Div 5General matters

Division 5—General matters 40—Interim financial reports (1) An operator must, on the request of a resident or residents' committee, provide an interim financial report that incorporates 1 or more of the following, as requested by the resident or residents' committee: (a) a statement of income received from residents, and expenditure of that income, for the relevant accounting period; (b) a statement of estimates of income from residents, and expenditure of that income, for the balance of the financial year; (c) a statement of income (from any source), and expenditure, for the relevant accounting period in respect of a capital fund; (d) a statement of estimates of income (from any source), and expenditure, for the balance of the financial year in respect of a fund or account referred to in paragraph (c); (e) other information as required by the regulations. (2) The operator must, if requested to do so by the resident or residents' committee, include as part of an interim financial report provided under subsection (1) copies of invoices substantiating expenditure for the relevant accounting period. (3) The relevant accounting period that applies with respect to a request under subsection (1) is the period from the beginning of the financial year in which the request is made to the end of the last completed quarter for that financial year (as determined at the time of the making of the request). (4) The operator must ensure that information provided under subsection (1) complies with any standard or principle prescribed by the regulations. (5) An interim financial report must be provided within 15 business days after the request is made. (6) If a contravention of subsection (1), (2), (4) or (5) occurs, the operator is guilty of an offence. Maximum penalty: $5 000. (7) If— (a) a request is made under subsection (1) or (2); and (b) the operator, on receiving the request, indicates that a fee of, or not exceeding, a specified amount will be payable to cover the cost of preparing and providing the relevant report; and (c) the specified amount is reasonable in the circumstances, then the operator may, in connection with providing the report under subsection (1) or (2), require the payment of an amount not exceeding the amount so specified. (8) For the purposes of this section, a quarter of a financial year is any of the periods of 3 calendar months that together make up the financial year that applies in relation to the relevant retirement village. 41—Residence rules (1) If a residence rule, or a provision of a residence rule, is harsh, oppressive, unconscionable or unjust, the rule or provision is void. (2) On application by a resident to whom a residence rule applies, the Tribunal may, if satisfied that the residence rule, or a provision of the residence rule, is harsh, oppressive, unconscionable or unjust— (a) order that the residence rule, or provision of the residence rule, is void and of no effect; or (b) order that the residence rule, or provision of the residence rule, is to apply in modified form as specified in the order, and the Tribunal may make any ancillary or incidental orders as the Tribunal sees fit. (3) The operator of a retirement village may only make an alteration to the residence rules applying in relation to the village in accordance with the requirements prescribed by the regulations. (4) In this section, an alteration to residence rules includes the following: (a) the variation of a residence rule; (b) the addition of a new rule to the residence rules; (c) the omission of a residence rule that is in force. 42—Documents to be supplied to residents (1) The operator of a retirement village must, at the request of a resident, provide the resident, free of charge and within 10 business days of the request, with— (a) a copy of the residence contract under which the resident was admitted to the retirement village; and (b) a copy of the residence rules that are applicable to the retirement village; and (c) a statement of the amount to which the resident would be entitled, by way of exit entitlement and exit fee, if the resident were to cease to reside at the retirement village; and (d) details of all current policies of insurance that are in place in relation to the village (such as a copy of the relevant certificates of insurance). This does not include policies of insurance taken out by individual residents of the village. (2) If an alteration is made to residence rules, the operator must issue an amended set of the rules to every resident. 43—Information about managers to be supplied to residents (1) The operator of a retirement village must, by written notice provided in accordance with the regulations, inform each resident of the village of the name and contact details of the village manager and any senior manager. (2) The operator of a retirement village must, by written notice provided in accordance with the regulations, inform each resident of the village of any change in details previously provided under this section. (3) If the operator of a retirement village refuses or fails to comply with this section, the operator is guilty of an offence. Maximum penalty: $2 500. 43A—Duty of operator to ensure common areas reasonably safe (1) The operator of a retirement village must ensure that the common areas of the village are reasonably safe. (2) In particular, the operator of a retirement village must— (a) ensure that an effective emergency plan is prepared and maintained for the retirement village; and (b) take reasonable steps to ensure that all residents and staff are familiar with the emergency plan and prescribed safety information; and (c) undertake a safety inspection of communal areas (if any) within the retirement village at least once each calendar year, and make a safety inspection report on the findings of each inspection available to residents; and (d) ensure that prescribed safety information is clearly displayed in communal areas (if any) within the retirement village and is provided to residents in accordance with any requirements specified in the regulations; and (e) take such other action as the regulations may require to ensure that the communal areas of the village are reasonably safe. (3) An operator commits an offence if the operator contravenes a provision of subsection (2). (4) Without limiting subsection (2)(e), the regulations may make provision for, or with respect to, the following: (a) emergency procedures in retirement villages or any class of retirement villages; (b) the form and content of the emergency plan under subsection (2)(a); (c) the conduct of safety inspections required under subsection (2)(c); (d) the manner and form of a safety inspection report under subsection (2)(c); (e) the display and provision of prescribed safety information. (5) The obligations imposed on an operator under this section are in addition to and do not derogate from any other obligation or duty of an operator under any other Act or law. prescribed safety information means— (a) a map indicating the location of assembly areas, exits and fire extinguishers and other emergency equipment for the communal areas and residences concerned; and (b) instructions concerning the evacuation of residents and staff from the communal areas and residences concerned in the event of a fire or other emergency; and (c) any other information of a kind prescribed by the regulations. 43B—Prescribed alterations (1) A resident of a retirement village may, by notice in writing to the operator, request approval to make an alteration of a prescribed kind to the resident's residence. (2) An operator must, within 10 business days of receiving a request under subsection (1)— (a) decide whether to approve or refuse the alteration; and (b) give the resident notice in writing of the decision (which, in the case of a refusal, must include the grounds for the refusal). (3) An operator may only refuse a request to approve an alteration of a prescribed kind to a residence if reasonable grounds exist for the refusal. (4) An approval of an operator for the purposes of this section may be subject to reasonable conditions (which may include, without limitation, a condition that the resident is responsible for reinstating the residence to the same condition as before the alteration was made). (5) This section prevails over any inconsistent term of a residence contract to the extent of the inconsistency unless the resident elects to rely on the contractual term (and then the contractual term will prevail to the extent of any inconsistency). (6) For the purposes of this section, an alteration to a residence is of a prescribed kind if the alteration— (a) involves the installation of a functional aid, equipment or infrastructure recommended as necessary for the resident by a registered health practitioner; or (b) is of a kind prescribed by the regulations for the purposes of this subsection.