Australian Capital Territory
Retirement Villages Regulation 2013    
SL2013-5
made under the
Retirement Villages Act 2012
Republication No 2
Effective:  16 August 2013 – 16 November 2014
Republication date: 16 August 2013
Last amendment made by SL2013‑21

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Retirement Villages Regulation 2013, made under the Retirement Villages Act 2012 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 August 2013.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 August 2013.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
Retirement Villages Regulation 2013
made under the
Retirement Villages Act 2012
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against regulation—application of Criminal Code etc	3
Part 2	Important concepts
	6	Places not retirement village—Act, s 10 (1), def retirement village, par (b) (viii)	4
Part 3	Representations and information about retirement villages
	7	Disclosure statement—Act, s 24 (3) (b)	5
	8	Copies of certain documents to be available—Act, s 29 (1) (k)	7
Part 4	Village contracts
Division 4.1	General
	9	Prescribed rate of interest—Act, s 41 (5) (b)	9
	10	Amount payable for legal and other expenses—Act, s 52 (3)	9
	11	Condition report—Act, s 59	9
	12	Renovations and alteration of fixtures and fittings—Act, s 63 (5) (b)	10
	13	Contents of village contracts—Act, s 66 (1)	10
	14	Prescribed rate of interest—Act, s 69 (b)	11
Division 4.2	Settling-in period for residents
	15	Liability of former occupant if village contract ended during settling-in period—Act, s 73 (1) (d)	11
	16	Maximum administration fee—Act, s 73 (4)	11
Part 5	General management of retirement villages
Division 5.1	Village rules
	17	Village rules—Act, s 78 (2) (i)	12
Division 5.2	Certain obligations of operators
	18	Safety inspection report—Act, s 91 (2) (e)	12
Division 5.3	Certain rights of residents
	19	Access to residential premises in village—Act, s 100 (3) (g)	12
	20	Membership of residents committee—Act, s 104 (1)	13
	21	Annual management meeting agenda—Act, s 108 (4)	13
	22	Questions at annual meeting—Act, s 110 (3) (b)	14
	23	Appointment of proxies—Act, s 116 (2)	15
Part 6	Financial management
Division 6.1	Capital maintenance and replacement
	24	Capital item—Act, s 135 (1), def capital item, par (a) (iv)	16
	25	Works not capital maintenance—Act, s 135 (1), def capital maintenance, par (c)	16
	26	Matters not to be funded from capital works fund or recurrent charges—Act, s 141 (3) (e)	17
	27	Capital works fund—Act, s 143 (4)	17
	28	Use of capital works fund amounts—Act, s 144 (1) (c)	17
	29	Minimum public liability insurance—Act, s 145 (4)	17
Division 6.2	Recurrent charges
	30	Notice of fixed formula amendment—Act, s 149 (2) (c)	18
	31	Notice of amendment—no fixed formula and not exceeding CPI—Act, s 150 (4) (c)	18
	32	Notice of amendment—no fixed formula and greater than CPI—Act, s 151 (4) (f)	19
	33	Information about recurrent charges not needed to be given—Act, s 153 (5)	21
	34	Time to give information about recurrent charges—Act, s 153 (6)	22
Division 6.3	Proposed and approved annual budgets
	35	Matters to be dealt with in proposed annual budget—Act, s 159 (4) (a)	22
	36	Matters not to be financed by way of recurrent charges—Act, s 159 (4) (b)	23
	37	Notice accompanying proposed annual budget—Act, s 159 (5) (d)	24
	38	Limit on contingencies in annual budget—Act, s 164	26
Division 6.4	Annual accounts
	39	Copies of audited accounts—Act, s 169 (8) (a) (ii)	26
Division 6.5	Surplus or deficit of accounts
	40	Making good of deficit—Act, s 174 (3) (c)	26
Part 7	Disputes
Division 7.1	Dispute resolution
	41	Representative for residents in dispute—Act, s 176 (2)	28
Division 7.2	ACAT—applications and orders
	42	Time for making ACAT applications	28
	43	ACAT applications by residents committee	28
	44	ACAT may decide other party to application by operator	29
	45	ACAT additional orders—Act, s 181 (1) (k)	29
	46	Differential orders	29
Part 8	Ending residence contracts
Division 8.1	General principles about ending residence contracts
	47	Time for giving notice to end contract—Act, s 184 (2)	30
Division 8.2	Uncollected goods
	48	Meaning of uncollected goods—div 8.2	30
	49	Disposal of perishable and certain other uncollected goods—Act, s 203 (1) (b)	31
	50	Storage of other uncollected goods	31
	51	Claiming uncollected goods	32
	52	Disposal of uncollected goods after storage	33
	53	Records and accounting	34
Part 9	Prescribed rates of interest
	54	Prescribed rate of interest—Act, s 213 (3)	35
	55	Prescribed rate of interest—Act, s 235 (6) (b)	35
	56	Prescribed rate of interest—Act, s 237 (3)	35
	57	Prescribed rate of interest—Act, s 238 (9) (b)	35
Part 10	Protection of ingoing contributions paid by residents other than registered interest holders
	58	Refund of ingoing contribution—Act, s 241 (1) (b)	36
Part 11	Consent of residents
	59	Conduct of written ballots—Act, sch 1, s 1.3 (1) (b) and s 1.5	37
Part 12	Miscellaneous
	60	Modification of Act—Act, s 504 (2)	38
	61	Resident—Act, dict, def resident, par (b) (ii)	38
Schedule 1	Contents of village contracts	39
Part 1.1	Matter to be included in village contracts	39
	1.1	Information to be included in village contract	39
Part 1.2	Headings and additional matter to be included in village contracts	41
	1.2	Cooling-off period	41
	1.3	Retirement village legislation	41
	1.4	Ingoing contribution	42
	1.5	Recurrent charges	42
	1.6	Services and facilities	44
	1.7	Fixtures, fittings and furnishings	45
	1.8	Repairs and maintenance	45
	1.9	Alterations and additions	45
	1.10	Operator’s access to premises	46
	1.11	Village rules	46
	1.12	Dispute resolution	46
	1.13	Changes in operator	47
	1.14	Ending the contract	47
	1.15	Transfers	48
	1.16	Departure fees	48
	1.17	Capital gain or loss	49
	1.18	Refund of payment to resident	49
	1.19	Changes to this contract	50
	1.20	Annexures	50
Schedule 2	Matter to be excluded from village contracts	51
	2.1	Dispute resolution	51
	2.2	Wills	51
	2.3	Insurance	51
	2.4	Legal, accounting and other expenses	51
	2.5	Absences	52
	2.6	Penalty terms	52
	2.7	Exclusions	52
	2.8	Recurrent charges	52
	2.9	Disclaimers	52
	2.10	Entire agreement	53
Schedule 3	Time for making ACAT applications	54
Schedule 4	Conduct of written ballots	56
Part 4.1	Preliminary	56
	4.1	Definitions—sch 4	56
Part 4.2	Conducting a written ballot	57
	4.2	When written ballot required	57
	4.3	Election of returning officer	57
	4.4	Conduct of written ballot	57
	4.5	Counting and reporting votes	58
	4.6	Returning officer’s decision final	59
Part 4.3	Ballot for special resolution	60
	4.7	Application—pt 4.3	60
	4.8	Special resolution—notice	60
	4.9	Special resolution—postal vote	60
	4.10	Special resolution—quorum	61
Schedule 5	Modification of Act	62
Dictionary		83
Endnotes
	1	About the endnotes	85
	2	Abbreviation key	85
	3	Legislation history	86
	4	Amendment history	86
	5	Earlier republications	87

Australian Capital Territory
Retirement Villages Regulation 2013     

made under the
Retirement Villages Act 2012

    

  

Part 1	Preliminary
1	Name of regulation
This regulation is the Retirement Villages Regulation 2013.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘uncollected goods, for division 8.2 (Uncollected goods)—see section 48.’ means that the term ‘uncollected goods’ is defined in that section.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Important concepts
6	Places not retirement village—Act, s 10 (1), def retirement village, par (b) (viii)
The following are prescribed:
	(a)	a place where a service is provided by a provider of services within the meaning of the Disability Services Act 1991;
	(b)	housing provided by a community housing provider within the meaning of the Housing Assistance Act 2007.

Part 3	Representations and information about retirement villages
7	Disclosure statement—Act, s 24 (3) (b)
The disclosure statement must include the following information about the retirement village to which it relates:
	(a)	the proximity of the village to services, for example, hospitals, shopping centres and public transport;
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	information about whether the operator operates a residential aged care facility;
	(c)	details about the ownership of the village, including whether a resident can own residential premises in the village;
	(d)	information about the management of the village;
	(e)	whether the village has a residents’ committee and, if so, information about the committee;
	(f)	the financial management of the village, including details about the village’s income and expenditure;
	(g)	information about the village’s safety, including information about its security and emergency systems;
	(h)	the extent to which the operator has complied with legislation applying to the village, including the Act and the Planning and Development Act 2007;
	(i)	village contracts the prospective resident will need to enter into to become a resident;
	(j)	the village rules;
	(k)	the facilities available to residents;
	(l)	services provided by the operator;
	(m)	costs associated with entering into a residence contract with the operator;
	(n)	information about any waiting list for the village and any waiting list fee payable;
	(o)	a statement to the effect that, to the best of the operator’s knowledge, the information in the disclosure statement is true.

8	Copies of certain documents to be available—Act, s 29 (1) (k)
The following documents are prescribed:
	(a)	if the operator of the retirement village and a residents committee were parties to a proceeding before a court or a tribunal in the previous 5 years—each decision or order made in relation to the proceeding and the reasons (if any) given by the court or tribunal in relation to the decision or order;
	(b)	if the operator of the retirement village operates a waiting list for the village and charges a waiting list fee—the operator’s written policy setting out the way the waiting list operates;
	(c)	if the retirement village is subject to a company title scheme—whichever of the following governs the company:
	(i)	its constitution;
	(ii)	the replaceable rules set out in the Corporations Act;
	(d)	if the retirement village is subject to a community title scheme—
	(i)	the scheme’s management statement; and
	(ii)	the management agreement (if any) relating to the village to which the relevant community association, neighbourhood association or precinct association is a party; and
	(iii)	the minutes of the most recent annual general meeting of the relevant community association, neighbourhood association or precinct association;
	(e)	if the retirement village is subject to a units plan—
	(i)	the owners corporation rules for the plan; and
	(ii)	the management agreement (if any) relating to the village to which the owners corporation is a party; and
	(iii)	the minutes of the most recent annual general meeting of the owners corporation;
	(f)	every other document mentioned in the disclosure statement for the village under the heading ‘Village Contracts’.

