Retirement Villages Act 1995 (Northern Territory)

The Retirement Villages Act 1995 creates a statutory regulatory framework for retirement villages in the Northern Territory. Mechanically, it does the following.

Defines key terms and scope: it sets definitions for administering authority, resident, residence contract, premium, recurrent charge, retirement village and related terms (s 3). The Act applies to retirement villages to which a code applies, subject to ministerial exemption power (s 5(1)-(2)). It requires notation in land title records where land is used or to be used as a retirement village (s 36).
Establishes a regulator role and public advocate: the Commissioner of Consumer Affairs is given investigatory, complaint-resolution, prosecutorial and information roles for retirement villages (s 6-11). The Commissioner may institute or defend Court proceedings on behalf of residents (s 7-8).
Confers rights and judicial remedies for residents: residence contracts may be enforced against administering authorities (s 12). The Court is given an extensive remedial jurisdiction to resolve disputes, make orders for specific performance, injunctions, termination of contracts, compensation, and to review or set aside residence rules (s 13, s 29). The Court’s jurisdiction is generally the Local Court or, where out of its monetary limit, the Supreme Court (s 3(5)).
Regulates termination and possession: occupation rights terminate only on limited grounds (death, contractual termination, abandonment or Court order) (s 14). The Act prescribes processes for termination on medical grounds (s 15), breach (s 16), and serious damage or injury (s 19). Recovery of possession is prohibited except by Court order, with a specific offence and penalty (s 22). Enforcement mechanisms include warrants, bailiffs and police assistance (s 23).

NORTHERN TERRITORY OF AUSTRALIA RETIREMENT VILLAGES ACT 1995 As in force at 20 November 2020 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Interpretation ................................................................................... 1 4 Act binds Crown .............................................................................. 3 5 Application of Act ............................................................................. 3 Part 2 Commissioner 6 Functions and powers of Commissioner .......................................... 4 7 Commissioner may institute or defend proceedings ........................ 4 8 Conduct of proceedings by Commissioner ...................................... 4 9 Delegation by Commissioner ........................................................... 5 10 Exclusion of liability ......................................................................... 5 11 Annual report ................................................................................... 5 Part 3 Rights of residents and administering authorities 12 Contractual rights of residents ......................................................... 5 13 Applications to Court relating to disputes ........................................ 7 14 Termination of right to occupy premises in retirement village .......... 9 15 Termination of occupation on medical grounds ............................... 9 16 Termination of occupation on grounds of breach of residence contract or rules ............................................................................. 11 17 Parties to minimise loss from breach of residence contract ........... 12 18 Court may waive defect in notice of intention to terminate ............ 12 19 Court may terminate residence contract where resident causes serious damage or injury ................................................... 12 20 Court may terminate residence contract where administering authority would otherwise suffer undue hardship........................... 13 21 Suspension or refusal of orders for termination ............................. 13 22 Recovery of possession of premises prohibited except by order .............................................................................................. 14 23 Enforcement of orders for possession ........................................... 14 24 Liability of resident remaining in possession.................................. 15 25 Abandoned premises ..................................................................... 15 26 Right of administering authority to compensation where resident abandons premises .......................................................... 16

Retirement Villages Act 1995 ii 27 Goods abandoned by resident after residence contract is terminated...................................................................................... 16 28 Operation of termination provisions, &c. ........................................ 17 29 Review of residence contract by Court .......................................... 17 Part 4 Proceedings before Court 30 Limits on orders by Court............................................................... 17 31 Extension of time ........................................................................... 18 32 Notice of hearing ........................................................................... 18 33 Proceedings before Court .............................................................. 18 34 Presentation of cases .................................................................... 18 35 Reference of certain matters concerning administering authorities ...................................................................................... 19 Part 5 Miscellaneous 36 Notation of Register ....................................................................... 19 36A Removal of notation from Register ................................................ 20 37 Insurance by administering authority ............................................. 21 38 Money paid by residents to administering authority ....................... 22 39 Contracting out prohibited.............................................................. 22 40 Unauthorised use of retirement village prohibited.......................... 23 41 Costs of administration .................................................................. 23 42 Disclosure of information ............................................................... 23 43 Powers of authorised officers ........................................................ 24 44 Application of Consumer Affairs and Fair Trading Act 1990 to codes prescribed under this Act .................................................... 24 45 Offences by corporations ............................................................... 24 46 Offences ........................................................................................ 25 47 Service of documents .................................................................... 25 48 Codes of practice........................................................................... 25 49 Jurisdiction of Anti-Discrimination Commissioner .......................... 27 50 Rules, &c., imposing restrictions based on whether persons are retired persons ........................................................................ 27 51 Regulations .................................................................................... 27 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 20 November 2020

RETIREMENT VILLAGES ACT 1995 An Act to regulate the operation of retirement villages and to confer on the courts powers in respect of certain matters relating to retirement villages and for related purposes Part 1 Preliminary 1 Short title This Act may be cited as the Retirement Villages Act 1995. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Interpretation (1) In this Act, unless the contrary intention appears: administering authority, in relation to a retirement village, means the person by or on whose behalf the retirement village is administered and includes a person (other than a resident) who owns land within the village. authorised officer means a person who is an authorised officer under the Consumer Affairs and Fair Trading Act 1990. code means a code of practice prescribed under the Consumer Affairs and Fair Trading Act 1990 or this Act which relates to retirement villages. Commissioner means the Commissioner of Consumer Affairs appointed under the Consumer Affairs and Fair Trading Act 1990. premium means a payment (including a gift) made to the administering authority of a retirement village in consideration for, or in contemplation of, admission of the person by or on whose behalf the payment was made as a resident of the retirement village (including any such payment made for the purchase of a residential unit in the retirement village or for the purchase, issue or

Part 1 Preliminary Retirement Villages Act 1995 2 assignment of shares conferring a right to occupy any such residential unit) but does not include: (a) a payment excluded by the Regulations; and (b) a recurrent charge. recurrent charge means an amount (including rent) payable by a resident to the administering authority of a retirement village on a recurrent basis. Register means the Register within the meaning of the Land Title Act 2000. registered means registered under the Land Title Act 2000. residence contract means a contract, agreement, scheme or arrangement by which a person obtains the right to occupy residential premises in a retirement village, and may take the form of a lease or licence. residence rules means the rules with which residents of a retirement village are expected by the administering authority to comply, but does not include any articles or by-laws (to which the residents are subject) in force under the Unit Titles Act 1975. resident, in relation to a retirement village, means a person who occupies residential premises in a retirement village under a residence contract, and includes a person who occupies such premises and who is or was a spouse or de facto partner of such a person. residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence. retired person means a person who has attained the age of 55 years or retired from full-time employment or a person who is or was a spouse or de facto partner of such a person. retirement village means a complex containing residential premises (whether or not including hostel units) predominantly or exclusively occupied or intended to be predominantly or exclusively occupied by retired persons. (2) For the purpose of determining whether a contract, agreement, scheme or arrangement is a residence contract it does not matter that the person granted the right of occupation is a corporation if the premises are used, or intended for use, as a residence by a natural person.

Part 1 Preliminary Retirement Villages Act 1995 3 (3) For the purposes of the definition of administering authority, where land within a retirement village is the subject of title under the Unit Titles Act 1975 or Unit Title Schemes Act 2009, the body corporate established, or the corporation formed, for the land by that Act may be the administering authority of the retirement village. (4) Where a corporation established under the Unit Titles Act 1975, or a body corporate formed under Unit Title Schemes Act 2009, is the administering authority of a retirement village, it: (a) shall comply with the rules laid out in that Act in respect of the processes to be followed in making decisions as the administering authority; and (b) may hold meetings required by this Act or a code relating to the retirement village in conjunction with meetings required under that Act. (5) In this Act, a reference to the Court means: (a) the Local Court; or (b) where the jurisdictional limit of the Local Court is exceeded, the Supreme Court except where the parties consent in writing to the Local Court hearing and determining the proceedings. (6) Land shall not be taken to be subdivided for the purposes of the Planning Act 1999 by the grant of a right to occupy residential premises in a retirement village under a residence contract. 4 Act binds Crown (1) This Act binds the Crown in right of the Territory and, in so far as the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. (2) Nothing in this Act renders the Crown liable to be prosecuted for an offence. 5 Application of Act (1) Subject to subsection (2), this Act applies to a retirement village to which a code applies, whether established before or after the commencement of this Act, and applies notwithstanding the terms of any contract, agreement, scheme or arrangement, whether made before or after the commencement of this Act.

Part 2 Commissioner Retirement Villages Act 1995 4 (2) The Minister may, by notice in writing, exempt a retirement village from all or specified provisions of this Act or any other Act for such period and subject to such conditions as the Minister thinks fit and specifies in the notice. Part 2 Commissioner 6 Functions and powers of Commissioner (1) The functions of the Commissioner are: (a) to investigate and carry out research into matters relating to or affecting retirement villages; (b) to investigate and attempt to resolve complaints by residents and administering authorities of retirement villages and to take such action, including prosecution for any offence, as the Commissioner thinks appropriate; (c) to distribute information about the services provided by the Commissioner and the Court in relation to residents of retirement villages and to promote awareness of the rights and responsibilities of residents and persons involved in the retirement village industry; and (d) to investigate and report on any matters, or make inquiries in relation to any matters, referred to the Commissioner by the Minister or by the Court in connection with this Act. (2) The Commissioner has power to do all things that are necessary or convenient to be done for or in connection with or incidental to the performance of his or her functions. 7 Commissioner may institute or defend proceedings The Commissioner may, at the Commissioner's sole discretion, institute or defend proceedings before the Court for or on behalf of a resident of a retirement village. 8 Conduct of proceedings by Commissioner If the Commissioner institutes or defends proceedings before the Court on behalf of a resident of a retirement village: (a) the Commissioner shall have the conduct of those proceedings on behalf of the resident, may appear personally or by a legal practitioner or agent and may do all such things as are necessary or expedient to give effect to an order or a decision of the Court;

