RETIREMENT VILLAGES REGULATIONS 1995 (Northern Territory)

These Regulations perform three discrete mechanical functions under the Retirement Villages Act 1995. First, they prescribe the notarised application form to record retirement-village land use on the Land Titles Register and the practical requirements for that notation (Schedule 1). Second, they prescribe the fee payable with that application, being $165.00 (regulation 3(2)). Third, they prescribe a detailed Retirement Villages Code of Practice, contained in Schedule 2, which the Regulations adopt as the minimum standards for entry arrangements, operation, management and dispute resolution for retirement villages (regulation 4).

Operationally, the Regulations require that, for villages in which residents pay a premium or other consideration for non-freehold interests, management must not permit occupancy or the payment of any part of the premium until the Registrar-General has noted the land as retirement-village land under the Land Title Act 2000, in accordance with the Retirement Villages Act 1995 (Schedule 2, clause 18(1)). For villages established before commencement of the Act, the Code requires notation on the Register within three months after commencement (Schedule 2, clause 18(2)). The prescribed application form in Schedule 1 specifies who may sign and witness the application, the information to be supplied, and includes detailed notes on witnessing and authentication (Schedule 1 Notes 2-7).

The Code of Practice (Schedule 2) itself is comprehensive. It states its purposes and relationship with the Act, sets objectives and guiding principles, and then prescribes concrete obligations for management and residents on disclosure, contracts, fees, maintenance, budgets, resident participation, dispute-resolution structures and transfer/termination procedures. Notable mandatory items include a minimum 10 working day cooling-off period for residence contracts (clause 21), disclosure lists and specific documents a prospective resident must receive before contracting (clause 19, Schedules A and B), budgeting and audited accounts obligations with resident input (clause 37), the requirement for a Disputes Committee with a three-member composition and a Disputes Charter (clauses 39-40), and specific rules on termination procedures requiring court confirmation for management-initiated terminations (clauses 31-34).

NORTHERN TERRITORY OF AUSTRALIA RETIREMENT VILLAGES REGULATIONS 1995 As in force at 1 May 2016 Table of provisions 1 Citation ............................................................................................ 1 2 Commencement .............................................................................. 1 3 Notation of register .......................................................................... 1 4 Prescription of code of practice ....................................................... 1 Schedule 1 Schedule 2 Retirement Villages Code of Practice ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

RETIREMENT VILLAGES REGULATIONS 1995 Regulations under the Retirement Villages Act 1995 1 Citation These Regulations may be cited as the Retirement Villages Regulations 1995. 2 Commencement These Regulations shall come into operation on the commencement of the Retirement Villages Act 1995. 3 Notation of register (1) For the purposes of section 36(2) of the Act, the prescribed form is the form specified in Schedule 1. (2) An application under section 36 of the Act shall be accompanied by a fee of $165.00. 4 Prescription of code of practice The code of practice in Schedule 2 is prescribed.

Schedule 1 Retirement Villages Regulations 1995 2 Schedule 1 regulation 3(1) NORTHERN TERRITORY OF AUSTRALIA APPLICATION TO RECORD RETIREMENT VILLAGE LAND USE IN THE REGISTER The applicant, the registered proprietor within the meaning of the Land Title Act 2000 of the land described below, applies to the Registrar-General for the recording in the Register that the land is or is intended* to be used as a retirement village. (NOTE 1) Volume Folio Location Parcel Plan Unit Register: Applicant: Address for the service notices:

State whether land is being used as a retirement village or whether land is intended to be used for this use: (NOTES 2 & 7) .............................……………………. Signature of Applicant on (date) ..................…………………… in the presence of ..........…………………… Print Name …………………...................... Address ..............………………………. …………………...................... …………………...................... Telephone …………………...................... (NOTES 3, 4 & 5) .....................…………. Recorded in Register At (NOTE 6) .............................………………………….. Correct for the purposes of the Land Title Act 2000

Schedule 1 Retirement Villages Regulations 1995 3 SCHEDULE OF NOTES

The application is lodged as an original only and shall be typed or completed in ink or biro.
This application can be made by a lawyer or agent.
After witnessing the signing of the application, the witness shall legibly write, type or stamp his or her name and contact address or telephone number below the signature.
Persons who may witness this application are commissioners of oaths, lawyers, members of the Legislative Assembly, persons holding office under the Supreme Court Act 1979, Justices of the Peace Act 1991, Local Court Act 2015 or Registration Act 1927, members of the Police Force, licensed real estate agents and licensed business agents.
Applications may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths, Affidavits and Declarations Act 2010.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the application is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 4 Schedule 2 Retirement Villages Code of Practice regulation 4 PART 1: APPLICATION, OBJECTIVES AND PRINCIPLES What are the purposes of this Code? (1) The purposes of this Code are to set out the minimum standards of practice concerning: • entry arrangement for retirement villages • operation of retirement villages • management of villages • the resolution of disputes. (2) The Code is complementary to the Retirement Villages Act 1995. 2. What is the relationship between this code and the Retirement Villages Act 1995? (1) The Retirement Villages Act 1995 sets out: The rules regarding the administration of the Act. For example: • it provides that the Commissioner of Consumer Affairs is responsible for the administration of the Act • it provides the Minister with powers to grant exemptions from some of the obligations contained in the Act • it provides that authorised officers under the Consumer Affairs and Fair Trading Act 1990 have various powers to examine compliance with the provisions of the Act and the Code • it provides the Courts with powers to deal with disputes when dispute settling processes in this Code may have failed The core rights of residents and operators of retirement villages For example: • it provides that the right of a resident to occupancy can only be ended by determination of a court

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 5 • it provides that the financial interests of residents have the highest priority possible in relation to other creditors • it provides residents with, in extreme cases, the right for their contracts to be reviewed by the court on the grounds of being unconscionable (2) This Code of Practice fills in the details left open by the Act. (3) In particular the Code sets out the rules that must be followed for the purposes of maximising the possibility that residents and administering authorities are both aware of the rights and obligations relating to the village. (4) Neither the Code or the Act make any attempt to prescribe the level of service provided by the administering authority. (5) Issues concerning service levels, quality of the village amenities and all other lifestyle and medical matters are dealt with in the contract between the resident and the administering authority. 3. What is the basic application of this code? (1) Subject to subclause (2), this Code applies to all retirement villages (including any retirement villages operated by the Northern Territory Government). (2) This Code applies subject to: (a) any exemption that may be given under section 5(2) of the Act; (b) any exemption that may be given under section 39(2) of the Act; or (c) any exemption contained in any regulations made under section 52(3) of the Act. 4. Does this Code apply to retirement villages in existence prior to the commencement of operation of the Code (1) Subject to clause 5 and to any exemption referred to in clause 3, this Code applies to all retirement villages, regardless of the time when they commenced to be operated. 5. Does this Code apply to nursing homes and hostels (1) The Code applies to all accommodation that falls within the definition of retirement village (see section 3 of the Act and clause 41 of this Code) subject that for nursing homes and hostels that are not fully funded it is likely that there will be an exemption given as referred to in clause 3(2) of the Code.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 6 6. What are the objectives of this Code (1) The objectives of the Code are: (a) to clarify the rights and obligations of residents and management of retirement villages and by doing so promote fair trading practices in the retirement village industry; (b) to facilitate the disclosure of all important information relevant to a person who is considering entering a particular retirement village; (c) to require contract documents for retirement village accommodation to contain full details of the obligations and entitlements of residents and management; (d) to facilitate resident input, where desired by residents, into the management of retirement villages; (e) to establish appropriate mechanisms for the resolution of any disputes between residents and management or between residents; and (f) to encourage the promotion and development of resident-funded villages in accordance with the Code. 7. What are the general principles underlying the operation and administration of the Code? (1) The general principles guiding all those involved in the retirement village industry are: (a) that priority must be given to the well-being and interests of residents; (b) that there must be due acceptance of the rights of management and owners of retirement villages to manage retirement villages on behalf of the majority of residents and to receive an adequate return on any financial investment in the retirement village; (c) that the freedom of decision and action of residents should be restricted as little as possible and should be acknowledged in the relationship between residents and management of retirement villages; (d) that the importance of maintaining and facilitating the relationships of residents with their families and past and present communities, including taking account of the cultural, religious and linguistic backgrounds of residents, should be recognised;