Part 4	Village contracts 
Division 4.1	General
9	Prescribed rate of interest—Act, s 41 (5) (b)
The prescribed rate of interest is the rate prescribed under the Court Procedures Rules 2006, schedule 2, part 2.2 (Interest after judgment) in relation to the payment of interest on a judgment debt.
10	Amount payable for legal and other expenses—Act, s 52 (3)
The maximum amount payable is $200.
11	Condition report—Act, s 59
	(1)	This section applies to residential premises in a retirement village mentioned in the Act, section 59 (1) (Condition report for certain residential premises).
	(2)	The operator of the retirement village commits an offence if the operator does not inspect the premises and complete the condition report for the premises in accordance with this section.
Maximum penalty: 10 penalty units.
	(3)	The condition report for the premises must— 
	(a)	be completed in the presence of the prospective resident or a person nominated by the prospective resident, unless otherwise authorised in writing by the prospective resident; and
	(b)	be completed to the best of the operator’s knowledge; and
	(c)	if a date needed for the report is not known—include an approximate date and a statement to the effect that the date is approximate; and
	(d)	be signed by—
	(i)	the operator; and 
	(ii)	if the prospective resident agrees with the report—the prospective resident.
	(4)	The operator must allow the prospective resident at least 14 days to examine the report and suggest changes to it.
12	Renovations and alteration of fixtures and fittings—Act, s 63 (5) (b)
Fixtures and fittings in residential premises owned by a resident under a community title scheme, company title scheme or units plan are prescribed.
13	Contents of village contracts—Act, s 66 (1)
	(1)	A matter mentioned in schedule 1 (Contents of village contracts) must be included in a village contract.
	(2)	A matter mentioned in schedule 2 (Matter to be excluded from village contracts) must be excluded from a village contract.
	(3)	This section does not prevent the inclusion of additional matter in a village contract (other than matter inconsistent with the matter mentioned in schedule 1).
	(4)	This section does not apply to a residence contract relating to premises that are subject to a community title scheme, company title scheme or units plan.
	(5)	However, this section applies to a residence contract mentioned in subsection (4) if the operator of the village (or a close associate of the operator) is the seller under the residence contract.
14	Prescribed rate of interest—Act, s 69 (b)
The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).
Note	The rate for the Act, s 41 (5) (b) is prescribed by s 9.
Division 4.2	Settling-in period for residents
15	Liability of former occupant if village contract ended during settling-in period—Act, s 73 (1) (d)
The reasonable costs incurred in adding, removing or altering any fixtures or fittings, or making any renovations, to residential premises at the resident’s request are prescribed.
16	Maximum administration fee—Act, s 73 (4)
The maximum administration fee prescribed is $200.

Part 5	General management of retirement villages
Division 5.1	Village rules
17	Village rules—Act, s 78 (2) (i)
The following matters are prescribed:
	(a)	security in the retirement village;
	(b)	the external appearance of residents’ premises in the retirement village.
Division 5.2	Certain obligations of operators
18	Safety inspection report—Act, s 91 (2) (e)
The safety inspection report mentioned in the Act, section 91 (2) (d) (Operator to provide safe premises) must remain on the notice board for at least 1 month.
Division 5.3	Certain rights of residents
19	Access to residential premises in village—Act, s 100 (3) (g)
The operator or authorised person may enter residential premises in the village in the following circumstances if the operator or authorised person has given the resident 2 days notice:
	(a)	to install a smoke alarm that is required by law to be installed in the premises;
	(b)	to replace a battery in a smoke alarm installed in the premises.
20	Membership of residents committee—Act, s 104 (1)
	(1)	A person may hold the same office on the residents committee of a retirement village for more than 3 consecutive years if—
	(a)	the retirement village has fewer than 20 residents; or
	(b)	the annual budget of the retirement village is less than $50 000.
	(2)	Subsection (1) does not allow a person to hold the same office on a residents committee for more than 3 consecutive years if the director-general—
	(a)	has written to the residents committee objecting—
	(i)	generally to any person holding the same office on the committee for more than 3 consecutive years; or
	(ii)	to a stated person holding the same office for more than 3 consecutive years; and
	(b)	has not written to the residents committee to withdraw the objection.
	(3)	In this section:
hold the same office, on a residents committee of a retirement village, includes to hold an office performing the same (or substantially the same) functions on the committee.
21	Annual management meeting agenda—Act, s 108 (4)
The following matters must be included in the agenda for an annual management meeting:
	(a)	a report on any expenditure in the previous financial year that was an amendment between items in the approved annual budget (other than a minor amendment);
	(b)	the future plans for the village, including any proposed improvements;
	(c)	the management of the village, including any change or proposed change to the management arrangements;
	(d)	safety issues;
	(e)	any proposed maintenance plans;
	(f)	any changes to the proposed annual budget that do not need the residents’ consent;
	(g)	any proposals to undertake capital works that have not been notified in the annual budget;
	(h)	any proposed changes to the level of service provided to residents of the village;
	(i)	time for questions, including questions from the floor of the meeting.
22	Questions at annual meeting—Act, s 110 (3) (b)
	(1)	The following excluded matters are prescribed:
	(a)	the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator;
	(b)	any matter that is unrelated to the operation of the village;
	(c)	any matter in relation to individual sales or contracts that are not publicly available.
	(2)	Subsection (1) (a) does not prevent an operator or a representative of the operator from answering a question about the operator’s solvency or financial viability.
	(3)	If the operator of a retirement village is an organisation that is subject to an approved privacy code or the National Privacy Principles under the Privacy Act 1988 (Cwlth), a representative of the operator is not required to answer a question to the extent that the answer would disclose personal information in breach of the code or the principles.
23	Appointment of proxies—Act, s 116 (2)
The appointment of a proxy is effective in relation to a meeting of the residents of a retirement village only if the completed form for the proxy is given to the chairperson of the meeting before a vote is taken at the meeting.

