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.
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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
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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.
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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