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 7 (e) that residents should be encouraged to exercise, and in no way be inhibited from exercising, self-reliance in matters relating to their personal, domestic and financial affairs; and (f) that residents should be treated fairly and be protected from abuse and exploitation. PART 2: BASIC RIGHTS OF RESIDENTS AND MANAGEMENT 8. Provision of consumer advice prepared by the Commissioner of Consumer Affairs (1) A person who is involved in the promotion of a retirement village must make available to any person interested in becoming a resident a copy of any informational material that may be prepared and published by the Commissioner of Consumer Affairs. 9. What are the residents' rights to privacy (1) Residents have a basic right to privacy in personal accommodation which must be respected by management. (2) Management must facilitate the residents quiet enjoyment of both personal accommodation and communal amenities. 10. What are residents' rights for autonomy over personal and financial Affairs (1) Residents must have the right to complete autonomy over personal, financial and other matters and possessions. (2) Management must give residents reasonable access to any personal file created in respect of them by the management of a retirement village. 11. Acceptance of the need for sound management practices (1) Residents and management accept and agree that there is a requirement that management of the village is to be conducted in a sensible and financially prudent manner. (2) Management must ensure that the accounts for the village have been prepared in accordance with recognised Australian Accounting Standards.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 8 PART 3: DISCLOSURE OF INFORMATION 12. What are the general obligations of management in respect of the provision and disclosure of information (1) All information and contracts relating to a retirement village are: (a) to be written in clear, concise and plain English, avoiding vague or ambiguous statements and harsh or unconscionable terms; (b) not to be in breach of any provisions of the Code, the Consumer Affairs and Fair Trading Act 1990 or the Retirement Villages Act 1995; and (c) to fully disclose all of the terms, conditions and other arrangements which will apply in relation to a resident's occupation of the village. (2) Management should encourage prospective residents to obtain independent legal advice prior to entering into any arrangement concerning the ownership or occupation of a retirement village. 13. What are the basic obligations of residents (1) Residents have an obligation to inform themselves about the residence contract and any other contracts relating to their residence in the retirement village. (2) Residents should get independent legal advice before signing any documents and should not expect management to provide this advice. 14. What are the obligations of management regarding disclosures in advertising and sales promotions (1) All promotional or sales material provided by the management of a retirement village about the village, whether in written or oral form, is to be truthful, accurate, unambiguous and entirely consistent with the provisions of this Code, the Consumer Affairs and Fair Trading Act 1990 and the Retirement Villages Act 1995. 15. What are the obligations of management regarding compliance with planning laws (1) Any necessary development consents under the planning laws of the Northern Territory (currently the Planning Act 1999) must be obtained from all relevant authorities before any sales promotion of a retirement village is undertaken, but this does not preclude the carrying out of a market survey prior to any sales promotion.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 9 (2) Where the development consent includes a requirement that the developer provide certain services for the life of the development, that requirement must be disclosed to the prospective resident under this Code. 16. What are the rules regarding disclosure in advertising and sales promotion to issues relating to nursing homes? () (1) Subject to subclause (2), where any reference is made to nursing homes in any promotional or sales material provided by the management of a retirement village, the following information on the terms of entry to such facilities must be included: 'You should be aware that current Commonwealth policy guidelines on admission to subsidised hostels and nursing homes require places to be allocated on a "needs" basis. It is impossible for any organisation providing services for older people following individual assessment to guarantee admission to a subsidised hostel or nursing home.' (2) Subclause (1) is applicable: (a) unless the nursing home facility is fully resident-funded; and (b) subject to any variations in Commonwealth Government policy (in which case the management will obtain from the Commissioner of Consumer Affairs information of what should be an alternative form of wording). () See also clause 29 regarding subsidised hostel. 17. What are the rules regarding disclosure of information concerning proposed facilities and services (1) The developers or proposed managers of a retirement village must not make reference to proposed facilities and services in promotional or sales material unless there is: (a) an unequivocal assurance of implementation; or (b) a clear statement of any conditions on which their realisation is dependant. 18. What are the rules regarding statutory charges that may apply to land that comprises a retirement village? (1) For all retirement villages in respect of which residents pay a premium or any other money for an interest that is not freehold title in the home, unit or room that they are to occupy, the management of a retirement village must not permit a person to occupy the village or to pay any part

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 10 of the premium until the notice that the land is a retirement village is registered under the Land Title Act 2000 by the Registrar-General against the title for the land in accordance with the provisions of section 37 of the Retirement Villages Act 1995. (2) If a retirement village was established before the commencement of the Retirement Villages Act 1995, the Register must be noted within 3 months after the commencement of the Act. (3) The administering authority must make available to a prospective resident a copy of the advice from the Registrar-General that the Register has been noted. This notation ensures that a statutory charge applies to the land with respect to the right of a resident to repayment of a premium or part of a premium in accordance with a residence contract. 19. What fees, premiums, charges and other matters must be disclosed? Financial and Other Information (1) The Management of a retirement village must make the following information available, in writing, to a prospective resident of the retirement village before the prospective resident enters into any contract relating to the village: (a) a list of all costs payable by the prospective resident to enter the village; (b) a list of all recurrent charges, fees or management fees payable by a resident and a clear statement of the method to be used to calculate any variation. In respect of fees Management must state exactly what services the fees cover including personal care or unit title management under delegation from a body corporate; (c) a clear outline of the method used to calculate the aggregate levies and whether different formulae apply to different services, items or entitlements (e.g. statutory charges, insurances, personal care costs, on site management etc); (d) a clear statement of the nature and fee structure of all personal care services. Any care agreements negotiated after occupancy of a retirement village should also specify what care services are covered and by what fees. (e) a list of any additional or optional services provided and their cost;

