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