired from full time employment; and (b) the spouse or domestic partner of such a person; and (c) if the person mentioned in paragraph (a) has died, the person who was the spouse or domestic partner of that deceased person; S. 3(1) def. of *retirement village* amended by No. 4/2005 s. 3(g). ***retirement village*** means a community— (a) the majority of which is retired persons who are provided with accommodation and services other than services that are provided in a residential care facility; and (b) at least one of whom, before or upon becoming a member of the community, pays or is required to pay an in-going contribution; S. 3(1) def. of *retirement village land* amended by No. 4/2005 s. 3(h). ***retirement village land*** means land used or to be used for the purposes of a retirement village, other than any part of any such land on which a residential care facility is situated; S. 3(1) def. of *retirement village notice* substituted by No. 4/2005 s. 3(i). ***retirement village notice*** means a notice lodged with the Registrar of Titles under section 9(1); ***services*** means any of the following— (a) management and administrative services; (b) gardening, repair and maintenance services; (c) hospital, nursing or medical services including accommodation; (d) shops and other services for the provision of goods to residents; (e) hostel accommodation; (f) laundry services; (g) the provision of meals; (h) services or facilities for the recreation or entertainment of residents; (i) other services for the care or benefit of residents; S. 3(1) def. of *society* inserted by No. 35/1996 s. 453(Sch. 1 item 72.1), repealed by No. 11/2001 s. 3(Sch. item 64.1). ***special resolution*** means a resolution which— (a) is passed at a meeting of which at least 21 days written notice specifying the intention to propose the resolution as a special resolution has been given to all residents; and (b) is passed at a meeting held in accordance with paragraph (a) by a majority of not less than three quarters of the residents living at the retirement village and voting at that meeting; S. 3(1) def. of *spouse* inserted by No. 27/2001 s. 8(Sch. 6 item 6.1(a)). ***spouse*** of a person means a person to whom the person is married; S. 3(1) def. of *Tribunal* inserted by No. 4/2005 s. 3(a). ***Tribunal*** means the Victorian Civil and Administrative Tribunal established under the **Victorian Civil and Administrative Tribunal Act 1998**. (2) If— (a) under Part 6 a resident may vote at an annual meeting; and (b) that resident and another resident or other residents are jointly entitled (whether as joint tenants or tenants in common) to share accommodation at a retirement village— the right to vote conferred by that Part may be exercised by one only of those residents and, if those residents disagree as to which of them is to exercise the right to vote, the resident whose name appears first on the residence contract conferring the joint residence right may exercise the right to vote. S. 3(3) inserted by No. 27/2001 s. 8(Sch. 6 item 6.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 52.2). (3) For the purposes of the definition of ***domestic partner*** in subsection (1)— (a) ***registered relationship*** has the same meaning as in the **Relationships Act 2008**; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the **Relationships Act 2008** as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants.