Part 12 Headings and additional matter to be included in village contracts

Part 1.2 Headings and additional matter to be included in village contracts Section 1.17 page 50 Retirement Villages Regulation 2013 Effective: 01/11/25 R12 01/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) if a departure fee is payable—set out the method of working out the departure fee; and (c) include a statement to the effect that no departure fee is payable in relation to any period after the resident permanently vacates the premises. 1.17 Capital gain or loss (1) A village contract must include a clause with the heading ‘Capital gain or loss’ printed in bold font. (2) The clause must state— (a) whether any capital gain or loss, or increase in ingoing contribution paid by the incoming resident, is to be shared between the resident and the operator; and (b) if so—the relevant percentages. 1.18 Refund of payment to resident (1) A village contract must include a clause with the heading ‘Refund of payment to resident’ printed in bold font. (2) The clause must— (a) set out in full the method of working out any refund or payment due to the resident on ending the contract, the time for its payment and any relevant conditions on its payment; and (b) if 2 or more residents are parties to the contract— (i) state whether a partial refund is payable if 1 resident permanently vacates the residential premises; and (ii) if so, the circumstances under which a partial refund is payable.

Contents of village contracts Schedule 1 Headings and additional matter to be included in village contracts Part 1.2 Section 1.19 R12 01/11/25 Retirement Villages Regulation 2013 Effective: 01/11/25 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 1.19 Changes to this contract (1) A village contract must include a clause with the heading ‘Changes to this contract’ printed in bold font. (2) The contract must include a statement to the effect that the resident is not obliged to agree to amend the contract, or to end the contract and enter into a new one, because of changes in legislation (unless the legislation requires the amendment or ending) or for any other reason. 1.20 Annexures (1) A village contract must include a clause with the heading ‘Annexures’ printed in bold font. (2) The clause must mention the following, which must be annexed to the contract: (a) a copy of the disclosure statement given to the resident; (b) a copy of the current village rules (if any); (c) a copy of any applicable condition report.

Schedule 2 Matter to be excluded from village contracts Section 2.1 page 52 Retirement Villages Regulation 2013 Effective: 01/11/25 R12 01/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 2 Matter to be excluded from village contracts (s 13 (2)) 2.1 Dispute resolution A village contract must not require the parties to the contract to attempt to resolve disputes between them by any process other than the process provided under the Act. 2.2 Wills A village contract must not require a resident to have a will or to tell the operator about the location of a will. 2.3 Insurance (1) A village contract must not include a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance, ambulance fund or other form of health insurance. (2) However, the contract may require a resident who uses a motorised wheelchair to take out appropriate insurance in relation to the wheelchair. 2.4 Legal, accounting and other expenses A village contract must not include a provision enabling a resident to be charged individually for legal, accounting or other services incurred by the operator in— (a) corresponding with the resident or a person acting on the resident’s behalf; or (b) enforcing the contract.