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 5 (b) the Commissioner is liable to pay the costs (if any) of the resident; and (c) the resident is liable to pay any other amount that the Court orders the resident to pay. 9 Delegation by Commissioner (1) The Commissioner may, in writing, delegate to a person, including the person from time to time holding, acting in or performing the duties of, an office, designation or position, any of the Commissioner's powers and functions under this Act, other than this power of delegation. (2) A delegation under subsection (1) does not prevent the exercise of a power or the performance of a function by the Commissioner. 10 Exclusion of liability No action or proceeding, criminal or civil, shall be commenced or lie against the Commissioner, a delegate of the Commissioner or any person acting for or on behalf of the Commissioner in respect of an act or thing done or omitted to be done in good faith for the purpose of executing this Act. 11 Annual report (1) The Commissioner shall submit annually to the Minister a report on the operation of this Act during that year. (2) The Minister shall, within 6 sitting days of the Legislative Assembly after receiving a report submitted under subsection (1), lay a copy of the report before the Assembly. (3) A report under subsection (1) may be included in a report prepared by the Commissioner under the Consumer Affairs and Fair Trading Act 1990. Part 3 Rights of residents and administering authorities 12 Contractual rights of residents (1) A residence contract may be enforced against the administering authority, from time to time, of the retirement village. (2) Where a premium is paid under a residence contract providing that it will be repaid in whole or in part on the happening of a contingency and the contingency occurs, the resident or a person

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 6 claiming on behalf of the resident may recover the amount that is repayable as a debt from the administering authority, from time to time, of the retirement village. (3) Proceedings will not lie against the owner of land within a retirement village for the enforcement of rights under subsection (1) or (2) unless: (a) the owner is a party to the residence contract under which the premium is repayable; (b) the owner is the sole administering authority of the retirement village; or (c) an administering authority, other than the owner, has failed to satisfy an order of the Court given for the enforcement of those rights. (4) The right of a resident to repayment of a premium, or part of a premium, is a charge on land within the retirement village other than: (a) a residential unit owned by a resident; or (b) common property as defined in the Unit Titles Act 1975 or Unit Title Schemes Act 2009 in relation to subdivided land that is the retirement village. (5) The charge referred to in subsection (4) is an overriding statutory charge within the meaning of the Land Title Act 2000. (6) A charge referred to in subsection (4) can only be enforced: (a) with the approval of the Court; and (b) subject to any conditions to which the Court's approval is subject. (7) In considering whether to give its approval under subsection (6), the Court shall have regard to the rights and interests of other residents of the retirement village who have charges on the land within the retirement village. (8) Where the Court approves the enforcement of a charge under subsection (6), the charge may, subject to the conditions of the Court, be enforced in the same way as an overriding statutory charge registered under the Land Title Act 2000.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 7 13 Applications to Court relating to disputes (1) If a resident or the administering authority of a retirement village claims that: (a) a dispute has arisen between the resident and the authority or the authority and one or more residents or the resident and another resident; and (b) all procedures for settlement of the dispute under any applicable code (otherwise than by reference of the dispute to the Court) have been exhausted without resolving the dispute to the satisfaction of the resident or the authority or, if there are no such procedures, the dispute has not been resolved, the resident or authority may apply to the Court for an order in respect of the dispute. (2) The Court shall not hear an application under subsection (1) (other than an application relating to a dispute arising out of the transfer or the proposed transfer of a resident of a retirement village from one kind of accommodation in the retirement village to another) unless it is of the opinion that: (a) the dispute materially affects a party to the dispute; or (b) it is in the public interest to do so. (3) The Court may, on application by a resident or an administering authority under this section, make one or more of the following orders: (a) an order that: (i) restrains the administering authority from transferring the resident from one kind of accommodation in the retirement village to another; or (ii) requires the resident to transfer, or the authority to transfer the resident, from one kind of accommodation in the village to another; (b) an order terminating the residence contract of the resident; (c) an order that: (i) restrains any action in breach of any residence contract or residence rule; or

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 8 (ii) requires the performance of any residence contract or residence rule; or (d) an order that the resident or authority perform such work or take such other steps as the order specifies to remedy a breach of a residence contract; (e) an order for the payment of an amount of money; (f) an order for compensation; (g) an order that requires payment to the Court of part or all of any money payable by a resident to the authority until the whole or part of any residence contract has been performed or any application for compensation has been determined; or (h) an order that requires payment (out of money paid to the Court) towards the cost of remedying a breach of a residence contract or towards the cost of any compensation. (4) An order under subsection (3)(c) may be made even though it provides a remedy in the nature of an injunction or order for specific performance in circumstances in which such a remedy would not otherwise be available. (5) If a resident or an administering authority of a retirement village claims that: (a) a residence rule is unconscionable, harsh or oppressive or contravenes an applicable code; and (b) all procedures for settlement of a dispute relating to the rule under any applicable code or Act (otherwise than by reference of the dispute to the Court) have been exhausted without resolving the dispute to the satisfaction of the resident or authority or, if there are no such procedures, the dispute has not been resolved, the resident or authority may apply to the Court for an order under subsection (6). (6) The Court may, on application by a resident or an administering authority under subsection (5), make an order: (a) setting aside the residence rule; or (b) modifying the operation of the rule, either in its application to the resident or to some or all of the residents of the retirement village.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 9 (7) If the Court makes an order terminating a residence contract under this section, the Court shall fix, in the order, a date by which the resident must vacate the residential premises. (8) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority. (9) An application under this section may be made during the currency or after the termination of a residence contract. (10) For the purpose of determining any application under this section with respect to a dispute arising out of the transfer or proposed transfer of a resident of a retirement village from one kind of accommodation in the retirement village to another, the Court may: (a) with the consent of the resident, request the Chief Health Officer or any other person or any body to prepare a report with respect to the resident's physical or mental capacity; and (b) have regard to any such report and any other report prepared on behalf of the resident or the administering authority of the retirement village. 14 Termination of right to occupy premises in retirement village A resident of a retirement village who is entitled to occupy residential premises under a residence contract has a right of occupation that terminates only in one of the following circumstances: (a) when the resident dies; (b) if the residence contract is terminated by the resident in accordance with the residence contract; (c) if the resident abandons the residential premises; (d) if the residence contract is terminated by the Court under this Act. 15 Termination of occupation on medical grounds (1) If the administering authority of a retirement village is of the opinion that residential premises occupied by a resident of the retirement village are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident, the authority may apply to the Court for an order terminating the resident's residence contract and fixing a date by which the resident must vacate the residential

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 10 premises occupied by the resident. (2) The Court may, on application by an administering authority under this section, make an order terminating the residence contract, but only if: (a) it is satisfied that any procedures specified under any applicable code or Act or the residence contract for giving notice of intention to terminate the residence contract and for termination of the contract have been complied with by the authority; and (b) it is of the opinion that: (i) the residential premises occupied by the resident are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident; and (ii) having considered the circumstances of the case, it is otherwise appropriate to make an order terminating the residence contract. (3) The Court shall not form an opinion under subsection (2)(b)(i) unless it has considered a medical report with respect to the resident prepared by a medical practitioner nominated by the resident or, if such a report is not supplied or a nomination is not made, has given the resident a reasonable opportunity to supply such a report or make such a nomination. (4) In determining whether to terminate a residence contract under this section, the Court may: (a) with the consent of the resident, request the Chief Health Officer or any other person or any body to prepare a report with respect to the resident's physical or mental capacity; and (b) have regard to any such report and any other report prepared on behalf of the resident or the administering authority, and shall have regard to any terms of the residence contract relating to the transfer of the resident to other residential premises in the retirement village. (5) If the Court makes an order terminating a residence contract under this section, the Court shall fix in the order a date by which the resident must vacate the residential premises occupied by the resident.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 11 (6) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority. 16 Termination of occupation on grounds of breach of residence contract or rules (1) If: (a) a resident of a retirement village breaches the resident's residence contract or the residence rules of a retirement village; and (b) any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the residence contract have been complied with by the administering authority of the retirement village, the authority may apply to the Court for an order terminating the contract and fixing a date by which the resident must vacate the residential premises occupied by the resident. (2) The Court may, on application by an administering authority under this section, make an order terminating the residence contract, but only if it is satisfied that: (a) the breach, in the circumstances of the case, is such as to justify termination of the contract; (b) persistent breaches by the resident are, in the circumstances of the case, such as to justify termination of the contract; or (c) having considered the circumstances of the case, it is otherwise appropriate to do so. (3) In addition to any order the Court may make under subsection (2) it may, in proceedings under this section, make an order: (a) setting aside a residence rule; or (b) modifying the operation of a rule, either in its application to a resident or to some or all of the residents of a retirement village, if it is of the opinion that the rule is unconscionable, harsh or oppressive or contravenes any applicable code.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 12 (4) The Court may make an order under subsection (3) whether or not any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate a residence contract or for termination of the residence contract or for the settlement of a dispute have been complied with. (5) If the Court makes an order terminating a residence contract under this section, the Court shall fix in the order a date by which the resident must vacate the residential premises occupied by the resident. (6) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority. 17 Parties to minimise loss from breach of residence contract (1) The rules of law relating to mitigation of loss or damage on breach of a contract apply to a breach of a residence contract. (2) Nothing in this section affects the operation of section 26. 18 Court may waive defect in notice of intention to terminate The Court may, if it thinks it appropriate to do so in the special circumstances of the case, make an order terminating a residence contract under section 15 or 16 even though any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract have not been complied with. 19 Court may terminate residence contract where resident causes serious damage or injury (1) The Court may, on application by the administering authority of a retirement village, make an order terminating a residence contract if it is satisfied that the resident has intentionally or recklessly caused or permitted, or is likely intentionally or recklessly to cause or permit: (a) serious damage to the residential premises; or (b) injury to the authority or an employee of the authority or any other resident.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 13 (2) If the Court makes an order terminating a residence contract under this section, the Court: (a) shall fix in the order a date by which the resident must vacate the residential premises; and (b) may make such other orders (including an order that the resident pay compensation to the administering authority or that the authority pay to the resident compensation for the resident's loss of rights under the contract) as it thinks fit. (3) An application under this section may be made whether or not the administering authority has given notice of intention to terminate the residence contract. 20 Court may terminate residence contract where administering authority would otherwise suffer undue hardship (1) The Court may, on application by the administering authority of a retirement village, make an order terminating a residence contract if it is satisfied that the authority would, in the special circumstances of the case, suffer undue hardship if the contract were not terminated. (2) If the Court makes an order terminating a residence contract under this section, the Court: (a) shall fix in the order a date by which the resident must vacate the residential premises; and (b) may make such other orders (including an order that the administering authority pay to the resident compensation for the resident's loss of rights under the contract) as it thinks fit. 21 Suspension or refusal of orders for termination (1) The Court may suspend the operation of an order fixing a date by which a resident of a retirement village must vacate residential premises if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused by the suspension to: (a) the resident; and (b) other residents or the administering authority of the retirement village. (2) The Court may, as a condition of the suspension of the operation of an order for possession, require the resident to pay to the administering authority an occupation fee specified by the Court for the period for which the order for possession is suspended.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 14 (3) The Court may refuse to make an order terminating a residence contract if it is satisfied that: (a) the administering authority was wholly or partly motivated to terminate the contract by the fact that: (i) the resident had applied or proposed to apply to the Court for an order; (ii) the resident had complained to a governmental authority or had taken some other action to secure or enforce his or her rights as a resident; or (iii) an order of the Court was in force in relation to the resident and the authority; or (b) in the case of an application by an authority under section 16 the resident remedied the breach concerned. 22 Recovery of possession of premises prohibited except by order (1) A person shall not, except in accordance with a judgment, warrant or order of a court, enter residential premises occupied by a resident of a retirement village under a residence contract for the purpose of recovering possession of the premises. Maximum penalty: 175 penalty units. (2) This section applies to a person who enters residential premises, whether on his or her own behalf or on behalf of another person. (3) A court before which proceedings for an offence under this section are brought may (in addition to any other penalty) order the person who committed the offence or any person on whose behalf that person acted to pay to the person entitled to occupy the premises concerned such compensation as it thinks fit. 23 Enforcement of orders for possession (1) If an order fixing a date for vacation of residential premises occupied by a resident of a retirement village under a residence contract is made by the Court, a registrar of the Court: (a) on the application of the person in whose favour the order was made; and (b) if satisfied that the order or a condition of suspension of the order has not been complied with,