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 11 (f) where a village offers a range of accommodation (e.g. self-care and hostel units), details of the costs associated with moving to and living in the alternative accommodation; (g) a detailed budget, including any provision for future maintenance for the village, for the current financial year if the village is already operating or the projected budget if it is under construction and, if any such budget extends to things other than the village, then adequate details must be provided; (h) a copy of Schedule A to this code containing written answers to the questions set out in that Schedule; (i) a copy of the checklist set out in Schedule B to this code; (j) a copy of the village rules (including any by-laws of the body corporate under the Unit Titles Act 1975 or Unit Title Schemes Act 2009); and (k) a clear explanation of the refund entitlement, if any, to a resident, if the resident or management terminates the resident's contract. It must include any fees or commissions charged by management on termination of a contract and detail the method used to make such determinations. This is also to enable a prospective resident to determine the final return due after say 1, 2, 5 and 10 years. This is to allow a meaningful comparison between the financial packages offered by different retirement villages. 20. Provision of information concerning title and tenure (1) Management must ensure that the residence contract contains a full disclosure of the legal basis of occupancy and the type and length of tenure secured in return for the payment for entry. 21. Cooling-off period (1) All residence contracts and any other associated contracts relating to a retirement village entered into after the commencement of the Code must provide for a cooling off period of a minimum of 10 working days. (2) During this period a prospective resident may withdraw from the contract by giving notice in writing to the management of the retirement village or its agent without loss or penalty. (3) The cooling off period is waived if the resident commences to live in the residential premises.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 12 22. Accommodation (1) The residence contract documents must include or be accompanied by plans that show the location, floor plan and significant internal dimensions of the accommodation. They must also include plans showing the location, floor areas and other features or any separate carport, garage, storage areas or other area allocated to the resident. (2) The fixtures, fittings and furnishing which are to be provided must be listed. Any items for which maintenance will be the residents responsibility or which are not covered by maintenance fees payable by the resident, must be so identified. 23. Services and facilities (1) Contracts between management and a resident relating to a retirement village must detail all services and facilities that are to be provided by the management. This detail must include information as to who is providing the service and whether there is a separate charge for its use. Where a service is provided by an independent agency, any potential restrictions on access to the service must be clearly stated (e.g. some services may have eligibility criteria or waiting lists). 24. Accommodation charges and refund provisions (1) All accommodation charges, including the methods used for determining a charge (ie. any premium that is required to secure accommodation in the retirement village) must be fully specified in the residence contract together with the residents rights to a refund, if any, on termination of the contract. If there is to be a refund, the contract must set out in full the method of calculation and the time for payment and relevant conditions. If there is not to be a refund, the contract must specify that fact. 25. Regular maintenance and service charges (1) The residence contract and any other contract between the management and a resident of a retirement village must contain all details necessary to provide a resident with an understanding of what his or her recurrent charges will be, the method of determining a charge, when they must be paid and what will be provided in exchange, for these charges. Recurrent charges for the current financial year of any such contract and the basis for their future determination must be set out in the contract. 26. Fees, deferred fees and deferred entrance payments (1) Management must not charge residents regarding costs which are not actually incurred.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 13 (2) Where a deferred fee is payable by a resident on departure, or sale of, or transfer of, or other termination of a residence contract, the fee and the basis for its determination must be clearly set out in the residence contract. (3) A fee or payment required of residents shall only be described as a "fee", "deferred fee", "deferred management fee" (or words of similar import) if, in fact, the fee or payment relates to a service that is provided by management. (4) In particular any amount that is, in fact, part of a payment for the right of entry for a resident must be described as such in the disclosure statement and must not be described as a fee. 27. Costs incurred by resident while absent from village (1) Residents should not be charged for costs which are not incurred by the retirement village in their absence. There shall be a responsibility on the administering authority to minimise costs during the absence of a resident. 28. Relocation (1) The circumstances, if any, in which a resident may transfer from a fully independent self care unit to another type of accommodation in a retirement village, such as a hostel, must be disclosed in the residence contract (or in any other relevant contract entered into by a resident) together with the financial and other arrangements which would apply in the event of such a transfer. (2) Where there is a dispute about the transfer of a resident within a village it is to be treated in the manner provided by this Code and the Retirement Villages Act 1995. 29. Hostel entry (1) Where any reference is made to hostels in any promotional or sales material provided by the management of a retirement village, the following information on the terms of entry to such facilities must be included: You should be aware that current Commonwealth policy guidelines on admission to subsidised hostels requires that places are to be allocated on a needs" basis. It is impossible for any organisation providing services for older people to guarantee admission to a hostel". (2) The above is applicable unless the hostel facility is fully resident- funded.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 14 30. Code of practice and Retirement Villages Act 1995 (1) The residence contract must draw the residents attention to the existence of this Code and the Retirement Villages Act 1995. It must refer to the rights of residents to have disputes heard by the retirement village's Disputes Committee (refer to Part 6) and the limited rights to go to the relevant Court. The contract must also refer to the provisions of this Code relating to the involvement of residents in management. (2) In the situation where a resident will not own a retirement unit, contracts must state whether the Registrar-General has noted on the Register that the land comprising the retirement village is to be used for that purpose. Contracts should also explain that this notation will cause a statutory charge to apply to the land which is a right of the resident to the repayment of the whole or a part of the premium which may have been paid in consideration for admission to a retirement village. PART 4: TERMINATION OF CONTRACT 31. Retirement Villages Act 1995 controls termination process (1) Retirement Villages are clearly marketed by the industry as permanent accommodation for residents of such villages. Therefore, a residence contract may only be terminated in a limited number of circumstances set out in the Retirement Villages Act 1995. 32. Termination by management (1) In accordance with the Retirement Villages Act 1995, the termination of a residence contract by the management of a retirement village will have no effect unless it is confirmed by the relevant Court. Under that Act the management may apply to the relevant Court to terminate a residence contract on the following grounds: (a) that the residents physical or mental health is such as to make the residential premises unsuitable for occupation by the resident; (b) that the resident has breached the residence contract or residence rules and has failed to rectify the breach; (c) that the management would suffer undue hardship if the residence contract was not terminated; and (d) that the resident has intentionally or recklessly caused or permitted, or is likely intentionally or recklessly to cause or permit serious damage to the residential premises or injury to management, an employee of the management or another resident.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 15 (2) The residence contract must contain a statement of the management's rights to terminate the contract and a statement that the termination has no effect unless it is confirmed by the relevant Court. 33. Notice of intention to terminate by management (1) Where the management of a retirement village seeks to terminate a residence contract for any reason (other than because the resident has caused or permitted or is likely to cause or permit, serious damage or injury) it must give the resident 14 days written notice of its intention to apply to the relevant Court for an order terminating the contract. (2) Where termination is being sought because of a breach of the residence contract or residence rules, a notice of intention to terminate given by the management must specify the breach. (3) A notice of intention to terminate must clearly set out the grounds for the application and must clearly state that the contract cannot be terminated without an order from the relevant Court and refer to the relevant provision of the Retirement Villages Act 1995. 34. Payments on termination by management (1) Where termination of a residence contract has been initiated by the management of a retirement village, it must pay the resident any money to which she or he is entitled under the contract within 1 month of the termination of the contract or within 14 days of the next resident taking occupation, whichever first occurs. 35. Termination by residents (1) The manner in which a resident may terminate a residence contract must be set out in the contract. The maximum notice that may be required of a resident is 1 month's written notice of intention to terminate a contract. (2) A residence contract is also terminated if the resident dies or abandons the residential premises occupied by the resident. 36. Payments on termination by resident (1) Subject to sub-clause (2), where termination of a residence contract has been effected by the resident, the management of the retirement village must pay the resident any money due under the contract on the earliest occurring of the following times:– (a) within 6 months of receiving written notice of the intention to terminate; or

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 16 (b) within 14 days of the premises being occupied by a resident who has paid the monies referred to in clause 19(1)(a). (2) A payment made as referred to in clause 36(1)(a) is not required to be made sooner than one month after the vacation by the resident of the residential premises. (3) Residents must be made aware that recouping their refund may be delayed pending occupation of the residential premises by a succeeding resident and the payment of the entry fee (unless the village undertakes to refund monies regardless of any re-allocation of the premises). PART 5: VILLAGE MANAGEMENT 37. What must management do to ensure resident input into management issues (1) It is the responsibility of management to create appropriate structures for resident input, where desired by residents, in consultation with current residents. This is in keeping with the objective of facilitating resident input, where desired by residents, into the management of retirement villages and the principle of restricting as little as possible the freedom of decision and action of residents. (2) Such structures must allow for residents; (a) to be provided with the current year's detailed budget and the audited accounts of actual expenditure against budget within 4 months of the end of each financial year; (b) to have input into and agree to the budget for each financial year. The budget should contain sufficient information to explain any increase in fees and would normally include the costs of services, a general maintenance work plan, and where appropriate, details of any upgrading or expansion of facilities and changes or additions to existing services. Management should supply to residents information on financial performance in the current financial year and a draft budget for the coming financial year within a reasonable time prior to the end of the current financial year. The final budget should be developed out of those consultations; (c) to have input into and agree to any change to services or facilities which involves either increased costs to residents (beyond those agreed to in the retirement villages budget) or which may lead to loss of amenity by the residents;

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 17 (d) to have input into and agree to proposals for the upgrading of buildings, fixtures or fittings where the residents are financing either the whole, or part of, the capital or recurrent costs of the work. Where possible, upgrading recommendations should form part of the annual budget; (e) to contribute to the formation of a Disputes Committee; and (f) to contribute to the establishment of any set of village rules and have input into and agree to any amendment or addition to existing village rules. Village rules must be consistent with the General Principles stated in Part 1 of this Code. (3) While management must provide appropriate structures every resident may choose the extent to which she or he wishes to participate in the affairs of the retirement village. PART 6: DISPUTE RESOLUTION 38. How to deal with disputes (1) It is recognised that in any communal living situation such as a retirement village where facilities are shared, disputes between residents and management and between residents will arise from time to time. This Code places particular emphasis on providing easy access to an informal and inexpensive process to resolve disputes. However, there always remains an obligation on the parties to a dispute to attempt to resolve the dispute themselves. 39. Disputes Committee (1) The management of a retirement village is required to convene a Disputes Committee to hear and mediate disputes that arise within the village. The Disputes Committee will be a panel comprising three persons: (a) a person appointed by residents; (b) a person representing the management; and (c) a person agreed to by both the resident and management representatives. (2) It is the responsibility of residents to determine a method of appointing (and terminating the appointment) the person referred to in subclause 39(1)(b). Any such method shall however incorporate the concept that the person appointed shall be appointed for only such period of time that he or she is acceptable to the majority of the residents of the village.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 18 (3) Where there is a dispute concerning the appointment of members of the Disputes Committee the persons in dispute may refer the matter to the Commissioner of Consumer Affairs who may then, after considering the views of all parties, make the appointments for the positions that are disputed. (4) Management must produce a "Disputes Charter" which sets out the procedures to be followed in the settlement of disputes. 40. Applications to Disputes Committee (1) Where a dispute arises within the charter of the Disputes Committee (as decided by the residents and management of a retirement village), either a resident or management may apply to the village's Disputes Committee to have the matter heard. (2) The Committee should meet as soon as possible after being notified of a dispute and may hear or mediate the matter in accordance with its charter. (3) The Committee must advise the parties to the dispute, in writing, of its decision within 30 days of receiving notice of the dispute (see (4) and (5) below regarding what happens if a party is dissatisfied with a decision of a disputes committee). (4) Where a dispute relates to the transfer of a resident from one kind of accommodation in the village to another or to a claim that a residence rule is unconscionable, harsh or oppressive or contravenes any applicable code, and all procedures under this Code have been exhausted without resolving the dispute, the resident or management may apply to the relevant Court to resolve the dispute. (5) Applications may also be made to the relevant Court if a resident or management claims that a dispute of any other kind has not been resolved after hearing by the Disputes Committee, but only if the dispute materially affects a party to the dispute and it is in the public interest to do so. 41. Model provisions may be developed by the Commissioner of Consumer Affairs (1) For the purpose of assisting residents and management in the performance of their various obligations the Commissioner of Consumer Affairs may produce documents that contain model provisions relating to such matters as: • the establishment of disputes committees • the processes to be followed in the resolution of disputes

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 19 • the various types of residents' contracts • explanations concerning levies and budgetary processes 42. Definitions In this Code: ADMINISTERING AUTHORITY has the same meaning as MANAGEMENT; MANAGEMENT, in relation to a retirement village, means the administering authority or 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; 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; RESIDENT 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 the spouse or de facto partner of such a person; RETIREMENT VILLAGE means a complex containing residential premises, forming a community/village predominantly or exclusively occupied, or intended to be predominantly or exclusively occupied by retired persons; VILLAGE RULES means the rules with which residents of a retirement village are expected by the management to comply, and includes any by-laws (to which the residents are subject) in force under the Unit Titles Act 1975 or Unit Title Schemes Act 2009. SCHEDULE A INFORMATION THAT MUST BE SUPPLIED BY THE MANAGEMENT OF RETIREMENT VILLAGES

Does a prospective resident have to supply a medical certificate or report to certify her/his ability to live independently?
Does a resident have to provide documentation of her/his medical condition and medications. If so, who will have access to it?
What restrictions are there on a resident in the use of her/his unit and the village facilities with regard to: • having someone else live with her/him; • having visitors, including overnight or short stay guests;

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 20 • car parking; • pets; and • other restrictions? 4. What type of public, private or village transport is available to residents? 5. If the unit is still under construction, does a resident have a say in the design, construction or furnishing of her/his unit? 6. Can a resident's contract be terminated? Under what conditions? (The conditions must include the procedures to be followed under the Retirement Villages Act 1995.) 7. Can a resident move or be moved from one part of the village to another part, and if so, under what circumstances? 8. What arrangements exist for residents to participate in the management of the village? Specify the extent to which residents are involved in making village rules and setting fees and charges? 9. Who bears the cost of capital replacement, major repairs and long term maintenance (a) in common areas; (b) in individual units? Specify items if necessary. 10. Do the annual accounts include provisions for infrequent items of expenditure such as long term maintenance, major repairs to buildings and capital replacement items which may carry through to future years? 11. What provisions and obligations exist to provide for future infrequent expenditure? Has management explained these provisions and obligations? 12. What contribution is made to these funds by residents and by management? 13. If a resident leaves the village for any reason, on a temporary or permanent basis, how long do charges continue to apply: (a) unit charges? (b) occupancy charges? (c) care charges? Are any of these charges decreased on departure or death of a spouse or co-habitant of a unit, or increased by any additional occupant? 14. What is the formula used to calculate aggregate levies? Does a different formula apply to different services, items or entitlements (e.g. statutory charges, insurances, personal care costs, on-site management etc)?

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 21 15. What protection does a resident have against a loss of rights (including accommodation rights) if the village is sold to another organisation? 16. Can residents be made liable for any additional or extraordinary charges and, if so, for what purposes? 17. Are there any restrictions on the resident on the sale of her/his unit? What happens if there is a dispute over the sale price? 18. What is the background and experience of the retirement villages senior management? 19. What trustees are appointed by the management? What, if any, connection do they have with the management company? Do residents contribute to the costs of the trustees? If so, what is that contribution? 20. Have management and residents agreed on a disputes settlement process for the village? Is a copy of the Disputes Committee charter available on request? 21. What are the details of all management fees (as distinct from "deferred fees") and do they state exactly what services these fees cover, including personal care or unit title management under delegation from the body corporate. 22. What is the exact nature and fee structure for personal care services available to residents? If personal care agreements are negotiated after occupancy of a retirement village, will they specify exactly what care services are covered and by which fees? 23. How much of the money paid for entry to the village will a resident (or the resident's estate) get back when the resident leaves , if the next resident pays the same amount. 24. By how much will the amount of the refund be varied if the capital contribution of the next resident is more or less than that which the resident paid. 25. Any other additional information as to what happens to the residents interest when the resident dies or otherwise leaves the village? SCHEDULE B RESIDENT CHECKLIST It is important for you to carefully read and consider the following questions before deciding to enter any retirement village. If after reading through the list, you are uncertain as to any aspects of the village, or its suitability for you, seek further advice.

Schedule 2 Retirement Villages Code of Practice Retirement Villages Regulations 1995 22

Have I fully discussed my decision to enter a retirement village with my family, friends or adviser?
If I am considering moving to a retirement village because the housework, gardening and general maintenance has become too much, have I fully considered other options?
Have I received adequate information about the retirement village? Have I shown the documents to my solicitor? Am I satisfied that I fully understand the contract that I am signing?
Do I know that the lifestyle of the Village (including social activities and religion) will suit me? Have I spoken to any residents of the village?
Will the village and my unit be readily accessible if I become disabled and need a wheelchair or walking aid? What alternatives do I have if I become too frail to live alone?
Does the village provide nursing care, an emergency call system and other facilities specially designed for the elderly? Do these meet my present and likely future needs?
Can I afford to live in the village and what are the financial consequences for me if I do not like living in the village and wish to move out?
How much of the entry contribution, whether capital, donation, loan or the like, that I put in at the beginning will I (or my estate) get back when I leave, if the next resident pays the same amount?
By how much will the amount of refund be varied if the next resident's entry contribution is more or less than that which I paid?
Do I realise that recouping my refund may be delayed pending resale (re-leasing or re-licensing) of the property? Does my contract outline when any refund is due to me upon vacation?
Have I received adequate assurance that the entry contribution is protected by a statutory charge that exists on the land comprising the retirement village?

ENDNOTES Retirement Villages Regulations 1995 23 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 Regulations (SL No. 35, 1995) Notified 1 November 1995 Commenced 1 November 1995 (r 2, s 2 Retirement Villages Act 1995 (Act No. 28, 1995) and Gaz G44, 1 November 1995, p 3) 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) 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) Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) 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) 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: r 1 and sch 1 and 2.

ENDNOTES Retirement Villages Regulations 1995 24 4 LIST OF AMENDMENTS sch 1 amd Act No. 45, 2000, s 12; Act No. 40, 2010, s 202; Act No. 8, 2016, s 45 sch 2 amd Act No. 45, 2000, s 12; Act No. 24, 2010, s 18

1 RETIREMENT VILLAGES REGULATIONS 1995

NORTHERN TERRITORY OF AUSTRALIA

As in force at 1 May 2016

State whether land is being used as a retirement village or whether land is intended to be used for this use: (NOTES 2 & 7) .............................……………………. Signature of Applicant on (date) ..................…………………… in the presence of ..........…………………… Print Name …………………...................... Address ..............………………………. …………………...................... …………………...................... Telephone …………………...................... (NOTES 3, 4 & 5) .....................…………. Recorded in Register At (NOTE 6) .............................………………………….. Correct for the purposes of the Land Title Act 2000

Schedule 1 Retirement Villages Regulations 1995 3 SCHEDULE OF NOTES

The application is lodged as an original only and shall be typed or completed in ink or biro.

The Regulations enshrine a number of organising concepts in Schedule 2. These are the legal and administrative building blocks that determine how management and residents interact.

Purpose and relationship to the Act. The Code declares itself complementary to the Retirement Villages Act 1995 and explicitly identifies the Act as the source of administrative rules, exemptions, authorised-officer powers and the court’s role in disputes and termination (Schedule 2, clauses 1-2). The Code fills out terms left open by the Act rather than supplanting its statutory rules (clause 2(2)-(4)).

Objectives and principles. The Code sets objectives to clarify rights and obligations, facilitate disclosure, require complete contractual documentation, enable resident input, provide dispute-resolution mechanisms, and encourage resident-funded villages (clause 6). Principles include prioritising residents’ well-being, allowing management to receive a commercial return, limiting restrictions on resident freedom, recognising familial and cultural ties, encouraging self-reliance, and protecting residents from abuse or exploitation (clause 7).