Part 6	Financial management
Division 6.1	Capital maintenance and replacement
24	Capital item—Act, s 135 (1), def capital item, par (a) (iv)
The following capital items in a retirement village, including those in residential premises in the village, are prescribed:
	(a)	fixtures; 
	(b)	fittings; 
	(c)	furnishings;
	(d)	non-fixed items. 
Examples—par (a)
bench tops, built-in cupboards and wardrobes, floor coverings, hot water system, stove
Examples—par (b)
light fittings, taps, sanitary fittings
Examples—par (c)
curtains, blinds
Examples—par (d)
whitegoods, portable air conditioner, fan, tables, chairs
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
25	Works not capital maintenance—Act, s 135 (1), def capital maintenance, par (c)
The following works are prescribed:
	(a)	work done to substantially improve a capital item beyond its original condition;
	(b)	work done to maintain or repair a capital item in circumstances where it would have been more cost effective to replace the capital item.
26	Matters not to be funded from capital works fund or recurrent charges—Act, s 141 (3) (e)
Work mentioned in section 25 is not authorised to be funded from the capital works fund or recurrent charges of a retirement village.
27	Capital works fund—Act, s 143 (4)
If the operator of a retirement village is a property trust or other corporation constituted by an Act, money in the capital works fund for the village may be held in a fund administered by the property trust or corporation.
28	Use of capital works fund amounts—Act, s 144 (1) (c)
The operator of a retirement village may use money from the capital works fund for a purpose (other than a purpose mentioned in the Act, section 144 (1) (a) or (b)) if—
	(a)	the residents of the village have, by special resolution, consented to the money being used for the purpose; and
	(b)	the use of the money for the purpose does not involve the funding of a matter mentioned in the Act, section 141 (3) (Funding of certain capital maintenance and capital replacement).
29	Minimum public liability insurance—Act, s 145 (4)
The amount of $10 000 000 is prescribed.
Division 6.2	Recurrent charges
30	Notice of fixed formula amendment—Act, s 149 (2) (c)
A notice of amendment of recurrent charges must include the following:
	(a)	the name of the resident and address of the residential premises affected;
	(b)	the following statement as the first line of the notice in at least Arial bold font not less than 14 point:
‘This is a notice of an amendment of recurrent charges according to a fixed formula.’;
	(c)	the fixed formula stated in the contract and a demonstration, by an application of the formula, of the way the new recurrent charges have been calculated;
	(d)	the signature of the operator of the retirement village and the date of the signature.
31	Notice of amendment—no fixed formula and not exceeding CPI—Act, s 150 (4) (c)
A notice of amendment of recurrent charges given under the Act, section 150 must include the following:
	(a)	the name of the resident and address of the residential premises affected;
	(b)	the following statement as the first line of the notice in at least Arial bold font not less than 14 point:
‘This is a notice of an amendment of recurrent charges (otherwise than in accordance with a fixed formula).  The increase in those charges does not exceed the increase in the Consumer Price Index (CPI) since those charges were last increased.’;
	(c)	the following statements:
	(i)	you do not need to consent to this amendment as it does not exceed the increase in the CPI;
	(ii)	you are not required to pay any increase in your recurrent charges unless this notice complies with the requirements of the Retirement Villages Act 2012, section 150 (Recurrent charges amended otherwise than by a fixed formula—not exceeding variation in CPI);
	(iii)	any increase in recurrent charges does not take effect until at least 14 days after you receive this notice;
	(iv)	this notice may be cancelled by a later notice and the later notice may provide for a lesser increase than any increase stated in this notice;
	(d)	the signature of the operator of the retirement village and the date of the signature.
32	Notice of amendment—no fixed formula and greater than CPI—Act, s 151 (4) (f)
A notice of amendment of recurrent charges given under the Act, section 151 (Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI) must include the following:
	(a)	the name of the resident and address of the residential premises affected;
	(b)	the following statement as the first line of the notice in at least Arial bold font not less than 14 point:
‘This is a notice of an amendment of recurrent charges (otherwise than in accordance with a fixed formula). The increase in those charges exceeds the increase in the Consumer Price Index (CPI) since those charges were last increased.’;
	(c)	the following statements:
	(i)	you are not required to pay any increase in your recurrent charges unless this notice complies with the requirements of the Retirement Villages Act 2012, section 151 (Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI);
	(ii)	any increase in recurrent charges does not take effect until at least 60 days after you receive this notice;
	(iii)	this notice may be cancelled by a later notice and the later notice may provide for a lesser increase than any increase stated in this notice;
	(iv)	the operator of the village must not increase (or attempt to increase) the recurrent charges beyond any upper level stated in the village contract;
	(v)	the amendment of the charges does not take effect unless the residents whose recurrent charges will be affected by the amendment consent to it or the ACAT orders that it take effect;
	(vi)	the residents concerned must, within 30 days after receiving the notice, meet, consider and vote on the proposed amendment and tell the operator whether or not they consent to it;
	(vii)	if the operator is not told whether or not the residents consent to the proposed amendment within the 30-day period, the residents are taken to have refused consent;
	(viii)	the operator must give any information in relation to the proposed amendment that the residents committee or, if there is no residents committee, a resident reasonably requests for the purpose of deciding whether to consent to the amendment;
	(ix)	if the residents do not consent to the proposed amendment, the operator may apply to the ACAT for an order in relation to the proposed amendment;
	(x)	you may apply to the ACAT for an order directing the refund of overpaid recurrent charges on the grounds that an increase in the charges came into effect otherwise than in accordance with the Retirement Villages Act 2012, division 7.3 (Recurrent charges) (which includes section 151);
	(xi)	an application for an ACAT order must be made not later than 1 year after the day the increase came into effect;
	(d)	the signature of the operator of the retirement village and the date of the signature.
33	Information about recurrent charges not needed to be given—Act, s 153 (5)
The operator of a retirement village is not required to give the following information:
	(a)	information about the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator;
	(b)	information that is unrelated to the operation of the village;
	(c)	information about individual sales or contracts that are not publicly available;
	(d)	if the operator of a retirement village is an organisation that is subject to an approved privacy code or the National Privacy Principles under the Privacy Act 1988 (Cwlth)—information that would, if it were given, result in a breach of the code or those principles.
34	Time to give information about recurrent charges—Act, s 153 (6)
The operator of a retirement village must give information under the Act, section 153 (Residents consent to amendment) within 7 days after the information is first requested.
Division 6.3	Proposed and approved annual budgets
35	Matters to be dealt with in proposed annual budget—Act, s 159 (4) (a)
	(1)	The following matters must be dealt with in the proposed annual budget for a financial year for a retirement village:
	(a)	the amount of recurrent charges payable by residents of the village during the year (including any expected increases in those charges in line with a fixed formula);
	(b)	the method of calculating the amount of recurrent charges;
	(c)	the total expected income from recurrent charges for the village for the year;
	(d)	the effect of the expected surplus or deficit for the current year on the village’s finances;
	(e)	all proposed categories of expenditure (without grouping together 2 or more unlike categories);
	(f)	the proposed expenditure on each proposed category, the proposed expenditure on each category as mentioned in the approved annual budget for the current year, and the likely actual expenditure on each category for the current year;
	(g)	if any expenditure (proposed or actual) is an apportionment of a total expenditure relating to the village and 1 or more other villages or businesses—the method of calculating the apportionment;
	(h)	if any residents of the village are paying significantly higher recurrent charges than other residents of the village—the method of calculating the apportionment between the categories of residents;
	(i)	the total proposed expenditure of the village for the year;
	(j)	the expected surplus or deficit for the year.
Example—par (h)
a resident may pay significantly higher recurrent charges than other residents if the resident is receiving optional services
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	If the annual budget includes costs associated with the operator’s head office or management or administration fees, those costs must show the goods and services they relate to and the approximate cost of the goods and services.
36	Matters not to be financed by way of recurrent charges—Act, s 159 (4) (b)
	(1)	The following matters must not be financed by way of recurrent charges:
	(a)	fees for membership of industrial or professional associations;
	(b)	overseas travel by the operator of the retirement village or the operator’s agent or employees;
	(c)	any costs associated with marketing vacant units within a retirement village, including costs that may have been included in wages or salaries;
	(d)	payroll tax, unless—
	(i)	the wages paid by the operator in relation to operating the retirement village are more than the threshold amount; or
	(ii)	the residents of the retirement village—
	(A)	before 4 March 2013, consented to the financing of payroll tax by way of recurrent charges; and
	(B)	have continued to consent to the financing of payroll tax by way of recurrent charges;
	(e)	costs associated with the operator’s head office or management or administration fees, unless the costs or fees are associated with providing services to residents of the retirement village.
	(2)	In this section:
threshold amount—see the Payroll Tax Act 2011, schedule 1, section 1.1
37	Notice accompanying proposed annual budget—Act, s 159 (5) (d)
	(1)	The notice accompanying a proposed annual budget must include the following statements:
	(a)	the operator must provide the information in relation to the proposed expenditure that the residents committee or, if there is no residents committee, a resident reasonably requests;
	(b)	the operator must not spend money received by way of recurrent charges otherwise than in accordance with the approved annual budget, except in a way that would be only—
	(i)	a minor amendment of the approved annual budget; or
	(ii)	an amendment between items in the approved annual budget if the amendment does not reduce the level of services provided and does not cause total expenditure to be exceeded.
	(2)	If the recurrent charges within the budget have been increased since the previous annual budget and the Act, section 151 (1) (Recurrent charges amended otherwise than by fixed formula—exceeding variation in CPI) applies to that increase, the notice accompanying a proposed annual budget must also include the following statements:
	(a)	it is a requirement of the Retirement Villages Act 2012, section 159 (Proposed annual budget) that the operator of the village give each resident a copy of the proposed annual budget for the financial year of the village at least 60 days before the beginning of the financial year to which the budget relates;
	(b)	it is a requirement of the Retirement Villages Act 2012, section 162 (Residents’ consent to spending) that the residents—
	(i)	tell the operator whether they consent or do not consent to the proposed budget; and
	(ii)	if the residents do not consent to the proposed budget—state which item in the proposed budget they object to;
	(c)	if the operator is not told whether the residents consent or do not consent to the proposed budget, the residents are taken to have refused consent.
	(3)	Subsection (4) applies if—
	(a)	the recurrent charges within the budget have not been increased since the previous annual budget; or 
	(b)	the recurrent charges have been increased but the Act, section 159 does not apply to the increase.
	(4)	The notice accompanying a proposed annual budget must also include whichever of the following statements applies:
	(a)	the residents are taken to have consented to the proposed annual budget because the recurrent charges have not been increased since the previous annual budget;
	(b)	the residents are taken to have consented to the proposed annual budget because the increase in the recurrent charges is in accordance with the formula set out in the village contract;
	(c)	the residents are taken to have consented to the proposed annual budget because the increase in the recurrent charges is not more than the increase in the Consumer Price Index.
38	Limit on contingencies in annual budget—Act, s 164
The maximum amount that may be allocated is—
	(a)	for an annual budget of $200 000 or less—$1 000; and
	(b)	for an annual budget that exceeds $200 000—0.5% of the total amount of the annual budget.
Division 6.4	Annual accounts
39	Copies of audited accounts—Act, s 169 (8) (a) (ii)
A copy of the audited accounts for the village must be displayed on a notice board in a common area of the village for at least 1 month starting not later than 4 months after the end of the financial year to which the accounts relate.
Division 6.5	Surplus or deficit of accounts
40	Making good of deficit—Act, s 174 (3) (c)
The operator of a retirement village may carry forward a deficit to a later financial year to the extent that the deficit is caused by—
	(a)	the urgent repair (but not replacement) of a capital item; or
Note	Urgent—see the Act, s 136.
	(b)	an increase in the cost of the following:
	(i)	utilities (other than telephone);
	(ii)	statutory charges, including rates and taxes;
	(iii)	wages and salaries increased under an award or industrial agreement, or a fair work instrument made under the Fair Work Act 2009 (Cwlth);
	(iv)	workers compensation and public liability insurance.

Part 7	Disputes
Division 7.1	Dispute resolution
41	Representative for residents in dispute—Act, s 176 (2)
Two or more residents who claim that a dispute mentioned in the Act, section 176 (1) (Disputes between operator and resident) has arisen may nominate a resident as their representative in the dispute (whether or not the nominated resident is a party to the dispute) if—
	(a)	each resident who is a party to the dispute signs a statement to the effect that the resident named in the statement is nominated as the signatory’s representative; and
	(b)	the nominated resident gives written consent to the nomination.
Division 7.2	ACAT—applications and orders
42	Time for making ACAT applications
	(1)	An application to the ACAT under a section of the Act mentioned in an item in schedule 3 (Time for making ACAT applications) must be made within the time mentioned in column 3 of the item.
	(2)	An application to the ACAT under any other section of the Act may be made at any time.
43	ACAT applications by residents committee
	(1)	The residents committee of a retirement village may, at the request of 1 or more residents of the village, apply to the ACAT on behalf of the resident for an order for which the resident may apply.
	(2)	The residents committee may apply to the ACAT on behalf of all residents of the village for an order for which a resident may apply if the residents consent to the application.
	(3)	The residents’ consent must be obtained by—
	(a)	the proposal being put to a meeting of the residents; and 
	(b)	the vote for the proposal being decided by a show of hands.
	(4)	A resident who does not want to be a party to the proceeding must give the residents committee written notice of that fact before the application to the ACAT is made.
	(5)	If the residents committee receives a written notice from a resident under subsection (4), the committee must exclude the resident from the application.
44	ACAT may decide other party to application by operator
The ACAT may, if it considers it appropriate to do so, order that 1 or more stated residents of a retirement village, or all the residents of the village, are the other parties to an application to the ACAT by the operator of the village.
45	ACAT additional orders—Act, s 181 (1) (k)
The ACAT may amend, set aside or stay an order of the ACAT in force under the Act.
46	Differential orders
The ACAT may make different orders in relation to different residents of a retirement village in deciding—
	(a)	an application to which 2 or more residents of the village are parties (whether the application was made jointly by the residents or by the residents committee on behalf of the residents); or
	(b)	an application made by the operator of the village to which 2 or more residents are the other parties.