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 15 issue a warrant, in or to the effect of the prescribed form, authorising a bailiff to enter the residential premises and to give possession to the person in whose favour the order was made. (2) A bailiff enforcing an order for possession of residential premises may enter the premises and take all such steps as are reasonably necessary to enforce the order and shall produce to any person occupying the premises the warrant authorising the enforcement. (3) A member of the Police Force may, at the request of a bailiff, assist the bailiff to enforce the order for possession. (4) A bailiff enforcing an order for possession of residential premises may use such force as is reasonably necessary for that purpose. (5) A person shall not hinder or obstruct a bailiff in the exercise of the powers conferred by this section. (6) No matter or thing done by a bailiff or member of the Police Force, in the exercise or purported exercise of a power conferred by this section, shall, if the matter or thing was done in good faith for the purpose of enforcing an order for possession, subject the bailiff or member of the Police Force personally to any action, liability, claim or demand. 24 Liability of resident remaining in possession (1) If a resident of a retirement village fails to comply with an order made by the Court fixing a date for vacation of residential premises, the resident is liable to pay compensation to the administering authority of the retirement village for any loss caused to the authority by that failure. (2) The Court may, on application by an administering authority under this section made not later than 30 days after the day on which the order fixing the date for vacation of the residential premises took effect, order the resident to pay to the authority such compensation as it thinks fit. 25 Abandoned premises (1) The Court may, on application by the administering authority of a retirement village, make an order that declares that residential premises occupied by a resident of the retirement village were abandoned by the resident on a day specified by the Court. (2) The resident shall be taken for the purposes of this Act to have abandoned the residential premises on that day.

Part 3 Rights of residents and administering authorities Retirement Villages Act 1995 16 26 Right of administering authority to compensation where resident abandons premises (1) If a resident of a retirement village abandons the residential premises, the resident is liable to pay compensation to the administering authority of the retirement village for any loss (including loss of rent) caused by the abandonment. (2) The administering authority shall take all reasonable steps to mitigate the loss and is not entitled to compensation for any loss that could have been avoided by taking those steps. (3) The Court may, on application by the administering authority, order the resident to pay to the authority such compensation (including compensation for loss of rent) as it thinks fit. 27 Goods abandoned by resident after residence contract is terminated (1) If a residence contract is terminated and goods are left on the residential premises by a former resident of a retirement village, the administering authority of the retirement village may: (a) apply to the Court for an order under this section; or (b) dispose of the goods in accordance with any provision made for the purpose by the Regulations, or both. (2) The Court may, on application by an administering authority under this section, make any one or more of the following orders: (a) an order authorising the removal, destruction or disposal of the goods; (b) an order authorising the sale of the goods; (c) an order directing that notice of any action or proposed action in relation to the goods be given to the former resident or any other person; (d) an order as to the manner of sale of the goods; (e) an order as to the proceeds of sale of the goods; (f) any ancillary order which the Court, in the circumstances, thinks appropriate.

Part 4 Proceedings before Court Retirement Villages Act 1995 17 (3) A purchaser of goods sold by an administering authority in accordance with an order of the Court or the Regulations acquires a good title to the goods in defeasance of the interest of the former resident or any other person who has an interest in the goods. (4) An administering authority does not incur any liability in respect of the removal, destruction, disposal or sale of goods in accordance with an order of the Court or the Regulations. 28 Operation of termination provisions, &c. Sections 13, 14, 22, 23, 24, 25, 26 and 27 and the rights of termination of residence contracts and of recovery of possession of residential premises under this Part are subject to any rights of a resident of a retirement village: (a) arising because the resident has the freehold of residential premises; or (b) acquired under a contract between the administering authority and the resident. 29 Review of residence contract by Court Where, in proceedings before the Court, there is evidence which satisfies the Court that a residence contract or a part of a residence contract is harsh and unconscionable or is otherwise such that a Court of Equity would give relief, the Court may set aside the residence contract, in whole or in part, or revise or alter the residence contract as it thinks fit. Part 4 Proceedings before Court 30 Limits on orders by Court (1) The Court shall not make orders under this Act that are: (a) inconsistent with any applicable code; or (b) inconsistent with a residence contract. (2) Subsection (1) does not apply to a provision of a residence contract that contravenes section 39.

Part 4 Proceedings before Court Retirement Villages Act 1995 18 31 Extension of time (1) Notwithstanding any other provision of this Act, the Court may, of its own motion or on application by any person, extend or reduce the period of time for the doing of anything under an applicable code, this Act or the Regulations. (2) An application under subsection (1) may be made even though the relevant period of time has expired. 32 Notice of hearing (1) The Court must cause notice of proceedings under this Act to be given to the following persons: (a) if a party to the proceedings has a guardian under the Guardianship of Adults Act 2016 – that guardian; (c) if a party to the proceedings has a registered enduring power (as defined in section 5 of the Powers of Attorney Act 1980) – the donor of that power; (d) if the Court is aware that a party to the proceedings has a decision maker (as defined in section 3 of the Advance Personal Planning Act 2013) who has authority for matters relevant to the proceedings – that decision maker. (2) The Court may cause notice of the proceedings to be given to any other person the Court thinks fit. 33 Proceedings before Court The Court or a registrar of the Court may, in respect of any proceedings or proposed proceedings before the Court under this Act, request a report or other assistance from the Commissioner, the Chief Health Officer or any other person or body. 34 Presentation of cases (1) The administering authority of a retirement village may, with the approval of the Court, be represented by the authority's agent in proceedings before the Court under this Act. (2) The Court shall not approve of an administering authority's agent representing the authority in proceedings unless it appears to the Court that the agent should be permitted to represent the authority in the course of carrying out his or her usual functions as the authority's agent.

Part 5 Miscellaneous Retirement Villages Act 1995 19 35 Reference of certain matters concerning administering authorities The Court may, where it considers it appropriate, bring or cause to be brought to the attention of the Commissioner the conduct of the administering authority of a retirement village in a particular matter. Part 5 Miscellaneous 36 Notation of Register (1) Where land is or is to be used as a retirement village, a record of that fact shall be made in the Register. (2) The registered proprietor, within the meaning of the Land Title Act 2000, of land referred to in subsection (1) shall apply, in the prescribed form, to the Registrar-General for the recording in the Register of the fact as required by that subsection: (a) if the retirement village was established before the commencement of this Act, not later than 3 months after that commencement; or (b) in any other case, before any person is admitted to occupation of residential premises of the retirement village or before any person pays the whole or any part of a premium. Maximum penalty: 265 penalty units in the case of an individual. 1325 penalty units in the case of a body corporate. (3) Where land is subject to the Unit Titles Act 1975, an application under subsection (2) shall be made by the corporation constituted under that Act for the units or building lots on the land. (3A) If the land is scheme land of a scheme as defined in the Unit Title Schemes Act 2009, the body corporate (as defined in that Act) of the scheme must make an application under subsection (2) for the units of the scheme. (4) The Registrar-General, on receiving an application under subsection (2), shall notify each person who holds a registered mortgage, registered charge or registered encumbrance over land to which the application relates of the making of the application and that the Registrar-General will make a record in the Register that the land is or is to be used as a retirement village.

Part 5 Miscellaneous Retirement Villages Act 1995 20 (5) The Registrar-General shall, on making a record in the Register that land is or is to be used as a retirement village, notify the owner of the land that the record has been made. (6) Where this section requires a notice to be given to a person, the requirement is satisfied if the notice is: (a) given personally to the person; (b) sent by security post or certified post or by facsimile: (i) to the address for service noted in the Register; (ii) in the case of a corporation, either to that address or to the address of the corporation's registered office for the purposes of the Corporations Act 2001; or (iii) where the address or addresses authorised by subparagraphs (i) and (ii) appear to the Registrar- General to be unsatisfactory, to any other address which the Registrar-General may consider appropriate; or (c) published in such manner as the Registrar-General may direct. 36A Removal of notation from Register (1) This section applies if a record is made in the Register under section 36(1) about land and the land is not used, or is not to be used, as a retirement village. (2) The registered proprietor of the land may apply, in the prescribed form, to the Registrar-General for removal of the record from the Register. (3) The Registrar-General must give written notice about the application, and his or her intention to remove the record, to each person who holds a registered mortgage, registered charge or registered encumbrance over land to which the application relates. (4) A person given a notice under subsection (3) may object, in the prescribed form, to the application. (5) The objection must be given to the Registrar-General within 20 working days after the person is given the notice under subsection (3).