Disclosure and informed consent. A central concept is that of full, plain-English disclosure of costs, services, tenure, refunds and conditions prior to contracting (clauses 12 and 19-21). The Code requires specific documents to be supplied before a prospective resident enters any contract, including lists of costs, recurrent charges and the exact services covered by fees (clause 19). Schedule A provides a catalogue of questions that must be answered and supplied to prospective residents, and Schedule B furnishes a resident checklist.

Security of financial contributions and land notation. Where residents pay a premium for a non-freehold interest, the Code treats land notation on the register as the mechanism that creates a statutory charge to secure a resident’s right to repayment of part or all of an entry contribution (clause 18(1) and (3)). Management must not permit occupancy or accept part of the premium until that notation has been made (clause 18(1)).

Governance and resident participation. The Code expects management to create structures for resident input into budgets, service changes, upgrades and village rules, and to provide audited accounts to residents within four months after the financial year (clause 37(2)(a)-(d)). Management must facilitate resident involvement in the formation of the Disputes Committee and the making or amendment of village rules (clause 37(2)(e)-(f)).

Dispute resolution. The Code establishes a low-cost, internal Disputes Committee model as the primary mechanism for resolving disputes before court involvement. The Committee is to be a three-person panel (resident appointee, management appointee, mutually agreed chair) and must adopt a Disputes Charter with procedural rules (clauses 38-40). The Code limits access to courts in certain circumstances to disputes that materially affect a party and are in the public interest or where Disputes Committee processes have been exhausted (clause 40(4)-(5)).

Contractual constraints on termination and refunds. The Code makes clear that residence contracts are treated as durable arrangements, with management termination effective only by court order (clause 32). It prescribes notice requirements for management-intended terminations (14 days) and timing for payments on termination by either party, including caps on resident notice periods and specified time windows for refund payments (clauses 33-36).

Definitions and scope. The Code supplies practical working definitions , administering authority/management, residence contract, resident, retirement village, village rules , to make sure its obligations apply to the intended actors and instruments (clause 42). It also sets out its general application to all retirement villages subject to statutory exemptions identified in the Act (clauses 3-5).

Regulatory supplements. The Commissioner of Consumer Affairs is given an explicit role to publish informational material for prospective residents and to develop model provisions and documents (clauses 8 and 41). This concept institutionalises an administrative support function that centralises consumer information and templates.

Taken together, these concepts place disclosure, resident security and participatory governance at the centre of the regulatory design, while leaving levels of service and medical care to contract negotiation and the parties’ choice (clause 1(4)-(5)). The Code repeatedly invokes the Act and other laws for enforcement and particular technical rules, so it functions as a prescriptive but non-exhaustive regulatory framework intended to integrate with existing statutory instruments.

The Regulations and the Code affect a tight circle of stakeholders directly and several others indirectly.

Directly affected parties

Management or administering authority. Defined as the person or body by or on whose behalf the village is administered and including non-resident landowners, management bears the principal compliance responsibilities: disclosure, budgets and accounts, documentation of tenure, maintenance of registers, convening Disputes Committees and delivering services (Schedule 2, clauses 12, 19, 22-26, 37-40, 42).
Prospective residents. Any person interested in becoming a resident must be given specific information in advance, including the Commissioner’s consumer materials and the documents listed in clause 19 and Schedule A and B. Prospective residents receive a statutory cooling-off right and the protection of registration-based statutory charges where applicable (Schedule 2, clauses 8, 19, 21, 18(3)).
Current residents. Residents receive rights to privacy, autonomy, access to personal files, participation in budget decisions, receipt of audited accounts and involvement in village rules and Disputes Committees. They have obligations to inform themselves and to comply with payments and village rules (Schedule 2, clauses 9-11, 13, 19, 37).
Commissioner of Consumer Affairs. The Code grants the Commissioner an express role to publish consumer information, model provisions and to resolve appointment disputes for Disputes Committee members if the village cannot agree (clauses 8, 39(3), 41). The Code also articulates that the Commissioner has administrative responsibility under the Act (clause 2(1)).
Registrar-General. The Registrar-General of the Land Title Act 2000 is the decision-maker who records the notation that produces the statutory charge over land, and the Code requires the administering authority to supply prospective residents with advice that the Register has been noted (clause 18(1)-(3); regulation 3(1) prescribes the form).

Indirectly affected parties

Courts. The Code relies on the relevant Court under the Retirement Villages Act 1995 to confirm management terminations and to determine disputes where internal remedies are exhausted or where matters materially affect parties and are in the public interest (Schedule 2, clauses 2(1), 31-34, 40(4)-(5)).
Developers and planners. Where planning consents impose development-life requirements, the Code requires disclosure of those life-of-development obligations and prior planning consents must be obtained before sales promotion, subject to a market survey exception (clause 15).
Independent service providers and personal care agencies. The Code requires disclosure where services are provided by independent agencies, and sets out that eligibility restrictions or waiting lists must be clearly disclosed (clause 23).
Bodies corporate and unit title stakeholders. The Code requires disclosure of any by-laws under Unit Titles Act 1975 or Unit Title Schemes Act 2009 and contemplates management acting under delegation from a body corporate for unit title schemes (clauses 19(j), 19(b) footnote on unit title management).
Estates and successors. The Code prescribes refund and termination procedures that affect estates and the timing of payments to estates after the resident leaves or dies (clauses 36 and Schedules A and B questions 23-25).

Other legal and administrative actors referenced

Authorised officers under the Consumer Affairs and Fair Trading Act 1990, who have inspection and enforcement powers for compliance as supplied by the Act (clause 2(1)).
Witnesses and practitioners for register applications. Schedule 1 sets out who may witness or authenticate the application for register notation (Schedule 1 Notes 3-7).

Who pays and who decides

Who pays: The Regulations prescribe a fee of $165 for the application to note the Register (regulation 3(2)). Management is the party who bears most operational costs of complying with disclosure, budget and audit obligations. Residents pay the entrance payments, premiums, recurrent charges and any agreed deferred fees; the Code requires transparent disclosure of how these are calculated (clauses 19, 24-26).
Who decides: Management decides on services and fees subject to consultation requirements and resident input; the Registrar-General decides on notation under Land Title Act processes; the Commissioner can produce model provisions and resolve appointments; the Court decides on contract terminations and unresolved disputes after internal mechanisms are exhausted (clauses 2, 18, 37, 39, 40).

The Code applies to all retirement villages unless an exemption under the Act applies; it flags likely exemptions for nursing homes and hostels that are not fully resident-funded (clauses 3-5, 16 and 29).

This section sets out the principal operational duties imposed on management and principal rights guaranteed to residents as established in Schedule 2.

Key duties of management and administering authority

Make consumer advice available. Management must give any interested person a copy of the Commissioner’s consumer information (clause 8(1)).
Disclosure obligations when marketing and prior to contracting. All promotional and sales material must be truthful, accurate and consistent with the Code and the Consumer Affairs and Fair Trading Act 1990 and Retirement Villages Act 1995 (clause 14(1)). Before a prospective resident signs, management must provide written information including a list of entry costs, recurrent charges and the method of calculating variations, a detailed budget for the current year or projected budget if under construction, a copy of Schedule A and B, a copy of village rules and an explanation of refund entitlements and methods of calculation (clause 19(1)(a)-(k), clause 20).
Registration notation and restriction on occupancy. For non-freehold interests with premiums, management must not permit occupation or acceptance of any part of the premium until the Registrar-General has noted the Register that the land is a retirement village (clause 18(1)). For existing villages established prior to commencement, notation must occur within three months of commencement (clause 18(2)). Management must make available to prospective residents the Registrar-General’s advice that the Register has been noted (clause 18(3)).
Contract content and plain language. All information and contracts must be in clear, concise and plain English, avoid vague or unconscionable terms, not breach the Code or consumer law, and fully disclose the terms of a resident’s occupation (clause 12(1)(a)-(c)).
Cooling-off period. Residence contracts must give a minimum 10 working day cooling-off period during which the prospective resident may withdraw in writing without penalty, unless the resident has commenced occupying the premises (clause 21).
Budgets, accounts and resident input. Management must prepare accounts consistent with recognised Australian Accounting Standards (clause 11(2)). Residents must be provided with the current year’s detailed budget and audited accounts within four months of financial year end and be given input into and agreement on the next year's budget and any service changes that increase costs or reduce amenity (clause 37(2)(a)-(c)).
Maintenance of services and fee transparency. Contracts must detail all services and who provides them, specify what is and is not covered by fees, and fully disclose methods for determining recurrent charges and future variations (clauses 23, 25).
Conduct of terminations and payments. Management termination of a residence contract is ineffective unless confirmed by the relevant Court (clauses 31-32). Where management seeks termination other than for very serious reasons, it must give 14 days written notice of intention to apply to the Court, specifying breaches if applicable (clause 33). When management initiates termination, any money due must be paid within one month of termination or within 14 days of next resident taking occupation, whichever occurs first (clause 34).
Dispute-resolution obligations. Management must convene a Disputes Committee, produce a Disputes Charter and participate in the committee’s processes (clauses 39-40).