Part 8	Ending residence contracts
Division 8.1	General principles about ending residence contracts
47	Time for giving notice to end contract—Act, s 184 (2)
	(1)	A notice mentioned in the Act, section 184 (Notice of intention to seek ending of contract) must be given—
	(a)	not earlier than 14 days before the intending applicant applies to the ACAT for an order to end a residence contract; and
	(b)	not later than the time the intending applicant makes the application to the ACAT.
	(2)	If the intending applicant does not apply to the ACAT for the order within 14 days after giving the notice, the intending applicant must give a new notice within the time required under subsection (1) before the application may be made.
	(3)	This section does not apply to an application to the ACAT under the Act, section 190 (Ending on grounds of upgrade or change of use).
Note	Under the Act, s 190 (2), the operator is required to give the resident at least 12 months written notice of the operator’s intention to apply to the ACAT for an order ending the resident’s residence contract.
Division 8.2	Uncollected goods
48	Meaning of uncollected goods—div 8.2
In this division:
uncollected goods, of a former occupant of residential premises in a retirement village, do not include the following:
	(a)	any additions made to the premises by the former occupant;
	(b)	any fixtures installed in the premises by the former occupant.
49	Disposal of perishable and certain other uncollected goods—Act, s 203 (1) (b)
	(1)	The operator of a retirement village may remove and dispose of goods left in residential premises in the village by a former occupant of the village if the goods are—
	(a)	perishable foodstuffs; or
	(b)	goods that it would be unsafe or unhealthy to store.
	(2)	The operator may remove and dispose of the goods—
	(a)	if the former occupant’s residence contract was ended by an ACAT order—immediately after the day the former occupant vacated the residential premises; and
	(b)	if the residence contract was ended otherwise than by an ACAT order—at any time after the contract is ended.
50	Storage of other uncollected goods
	(1)	The operator of a retirement village commits an offence if the operator fails to deal with uncollected goods of a former occupant of the village (other than goods mentioned in section 49 (1)) in accordance with this section.
Maximum penalty: 20 penalty units.
	(2)	The operator must leave the goods in the residential premises, or store them in a secure place for at least 30 days after—
	(a)	the day the operator issued a notice under the Act, section 203 (2) (Disposal of uncollected goods); or
	(b)	if the operator does not have a forwarding address for the former occupant (or the address of the executor or administrator of the estate of the former occupant)—
	(i)	if the former occupant’s residence contract was ended on an ACAT order—the day the former occupant vacated the residential premises; or
	(ii)	in any other case—the day the former occupant’s residence contract was ended.
51	Claiming uncollected goods
	(1)	A person who is entitled to possession of uncollected goods of a former occupant of a retirement village may claim the goods at any time before they are destroyed, sold or otherwise dealt with under this division.
	(2)	If the operator of the village is satisfied, on reasonable grounds, that the person claiming the uncollected goods is entitled to them, the operator must deliver up the goods to the person, free of any charge (other than a removal or storage charge).
	(3)	The operator may require payment of any reasonable costs and expenses incurred in removing or storing the goods before delivering the goods to the person.
	(4)	However, if the claim is for some but not all of the goods and the remaining goods are of sufficient value to cover the reasonable costs and expenses of removing or storing all the goods, the operator must deliver the claimed goods to the person without requiring payment for removal or storage.
52	Disposal of uncollected goods after storage
	(1)	This section applies to uncollected goods mentioned in section 50.
	(2)	The operator of a retirement village commits an offence if, at the end of the 30-day period mentioned in section 50 (2), the operator fails to deal with the uncollected goods in accordance with this section. 
Maximum penalty: 20 penalty units.
	(3)	The operator must send any uncollected personal documents of a former occupant of the village to—
	(a)	the former occupant’s forwarding address; or 
	(b)	the address of the executor or administrator of the former occupant’s estate.
	(4)	If the operator does not have an address mentioned in subsection (3), the operator must—
	(a)	if possible, return the personal documents to their place of origin; and
Examples
·	return financial statements to the issuing financial institution
·	return a licence to the issuing authority
·	return a passport to the Commonwealth Government
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(b)	keep the other personal documents in a secure place for at least 6 months, and then dispose of them as the operator sees fit, taking reasonable steps to ensure the privacy of the former occupant or any other person.
	(5)	If the operator believes on reasonable grounds that an individual item of uncollected goods (other than a personal document) is worth less than $100, the operator may give the item to a charitable organisation or otherwise dispose of it.
	(6)	The operator must sell by public auction any item of uncollected goods (other than a personal document) that the operator believes on reasonable grounds is worth $100 or more.
	(7)	In this section:
personal documents, of a former occupant, means certificates, financial records and statements, licences, medical records, passports, personal correspondence, photographs and any other document the former occupant (or a member of the former occupant’s family) would reasonably be expected to want to keep.
53	Records and accounting
	(1)	The operator of a retirement village must make and keep for at least 2 years a record of all uncollected goods that the operator disposes of under section 52.
	(2)	The operator must account to the former occupant (or to the executor or administrator of the former occupant’s estate) for the balance of the proceeds of the sale of the goods after the deduction of the reasonable costs of removing, storing and selling the goods.
	(3)	However, if the operator does not have an address mentioned in section 52 (3), the balance of the proceeds must be dealt with as unclaimed amounts under the Unclaimed Money Act 1950, part 3 (Unclaimed amounts payable by companies).

Part 9	Prescribed rates of interest
    
54	Prescribed rate of interest—Act, s 213 (3)
The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).
Note	The rate for the Act, s 41 (5) (b) is prescribed by s 9.
55	Prescribed rate of interest—Act, s 235 (6) (b)
The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).
Note	The rate for the Act, s 41 (5) (b) is prescribed by s 9.
56	Prescribed rate of interest—Act, s 237 (3)
The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).
Note	The rate for the Act, s 41 (5) (b) is prescribed by s 9.
57	Prescribed rate of interest—Act, s 238 (9) (b)
The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).
Note	The rate for the Act, s 41 (5) (b) is prescribed by s 9.

Part 10	Protection of ingoing contributions paid by residents other than registered interest holders
58	Refund of ingoing contribution—Act, s 241 (1) (b)
The amount of $10 000 is prescribed.

Part 11	Consent of residents
59	Conduct of written ballots—Act, sch 1, s 1.3 (1) (b) and s 1.5
	(1)	A written ballot must be conducted in accordance with schedule 4, part 4.2 (Conducting a written ballot).
	(2)	A vote in relation to a measure or action requiring a special resolution must be conducted in accordance with schedule 4, part 4.3 (Ballot for special resolution). 

Part 12	Miscellaneous
60	Modification of Act—Act, s 504 (2)
	(1)	The Act, part 20 is modified by schedule 5.
	(2)	This section and schedule 5 expire 5 years after the commencement day.
61	Resident—Act, dict, def resident, par (b) (ii)
	(1)	A person to whom subsection (2) applies is prescribed.
	(2)	This subsection applies to a person who—
	(a)	is the domestic partner of another resident; and
	(b)	occupies residential premises in the retirement village with the other resident; and
	(c)	continues to occupy the residential premises after the other resident dies or permanently vacates the premises.
Note	Domestic partner—see the Legislation Act, s 169 (1).

Schedule 1	Contents of village contracts
(s 13 (1))
Part 1.1	Matter to be included in village contracts
1.1	Information to be included in village contract
A village contract for a resident in a retirement village must include the following information:
	(a)	the name of the retirement village to which the contract relates;
	(b)	the address in the village of the resident’s residential premises;
	(c)	the full names of the parties to the contract;
	(d)	the signatures of the parties to the contract;
	(e)	the name and address of an operator of the village who is not a party to the contract;
	(f)	the name and address of the resident’s agent (if any) appointed under the Act, section 101 (Right to appoint agent);
	(g)	the date the disclosure statement and the information under the Act, section 28 (Information to be given to prospective residents) were given to the resident (or a person acting on the resident’s behalf);
	(h)	the date the contract is made;
	(i)	if the operator is the other party to the contract—
	(i)	the name and address of the operator’s agent (if any);
	(ii)	the date the copy of the contract was given to the resident (or a person acting on the resident’s behalf);
	(iii)	the amount of any ingoing contribution payable by the resident and the date by when it must be paid;
	(iv)	the amount of recurrent charges payable by the resident as at the date the contract is drafted;
	(v)	the date from which those charges become payable;
	(vi)	the date agreed as the date the resident is entitled to occupy the premises (subject to completion of construction, and not precluding an earlier date if an earlier date is later agreed between the operator and the resident);
	(j)	a provision reflecting the Act, section 88 (Compliance with village rules by people other than operator and residents);
	(k)	if a residence contract entitles the resident to the use of a garage, parking space or storeroom—details of the garage, parking space or storeroom.