Part 5 Miscellaneous Retirement Villages Act 1995 21 (6) If an objection is made on the grounds that the land is used, or is to be used, as a retirement village, the Registrar-General must not remove the record from the Register unless the objection is withdrawn. (7) If satisfied the land is not used, or is not to be used, as a retirement village, the Registrar-General must remove the record from the Register. (8) The Registrar-General must give written notice to the owner of the land about the removal of the record within 5 working days after the removal. (9) In this section: registered proprietor means a registered proprietor as defined in section 4 of the Land Title Act 2009. working day means a day that is not a Saturday, Sunday or public holiday as defined in section 4(1) of the Public Holidays Act 1981. 37 Insurance by administering authority (1) An administering authority of a retirement village shall insure and keep insured all buildings and other improvements on the land within the retirement village for their replacement value from time to time against all the following risks: (a) fire, lightning, tempest, earthquake and explosion; (b) riot, civil commotion, strikes and labour disturbances; (c) malicious damages; (d) bursting, leaking and overflowing of boilers, water tanks, water pipes and associated apparatus; (e) impact of aircraft (including parts of, and object falling from aircraft) and of road vehicles, horses and cattle. (2) An administering authority of a retirement village shall, on the written request of a resident, produce for inspection by the resident a copy of the policy of insurance effected by the administering authority in accordance with subsection (1) and the receipt for premiums paid under the policy. (3) Where an administering authority of a retirement village receives insurance money in respect of damages to, or destruction of, any building or improvement on the land within the retirement village, it shall, without delay, pay the money into a trust account and shall

Part 5 Miscellaneous Retirement Villages Act 1995 22 apply the money only to rebuilding and reinstating the building or improvement. (4) Notwithstanding subsection (3), the residents and the administering authority of a retirement village may agree to insurance money received as a result of the damage or destruction of a building or improvement being applied for a purpose other than the rebuilding or reinstatement of the building or the improvement. 38 Money paid by residents to administering authority (1) Subject to subsection (2), where the residents of a retirement village are required by the residence contract to pay money to the administering authority to pay for the maintenance of premises on the land within the retirement village or to make provision for future liabilities and the replacement of capital items, the administering authority shall pay the money into a trust account and may only invest the money in such manner as trust funds may be invested under the Trustee Act 1893. (2) Where the Minister is satisfied that: (a) an administrative authority has sufficient assets to meet its obligations concerning future liabilities under this Act; or (b) it is in the best interest of the residents of a retirement village, the Minister may exempt an administrative authority from the requirements of subsection (1). 39 Contracting out prohibited (1) Except as provided by subsection (2), this Act has effect notwithstanding anything to the contrary in any contract, agreement, scheme or arrangement, and no residence contract or other contract, agreement, scheme or arrangement (whether oral or wholly or partly in writing, and whether made or entered into before or after the commencement of this section) operates to annul, vary or exclude any of the provisions of this Act. (2) Nothing in subsection (1) derogates from the rights of a resident arising out of a residence contract entered into before the commencement of that subsection.

Part 5 Miscellaneous Retirement Villages Act 1995 23 (3) A person shall not enter into any contract, agreement, scheme or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Maximum penalty: 40 penalty units in the case of an individual. 440 penalty units in the case of a body corporate. 40 Unauthorised use of retirement village prohibited A person shall not, in respect of a complex of residential premises or a proposed development of such a complex, use the term retirement village or words that may be taken to mean that the complex or proposed development is a retirement village unless the complex or proposed development is one to which this Act applies. Maximum penalty: 265 penalty units in the case of an individual. 1325 penalty units in the case of a body corporate. 41 Costs of administration (1) There shall be paid such contributions as is determined, from time to time, by the Minister primarily responsible for the administration of the Agents Licensing Act 1979 out of the Fidelity Fund established under that Act for payment of the costs of the administration of this Act (including the costs of obtaining a report or other assistance from the Chief Health Officer). (2) Contributions referred to in this section shall be paid in the manner determined by the Treasurer. 42 Disclosure of information A person shall not disclose any information obtained in connection with the administration or execution of this Act unless the disclosure is made: (a) with the consent of the person from whom the information was obtained; (b) in connection with the execution of this Act; (c) for the purposes of any legal proceedings arising out of this Act or of any report of any such proceedings;

Part 5 Miscellaneous Retirement Villages Act 1995 24 (d) in accordance with a requirement imposed under the Ombudsman Act 2009; or (e) with other lawful excuse. Maximum penalty: 20 penalty units. 43 Powers of authorised officers An authorised officer may, at any time, enter and remain in a retirement village for the purpose of: (a) observing the operations of the retirement village; (b) recording the operations of the retirement village; and (c) ascertaining whether this Act, the Regulations or codes applying to the retirement village are being complied with. (2) A person shall not, without reasonable excuse, obstruct or hinder an authorised officer in the exercise of his or her powers under this Act. 44 Application of Consumer Affairs and Fair Trading Act 1990 to codes prescribed under this Act The Consumer Affairs and Fair Trading Act 1990 applies to and in relation to a code prescribed under this Act as if the code were a code prescribed under that Act. 45 Offences by corporations (1) If a corporation contravenes any provision of this Act or the regulations, each person who is a director of the corporation or who is concerned in the management of the corporation shall be taken to have contravened the same provision if the person knowingly authorised or permitted the contravention. (2) A person may be proceeded against and convicted under a provision pursuant to subsection (1) whether or not the corporation has been proceeded against or been convicted under that provision. (3) Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act or the Regulations.

Part 5 Miscellaneous Retirement Villages Act 1995 25 46 Offences A person who is in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a provision of this Act or the Regulations is guilty of an offence against this Act or the Regulations and liable to the same penalty as a person who contravenes the provision. 47 Service of documents (1) A notice or other document required to be given under this Act to a resident of a retirement village may be given: (a) by delivering it personally to the resident; (b) by delivering it to the residential premises occupied by the resident and by leaving it there with some person apparently of or above the age of 16 years for the resident; (c) by sending it by post to the residential premises occupied by the resident and addressed to the resident; or (d) in such other manner as may be prescribed for the purposes of this section or approved by the Court. (2) A notice or other document required to be given to the administering authority of a retirement village under this Act may be given: (a) by delivering it personally to the authority's agent; (b) by sending it by post to the authority's usual place of business; (c) by sending it by facsimile transmission to the authority's usual place of business; or (d) in such other manner as may be prescribed for the purposes of this section or approved by the Court. 48 Codes of practice (1) A code shall be developed, implemented and administered having regard to: (a) clarifying the rights and obligations of residents and the administering authorities of retirement villages; (b) the need to ensure that persons entering into a residence contract are provided with all information necessary to make an informed decision regarding his or her future needs as a

Part 5 Miscellaneous Retirement Villages Act 1995 26 resident of the retirement village and of the circumstances in which the person may cease to be a resident; and (c) where the residence contract imposes ongoing financial obligations on the residents of a retirement village to the administering authority in respect of the operation of the retirement village, the need to ensure that residents are provided with sufficient financial information and determinative rights in order to be able to participate in decisions concerning the matters for which there is an ongoing financial obligation. (2) A code shall contain provisions relating to: (a) the rights of residents of retirement villages to privacy; (b) ensuring that residence contracts and documentation relating to retirement villages are clear, concise, complete and in plain language; (c) the full disclosure of fees and financial information relating to retirement villages; (d) the full disclosure of details concerning the title to retirement villages; (e) the cooling off period to be provided in residence contracts; (f) the full disclosure of all rights that the administering authorities have regarding the relocation of residents of retirement villages; (g) the full disclosure of financial rights of residents following the ceasing (whether under a residence contract or this Act) of a resident's rights to reside in a retirement village; (h) the management of retirement villages; (j) the payment of money by residents of retirement villages to the administering authority and the management, banking and use of that money by the administering authority; (k) the procedure for terminating residence contracts and for ensuring that residents are given adequate notice of and reasons for the proposed termination; and (m) the resolution of disputes between residents of retirement villages and residents and administering authorities.

Part 5 Miscellaneous Retirement Villages Act 1995 27 49 Jurisdiction of Anti-Discrimination Commissioner Nothing in this Act effects the jurisdiction of the Anti-Discrimination Commissioner appointed under the Anti-Discrimination Act 1992 to deal with a complaint under that Act. 50 Rules, &c., imposing restrictions based on whether persons are retired persons (1) Nothing in the Anti-Discrimination Act 1992 prevents a person (including a corporation established under the Unit Titles Act 1975) from developing and implementing rules, agreements and contractual arrangements for the purposes of establishing and operating a retirement village that limit ownership and/or occupation of residential premises in the retirement village to retired persons. (2) A rule, agreement or contractual arrangement referred to in subsection (1) shall have regard to the rights of family members and to visitors of a resident of a retirement village and to the laws of inheritance. 51 Regulations (1) The Administrator may make regulations, not inconsistent with this Act, prescribing all matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) Without limiting the generality of subsection (1), the Regulations may make provision for or with respect to: (a) codes of practice under this Act, (b) the service of notices or other documents under this Act or a code; (c) goods abandoned or apparently abandoned by a resident of a retirement village; (d) fees to be paid under this Act; and (e) penalties, not exceeding 20 penalty units, for offences against the Regulations. (3) The Regulations may exempt from the operation of this Act or any specified provision of this Act any specified person, organisation, residence contract or retirement village or any persons,

Part 5 Miscellaneous Retirement Villages Act 1995 28 organisations, residence contracts or retirement villages of a specified class, either unconditionally or subject to conditions.