Key rights of residents

Privacy, quiet enjoyment and autonomy. Residents have a basic right to privacy in personal accommodation and the right to quiet enjoyment of premises and communal amenities. They also have the right to autonomy over personal, financial and other matters and to access personal files maintained by management (clauses 9 and 10).
Priority of residents’ financial interests. The Code states that the Act gives residents’ financial interests the highest possible priority in relation to other creditors (clause 2(1) second bullet).
Security of entry contributions. Where applicable, the notation on the Register creates a statutory charge that secures a resident’s right to repayment of a premium or part of a premium on termination in accordance with the residence contract (clause 18(3)).
Information and cooling-off. Prospective residents are entitled to extensive pre-contractual information, the Commissioner’s materials, Schedules A and B, and a 10-working-day cooling-off period (clauses 8, 19, 21).
Input into budgets and rules. Residents have an express right to input into budgets and amendments to village rules and to be involved in agreements where residents finance upgrades or changes (clause 37(2)(b), (d), (f)).
Internal dispute process and limited access to courts. Residents can apply to the village’s Disputes Committee and, after exhaustion or in certain statutorily defined cases, to the Court (clauses 38-40).
Transparent refund and termination terms. Contracts must set out refund entitlements, calculation methods and timing, including examples over multiple time horizons to allow comparison between villages (clause 19(1)(k)).

Constraints on both parties

Management cannot describe amounts incorrectly. Any amount that is a payment for entry must be described as such and not labelled a management fee or similar to disguise a capital component; deferred management fees must relate to services actually provided (clause 26(2)-(4), 26(1)).
Residents must inform themselves. Residents are obliged to inform themselves about their contract and are encouraged to obtain independent legal advice; management should encourage but not provide that advice (clause 13).

These duties and rights allocate administrative and disclosure burdens to management while conferring a set of procedural and financial protections on prospective and current residents, anchored to register notation, contract content and internal governance processes.

The Regulations and the Code do not create a separate schedule of penalties within the text; rather, enforcement is effected through the statutory mechanisms in the Retirement Villages Act 1995 and related Territory consumer protection laws. The Code repeatedly points to the Act as the source of enforcement and to authorised officers under the Consumer Affairs and Fair Trading Act 1990 as the investigatory authority (Schedule 2, clause 2(1)). The Code itself prescribes processes, obligations and timeframes but does not set monetary fines or criminal sanctions in the text of the Regulations.

Court-based enforcement and termination. The Code explicitly conditions management-initiated termination on confirmation by the relevant Court and describes grounds on which management may apply for termination (physical/mental unfitness, breach of contract, undue hardship, risk of serious damage or injury) (clauses 31-32). This means that where management seeks termination, the remedy and any attendant enforcement (removal of a resident, orders for payment, etc.) are delivered by the Court under the Act rather than by administrative penalty under the Code.

Administrative oversight and remedies. The Code assigns the Commissioner of Consumer Affairs an administrative role: to publish consumer materials, model provisions and to resolve disputes or appointment issues concerning Disputes Committee membership where required (clauses 8, 39(3), 41). It also notes that authorised officers under Consumer Affairs and Fair Trading Act 1990 have powers to examine compliance (clause 2(1)). These administrative powers likely support investigations and administrative enforcement actions under the Act and the Consumer Affairs statute.

Contractual remedies and monetary obligations. The Code stipulates timing for payments on termination and for refunds (clauses 34, 36). Breach of these contractual obligations would commonly be remedied by contract enforcement actions in court. The Code also requires contracts to state refund calculations and methods; failure to provide such disclosure may expose management to remedies under consumer law or to court review if contracts are claimed unconscionable (clause 2(1) third bullet).

No express penalty table in the Regulations. Unlike some regulations that append sanctions, these Regulations do not list specific fines, compliance notices or administrative penalties. Enforcement is therefore derivative: it flows from the Retirement Villages Act 1995, the Consumer Affairs and Fair Trading Act 1990, the Land Title Act 2000 for register matters, and through civil litigation in the relevant Court. This design places emphasis on corrective and adjudicative routes rather than delegated sanctioning in the Regulations themselves.

Compliance monitoring and dispute mechanisms. The immediate enforcement mechanism for many day-to-day disputes is the Disputes Committee, which must provide written decisions within 30 days of receiving notice of a dispute (clause 40(3)). Where the Disputes Committee process is exhausted without resolution, a party may, in specified circumstances, apply to the Court (clause 40(4)-(5)). For matters such as incorrect advertising, misleading representations, or breaches of consumer-law obligations, the Consumer Affairs and Fair Trading Act 1990 and its authorised officers are the likely enforcement avenues referenced in clause 2(1).

Practical enforcement implications. Because the Regulations create obligations largely framed as contractual or procedural duties, enforcement commonly means litigation for declaratory or remedial relief, administrative investigations by authorised officers for consumer-protection breaches, and Land Title processes for register notation and statutory charges. The Code obliges management to keep records, produce budgets and audited accounts and to engage resident processes; failure to do so exposes management to administrative scrutiny, resident complaints, disputes committee decisions and ultimately court adjudication.

The Regulations are designed to operate alongside and within a network of Territory and Commonwealth instruments. The Code itself repeatedly cross-references the Retirement Villages Act 1995 and other laws; these references determine the boundaries between regulatory detail and statutory power.

Retirement Villages Act 1995. The Code is expressly complementary to the Act and depends on it for administration, enforcement, exemptions and the availability of Court remedies (Schedule 2, clause 2). The Act is the primary statute for governance, while the Code prescribes minimum standards of practice and procedural rules. Multiple Code provisions instruct readers back to the Act for the formal legal rights, the Commissioner’s authority, and the Court’s jurisdiction (clauses 2(1) and various provisions on termination and dispute resolution).

Land Title Act 2000. Registration notation and the creation of a statutory charge are administered by the Registrar-General under the Land Title Act 2000. The Regulations prescribe the form for the application to note the Register (regulation 3(1), Schedule 1) and the Code requires notation before occupancy or payment of any part of a premium for non-freehold interests (Schedule 2, clause 18(1)-(3)). The endnotes record consequential amendments from the Land Title (Consequential Amendments) Act 2000 (Endnotes, List of Legislation).

Consumer Affairs and Fair Trading Act 1990. The Code references authorised officers under this Act as having powers to examine compliance with the provisions of the Act and the Code (Schedule 2, clause 2(1)). Advertising and promotional material obligations in the Code are intended to be consistent with the Consumer Affairs and Fair Trading Act 1990 (clause 14(1)).

Planning laws (Planning Act 1999). The Code requires that any necessary development consents under the relevant planning laws be obtained prior to any sales promotion, while permitting market surveys to precede promotions (clause 15(1)). If planning consents include life-of-development service obligations, those must be disclosed to prospective residents (clause 15(2)). This creates an interaction where planning-imposed developer obligations are contractually disclosed and become part of the information package to consumers.

Unit Titles and Body Corporate law. The Code anticipates unit title schemes and by-laws under the Unit Titles Act 1975 or the Unit Title Schemes Act 2009 and requires disclosure of village rules including any by-laws of a body corporate (clause 19(j)). It also contemplates management acting under delegation from a body corporate in relation to unit title management (clause 19(1)(b) note).

Oaths, witnessing and authentication. Schedule 1 contains specific witness and authentication rules and notes cross-referencing the Oaths, Affidavits and Declarations Act 2010 (Schedule 1 Notes 4-6; Endnotes reference the Oaths Act amendments). Witness jurisdictions outside the Northern Territory are accommodated if the witnessing complies with that place’s rules under the Oaths Act (Schedule 1 Note 5).

Commonwealth policy on subsidised hostels and nursing homes. The Code requires specific statements in promotional material when nursing homes or hostels are referenced, warning that Commonwealth policy allocates subsidised places on a needs basis and thus admission cannot be guaranteed (clause 16(1) and 29(1)). The Code exempts this obligation where the facility is fully resident-funded (clauses 16(2) and 29(2)). The Code acknowledges potential changes to Commonwealth policy and instructs management to obtain the Commissioner’s guidance for alternative wording in that event (clause 16(2)(b)).