Part 1.2	Headings and additional matter to be included in village contracts
1.2	Cooling-off period
	(1)	A village contract must include a clause with the heading ‘Cooling‑off period’ printed in bold font.
	(2)	The clause must—
	(a)	explain the resident’s rights to rescind the contract free of any loss or penalty during the cooling-off period; and
	(b)	state—
	(i)	the length of the cooling-off period; and
	(ii)	the method by which the resident can rescind the contract; and 
	(iii)	the time within which any money the rescinding party has paid under the contract is to be repaid. 
	(3)	A residence contract must include a statement to the effect that the cooling-off period is waived if the resident begins living in the premises.
1.3	Retirement village legislation
	(1)	A village contract must include a clause with the heading ‘Retirement village legislation’ printed in bold font.
	(2)	The clause must include a statement—
	(a)	about the existence of the Act and this regulation; and
	(b)	to the effect that the contract is subject to the provisions of the Act and this regulation.
1.4	Ingoing contribution
	(1)	A village contract must include a clause with the heading ‘Ingoing contribution’ printed in bold font.
	(2)	The clause must include the following:
	(a)	if an ingoing contribution is to be paid by instalments—a statement setting out the conditions under which it is to be paid;
	(b)	a statement about whether interest is payable to the resident while the operator has use of the ingoing contribution;
	(c)	if part or all of the ingoing contribution is to be non‑refundable—a statement to that effect;
	(d)	a statement about how much of the ingoing contribution the resident will get back if, after the cooling-off period, the resident—
	(i)	dies before taking up residence in the residential premises; or
	(ii)	after taking up residence, permanently vacates the premises within the period stated in the contract.
1.5	Recurrent charges
	(1)	A village contract must include a clause with the heading ‘Recurrent charges’ printed in bold font.
	(2)	The clause must include the following:
	(a)	the intervals or dates when any recurrent charges are payable under the contract;
	(b)	how the recurrent charges may be paid;
	(c)	if recurrent charges payable by the resident are to be amended in accordance with a fixed formula—
	(i)	the intervals or dates when recurrent charges are to be amended; and
	(ii)	the fixed formula used to decide amendments in the amount of recurrent charges; and
	(iii)	the amount of written notice (not less than 14 days) that will be given to the resident to amend the amount of recurrent charges;
	(d)	if recurrent charges payable by the resident may be amended other than in accordance with a fixed formula—
	(i)	the intervals or dates when the operator may propose an amendment of the amount of recurrent charges; and
	(ii)	any upper limit by which the operator agrees not to propose an increase; and
	(iii)	the amount of written notice (not less than 60 days) that will be given to the resident if an amendment is proposed; and
	(iv)	a statement to the effect that the amount of recurrent charges cannot be amended unless affected residents consent to the amendment or the ACAT orders the amendment to take effect;
	(e)	a statement to the effect that if the resident is absent from the village for any reason for at least the period (of not more than 28 consecutive days) stated in the contract, the resident is not liable for recurrent charges for optional services in relation to the remainder (if any) of that absence;
	(f)	a statement about whether the resident is liable to continue to pay recurrent charges after permanently vacating the premises and, if so, for what period and under what conditions.
1.6	Services and facilities
	(1)	A village contract must include a clause with the heading ‘Services and facilities’ printed in bold font.
	(2)	The clause must include the following:
	(a)	a description of all services provided or made available to the resident by, or on behalf of, the operator;
	(b)	a statement about any additional or optional services available to the resident on a ‘user pays’ basis, and the cost of those services as at the date of preparation of the contract;
	(c)	a list of all facilities within the village available for the resident’s use.
	(3)	The contract must identify any services or facilities that the development consent for the village requires to be provided for the life of the village.
	(4)	Representations (if any) about proposed services or facilities made before the contract is entered into—
	(a)	must be stated in the contract; and
	(b)	must identify the service or facility; and
	(c)	must state the date by when that service or facility is to be provided or made available.
	(5)	The contract—
	(a)	may distinguish between general services and optional services; and
	(b)	if it does, must include a statement to the effect that the ACAT has the power to override this determination in the event of a dispute.
	(6)	The contract must include a statement drawing the resident’s attention to the fact that services and facilities may be reduced or (except for those required by the development consent to be provided for the life of the village) withdrawn or otherwise amended, but only if the residents of the village pass a special resolution in accordance with the provisions of the Act.
	(7)	The contract must make it clear that the resident has no right to compensation if services or facilities are reduced or withdrawn or otherwise amended in accordance with a special resolution of the residents.
1.7	Fixtures, fittings and furnishings
	(1)	A village contract must include a clause with the heading ‘Fixtures, fittings and furnishings’ printed in bold font.
	(2)	The clause must list the fixtures, fittings and furnishings that are to be provided in the residential premises.
1.8	Repairs and maintenance
	(1)	A village contract must include a clause with the heading ‘Repairs and maintenance’ printed in bold font.
	(2)	The clause must set out the process by which the resident can ask the operator to carry out necessary repairs and maintenance.
1.9	Alterations and additions
	(1)	A village contract must include a clause with the heading ‘Alterations and additions’ printed in bold font.
	(2)	The clause must—
	(a)	state the conditions under which a resident may alter or add to the residential premises; and
	(b)	include a provision to the effect that the resident may, at any time before permanently vacating the premises, remove any fixture that the resident has added to the premises.
1.10	Operator’s access to premises
	(1)	A village contract must include a clause with the heading ‘Operator’s access to premises’ printed in bold font.
	(2)	The clause must set out the circumstances under which the operator, or a person authorised by the operator, may enter the residential premises.
1.11	Village rules
	(1)	A village contract must include a clause with the heading ‘Village rules’ printed in bold font.
	(2)	The clause must include a statement to the effect that if a village rule is inconsistent with a term of a village contract—
	(a)	the village rule prevails to the extent of the inconsistency; but
	(b)	if the inconsistent term of the village contract is a standard term, the term prevails over the rule.
1.12	Dispute resolution
	(1)	A village contract must include a clause with the heading ‘Dispute resolution’ printed in bold font.
	(2)	The clause must—
	(a)	set out the resident’s right to apply to the ACAT if the resident considers a term of the contract to be harsh, oppressive, unconscionable or unjust; and
	(b)	draw the resident’s attention to the existence of the ACAT, and the resident’s right to apply for a range of orders from the ACAT, including the following:
	(i)	an order that amends or sets aside a provision of the contract or a village rule that conflicts with the Act;
Note	A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
	(ii)	an order that the operator comply with the Act;
	(iii)	an order to enforce a provision of the contract or a village rule.
1.13	Changes in operator
	(1)	A village contract must include a clause with the heading ‘Changes in operator’ printed in bold font.
	(2)	The clause must—
	(a)	include a statement to the effect that the terms of the contract are enforceable against an operator of the village; and
	(b)	if a trustee is involved—set out the conditions on which the trustee is appointed and any rights the resident may have because of that appointment.
1.14	Ending the contract
	(1)	A village contract must include a clause with the heading ‘Ending the contract’ printed in bold font.
	(2)	The clause must—
	(a)	set out the methods by which the contract may be ended, including a list of the grounds on which the resident or operator may apply to the ACAT to end the contract; and
	(b)	include a statement to the effect that the contract cannot be ended by the operator unless the operator obtains an order from the ACAT.
1.15	Transfers
	(1)	A village contract must include a clause with the heading ‘Transfers’ printed in bold font.
	(2)	The clause must—
	(a)	set out the conditions, if any, under which the resident may ask for a transfer to other residential premises within the retirement village, or to other accommodation for older people run by the same operator; and
	(b)	disclose the general financial basis on which a transfer may be effected.
	(3)	If the operator of the retirement village has an associated facility in which residential care under the Aged Care Act 1997 (Cwlth) is provided, the clause must also include a statement to the effect that—
	(a)	places in those facilities are allocated on the basis of a resident’s needs; and
	(b)	entry is subject to an assessment for admission; and 
	(c)	a transfer to the associated facility cannot be guaranteed.
1.16	Departure fees
	(1)	A village contract must include a clause with the heading ‘Departure fees’ printed in bold font.
	(2)	The clause must—
	(a)	state whether a departure fee is payable by the resident on the ending of the contract; and
	(b)	if a departure fee is payable—set out the method of working out the departure fee; and
	(c)	include a statement to the effect that no departure fee is payable in relation to any period after the resident permanently vacates the premises.
1.17	Capital gain or loss
	(1)	A village contract must include a clause with the heading ‘Capital gain or loss’ printed in bold font.
	(2)	The clause must state—
	(a)	whether any capital gain or loss, or increase in ingoing contribution paid by the incoming resident, is to be shared between the resident and the operator; and 
	(b)	if so—the relevant percentages.
1.18	Refund of payment to resident
	(1)	A village contract must include a clause with the heading ‘Refund of payment to resident’ printed in bold font.
	(2)	The clause must—
	(a)	set out in full the method of working out any refund or payment due to the resident on ending the contract, the time for its payment and any relevant conditions on its payment; and
	(b)	if 2 or more residents are parties to the contract—
	(i)	state whether a partial refund is payable if 1 resident permanently vacates the residential premises; and
	(ii)	if so, the circumstances under which a partial refund is payable.
1.19	Changes to this contract
	(1)	A village contract must include a clause with the heading ‘Changes to this contract’ printed in bold font.
	(2)	The contract must include a statement to the effect that the resident is not obliged to agree to amend the contract, or to end the contract and enter into a new one, because of changes in legislation (unless the legislation requires the amendment or ending) or for any other reason.
1.20	Annexures
	(1)	A village contract must include a clause with the heading ‘Annexures’ printed in bold font.
	(2)	The clause must mention the following, which must be annexed to the contract:
	(a)	a copy of the disclosure statement given to the resident;
	(b)	a copy of the current village rules (if any);
	(c)	a copy of any applicable condition report.

Schedule 2	Matter to be excluded from village contracts
    
(s 13 (2))
2.1	Dispute resolution
A village contract must not require the parties to the contract to attempt to resolve disputes between them by any process other than the process provided under the Act.
2.2	Wills
A village contract must not require a resident to have a will or to tell the operator about the location of a will.
2.3	Insurance
	(1)	A village contract must not include a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance, ambulance fund or other form of health insurance. 
	(2)	However, the contract may require a resident who uses a motorised wheelchair to take out appropriate insurance in relation to the wheelchair.
2.4	Legal, accounting and other expenses
A village contract must not include a provision enabling a resident to be charged individually for legal, accounting or other services incurred by the operator in—
	(a)	corresponding with the resident or a person acting on the resident’s behalf; or 
	(b)	enforcing the contract.
2.5	Absences
A village contract must not restrict the time a resident may be absent from the village.
2.6	Penalty terms
A village contract must not provide that, if a resident breaches the contract or the village rules, the resident is liable to pay—
	(a)	an increased amount of recurrent charges; or
	(b)	an amount as a penalty; or
	(c)	an amount as liquidated damages.
2.7	Exclusions
A village contract must not include a provision to the effect that a resident will not have the benefit or advantage of any legislation that may come into force and has the effect of relieving the resident of any obligation or liability under the contract.
2.8	Recurrent charges
	(1)	This section applies to a village contract that makes provision for the recurrent charges payable by a resident to be amended according to a fixed formula.
	(2)	The formula must not include a component relating to the actual or proposed expenditure of the village.
2.9	Disclaimers
A village contract must not include a provision removing liability from the operator for any negligent act or omission by the operator, its employees or agents.
2.10	Entire agreement
A village contract must not include a provision to the effect that the written contract represents the entire agreement between the parties to the contract.

Schedule 3	Time for making ACAT applications 
(s 42 (1))

column 1
item	column 2
section	column 3
time during which application may be made	
1	27 (2)	not earlier than 14 days after date of request for general inquiry document or disclosure statement	
2	57 (3)	not earlier than 1 month after service of rescission notice	
3	57 (9) (a)	up to 3 months after date of rescission	
4	57 (9) (b)	up to 3 months after date of rescission	
5	58 (4)	up to 3 months after date of rescission	
6	85 (4)	up to 30 days after date of notification of refusal to consent	
7	153 (6)	no earlier than 14 days after date of request by residents committee under section 153 (4)	
8	154 (1)	up to 30 days after date of notification of refusal to consent or, if residents do not notify, up to 14 days after end of period under section 153 (2)	
9	161	not earlier than 59 days immediately before commencement of the financial year and any time until the end of the financial year	
10	186 (2)	up to 7 days after date of notification of differing opinion as to condition of premises	
11	188 (1)	not later than 14 days after service of notice under section 184	
12	188 (2)	not later than 14 days after service of notice under section 184	
13	189 (1)	up to 30 days after alleged incident became known to operator	
14	195 (2)	up to 30 days after date set for vacation by earlier ACAT order	
15	202 (2)	any time before goods are disposed of under section 203	
16	203 (1)	not earlier than 30 days after date of notice required under section 203 (2)
if the notice cannot be given, application cannot be made earlier than 30 days after the date—
	(a)	if the residence contract was ended by an ACAT order—the former occupant vacated premises; or
	(b)	in any other case—the residence contract was ended	
17	206 (2)	up to 12 months after date operator deals with the goods	
18	219 (4)	up to 3 months after date of receipt of claim	
19	238 (7)	not earlier than 1 month before end of period mentioned in section 238 (2) (b) (vii) and not later than 14 days after end of that period	
20	240 (2)	up to 14 days after due date for payment	

Schedule 4	Conduct of written ballots
(s 59)
Part 4.1	Preliminary
4.1	Definitions—sch 4
In this schedule:
ballot means a ballot conducted at a meeting of residents of a retirement village.
qualified voter, for a ballot, means a resident of the retirement village where the ballot is conducted.
returning officer, for a ballot, means a person elected as returning officer under section 4.6.