ENDNOTES Retirement Villages Act 1995 29 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Retirement Villages Act 1995 (Act No. 28, 1995) Assent date 26 June 1995 Commenced 1 November 1995 (Gaz G44, 1 November 1995, p 3) Statute Law Revision Act 1997 (Act No. 17, 1997) Assent date 11 April 1997 Commenced s 16: 10 December 1997; rem: 1 May 1997 (Gaz G17, 30 April 1997, p 2) Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000) Assent date 12 September 2000 Commenced 1 December 2000 (s 2, s 2 Land Title Act 2000 (Act No. 2, 2000) and Gaz G38, 27 September 2000, p 2) Unit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15, 2001) Assent date 28 June 2001 Commenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act No. 14, 2001) and Gaz G8, 27 February 2002, p 6) Corporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001) Assent date 29 June 2001 Commenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50, 2001) and Cth Gaz S285, 13 July 2001) Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004) Assent date 7 January 2004 Commenced 17 March 2004 (Gaz G11, 17 March 2004, p 8) Ombudsman Act 2009 (Act No. 5, 2009) Assent date 12 March 2009 Commenced 1 July 2009 (Gaz G21, 27 May 2009, p 5)

ENDNOTES Retirement Villages Act 1995 30 Unit Title Schemes Act 2009 (Act No. 14, 2009) Assent date 26 May 2009 Commenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C): 1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2, Gaz S30, 26 June 2009, p 1, s 2 Land Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008) and Gaz S30, 26 June 2009, p 1) Justice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010) Assent date 20 May 2010 Commenced 1 July 2010 (Gaz G24, 16 June 2010, p 2) Justice Legislation Amendment Act 2010 (Act No. 24, 2010) Assent date 30 June 2010 Commenced 21 July 2010 (Gaz G29, 21 July 2010, p 5) Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010) Assent date 18 November 2010 Commenced 1 February 2011 (Gaz S6, 1 February 2011) Public and Environmental Health Act 2011 (Act No. 7, 2011) Assent date 16 March 2011 Commenced 1 July 2011 (Gaz S28, 3 June 2011) Advance Personal Planning (Consequential Amendments) Act 2013 (Act No. 36, 2013) Assent date 19 December 2013 Commenced pt 3: 5 February 2014 (Gaz G5, 5 February 2014, p 2); rem: 17 March 2014 (Gaz S14, 17 March 2014) Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Advance Personal Planning Amendment Act 2016 (Act No. 13, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (s 2, s 2 Guardianship of Adults Act 2016 (Act No. 15, 2016) and Gaz S74, 27 July 2016, p 1) Guardianship of Adults Act 2016 (Act No. 15, 2016) Assent date 7 June 2016 Commenced 28 July 2016 (Gaz S74, 27 July 2016, p 1) Statute Law Revision Act 2020 (Act No. 26, 2020) Assent date 19 November 2020 Commenced 20 November 2020 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 11, 12, 32, 36, 36A, 38, 41, 42, 44, 49 and 50.

ENDNOTES Retirement Villages Act 1995 31 4 LIST OF AMENDMENTS s 3 amd No. 17, 1997, s 17; No. 45, 2000, s 11; No. 1, 2004, s 62; No. 14, 2009, s 157; No. 7, 2011, s 140 s 12 amd No. 45, 2000, s 11; No. 14, 2009, s 158; No. 26, 2020, s 3 s 13 amd No. 17, 1997, s 17 s 15 amd No. 17, 1997, s 17 s 22 amd No. 12, 2010, s 3 s 23 amd No. 8, 2016, s 45 s 32 sub No. 36, 2013, s 129 amd No. 15, 2016, s 117; No. 13, 2016, s 35 s 33 amd No. 17, 1997, s 17; No. 8, 2016, s 45 s 36 amd No. 45, 2000, s 11; No. 15, 2001, s 11; No. 17, 2001, s 21; No. 14, 2009, s 159; No. 12, 2010, s 3 s 36A ins No. 24, 2010, s 13 ss 39 – 40 amd No. 12, 2010, s 3 s 41 amd No. 17, 1997, s 17 s 42 amd No. 5, 2009, s 179; No. 12, 2010, s 3 s 51 amd No. 38, 2010, s 3

1 Retirement Villages Act 1995

The Act’s central concepts are: residence contract, resident, administering authority, retirement village, premium and recurrent charge, and the Commissioner. Each concept carries operational consequences.

Residence contract: Defined broadly to include any contract, agreement, scheme or arrangement by which a person obtains the right to occupy premises in a retirement village, including leases or licences (s 3). The definition is functional, so the form of the instrument (lease, licence, share purchase) does not determine whether the Act applies. The Act allows the Court to review, set aside or revise a residence contract found to be harsh or unconscionable (s 29).

Resident: A person who occupies residential premises under a residence contract; includes spouse or de facto partner and, for the purpose of determining whether a contract is a residence contract, can include corporations if premises are used by a natural person (s 3(1), (2)). The Act preserves a resident’s right of occupation and limits termination to express grounds (s 14).

Administering authority: The person who administers the retirement village, including owners of land within the village (s 3). Where scheme land falls under Unit Titles legislation, the body corporate may be the administering authority and must follow decision-making rules in those Acts (s 3(3)-(4)).

Retirement village: A complex predominantly or exclusively occupied by retired persons, with “retired person” defined by age (55 or older) or retirement from full-time employment, and inclusive of spouse or de facto partner (s 3). The Act explicitly permits rules that limit ownership or occupation to retired persons (s 50).

Premium and recurrent charge: Premium is payment made in consideration of admission of a resident (including purchase of a unit or shares conferring occupancy) but excludes amounts excluded by regulations and recurrent charges (s 3). Recurrent charge covers periodic payments such as maintenance or rent. The Act treats premium repayment obligations as statutory charges on land within the village (s 12(2), (4)-(8)), creating a property-based security interest, but subjecting enforcement to Court approval (s 12(6)-(7)).

Commissioner: The Commissioner of Consumer Affairs has investigatory, complaint resolution and prosecutorial powers, including the capacity to institute or defend Court proceedings on behalf of residents and to allocate legal costs in those proceedings (s 6-8). The Commissioner may delegate most powers (s 9) and is protected from civil and criminal action for acts done in good faith under the Act (s 10).

Codes of practice and registration: Codes are central regulatory instruments covering disclosure, management, dispute resolution, financial information, cooling-off periods and more (s 48). The Act requires recordation in the land Register where land is or will be used as a retirement village (s 36), and creates penalties for failure to make the required application (s 36(2)).

Court-centred enforcement: The Court is the primary forum for disputes between residents and administering authorities, with broad remedial powers including injunctions, orders for termination, compensation, orders to hold money in Court, and power to set aside or modify residence rules (s 13, s 29). The Court’s orders for possession are enforced by registrars issuing warrants and bailiffs (s 23). The Act also contains specific criminalised conduct, such as unauthorised self-help recovery of possession (s 22).

Trust and insurance duties: Administering authorities must insure improvements for replacement value and hold insurance monies in trust, applying them to rebuilding unless residents and authority agree otherwise (s 37). Resident maintenance monies must generally be held in trust and invested like trust funds under the Trustee Act 1893, unless the Minister grants an exemption (s 38).

Interaction with other regimes: The Act operates alongside the Land Title Act 2000 (overriding statutory charges, Register notation, s 12, s 36), Unit Titles legislation (s 3(3)-(4), s 36(3), (3A)), Consumer Affairs and Fair Trading Act 1990 (codes and authorised officers, s 3, s 44, s 43), Anti-Discrimination Act 1992 (s 49-50), and various health and guardianship laws referenced for Court notices and reports (s 32, s 13(10), s 15(4)).

Taken together, the main concepts combine property, contract, consumer protection and administrative oversight, designed to place residents’ occupancy rights and financial safeguards within a statutory architecture enforced by courts and overseen by the Commissioner.

The Act identifies clear classes of persons affected, and allocates costs and decision rights across them.

Residents: Persons occupying premises under a residence contract are the primary beneficiaries of rights under the Act (s 3). Residents gain enforceable contractual rights (s 12), protections against self-help repossession (s 22), procedural protections before termination (s 15-16), and access to Court remedies for disputes (s 13). Residents are also subject to residence rules and may be liable for compensation if they abandon premises or fail to vacate after Court orders (s 26, s 24).

Administering authorities: Defined as the person by or on whose behalf the retirement village is administered and including owners of land in the village (s 3). Administering authorities must comply with a range of statutory duties: hold and invest resident funds in trust (s 38), insure buildings and deposit insurance money into trust for rebuilding (s 37), apply for notation on the Register (s 36), and follow procedural steps set out in codes and contracts when seeking termination (s 15-16). They bear enforcement costs and exposure to Court orders, compensation claims and criminal penalties where they act outside the Act (s 22, s 23, s 39(3), s 40).

Owners and bodies corporate: Landowners and bodies corporate under Unit Titles or Unit Title Schemes Acts may be administering authorities (s 3(3)-(4), s 36(3), (3A)). The Act requires such corporate administering authorities to observe decision-making rules in the Unit Titles Acts (s 3(4)(a)). Directors and persons concerned in corporate management may be held accountable where a corporation contravenes the Act, if they knowingly authorised or permitted the contravention (s 45).

Government decision-makers: The Commissioner of Consumer Affairs is given investigative and prosecutorial duties, with power to represent residents in litigation (s 6-8). The Minister retains powers to exempt retirement villages wholly or in part from provisions of the Act (s 5(2)) and to exempt administering authorities from trust-account obligations if satisfied certain conditions hold (s 38(2)). The Registrar-General is the administrative actor for notation on the Register and must notify mortgagees, encumbrancers and owners when notation applications or removals occur (s 36(4)-(5), s 36A(3)-(8)).

Courts and enforcement officers: The Local Court (or the Supreme Court where jurisdictional limits are exceeded) is the designated forum for most proceedings (s 3(5), s 13). Registrars, bailiffs and the police have roles in enforcing possession orders and warrants (s 23). Authorised officers under Consumer Affairs and Fair Trading Act 1990 may enter and inspect retirement villages for compliance (s 43).

Third parties with financial interests: Mortgagees, chargees and encumbrancers are expressly notified of Register notations and are entitled to be notified of proposed removal of notation (s 36(4), s 36A(3)-(5)). The Act also makes premium repayment obligations an overriding statutory charge on certain land within the village (s 12(4)-(8)), thereby affecting secured creditors and purchasers.

Developers and marketers: The Act prohibits use of the term retirement village or words implying retirement village status unless the complex is one to which the Act applies (s 40). This imposes compliance costs on developers and marketers and creates an offence with significant penalties for bodies corporate and individuals.

Legal representatives and agents: The administering authority may be represented by an agent in Court with the Court’s approval (s 34). The Commissioner may appear personally or by legal practitioner or agent in proceedings (s 8).

