SCHEDULE 1 - Residence Contrac SCHEDULE 1 - Residence Contract

Section 6(1)

[Schedule 1 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008]

| | | A residence contract should, so far as is reasonably practicable, be expressed plainly and in gender-neutral language and, without limiting any other terms or conditions which may be agreed between the parties, must comply with the following requirements: | | (a) NAMES OF PARTIES | | The contract must include the full names and addresses of each party to the contract and, in particular, the full address of the operator. | | (b) NAME AND ADDRESS OF THE RETIREMENT VILLAGE | | The contract must set out the name, if any, of the retirement village and its full address. | | (c) DESCRIPTION OF ACCOMMODATION | | The contract must identify the residential premises which will be occupied by the resident and give a reasonable description of their features. | | (d) TYPE OF OCCUPATION | | The contract must specify the type of occupation to which the resident is entitled, and the terms and conditions of that occupation. | | (e) INGOING CONTRIBUTION | | The contract must specify the amount of any ingoing contribution payable by the resident, the basis upon which the ingoing contribution is paid, and the date on which the ingoing contribution is payable. The contract must also set out the terms and conditions under which the ingoing contribution will be repaid as a result of any of the events referred to in section 8(3) or section 12 of the Retirement Villages Act 2004 and the basis upon which the amount of any repayment will be calculated. | | (f) FEES AND CHARGES | | The contract must specify the various fees and charges payable by the resident, distinguishing between recurrent charges and other fees. The contract must specify when each fee or charge is payable and the amount of the fee or charge, or its method of calculation. Any right to vary the fee or charge must be specified. The contract must also state any fee or charge which will continue to be payable if the resident is absent from the retirement village or ceases to reside in the retirement village. | | (g) FACILITIES AND SERVICES | | The contract must specify any facilities which are to be specifically provided for the benefit of the resident, and any work to be undertaken by the operator. The contract must also specify all services that the operator will provide for the benefit of residents and tenants generally. | | (h) LIABILITY FOR PERSONAL SERVICES | | The contract must state particulars of how it is proposed to calculate, in accordance with section 11 of the Retirement Villages Act 2004 , any amount that a resident may be liable to pay for personal services if he or she is absent from, or ceases to reside in, the retirement village. | | (i) COMMUNAL FACILITIES | | The contract must describe the communal facilities available to residents and tenants of the retirement village. | | (j) TERMINATION OF RESIDENCE RIGHTS | | The contract must specify the action which must be taken in order to terminate the contract and the steps, if any, that a party agrees to undertake after a termination. | | (k) OTHER ACCOMMODATION | | The contract may provide information as to any further care or accommodation that may be available to the resident in the future. | | (l) DISPUTES | | The contract must specify the procedures for the resolution of a dispute within the retirement village. | | (m) TRUSTEE | | The contract must set out the terms and conditions on which a trustee has been appointed for the purposes of the retirement village, so far as any such trustee is involved in holding moneys paid by the resident on trust, or is available or responsible to represent the interests of the resident, and any rights that the resident may have by virtue of that appointment. | | (n) REQUIREMENT FOR INDEPENDENT ADVICE | | The contract must include a statement that it has been recommended that, before the contract is signed, the prospective resident should obtain advice from an Australian legal practitioner or other independent source. |