Exemptions under the Act. The Code’s application is subject to exemptions that the Act may permit, specifically under sections 5(2), 39(2), and any exemption contained in regulations made under section 52(3) of the Act (clause 3(2)). Thus, the Code is not necessarily uniformly applied to every facility that may look like a retirement village; statutory exemptions under the Act can carve out particular entities or classes.

Interlocking enforcement and remedies. Because the Code does not itself set out express penalty schedules, compliance and enforcement will involve the Retirement Villages Act, the Consumer Affairs and Fair Trading Act for consumer protection matters, Land Title Act processes for register notation and charges, and Court processes for disputes and terminations. The Code sets procedural expectations that are implemented via those statutory mechanisms.

In short, the Regulations put a prescriptive practice framework in place and rely on the Act, Land Title processes, Territory consumer law, planning consent regimes and other statutes to provide enforcement muscle and technical legal effects such as statutory charges and court orders.

The endnotes to the Regulations record the key legislative events and amendments that have affected the Regulations and the Schedules.

Initial notification and commencement. The Retirement Villages Regulations were notified as SL No. 35 of 1995 on 1 November 1995 and commenced on 1 November 1995 (Endnotes, List of Legislation). Regulation 2 ties the commencement of these Regulations to the commencement of the Retirement Villages Act 1995.

Land Title Act consequential amendments. Schedule 1 and Schedule 2 were amended consequentially by the Land Title (Consequential Amendments) Act 2000 (Act No. 45, 2000). The Land Title Act consequences came into effect 1 December 2000 (Endnotes, List of Legislation and List of Amendments: sch 1 amd Act No. 45, 2000, s 12; sch 2 amd Act No. 45, 2000, s 12).

Justice Legislation Amendment Act 2010. The Regulations’ Schedules were amended by the Justice Legislation Amendment Act 2010 (Act No. 24, 2010), which received assent on 30 June 2010 and commenced 21 July 2010 (Endnotes). The List of Amendments shows sch 2 amended by Act No. 24, 2010, s 18.

Oaths and witnessing amendments. The Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) also made consequential changes; assented 18 November 2010 and commenced 1 March 2011. Schedule 1 notes that witnessing outside the Northern Territory should be according to the relevant law, and the endnotes record the consequential amendments (Endnotes, List of Legislation).

Local Court amendments. The Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) effected amendments recorded in the endnotes, assented 6 April 2016 and commenced 1 May 2016 (Endnotes). The List of Amendments shows sch 1 and sch 2 amended by Act No. 8, 2016, s 45 and s 12 respectively.

Interpretation Legislation Amendment Act 2018. The endnotes record general amendments of a formal nature made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to regulation 1 and Schedules 1 and 2 (Endnotes, section 3).

Summary chronology (as given in the text)

Notified and commenced: Retirement Villages Regulations (SL No. 35, 1995), 1 November 1995 (r 2 tied to the Act commencement).
Land Title consequential amendments: Act No. 45, 2000; consequential amendments to Schedules 1 and 2; Land Title Act commencement 1 December 2000 noted.
Justice Legislation Amendment Act 2010: amendments to Schedule 2 (Act No. 24, 2010), commenced 21 July 2010.
Oaths Act consequential amendments: Act No. 40, 2010; commenced 1 March 2011.
Local Court related amendments: Act No. 8, 2016; commenced 1 May 2016.
Interpretation Act formal amendments: Act No. 22, 2018, general formal amendments to r1 and Schedules 1 and 2.

The endnotes also list the specific sections that effected amendments to Sch 1 and Sch 2: sch 1 amended by Act No. 45, 2000, s 12; Act No. 40, 2010, s 202; Act No. 8, 2016, s 45. Sch 2 amended by Act No. 45, 2000, s 12; Act No. 24, 2010, s 18.

These entries reflect the regulatory adjustments made over time to align the Schedules with Land Title processes, witnessing rules, local court procedures and formal interpretation conventions. The Regulations themselves retain their basic structure,prescribing the form and fee for register notation and the Code of Practice,while the Schedules have been updated to reflect external legislative changes.

The Regulations and the Code, as presented in the provided text, do not record or cite any litigation history. There are no cases referenced, no reported judicial decisions appended, and no enforcement proceedings recorded within the instrument itself.

What the instrument does show about litigation pathways

Court role for termination and disputes. The Code repeatedly points to the role of the relevant Court under the Retirement Villages Act 1995 for confirming management-initiated terminations and for adjudicating disputes that cannot be resolved internally or that materially affect a party and are in the public interest (Schedule 2, clauses 31-34 and 40(4)-(5)). This signals that contested questions of contract termination, claims of unconscionability, or material disputes about village rules are intended to reach the Courts.
Internal dispute resolution first. The Code structures a default path that privileges internal resolution through the Disputes Committee (clauses 38-40). Only if Disputes Committee procedures fail or are exhausted does the Code contemplate court access in many circumstances.
Administrative review and Commissioner involvement. The Commissioner has a role in appointing Disputes Committee members where appointment disputes arise (clause 39(3)) and in producing model provisions and explanatory documents (clause 41). Administrative dispute resolution via the Commissioner’s office may therefore precede or accompany court litigation.

Why the Regulations do not include litigation references

The Regulations and Code are normative and procedural rather than declarative of precedent. They prescribe processes and obligations, and the Act provides the statutory enforcement mechanism. As the Code is complementary to the Act (clause 2), litigation would typically reference the Act and relevant contractual claims rather than the Regulations themselves.
No reported cases are provided in the instrument’s text. The endnotes and Schedules do not include judicial annotations or summaries. Consequently, readers must look to external case law databases for any judicial interpretation of the Code or the Act.

Practical note for practitioners

To assess litigation risks, search Territory court decisions and administrative tribunal records under the Retirement Villages Act 1995 and any Consumer Affairs proceedings for reported disputes about: (a) validity of termination applications; (b) adequacy of disclosure and cooling-off process compliance; (c) disputes over refund calculations and timing; (d) compliance with Land Title notation requirements; and (e) claims of unconscionable terms in residence contracts. None of these specific cases are cited within these Regulations; their existence or outcomes are not asserted in the text.
The Code anticipates judicial involvement for significant matters, so the statutory framework and contract drafting should be implemented with the expectation that courts may be asked to determine substantive disputes.

In short, the Regulations set out the procedural and contractual structures that will inform litigation, but the instrument itself does not contain or reference any litigation history.

The Regulations and Code contain several operational and drafting traps that may catch practitioners and operators unaware if they focus only on commercial presentation.

Registration notation gating occupancy and payment. For non-freehold interests where a premium is paid, the Code prohibits management from permitting occupancy or accepting any part of the premium until the Registrar-General has made the notation on the Register (Schedule 2, clause 18(1)). This is an absolute operational gating mechanism: poor sequencing,taking deposits, letting tenants in, or advertising occupancy prior to notation,runs contrary to the Code and will undermine the statutory protection that the notation is intended to confer. Also, for villages that pre-existed the Act, notation is required within three months after commencement (clause 18(2)), creating a time-limited compliance duty.

Application formalities and witnessing. The prescribed application form (Schedule 1) carries detailed witness and authentication requirements (Schedule 1 Notes 3-7), including that witnessing may be done outside the Northern Territory if done in accordance with the local Oaths laws (Schedule 1 Note 5). Failure to follow those witness rules could render the application defective, delaying notation and occupancy.

Disclosure specificity. Clause 19 lists specific items that must be supplied in writing before contracting, including a detailed budget, copies of Schedule A and B, a copy of village rules and a clear explanation of refund entitlements including calculation methods and examples at multiple time horizons (clause 19(1)(g), (h), (i), (j), (k)). Omission or vagueness in these items is a precise and actionable non-compliance problem; the Code expressly requires plain-language disclosure and forbids vague or unconscionable terms (clause 12(1)(a)-(b)).

Mischaracterising entry contributions. The Code expressly prohibits describing a payment that is a capital entry contribution as a fee such as "deferred fee" or "deferred management fee" if it is, in substance, payment for the right of entry (clause 26(3)-(4)). Mislabelling can be a substantive disclosure breach and cause disputes over refund entitlements and pricing transparency.

Timing of refunds and resident expectations. The Code allows management to delay refund payment until the premises are reoccupied, but it also requires management to disclose refund methods and timing and warns that recoupment may be delayed pending resettlement (clauses 36(1)-(3), 19(1)(k)). Management must ensure contracts provide clear timelines and not misrepresent typical recoupment times in promotional material.