Collectively, the distribution of duties places operational costs primarily on administering authorities and owners, obligations to disclose and hold funds in trust, and enforcement, compliance and reputational exposure. Residents acquire enforceable rights and court remedies, but are also subject to procedural requirements and liabilities (abandonment, compensation, compliance with residence rules). Government agents (Commissioner, Minister, Registrar-General) decide exemptions, notation and oversight actions, shaping incentives for both providers and residents.

The Act creates specific duties for administering authorities, statutory rights for residents, and procedural obligations for courts and regulators.

Duties of administering authorities

Enforceable contract performance: Residence contracts are enforceable against the administering authority (s 12(1)). This is a primary obligation to perform contractual promises.
Trust and investment of resident funds: Money required by the residence contract for maintenance or future liabilities must be paid into a trust account and invested as trust funds under the Trustee Act 1893 (s 38(1)). The Minister can exempt an authority from this duty if satisfied the authority has sufficient assets or if exemption is in residents’ interest (s 38(2)).
Insurance and application of proceeds: An administering authority must insure all buildings and improvements for replacement value against a specified list of risks, produce policy and premium receipts upon request, and hold any insurance money in trust to be applied to rebuilding and reinstatement, unless residents agree otherwise (s 37(1)-(4)).
Register notation and land title duties: The registered proprietor of land used as a retirement village must apply to the Registrar-General to record that fact in the Register within prescribed timeframes (s 36(1)-(2)). Corporations under Unit Titles Acts must make applications (s 36(3), (3A)). Failure attracts significant penalties (s 36(2)).
Compliance with codes and residence rules: Administering authorities must comply with codes of practice, including disclosure, management, financial information and dispute resolution (s 48). Where the administering authority is a body corporate under Unit Titles law, it must comply with those Act’s decision-making rules (s 3(4)(a)).
Avoid unauthorised possession recovery: The authority must not recover possession except by Court order (s 22). Contravention can trigger penalties and compensation orders.

Rights of residents

Right of occupation: A resident’s right to occupy terminates only by death, contractual termination (by resident), abandonment, or Court order (s 14).
Contractual enforcement and remedies: Residents may enforce residence contracts against administering authorities (s 12(1)). The Court may grant injunctions, specific performance, compensation, orders for repayment of premiums, and orders directing funds to be paid into Court (s 13(3)).
Priority in land security: Where premiums are repayable, the resident’s right to repayment is a statutory, overriding charge on land within the retirement village other than a residential unit owned by a resident or common property, enforceable only with Court approval (s 12(2), (4)-(8)). The Court must consider other residents’ rights when approving enforcement (s 12(7)).
Procedural protections before termination: Before an administering authority can apply to terminate for medical incapacity or breach, specified procedural requirements and medical report considerations apply (s 15(2)-(4), s 16(1)-(2)). The Court may also refuse termination where termination is motivated by the resident exercising rights or complaining (s 21(3)(a)).
Access to Commissioner and Court: Residents can complain to the Commissioner, who may investigate and institute or defend proceedings on their behalf (s 6-8). Residents may apply to the Court under s 13 for dispute resolution where internal code procedures have been exhausted.

Court and regulator duties

Court limitation and discretion: The Court cannot make orders inconsistent with an applicable code or residence contract (s 30(1)), except where a provision of the contract contravenes s 39 (which prohibits contracting out of the Act). The Court may suspend possession orders, require occupation fees during suspension, and require evidence such as medical reports (s 21, s 15).
Commissioner functions: The Commissioner must investigate, attempt to resolve complaints, distribute information and, if necessary, prosecute offences or bring Court proceedings (s 6). The Commissioner must provide an annual report to the Minister (s 11).

Operational consequences and trade-offs

Financial flows are tightly regulated: trust holding of resident funds, trustee-style investment constraints, insurance held in trust and statutory charges on land create protective mechanisms but also increase administrative overhead and accounting obligations for administering authorities (s 37-38, s 12).
Judicial gatekeeping of enforcement: Premium repayment and possession enforcement are mediated by the Court (s 12(6), s 23), concentrating legal costs and delay risks but providing procedural safeguards for residents.
Codes and disclosure obligations increase compliance costs but standardise information flows (s 48). Authorised officer inspections (s 43) and the application of consumer laws to codes (s 44) add administrative compliance burdens.

The statutory duties and rights therefore allocate ongoing operational costs to administering authorities, while creating property-based security for residents’ premium repayments and procedural safeguards requiring Court involvement for significant enforcement actions.

The Act combines criminal penalties, civil remedies and Court enforcement machinery to give effect to its obligations.

Criminal offences and penalties

Unauthorised recovery of possession: A person who enters residential premises to recover possession except by Court judgment, warrant or order commits an offence carrying a maximum penalty of 175 penalty units (individual) (s 22(1)). The section applies to both direct actors and those acting on behalf of another (s 22(2)). A court may also order compensation to the occupier (s 22(3)).
Failure to make Register notation: The registered proprietor must apply to annotate the Register when land is used or intended to be used as a retirement village. Failure to apply attracts a maximum penalty of 265 penalty units for an individual and 1325 penalty units for a body corporate (s 36(2)).
Use of term retirement village: It is an offence to use the term retirement village or words implying it where the complex is not one to which the Act applies, with penalties of 265 penalty units (individual) and 1325 penalty units (body corporate) (s 40).
Contracting with intent to defeat the Act: Entering into a contract intended to defeat the Act is an offence, with a maximum penalty of 40 penalty units (individual) and 440 penalty units (body corporate) (s 39(3)).
Disclosure of information: Unauthorised disclosure of information obtained in connection with administration of the Act is an offence with a maximum penalty of 20 penalty units (s 42).
Regulations may prescribe further penalties up to 20 penalty units (s 51(2)(e)).

Civil and Court enforcement

Court remedies: The Court can grant broad remedial orders under s 13, including injunctions, specific performance, termination of residence contracts, orders for compensation or payment of money, and orders to pay part or all money payable by a resident to the Court pending determination (s 13(3), (6)-(8)). The Court can set aside or modify residence rules (s 13(5), (6)).
Possession enforcement: Once the Court fixes a date for vacation, a registrar may issue a warrant authorising a bailiff to enter and give possession; bailiffs may use reasonable force and may be assisted by police (s 23(1)-(4)). Obstruction of a bailiff is prohibited (s 23(5)). Acts done in good faith by a bailiff or police in enforcing an order are protected from personal liability (s 23(6)).
Compensation for failure to vacate: A resident who does not comply with a vacancy order is liable to pay compensation for losses to the administering authority; the Court may order compensation within 30 days of the order taking effect (s 24(1)-(2)).
Abandonment and disposal of goods: The Court may declare premises abandoned (s 25). If a former resident leaves goods, the administering authority may apply for orders to remove, dispose or sell goods, and purchasers acquire good title pursuant to Court order (s 27(1)-(4)). Administering authorities acting under Court orders or regulations are protected from liability for disposal (s 27(4)).
Statutory charge enforcement: Premium repayment obligations are a statutory overriding charge on land (s 12(4)-(5)), but enforcement of such a charge requires Court approval and may be subject to conditions; the Court must consider rights of other residents (s 12(6)-(8)).

Regulatory and inspection enforcement

Authorised officers: Persons authorised under the Consumer Affairs and Fair Trading Act 1990 may enter and remain in a retirement village to observe operations, record them and ensure compliance with the Act, Regulations or codes (s 43(1)). Obstruction of authorised officers is an offence (s 43(2)).
Commissioner powers: The Commissioner may investigate, prosecute offences and bring or defend proceedings on behalf of residents (s 6-8). The Commissioner can refer conduct of administering authorities to the Court (s 35).

Allocation of enforcement costs and deterrence

Court-centered enforcement places litigation costs and timing risks on both residents and administering authorities. The Commissioner’s power to bring proceedings on behalf of residents may reduce enforcement costs for individual residents but concentrates prosecutorial discretion in a public official (s 7).
Criminal penalties for misuse of the term retirement village and unauthorised repossession are high for bodies corporate, signalling legislative intent to deter misleading marketing or self-help repossession (s 22, s 40).
The requirement that premium repayment charges be enforced only with Court approval (s 12(6)) imposes an administrative gate, increasing transaction costs for creditors or authorities seeking to enforce repayment obligations, while protecting other residents’ interests.

The enforcement architecture thus uses criminal sanctions, civil Court remedies, administrative inspection and prosecutorial discretion to implement the Act. Enforcement is heavily Court-centric and places procedural preconditions on significant remedies such as possession and charge enforcement.

The Act is expressly constructed to operate alongside and reference several other legislative instruments; these interactions determine property consequences, dispute processes, and administrative responsibilities.

Land Title Act 2000 and statutory charges: The Act makes the resident’s right to repayment of premiums a charge on land within the retirement village and explicitly describes that charge as an overriding statutory charge within the meaning of the Land Title Act 2000 (s 12(4)-(5)). Enforcement of such charges is subject to Court approval and conditions (s 12(6)-(8)). Section 36 requires notation in the Register (the Register within the meaning of the Land Title Act 2000) where land is or will be used as a retirement village and prescribes notification to registered mortgagees, charges and encumbrancers (s 36(1), (4)). The Registrar-General administers recording and removal of these notations (s 36-36A).

Unit Titles and Unit Title Schemes: Where land is subject to Unit Titles Act 1975 or Unit Title Schemes Act 2009, the body corporate constituted under those Acts may be the administering authority, and must comply with the decision-making rules in those Acts (s 3(3)-(4)). Section 36(3) and (3A) require corporations constituted under those Acts to make notation applications for units or scheme land. These cross-references preserve corporate governance structures for strata-type developments while bringing them within the retirement village regulatory frame.

Consumer Affairs and Fair Trading Act 1990: The Commissioner defined in s 3 is the Commissioner of Consumer Affairs appointed under that Act. Codes prescribed under this Act are subject to the Consumer Affairs and Fair Trading Act 1990, which applies to codes as if they were codes under that Act (s 3, s 44). Authorised officers under the Consumer Affairs and Fair Trading Act are given entry and inspection powers under s 43.

Anti-Discrimination Act 1992: The Act expressly states that nothing in it affects the jurisdiction of the Anti-Discrimination Commissioner under the Anti-Discrimination Act 1992 to deal with complaints (s 49). It also permits rules limiting occupation to retired persons, provided family member and visitor rights and laws of inheritance are given regard (s 50). This creates a specified carve-out from anti-discrimination rules for retirement village eligibility rules.