Part 4.2	Conducting a written ballot
4.2	When written ballot required
	(1)	The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether the vote on the measure or action is to be taken by a written ballot.
	(2)	If 50% or more of the residents present at the meeting decide that the vote is to be taken by a written ballot, the vote must be taken by a written ballot.
4.3	Election of returning officer
	(1)	This section applies if the residents of a retirement village decide that a vote is to be taken by a written ballot.
	(2)	The residents must elect a returning officer for the ballot by a show of hands at a meeting of the residents.
	(3)	A person is eligible to be selected as a returning officer for a written ballot if the person is—
	(a)	a resident of the retirement village; and
	(b)	not a member of the residents committee; and 
	(c)	not standing for election to the residents committee.
4.4	Conduct of written ballot
	(1)	This section applies if a vote is to be taken by a written ballot (including a vote on a special resolution).
	(2)	The returning officer for the ballot must prepare enough ballot papers so that a ballot paper can be given to each qualified voter.
	(3)	The ballot paper must contain details of the measure or action for which the ballot is being held and directions about the way a vote is to be recorded and returned to the returning officer.
Example
The ballot paper may have the question to be answered followed by a ‘yes’ box and a ‘no’ box and instructions that the vote clearly mark one of the boxes with a tick or cross.
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(4)	At the meeting, the returning officer must give each qualified voter (or if the qualified voter has a proxy, the voter’s proxy) a ballot paper initialled by the returning officer.
	(5)	In order to vote on the resolution at the meeting, a qualified voter (or if the qualified voter has a proxy, the voter’s proxy) must do the following:
	(a)	record a vote on the ballot paper in accordance with the directions shown on it; 
	(b)	fold the completed ballot paper so that the vote cannot be seen; 
	(c)	place the ballot paper in the ballot box.
4.5	Counting and reporting votes
	(1)	The returning officer must, as soon as practicable after a vote is completed, work out the result of the vote by counting the votes, including any proxy or postal votes.
	(2)	When the result of the vote is worked out, the returning officer must—
	(a)	announce the result; and 
	(b)	prepare a written report of the result; and
	(c)	give copies of the report to the residents.
	(3)	The returning officer must—
	(a)	give copies of the report to the residents committee (if any); and 
	(b)	place a copy of the report on a notice board in a communal area within the retirement village.
4.6	Returning officer’s decision final
A decision of the returning officer in relation to a vote is final. 

Part 4.3	Ballot for special resolution
4.7	Application—pt 4.3
This part applies if a measure or action relating to a retirement village requires a special resolution.
4.8	Special resolution—notice
	(1)	A resolution about an action or measure requiring a special resolution must be put to a meeting of the residents of the village.
	(2)	At least 21 days written notice of the meeting must be given to each resident of the village.
	(3)	The notice must—
	(a)	include the resolution; and
	(b)	state that the resolution is to be put as a special resolution; and
	(c)	state that residents of the village may cast their vote, in writing, before the meeting; and
	(d)	give directions about how a vote under paragraph (c) is to be cast and recorded; and
	(e)	be accompanied by a ballot paper initialled by the returning officer.
4.9	Special resolution—postal vote
	(1)	A qualified voter may, before a meeting for a special resolution, cast a vote (a postal vote) by giving it in writing to—
	(a)	the residents committee; or
	(b)	if there is no residents committee for the retirement village—the operator of the village.
	(2)	A postal vote received before the meeting must be kept in a safe and secure place.
	(3)	At the meeting, each postal vote must be—
	(a)	accounted for against a current list of residents; and 
	(b)	handed to the returning officer.
	(4)	If a qualified voter has cast a postal vote in accordance with this section, the voter cannot—
	(a)	change or withdraw the postal vote; or 
	(b)	vote in person or by proxy at the meeting in relation to the special resolution.
4.10	Special resolution—quorum 
	(1)	A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless a quorum is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.
	(2)	A quorum is—
	(a)	a minimum of 5 qualified voters, or 50% of qualified voters (whichever is the greater); or
	(b)	if the village has fewer than 10 occupied residential premises—the qualified voters from a majority of the occupied residential premises.
	(3)	If a quorum is not present within 1/2 an hour after the resolution arises for consideration at the meeting, the meeting must be adjourned for at least 7 days.
	(4)	If a quorum is not present within 1/2 an hour after the time fixed for the adjourned meeting, the qualified voters present personally or by proxy or postal vote constitute a quorum for considering the resolution. 

Schedule 5	Modification of Act
(see s 60)
    