Termination formalities. Management may not unilaterally terminate a contract; termination is only effective if the Court confirms it (clauses 31-32). For most terminations other than very serious conduct, management must give 14 days written notice of intention to apply for a Court order, and must specify the breach (clause 33). Practitioners relying on contract clauses to effect quick removals will face procedural hurdles.

Resident input on budgets and upgrades. Management must provide current budgets and audited accounts and allow residents to have input and agreement on budgets and service changes that increase costs or reduce amenity (clause 37(2)(a)-(c)). Management that unilaterally imposes cost increases without meeting these disclosure and consultation expectations risks dispute committee complaints and potential court scrutiny.

Disputes Committee composition and deadlock risk. The three-person Disputes Committee model requires a resident appointee, a management appointee, and a jointly agreed person. If appointments are contested, the Commissioner may intervene (clause 39(3)). However, the dependence on agreement for the third member can produce deadlocks and delays; unresolved appointment issues may themselves become disputes referred to the Commissioner or to the Court.

Advertising claims about nursing home admission. If promotional material mentions nursing homes or hostels, the Code mandates an explicit warning that subsidised places are allocated on a needs basis and so admission cannot be guaranteed unless the facility is fully resident-funded (clauses 16(1) and 29(1)-(2)). Failure to include the prescribed wording risks a consumer-law claim for misleading or deceptive advertising.

No statutory fines articulated in the Code. The Code itself does not prescribe monetary penalties or administrative fines; enforcement paths are primarily through the Act, consumer law, the Registrar-General’s processes and the courts (clause 2(1)). Practitioners should not assume an express schedule of administrative penalties exists in the Regulations themselves.

Interplay with planning consents. Management must obtain development consents before sales promotion and must disclose any life-of-development service obligations arising from planning consents (clause 15). Failure to do so may create post-contractual disputes or regulatory exposure to planning authorities.

Record-keeping and access to files. Residents have a right to reasonable access to any personal file created by management (clause 10(2)). Management must be prepared to produce and manage personal data accordingly and ensure privacy protections are in place.

Witnessing and corporate authentication. The application for notation must be signed and, if signed by a corporate body, authenticated in a manner permitted by law (Schedule 1 Note 7). Improper corporate authorisation risks invalidation of the application.

In short, the principal pitfalls relate to sequencing (notation before occupancy), precise disclosure and labelling of financial arrangements, correct witnessing and authentication procedures, consultation obligations for budgets and service changes, the procedural bars to unilateral termination, and the need for consistent, plain-English contract drafting.

This compliance checklist is addressed primarily to management/administrating authorities preparing to operate a retirement village in the Northern Territory, to lawyers advising such parties, and to prospective residents seeking to verify compliance.

Preliminary legal mapping

Confirm whether the facility qualifies as a retirement village under the Act and Schedule 2 definitions (Schedule 2, clause 42). Check for applicable statutory exemptions under sections of the Retirement Villages Act cited in the Code (clause 3(2): s 5(2), s 39(2), and s 52(3)).

If residents will pay a premium or other money for a non-freehold interest, do not permit occupancy or accept part-payment before obtaining the Registrar-General’s notation (Schedule 2, clause 18(1)).
Prepare and submit the notation application in the prescribed form in Schedule 1 and pay the prescribed fee of $165 (regulation 3(1)-(2)).
Ensure proper witnessing and authentication of the application per Schedule 1 Notes 3-7, including recognising who may witness and the possibility of witnessing outside the Territory under the Oaths legislative framework.

Contract drafting and pre-contract disclosure

Draft residence contracts in plain, concise English and avoid vague or unconscionable terms (Schedule 2, clause 12(1)).
Provide prospective residents, prior to signing, with the full set of information required by clause 19: itemised entry costs, recurrent charges, fee structures and methods for variation, detailed budget, Schedule A answers, Schedule B checklist, village rules and a clear explanation of refund entitlements and calculation methods (Schedule 2, clause 19(1)(a)-(k)).
Explicitly disclose the legal basis of occupancy, type and length of tenure, and whether the Registrar-General’s notation has been made (clause 20; clause 30(2)).
Include a cooling-off clause providing a minimum 10 working day cooling-off period and explain that it is waived if occupation occurs before the period lapses (clause 21).

Advertising and marketing compliance

Ensure all promotional material is truthful, accurate and consistent with the Code and consumer law (clause 14(1)).
If referencing nursing homes or subsidised hostels, include the prescribed warning about admission being allocated on a needs basis, unless the facility is fully resident-funded (clause 16(1)-(2); clause 29(1)-(2)).
Obtain necessary planning consents before sales promotion as required by local planning laws and disclose any life-of-development obligations included in those consents (clause 15(1)-(2)).

Fees, labelling and refund mechanics

Do not describe entry capital as a "management fee" or "deferred fee" if it is in substance payment for entry; describe payments accurately and set out the formulae for refunds and deferred fees in the contract (clauses 26(2)-(4) and 24).
Publish examples in contract disclosure showing what a resident would receive after 1, 2, 5 and 10 years to enable comparisons (clause 19(1)(k)).

Budgets, accounts and resident participation

Prepare accounts consistent with recognised Australian Accounting Standards and have them audited where appropriate (clause 11(2); clause 37(2)(a)).
Supply residents with the current year’s detailed budget and audited accounts within four months after the end of the financial year and consult residents in preparing the next year’s budget; produce a draft budget in a timely manner (clause 37(2)(a)-(b)).
Establish a clear and documented method for resident input into and agreement on budgetary matters, service changes that increase costs or reduce amenity, and capital upgrade proposals that residents finance (clause 37(2)(b)-(d)).

Maintenance, services and contracts

Detail all services in residence contracts, including who provides them and whether separate charges apply; disclose eligibility restrictions or waiting lists for third-party services (clause 23).
Set out recurrent charges, their basis and timing, and which services are included (clause 25).
Identify fixtures and fittings, and specify which maintenance obligations rest with management and which with residents (clause 22).

Dispute resolution structures

Convene a Disputes Committee laid out in clause 39: one resident-appointed person, one management-appointed person and one mutually agreed person. Draft and publish a Disputes Charter specifying procedures and timeframes, including obligation to give written decisions within 30 days (clauses 39-40).
Establish an agreed method for appointing resident representatives and a procedure to seek Commissioner intervention where appointment disputes arise (clause 39(2)-(3)).

Termination and payment procedures

Include in contracts the management’s grounds for termination and a clear statement that management termination has no effect unless confirmed by the Court (clause 32(2)).
Implement administrative processes to issue 14-days’ written notices of intention to apply for termination where required; ensure notices specify breaches and reference the relevant Act provisions (clause 33).
Establish clear, auditable procedures for calculating and paying refunds and other monies due on termination and for timing payments in accordance with clauses 34 and 36.

Record-keeping, privacy and access

Maintain personal files for residents and ensure residents have reasonable access to those files on request (clause 10(2)). Align file practices with privacy principles and applicable Territory/Commonwealth privacy obligations.
Keep records of budgets, audited accounts, notices, Disputes Committee minutes, and all disclosures supplied to prospective residents to evidence compliance.

Commissioner and registries liaison

Register with the Commissioner of Consumer Affairs where appropriate to obtain the latest consumer information materials and model provisions; use these materials in your disclosures (clauses 8 and 41).
Coordinate with the Registrar-General to obtain notation on titles and retain a copy of the Registrar-General’s advice to supply to prospective residents (clause 18(3)).

Training and operational implementation

Train sales, front-line staff and managers in the cooling-off rights, the prohibition on occupancy before notation, accurate labelling of fees, and the need to supply the full disclosure package before accepting contracts.
Establish checklists based on Schedule B to ensure every prospective resident receives and understands the core questions and to document that independent legal advice was recommended (Schedule 2, Schedule B).

Legal review and monitoring

Have contracts and disclosure documents reviewed by lawyers experienced in retirement village law to ensure compliance with the Act and the Code and to pre-empt disputes about unconscionability, misleading conduct, or misdescription of fees.
Monitor changes in planning consents, Commonwealth policy on subsidised hostels/nursing homes and Territory amendments to ensure ongoing words and disclosures remain current (clause 16(2)(b)).

By applying these steps, management will align operational practice with the obligations and protections set out in the Regulations and the Code. Practitioners should combine procedural compliance with proactive disclosure and robust record-keeping to reduce the risk of disputes and to facilitate the Disputes Committee and Court processes where necessary.

RETIREMENT VILLAGES REGULATIONS 1995

Plain English Summary

Deep Dive

What it does

Current sections

RETIREMENT VILLAGES REGULATIONS 1995

Source text: opening excerpt

1 RETIREMENT VILLAGES REGULATIONS 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