Guardianship, Advance Planning and Health Acts: The Court must cause notice of proceedings to be given to guardians, enduring power donors and decision makers under relevant Acts where applicable (s 32(1)(a), (c)-(d)). The Court may request medical or capacity reports from the Chief Health Officer or other persons in matters involving transfer or medical termination (s 13(10), s 15(4)). These references integrate capacity and health law safeguards into termination decisions.

Trust and Trustee Act 1893: Money paid by residents for maintenance or future liabilities must be held in trust and may only be invested as trust funds under the Trustee Act 1893 (s 38(1)). That imports trustee fiduciary duties and investment constraints into retirement village financial management.

Criminal and penalty statutes: The Act’s penalty provisions (s 22, s 36, s 40, s 39(3), s 42) operate within the broader penalty unit system and interact with the Regulations (s 51(2)(e) allows small penalties for regulations).

Regulations and Ministerial powers: The Regulations may make provision for codes, service of notices, abandoned goods, fees and exemptions from the Act or specified provisions (s 51(2)). The Minister may exempt a retirement village from all or specified provisions of this Act for such period and subject to such conditions as the Minister thinks fit (s 5(2)). Regulation-making power and ministerial exemptions create administrative flexibility and potential fragmentation of application across villages.

Interaction summary and practical consequences

Property effects and priority questions will be determined in part by Land Title Act processes, with notation of retirement village status affecting mortgagees and purchasers and Court oversight required for enforcement of premium-related statutory charges (s 12, s 36).
Unit-titled developments remain governed by unit titles legislation for internal governance while also being subject to retirement village duties, introducing dual compliance obligations (s 3(3)-(4), s 36(3), (3A)).
Codes are treated as consumer instruments under Consumer Affairs legislation, creating an enforcement pathway through consumer law mechanisms as well as Court remedies (s 44).
The Act’s explicit references to guardianship and health reporting integrate medical capacity assessments into eviction or transfer proceedings (s 13(10), s 15(3)-(4), s 32), potentially delaying termination applications and imposing evidentiary burdens.
Ministerial exemptions and regulations allow tailored application but create legal uncertainty for providers and residents where exemptions are exercised (s 5(2), s 51(3)).

These interactions mean administrators must reconcile obligations under property, trust, unit title, consumer and health law. Courts are the central integrating forum, but statutory and administrative instruments (notations, codes, regulations, ministerial exemptions) materially affect rights and priorities.

The Act provided includes an Endnotes section summarising amendments and commencement history. The material changes across time are recorded and identify the statutes that amended the Act and the sections affected. The key legislative steps in the textual source are as follows.

Original enactment and commencement: Retirement Villages Act 1995 (Act No. 28, 1995) received assent on 26 June 1995 and commenced 1 November 1995 (Endnotes 2).

Subsequent amending statutes and notable section amendments listed in the Endnotes:

Statute Law Revision Act 1997 (Assent 11 April 1997) , amendments including s 16 (commencement details in Endnotes 2 and 4).
Land Title (Consequential Amendments) Act 2000 (Assent 12 September 2000), with amendments commencing 1 December 2000, and changes affecting s 3 and s 12, and s 36 (Endnotes 2 and 4).
Unit Titles (Consequential Amendments - Building Development) Act 2001 (Assent 28 June 2001), which amended s 36 and related provisions, commencing 1 March 2002 (Endnotes 2 and 4).
Corporations Reform (Consequential Amendments NT) Act 2001 (Assent 29 June 2001).
Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Assent 7 January 2004), with amendments to s 3 (Endnotes 4).
Ombudsman Act 2009 (Assent 12 March 2009), amendments including s 42 (Endnotes 2 and 4).
Unit Title Schemes Act 2009 (Assent 26 May 2009) with phased commencements affecting s 3 and s 36 (Endnotes 2).
Justice Legislation Amendment (Penalties) Act 2010 and related 2010 Acts, which amended penalties and specified sections such as s 22 and s 36 (Endnotes 2 and 4).
Justice Legislation Amendment Act 2010, Penalties Amendment (Justice and Treasury Legislation) Act 2010, and other 2010 amendments referenced in Endnotes.
Public and Environmental Health Act 2011, Advance Personal Planning consequential amendments (2013 and 2016), Guardship of Adults Act 2016, Local Court amendments and other health/guardianship-linked amendments are recorded as having amended sections such as s 32 and s 15 (Endnotes 2, 3, 4).
Statute Law Revision Act 2020 (Assent 19 November 2020), which commenced 20 November 2020 and included general formal amendments to several sections (Endnotes 2 and 3).

General formal amendments: The Interpretation Legislation Amendment Act 2018 made formal amendments of a non-substantive nature to various sections listed in Endnotes 3.

Section-specific amendment notes from the Endnotes list:

s 3 (multiple amendments: No. 17, 1997; No. 45, 2000; No. 1, 2004; No. 14, 2009; No. 7, 2011)
s 12 (amended by No. 45, 2000; No. 14, 2009; No. 26, 2020)
s 13 (amended by No. 17, 1997)
s 15 (amended by No. 17, 1997)
s 22 (amended by No. 12, 2010)
s 23 (amended by No. 8, 2016)
s 32 (substituted No. 36, 2013; amended No. 15, 2016; No. 13, 2016)
s 33 (amended by No. 17, 1997; No. 8, 2016)
s 36 (amended by No. 45, 2000; No. 15, 2001; No. 17, 2001; No. 14, 2009; No. 12, 2010)
s 36A (inserted by No. 24, 2010)
ss 39-40 (amended by No. 12, 2010)
s 41 (amended by No. 17, 1997)
s 42 (amended by No. 5, 2009; No. 12, 2010)
s 51 (amended by No. 38, 2010)

Commencement and transitional provisions: Several amendments were commenced at different dates; the Endnotes list commencement dates for various amending Acts. The source also records that the Act first commenced on 1 November 1995 and that amendments have been made over two decades to adjust interactions with land title, unit title, guardianship, health, and penalty regimes.

Practical reading of amendment history

Land and title interactions were strengthened in 2000 and subsequently clarified to reflect unit title and scheme regimes, reflected in multiple amendments to s 3, s 12 and s 36.
Procedural protections and Court interactions were updated alongside guardianship and advance planning reforms (amendments in 2013 and 2016 affecting s 32 and related provisions).
Penalty and enforcement provisions were refined through justice and penalties amendments in 2010 onwards (s 22, s 36, ss 39-40).
Formal and drafting updates continue to be made via statute law revision and interpretation amendments (2018, 2020).

This annotated amendment history in the Act’s Endnotes identifies where substantive policy changes (title and enforcement interactions, guardianship links, penalty adjustments) were made, and where formal, non-substantive clarifications were recorded. Practitioners should consult the reproductions and the cited amending Acts to trace specific textual changes and transitional provisions, especially where interactions with land title and unit title law affect property rights and statutory charges.

The provided text includes no reported case law or judicial decisions; the Act itself establishes the Court pathways and procedural tools rather than recording litigation. The Act specifies the forum and mechanisms by which litigation will be conducted and what orders are available to the Court, and those provisions effectively define the litigation landscape.

Statutory litigation framework in the Act

Forum and jurisdictional allocation: The Act defines “Court” to mean the Local Court or, where jurisdictional monetary limits are exceeded, the Supreme Court, unless parties consent in writing to the Local Court hearing the matter (s 3(5)). This determines the ordinary venue for disputes between residents and administering authorities.
Range of remedies: The Court may hear applications under s 13 for disputes where code procedures have been exhausted, and may make injunctions, orders for termination, orders as to money, compensation and orders directing part or all of money payable by a resident be paid to the Court until matters are resolved (s 13(1), (3), (8)). The Court may set aside or modify residence rules (s 13(5)-(6)).
Special procedures and evidentiary tools: The Court may request medical or capacity reports from the Chief Health Officer or other persons on matters concerning transfers or medical termination (s 13(10), s 15(4)). The Court can suspend or refuse termination orders where undue hardship or improper motivation is proved (s 21). The Court may make orders terminating contracts for medical incapacity, breach, serious damage/injury or undue hardship (s 15, s 16, s 19, s 20).
Enforcement mechanisms: The Act prescribes registrar-issued warrants, bailiff powers and police assistance as enforcement mechanisms for possession orders (s 23). The Court may order compensation for failure to vacate (s 24), declare abandonment (s 25) and order removal or disposal of abandoned goods (s 27).

Implications for litigation practice

Pleading and evidentiary focus: Practitioners will frequently need to address whether code-based dispute resolution procedures have been exhausted (s 13(1)(b), s 13(5)(b)) and whether termination procedures in codes or residence contracts were followed before an administering authority seeks termination (s 15(2)(a), s 16(1)(b)). Medical reports and capacity assessments are often determinative where termination is alleged on incapacity grounds (s 15(3)-(4), s 13(10)).
Property/priority litigation: Enforcement of the resident’s statutory charge for premium repayment requires Court approval (s 12(6)-(8)) and the Court must consider other residents’ charges when weighing approval. This generates litigation regarding priorities, valuations and competing interests under Land Title Act processes.
Procedural protections for residents: Section 21(3) creates a statutory defence or discretion for the Court to refuse termination where administering authority motivations are retaliatory, such as in response to a complaint or Court application by the resident. That statutory protection will feature in litigation strategy and evidentiary disputes.
Interaction with other statutes: Litigation may require engagement with unit title law, trusteeship standards for resident funds, and guardianship or advance planning legislation; e.g. notice to guardians/decision makers is mandated in s 32, and medical or capacity reports may be obtained from health authorities (s 32, s 13(10), s 15(4)).

Absence of listed cases in the source

The statutory text provided does not cite any judicial decisions or list litigation precedents. It therefore provides statutory tools but not interpretive history. Practitioners must search case law databases for decisions interpreting the Act, particularly on matters such as what constitutes abandonment (s 25), the Court’s application of s 12’s charge and approval conditions, the standard for “undue hardship” (s 20), and the operation of s 21(3) protections against retaliatory terminations.