[5.1]	New sections 503A to 503ZU
insert
503A	Meaning of permanently vacated residential premises— s 14 (1)
	(1)	This section applies if, before the commencement day, a former occupant of a retirement village permanently left his or her residential premises in the retirement village.
	(2)	For section 14 (1) (Meaning of permanently vacated residential premises), the former occupant is taken to have permanently vacated the residential premises in the retirement village.
Note	Permanently vacated, residential premises—
	(a)	see s 14; and
	(b)	for pt 10 (Matters relating to vacation of premises)—see s 207.
503B	Former retirement villages that stopped being retirement villages before the commencement day—s 15A (3)
Section 15A (3) (Application to residents and operators of former retirement villages), definition of former retirement village, includes a complex that stopped being a retirement village before the commencement day.
503C	General inquiry document—s 23
	(1)	This section applies if, before the commencement day, a prospective resident of a retirement village—
	(a)	requests a copy of a general inquiry document; or
	(b)	expresses an interest in the village.
	(2)	Section 23 (General inquiry document) does not apply to the request or expression of interest.
503D	Disclosure statement—s 24
	(1)	This section applies if, before the commencement day, a prospective resident of a retirement village—
	(a)	requests a copy of a disclosure statement; or
	(b)	expresses an interest in particular premises in the village.
	(2)	Section 24 (Disclosure statement) does not apply to the request or expression of interest.
503E	Copies of certain documents to be made available—s 29 (1) (c)
For section 29 (1) (c) (Copies of certain documents to be made available)—
	(a)	a draft budget provided under the repealed code, section 14 (Resident input into budget) is taken to be a proposed annual budget; and
	(b)	a final budget developed under the repealed code, section 14 is taken to be an approved annual budget.
503F	Resident to enter village contract—s 41 (1)
	(1)	This section applies to a residence contract, or service contract, that is an existing contract.
Note	Existing contract—see s 500.
	(2)	The requirement in section 41 (1) (Resident to enter village contract) for a residence contract or service contract to be in writing does not apply to the contract.
503G	Retirement village land to be registered—s 42 (3)
	(1)	This section applies to a person who, immediately before the commencement day, is the operator of a retirement village.
	(2)	Section 42 (3) (Retirement village land to be registered under Land Titles Act) does not apply to the person.
	(3)	However, the person must lodge a notice mentioned in section 42 (1) with the registrar‑general not later than 3 months after the commencement day.
503H	Inconsistency between village contract and disclosure statement—s 45
For section 45 (Inconsistency between village contract and disclosure statement), a statement provided under the repealed code, section 18 (Information to be provided by management to every prospective resident) is taken to be a disclosure statement.
503I	Village contracts must be in writing—s 46
Section 46 (Village contracts must be in writing) does not apply to a village contract that is an existing contract.
503J	Amendment or replacement of village contract—s 49
To remove any doubt, a resident is not obliged to agree to an amendment or replacement of the resident’s village contract under section 49 (Amendment or replacement of village contract) only because of the commencement of this Act.
503K	Rescission of village contract on grounds relating to disclosure statement—s 54
For section 54 (Rescission of village contract on grounds relating to disclosure statement), a statement provided under the repealed code, section 18 (Information to be provided by management to every prospective resident) is taken to be a disclosure statement.
503L	Condition report for certain residential premises—s 59 (4)
	(1)	This section applies if, before the commencement day, the operator of a retirement village allowed a prospective resident to occupy residential premises in contravention of section 59 (1) (Condition report for certain residential premises).
	(2)	Section 59 (4) does not apply to the operator in relation to any alleged damage occurring to the premises during the prospective resident’s occupancy of the premises before the commencement day.
503M	Renovations and alteration of fixtures or fittings—s 63 (5) (a)
	(1)	Section 63 (Renovations and alteration of fixtures or fittings) does not apply to renovations or alterations of fixtures or fittings that were started, but not completed, before the commencement day.
	(2)	To remove any doubt, section 63 (5) (a) applies to a fixture or fitting that was added before the commencement day.
503N	Settling-in period for residents—div 5.2 and s 71
	(1)	Division 5.2 (Settling-in period for residents) applies to a village contract that is an existing contract.
	(2)	To avoid any doubt, end of the settling-in period, for a village contract that is an existing contract, has the same meaning as in section 71 (Meaning of end of the settling-in period—div 5.2).
503O	Village rules—div 6.1
	(1)	This section applies if, immediately before the commencement day, a village rule was in force for a retirement village under the repealed code.
	(2)	The rule is, on the commencement day, taken to be a village rule made under division 6.1 (Village rules).
503P	Operator not to demand power of attorney—s 98
	(1)	This section applies if, immediately before the commencement day, a power of attorney, by a resident or prospective resident of a village, in favour of a person mentioned in section 98 (1) (a) to (c) (Operator not to demand power of attorney) is in force.
	(2)	The power of attorney ends on the commencement day.
	(3)	Subsection (2) does not apply if the resident or prospective resident is a relative of the operator.
	(4)	This section has effect despite—
	(a)	the Powers of Attorney Act 2006; and
	(b)	the terms of the instrument creating the power of attorney.
Note	The Powers of Attorney Act 2006, s 32 provides that an enduring power of attorney is not revoked even if the person who gave the power of attorney becomes a person with impaired decision‑making capacity.
503Q	Membership of Residents Committee—s 104
For section 104 (Membership of residents committee), any term of office that ended before the commencement day is to be disregarded.
503R	Operator must hold annual management meeting—s 107
	(1)	This section applies if a financial year for a retirement village ends less than 2 months before the commencement day.
	(2)	Section 107 (Operator must hold annual management meeting) applies to the financial year for the retirement village.
Note	The financial year for a retirement village is fixed under s 134.
503S	Proxies—s 116
	(1)	This section applies to a proxy that is in force immediately before the commencement day.
	(2)	Section 116 (3), (4) and (6) (Proxies) and section 117 (1) (Certain limitations on proxies), do not apply to the casting of a vote by proxy.
	(3)	However, if the proxy is not sooner ended, the proxy ends at the end of the first full financial year for the retirement village after the commencement day.
503T	Relative may ask to enter into residence contract—s 120 (1) (c)
To remove any doubt, the 6‑month period mentioned in section 120 (1) (c) (Relative may ask to enter into residence contract) may start before the commencement day.
503U	Resident may carry out urgent work—s 139
Section 139 (Resident may carry out urgent work) does not apply to capital maintenance or capital replacement carried out by a resident of a retirement village before the commencement day.
503V	Sale of capital items to residents—s 146
	(1)	Except as provided by this section, section 146 (Sale of capital items to residents) does not apply to the sale of a capital item before the commencement day.
	(2)	A resident of a retirement village may, by notice in writing to the operator of the village, advise that this section applies to a stated capital item owned by the resident if—
	(a)	the item was purchased from the operator of the village on or after 4 March 2013; and
	(b)	but for the purchase of the item, it is an item for which the operator would be responsible.
	(3)	If a resident gives a notice under subsection (2) to an operator—
	(a)	ownership of the capital item mentioned in the notice is transferred to the operator; and
	(b)	the resident is entitled to receive a payment equal to the amount the resident paid for the item.
	(4)	A payment that a resident is entitled to receive under this section is required to be made at the same time as the operator is required to make a payment to the resident under whichever of the following provisions is relevant:
	(a)	section 75 (2) (Time for making of payments);
	(b)	section 235 (2) (Payments to former occupants who were registered interest holders);
	(c)	section 238 (2) (Payments to former occupants who were not registered interest holders).
	(5)	The operator of a retirement village may apply to the ACAT for (and the ACAT may make) an order, reducing the amount to which a resident is entitled under subsection (3) (b), having regard to the condition of the capital item concerned.
	(6)	An application made by an operator under subsection (5) may relate to more than one capital item or more than one notice under this section.
503W	Amendment of recurrent charges—s 148 (2)
	(1)	This section applies to a village contract if—
	(a)	the contract is an existing contract; and
	(b)	the contract provides for any recurrent charges payable under the contract to be amended otherwise than according to a fixed formula; and
	(c)	recurrent charges payable under the contract were amended within the 12-month period immediately before the commencement day.
	(2)	Section 148 (2) (Amendment of recurrent charges) applies to the contract on and from the day the recurrent charges payable under the contract were last amended.
503X	Residents’ consent to spending—s 162 (9)
	(1)	Section 162 (9) (Residents’ consent to spending) does not apply to the first proposed annual budget for a retirement village after the commencement day unless the recurrent charges payable by the residents have been varied under section 148 (1) (a).
	(2)	If, under subsection (1), section 162 (9) does not apply to the first proposed annual budget for a retirement village, section 159 (5) and (6) (Proposed annual budget) also does not apply to the budget.
503XA	ACAT orders—decisions about spending—s 163
	(1)	Subsection (2) applies if, immediately before the commencement day, a budget referee provision applies to an existing contract.
	(2)	On the commencement day, the budget referee provision ceases to apply to the existing contract and, instead, section 163 (ACAT orders—decisions about spending) applies to the contract.
	(3)	Subsection (4) applies if, immediately before the commencement day, a budget referee clause is included in an existing contract.
	(4)	On the commencement day, the budget referee clause ceases to operate and, instead, section 163 applies to the contract.
	(5)	Any other reference in an existing contract or the repealed code to—
	(a)	a budget referee is, on the commencement day, taken to be a reference to the ACAT; and
	(b)	a procedure involving the resolution of a budget disagreement by a budget referee is, on the commencement day, taken to be a reference to the procedures mentioned in section 163.
	(6)	In this section:
budget referee clause means a provision that mentions a procedure involving the resolution of a budget disagreement by a budget referee.
budget referee provision means a provision of the repealed code, part 5, division 4 (Resolution of budget impasse).
503Y	Auditing of accounts—s 168 (3) and (6)
Section 168 (3) and (6) (Auditing of accounts) does not apply to the quarterly accounts for a retirement village for a quarter that ends before the commencement day.
503Z	Existing disputes—pt 8
	(1)	This section applies if—
	(a)	before the commencement day, a dispute resolution process (the existing dispute resolution process) was started in relation to a dispute under an existing contract; and
	(b)	immediately before the commencement day, the existing dispute resolution process had not finished.
	(2)	The existing dispute resolution process continues to apply to the dispute.
503ZA	Informal resolution of disputes—s 178
	(1)	This section applies if, immediately before the commencement day, a disputes committee under the repealed code, section 33 (Disputes committee)  is in existence.
	(2)	The disputes committee is, on the commencement day, taken to be a mechanism established for attempting to resolve disputes mentioned in section 178 (Informal resolution of disputes).
503ZB	Ending residence contracts—pt 9
	(1)	Subsection (2) applies if, immediately before the commencement day, a termination provision applies to an existing contract.
	(2)	On the commencement day, the termination provision ceases to apply to the existing contract and, instead, part 9 (Ending residence contracts) applies to the contract.
	(3)	Subsection (4) applies if, immediately before the commencement day, a termination clause is included in an existing contract.
	(4)	On the commencement day, the termination clause ceases to operate and, instead, part 9 (Ending residence contracts) applies to the contract.
	(5)	Any other reference in an existing contract or the repealed code to—
	(a)	a contract referee is, on the commencement day, taken to be a reference to the ACAT; and
	(b)	a procedure involving the ending of a residence contract, or the residence right under the contract, by a contract referee is, on the commencement day, taken to be a reference to the procedures mentioned in part 9.
	(6)	In this section—
termination clause means a provision that mentions a procedure involving the ending of a residence contract, or the residence right under the contract, by a contract referee.
termination provision means—
	(a)	a provision of the repealed code, part 5, division 3 (Termination by management); or
	(b)	any other provision of the repealed code that mentions a procedure involving the ending of a residence contract, or the residence right under the contract, by a contract referee.
503ZC	Existing uncollected goods—div 9.8
	(1)	This section applies if—
	(a)	before the commencement day, an existing residence contract is ended and goods are left on the residential premises by a former occupant; and
	(b)	immediately before the commencement day, the goods have not been finally dealt with.
	(2)	Division 9.8 (Uncollected goods) applies to the goods as if the existing residence contract were a residence contract.
503ZD	Meaning of permanently vacated residence—s 207
	(1)	This section applies if, before the commencement day, a former occupant of a retirement village permanently left his or her residential premises in the retirement village.
	(2)	For part 10 (Matters relating to vacation of premises), the former occupant is taken to have permanently vacated the residential premises on the commencement day.
Note	Permanently vacated, residential premises—
	(a)	see s 14; and
	(b)	for pt 10 (Matters relating to vacation of premises)—see s 207.
503ZE	Recurrent charges for general services—registered interest holders—s 210 (3) (a)
	(1)	This section applies if a former occupant of residential premises in a retirement village—
	(a)	is a registered interest holder in relation to the premises; and
	(b)	has vacated the premises before the commencement day; and
	(c)	was still liable to pay recurrent charges in relation to general services in relation to the premises immediately before the commencement day.
	(2)	Section 210 (3) (a) (Recurrent charges for general services—registered interest holders) applies to the former occupant as if the 42 days immediately after the former occupant permanently vacated the premises were 42 days after the commencement day.
503ZF	Recurrent charges for general services—generally—s 211 (2) (e)
	(1)	This section applies if a former occupant of residential premises in a retirement village—
	(a)	is not a registered interest holder in relation to the premises; and
	(b)	has vacated the premises before the commencement day; and
	(c)	was still liable to pay recurrent charges in relation to general services in relation to the premises immediately before the commencement day.
	(2)	Section 211 (2) (e) (Recurrent charges for general services—generally) applies to the former occupant as if the day that is 42 days after the day the former occupant otherwise permanently vacated the premises were the earlier of the following days:
	(a)	the day that is 42 days after the commencement day; or
	(b)	the day that is 6 months after the former occupant permanently vacated the premises.
503ZG	Meaning of departure fee—s 214 (1)
For section 214 (1) (Meaning of departure fee), the definition of departure fee includes a deferred fee under the repealed code.
503ZH	Meaning of departure fee—214 (1) (a)
	(1)	This section applies to a former occupant of residential premises in a retirement village if—
	(a)	the former occupant’s residence contract is an existing residence contract; and
	(b)	the former occupant is not a registered interest holder in relation to the residential premises.
	(2)	For section 214 (1), definition of departure fee, the amount payable under paragraph (a) includes an amount payable under the contract by the former occupant that is calculated in relation to the period after the end of the former occupant’s residence right as stated in section 503ZK (2) (Departure fees payable—not registered interest holders).
503ZI	Departure fees payable—s 217
Section 217 (Departure fees payable) does not apply to a former occupant of residential premises in a retirement village if the former occupant’s village contract is an existing contract.
Note	The following sections about departure fees apply to a former occupant of residential premises in a retirement village if the former occupant’s village contract is an existing contract:
·	s 503ZJ (Departure fees payable—registered interest holders);
·	s 503ZK (Departure fees payable—not registered interest holders );
·	s 503ZL (Reduction or waiver of departure fee).
503ZJ	Departure fees payable—registered interest holders
	(1)	This section applies to a former occupant of residential premises in a retirement village if—
	(a)	the former occupant’s village contract is an existing contract; and
	(b)	the former occupant is a registered interest holder in relation to the residential premises.
	(2)	A departure fee is not payable to the extent that it is calculated in relation to a period after the earliest of the following days:
	(a)	the day when the operator of the retirement village enters into—
	(i)	a village contract with an incoming resident in relation to the residential premises; or
	(ii)	a residential tenancy agreement with an incoming tenant in relation to the residential premises; 
	(b)	the day when a person takes up residence in the residential premises with the operator’s consent; 
	(c)	if the operator buys the residential premises from the former occupant—the day when contracts for the purchase are exchanged; 
	(d)	if the former occupant is a registered long‑term sublessee—
	(i)	if the ACAT terminated the residence contract—the day when the former occupant permanently vacated the residential premises; or 
	(ii)	if the former occupant permanently vacated the residential premises after receiving notice of the operator’s intention to apply to the ACAT for an order terminating the residence contract—the day when the former occupant permanently vacated the residential premises;
	(e)	if the operator and former occupant agree to a day—the day agreed.

	(3)	Despite anything else in this Act, subsection (2) does not affect a provision of a village contract that provides that the departure fee is not calculable in relation to a period occurring before a day mentioned in subsection (2).
503ZK	Departure fees payable—not registered interest holders
	(1)	This section applies to a former occupant of residential premises in a retirement village if—
	(a)	the former occupant’s village contract is an existing contract; and
	(b)	the former occupant is not a registered interest holder in relation to the residential premises.
	(2)	A departure fee may be calculated in relation to the period that ends on the earliest of the following days:
	(a)	the day when the operator of the retirement village enters into—
	(i)	a village contract with an incoming resident in relation to the residential premises; or
	(ii)	a residential tenancy agreement with an incoming tenant in relation to the residential premises;
	(b)	the day when a person takes up residence in the residential premises with the operator’s consent;
	(c)	if the ACAT terminated the residence contract—the day when the former occupant permanently vacated the residential premises; 
	(d)	if the former occupant permanently vacated the residential premises after receiving notice of the operator’s intention to apply to the ACAT for an order terminating the residence contract—the day when the former occupant permanently vacated the residential premises; 
	(e)	the day that is 6 months after the day the former occupant permanently vacated the residential premises;
	(f)	if the operator and former occupant agree to a day, the day agreed.
	(3)	Despite anything else in this Act, subsection (2) does not affect a provision of a village contract that provides that the departure fee is not calculable in relation to a period ending before a day mentioned in subsection (2).
503ZL	Reduction or waiver of departure fee
	(1)	This section applies to a former occupant of residential premises in a retirement village if the former occupant’s village contract is an existing contract.
	(2)	The ACAT may, on the application of the former occupant, make an order reducing or waiving the former occupant’s liability for the part of the departure fee calculated in relation to a period after the former occupant has permanently vacated the residential premises.
	(3)	However, the ACAT may make an order under subsection (2) only if the ACAT is of the opinion that any delay in the operator’s entering into a village contract with another person in relation to the premises is attributable to an action (including a failure to market or promote the premises) of the operator.
503ZM	Condition of premises on ending of residence contract—s 219 (2)
	(1)	This section applies to a former occupant of residential premises in a retirement village if—
	(a)	the former occupant is not a registered interest holder in relation to the residential premises; and
	(b)	the former occupant’s village contract is an existing contract; and
	(c)	the former occupant was not given a condition report when entering the existing contract.
	(2)	Section 219 (2) (Condition of premises on ending of residence contract) does not apply to the former occupant.
	(3)	The former occupant must leave the residential premises as nearly as possible in the same condition as the premises were in at the beginning of the residence contract excluding fair wear and tear and renovations or alterations to fixtures or fittings made with the consent of the operator of the village under section 63 (Renovations and alteration of fixtures or fittings).
	(4)	Section 219 (3) to (5) applies as if section 219 (2) were omitted and subsection (3) substituted.
503ZN	No refurbishment required—s 220
Section 220 (No refurbishment required) does not apply to a former occupant of residential premises in a retirement village if the former occupant’s residence contract was an existing residence contract.
Note	Section 503ZO (Refurbishment under existing contract) applies to a former occupant of residential premises in a retirement village if the former occupant’s residence contract is an existing contract.
503ZO	Refurbishment under existing contract
	(1)	This section applies to a former occupant of residential premises in a retirement village if—
	(a)	the former occupant’s residence contract was an existing residence contract; and
	(b)	the former occupant is required under the contract to pay for the cost of refurbishing the premises when the resident permanently vacates the premises.
	(2)	The operator of the retirement village commits an offence if—
	(a)	before starting the refurbishment—the operator does not give the former occupant a work schedule for the refurbishment together with at least 3 quotations of costs for carrying out the refurbishment; or
	(b)	the operator does not negotiate with the former occupant and attempt to agree on which quotation should be accepted; or
	(c)	if agreement cannot be reached—the operator does not allow the former occupant to get other quotations in an attempt to find a quotation that is acceptable to the operator and the former occupant; or
	(d)	the operator does not ensure that the former occupant receives a fully-itemised account for the carrying out of the refurbishment; or
	(e)	the operator accepts or demands a payment for the carrying out of the refurbishment before the refurbishment is complete.
Maximum penalty: 50 penalty units.
	(3)	If the operator and the former occupant cannot find a quotation that is acceptable to both of them, either of them may apply to the ACAT for an order directing acceptance of 1 of the quotations.
	(4)	Subsection (2) (a) to (c) does not apply if the former occupant agrees that the refurbishment is to be carried out by tradespeople who ordinarily carry out maintenance of the village.
	(5)	If the former occupant is required under the contract to pay a stated amount for the cost of refurbishment of the residential premises on permanently vacating the premises, the former occupant—
	(a)	need not pay more than the stated amount (regardless of the actual cost of the refurbishment); and
	(b)	if the actual cost of the refurbishment is less than the stated amount—need pay only the lesser amount.
503ZP	Sale of premises—s 223 (4)
	(1)	This section applies if, immediately before the commencement day, an existing contract contains a condition mentioned in section 223 (4) (Sale of premises).
	(2)	The condition is void on and after the commencement day.
503ZQ	Statements to former occupants who were registered interest holders—s 236 (2)
	(1)	This section applies if—
	(a)	the operator of a retirement village must give a former occupant of residential premises in a retirement village a statement under section 236 (2) (Statements to former occupants who were registered interest holders); and
	(b)	the former occupant must pay for the cost of refurbishment of the residential premises as mentioned in section 503ZO (1) (b) (Refurbishment under existing contract).
	(2)	The statement must, in addition to the matters mentioned in section 236 (2) (a) to (f)—
	(a)	set out the costs of the refurbishment; and
	(b)	show how the costs were calculated.
503ZR	Statements to former occupants who were not registered interest holders—s 238A (2)
	(1)	This section applies if—
	(a)	the operator of a retirement village must give a former occupant of residential premises in a retirement village a statement under section 238A (2) (Statements to former occupants who were not registered interest holders); and
	(b)	the former occupant must pay for the cost of refurbishment of the residential premises as mentioned in section 503ZO (1) (b) (Refurbishment under existing contract).
	(2)	The statement must, in addition to the matters mentioned in section 238A (2) (a) to (f)—
	(a)	set out the costs of the refurbishment; and
	(b)	show how the costs were calculated.
503ZS	Application of pt 11—s 241 (1)
For section 241 (1) (Application—pt 11), village contract includes an existing contract that was in force immediately before the commencement day.
503ZT	Creation of charge—s 242 (1)
	(1)	This section applies if part 11 (Protection of ingoing contributions paid by residents other than registered interest holders) applies to a village contract that is an existing contract that was in force immediately before the commencement day.
Note	Section 503ZS and s 241 deal with the application of pt 11.
	(2)	The charge under section 242 (1) (Creation of charge) is created over the land on the commencement day.
503ZU	Costs of operator’s legal advice or proceeding—s 260
	(1)	This section applies if—
	(a)	before the commencement day, a legal proceeding was started in relation to a retirement village, in which the operator and a resident of the village are parties; and
	(b)	immediately before the commencement day, the proceeding was not finally decided.
	(2)	The resident is not liable to pay any of the operator’s costs in relation to the proceeding that are incurred after the commencement day.
	(3)	However, subsection (2) does not apply in relation to costs awarded in favour of the operator and against a resident of the retirement village in a legal proceeding.

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following terms:
·	ACAT
·	Act
·	Corporations Act
·	director-general (see s 163)
·	domestic partner (see s 169 (1))
·	fail.
Note 3	Terms used in this regulation have the same meaning that they have in the Retirement Villages Act 2012 (see Legislation Act, s 148).  For example, the following terms are defined in the Retirement Villages Act 2012, dict:
·	annual management meeting
·	approved annual budget
·	capital gain
·	capital item
·	capital maintenance
·	capital works fund
·	close associate, of the operator of a retirement village
·	community title scheme
·	company title scheme
·	condition report
·	disclosure statement
·	former occupant
·	financial year, of a retirement village
·	ingoing contribution
·	operator, of a retirement village
·	owners corporation
·	permanently vacate, residential premises
·	proposed annual budget
·	prospective resident
·	proxy
·	recurrent charge
·	residence contract
·	residential aged care facility
·	residential premises
·	resident, of a retirement village
·	residents committee
·	retirement village
·	special resolution
·	village contract
·	village rules.
ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.
qualified voter, for a ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.
returning officer, for a ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.
uncollected goods, for division 8.2 (Uncollected goods)—see section 48.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
Retirement Villages Regulation 2013 SL2013-5
notified LR 1 March 2013
s 1, s 2 commenced 1 March 2013 (LA s 75 (1))
remainder commenced 4 March 2013 (s 2 and see Retirement Villages Act 2012 A2012-38, s 2 and LA s 79)
as amended by
Retirement Villages Amendment Regulation 2013 (No 1) SL2013-21
notified LR 15 August 2013
s 1, s 2 commenced 15 August 2013 (LA s 75 (1))
remainder commenced 16 August 2013 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Matters not to be financed by way of recurrent charges—Act, s 159 (4) (b)
s 36	am SL2013-21 s 4
Storage of other uncollected goods
s 50	am SL2013-21 s 5; ss renum R2 LA
Disposal of uncollected goods after storage
s 52	am SL2013-21 s 6; ss renum R2 LA
Modification of Act—Act, s 504 (2)
s 60	exp 4 March 2018 (s 60 (2))
Transitional
pt 20 hdg	om SL2013-21 s 7
Matters not to be financed by way of recurrent charges—Act, s 159 (4) (b)—s 36
s100	om SL2013-21 s 7
Modification of Act
sch 5	am SL2013-21 s 8, s 9
	exp 4 March 2018 (s 60 (2))
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
4 Mar 2013	4 Mar 2013–
15 Aug 2013	not amended	new regulation	

©  Australian Capital Territory 2013