Procedural tips for litigators

Plead whether applicable codes have been exhausted as a jurisdictional or pre‑condition point under s 13.
Prepare medical and capacity evidence when termination on medical grounds is alleged, and be aware of the statutory opportunity to nominate a practitioner (s 15(3)).
Where charges on land are at stake, prepare evidence addressing the interests of other residents as the Court must have regard to those interests before approving enforcement (s 12(7)).
Leverage the Commissioner’s investigatory role and potential to institute proceedings under s 6-8 as a strategic litigation resource for residents.

In short, while the Act sets the litigation architecture, the source text contains no case law. Practitioners should treat the Act as a procedural and substantive map and seek contemporary judicial decisions to understand how the Court has applied these provisions in practice.

Practical pitfalls, hidden costs and sources of uncertainty are embedded in the Act’s provisions. Below are specific “gotchas” a practitioner or administrator should flag, with the section references that create the risk.

Register notation is mandatory and penalised: If land is used as a retirement village, the registered proprietor must apply to the Registrar-General to record that fact. Failure attracts significant penalties: 265 penalty units for individuals, 1325 for bodies corporate (s 36(1)-(2)). This is a strict procedural duty that affects mortgagees and transfers because the Registrar-General notifies registered mortgagees and encumbrancers (s 36(4)). Failing to annotate can therefore create corrective costs and expose owners to high fines.
Enforcement of premium repayment is Court-gated and subject to other residents’ interests: Although the resident’s right to repayment may be an overriding statutory charge on land (s 12(4)-(5)), enforcement of such a charge requires Court approval and the Court must have regard to other residents’ charges (s 12(6)-(7)). That creates uncertainty for creditors and administrators seeking to recover premiums and complicates sale or refinancing plans.
Ministerial and regulatory exemptions create legal uncertainty: The Minister can exempt a retirement village from all or specified provisions for any period and on conditions (s 5(2)); Regulations may exempt specified persons, contracts or retirement villages (s 51(3)). These powers permit tailored application but can create unpredictability for residents and operators if exemptions are exercised or changed.
Trust and insurance obligations increase administrative overhead: Resident maintenance funds must be held in trust and invested according to the Trustee Act 1893, with limited ministerial exemption (s 38(1)-(2)). Administering authorities must also insure buildings for replacement value and hold insurance proceeds in trust for rebuilding (s 37(1)-(3)). These duties import trustee accounting, segregation, audit and record-keeping obligations and may surprise owners unfamiliar with fiduciary-style duties.
Strong criminal penalties for marketing and possession missteps: Using the term retirement village without the Act applying attracts high penalties (s 40). Similarly, self-help repossession is a criminal offence with a substantial maximum penalty and possible compensatory orders (s 22). Administering authorities tempted by self-help eviction or marketing practices face both criminal and civil exposure.
Codes are binding templates but can be complex: Codes are to address many matters including disclosure of title, fees, cooling-off, and relocation rights (s 48(2)). The Court cannot make orders inconsistent with an applicable code (s 30(1)(a)), meaning operators must ensure code compliance. However, codes themselves are subject to Consumer Affairs mechanisms and can be prescribed or applied in varying forms, raising compliance complexity.
Dual governance in unit-titled villages: Where unit-titled land is the village, the body corporate may be the administering authority and must follow the Unit Titles Act’s decision-making processes (s 3(3)-(4)). This creates overlap in governance, voting and meeting requirements and potential conflicts between unit title obligations and retirement village duties.
Medical termination and capacity procedures can be contested: Termination for medical incapacity requires consideration of medical reports and offers residents the chance to supply or nominate a practitioner (s 15(3)). This procedural safeguard can produce evidentiary disputes and delay, and the Court’s broad discretion to request reports (s 15(4), s 13(10)) lifts decisions into clinical as well as legal territory.
Contracting out prohibited but pre-existing contracts preserved: The Act overrides contract terms except where subsection (2) preserves rights under residence contracts entered before the commencement of that subsection (s 39(1)-(2)). Practitioners must carefully trace whether particular rights stem from contracts prior to the operative change and whether transitional protections apply.
Officer inspections and information disclosure restrictions: Authorised officers may enter and remain in the retirement village (s 43(1)), but disclosure of information obtained in administration is restricted and penalised unless exceptions apply (s 42). Balancing operational transparency with privacy obligations is therefore nuanced and has legal risk if wrongly handled.
High corporate penalties and director liability: Corporate contraventions can attract director liability where the director knowingly authorised or permitted the contravention (s 45). Criminal culpability provisions similarly cover persons “knowingly concerned” in contraventions (s 46). This raises governance-care requirements for boards and managers.
Enforcement delay and litigation costs: Many remedies (possession, enforcement of charges, compensation) require Court proceedings (s 12(6), s 23). This gatekeeping protects residents but creates delay and litigation cost exposure for administering authorities and creditors.

Identifying and managing these “gotchas” requires early attention to title recording, trust and insurance accounting, contract and code compliance, evidence gathering (medical, breach histories), and corporate governance processes. Failure to address these points can generate regulatory penalties, civil liability, or Court-ordered remedies.

Compliance requires administrative systems, contract drafting discipline, record-keeping and proactive governance. Below are concrete steps tied to specific provisions of the Act.

If the complex is or will be a retirement village, apply to the Registrar-General in the prescribed form before any person is admitted or pays a premium, or within three months for pre-existing villages (s 36(2)). Corporations under Unit Titles/Unit Title Schemes must apply (s 36(3), (3A)).
Maintain accurate records of mortgagees, registered charges and encumbrancers to ensure timely notification compliance under s 36(4). If the land ceases to be used as a retirement village, follow s 36A’s prescribed process and note timeframes for objections (s 36A(2)-(8)).

Prepare and maintain residence contracts and codes (s 3, s 48, s 30)

Draft residence contracts clearly in plain language and ensure disclosure obligations are met, including fees, title details, relocation rights, cooling-off periods and financial rights on ceasing residency (s 48(1)-(2)(b)-(g)). Codes will prescribe content, and the Court cannot make orders inconsistent with any applicable code or residence contract (s 30(1)(a)-(b)), so alignment is critical.
Build dispute resolution procedures into contracts consistent with codes, since Court jurisdiction under s 13 requires exhaustion of code procedures except in specified cases (s 13(1)-(2), s 13(5)(b)).

Trust accounting and financial controls (s 38)

Segregate and hold maintenance or future liability contributions in a trust account. Invest trust funds as permitted under Trustee Act 1893. Set up audited trust accounting, regular statements to residents, and governance oversight (s 38(1)).
If seeking a regulatory exemption from trust requirements, prepare documentation to satisfy the Minister that sufficient assets exist or that it is in residents’ best interest (s 38(2)).

Insurance procedures (s 37)

Insure buildings and improvements for replacement value against the risks listed (fire, riot, malicious damage, boiler bursts, vehicle impact, aircraft) and maintain up-to-date policy documentation. Provide copies of policy and premium receipts to residents on request (s 37(1)-(2)).
On receipt of insurance monies for damage, deposit into a trust account and apply to rebuilding or reinstatement unless residents and authority agree to alternative uses (s 37(3)-(4)).

Processes for termination and dispute handling (s 15-16, s 21)

Before seeking termination for medical grounds, comply with procedures in any applicable code or residence contract, obtain medical reports, and give the resident opportunity to supply or nominate the medical practitioner (s 15(2)-(4)).
For breaches, ensure code and contractual notice procedures are followed before applying for termination; document breaches and efforts to mitigate and resolve disputes (s 16(1)-(2), s 17).
Be prepared to demonstrate to the Court that termination is not retaliatory or motivated by a resident exercising legal rights (s 21(3)(a)). Maintain records of complaints, correspondence and steps taken.

Avoid self-help possession (s 22)

Never attempt to recover possession without a Court judgment, warrant or order. Design internal eviction protocols requiring Court orders and coordinate with legal counsel before taking possession steps (s 22(1)-(3)).

Manage abandoned goods and vacated premises (s 25-27)

If premises are abandoned, apply to Court for declaration of abandonment and follow Court or regulatory procedures for disposal or sale of goods (s 25-27). Keep notices and records of efforts to contact former residents.

Disclosure and privacy (s 42)

Implement procedures for handling information obtained in administering the Act. Disclosures should occur only with consent, for execution of the Act, for litigation, under Ombudsman requirements, or other lawful excuses (s 42).
Train staff on confidentiality obligations and the limited exceptions to disclosure.

Respond to authorised officer inspections (s 43)

Facilitate authorised officers’ entry for inspection and provide requested materials. Avoid obstructing officers, which is an offence (s 43(1)-(2)). Keep an audit trail of inspections and corrective actions.

Corporate governance and director duties (s 3(4), s 45-46)

Boards and directors must be aware they can be taken to have contravened provisions if they knowingly authorise or permit contraventions by a corporation (s 45). Implement board-level compliance reporting, meeting minutes and decision-making records compatible with Unit Titles Acts where applicable (s 3(4)(a)).

Deal with codes and regulatory change (s 44, s 51)

Monitor codes prescribed under this Act and the Consumer Affairs and Fair Trading Act, and update contracts and disclosure documents to remain consistent (s 44). Track Regulations for exemptions and service procedures (s 51).

Litigation preparedness and Commissioner engagement (s 6-8, s 13)

Maintain records enabling rapid response to Court applications and potential Commissioner investigations. Where appropriate, engage with the Commissioner for dispute resolution or be ready to respond to Commissioner-initiated proceedings (s 6-8).

Marketing and naming compliance (s 40)

Ensure marketing materials do not use the term retirement village unless the site is one to which the Act applies. Review advertisements, sales literature and websites to avoid the offence in s 40 and its substantial penalties.

Training and resident communications

Provide clear resident communications regarding fees, rights, processes for termination or transfer, cooling-off arrangements and financial arrangements per s 48. Document delivery of disclosure materials and resident acknowledgements.

These steps convert statutory duties into operational policies: title annotation, trust and insurance segregation, contractual drafting aligned with codes, documented dispute-resolution, Court-first eviction procedures, compliance with inspection and privacy rules, and corporate governance that minimises director liability. Regular legal review and audit against the Act and prescribed codes will reduce regulatory, civil and criminal risk.

Retirement Villages Act 1995

Plain English Summary

Deep Dive

What it does

Current sections

Retirement Villages Act 1995

Source text: opening excerpt

1 Retirement Villages Act 1995

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply