Part 1 Preliminary
1 Name of regulation
This regulation is the Retirement Villages Regulation 2025.
2 Commencement
This regulation commences on 1 September 2025.Note—This regulation replaces the Retirement Villages Regulation 2017, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this regulation—asset register—see section 37.ballot, for Schedule 8—see Schedule 8, section 1.capital maintenance report means the report required by section 26.complaint resolution process, for Schedule 9—see Schedule 9, section 1.Department means the department in which the Act is administered.elder abuse, for Schedule 9—see Schedule 9, section 1.internal dispute resolution process, for Schedule 9—see Schedule 9, section 1.major item of capital, for Part 5—see section 24.official notice board means a notice board on the common property of a retirement village.private interest, for Schedule 9—see Schedule 9, section 1.qualified voter, for Schedule 8—see Schedule 8, section 1.relevant village information—see section 57.remaining effective life, for Part 5—see section 24.returning officer, for Schedule 8—see Schedule 8, section 1.safety inspection report means a report made under the Act, section 58A(2)(c)., for Part 5—see section 24.termination notice means a notice under the Act, section 131.the Act means the Retirement Villages Act 1999.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
4 Definition of “capital maintenance”
For the Act, section 4(1), definition of capital maintenance, the following are not capital maintenance—(a) work to substantially improve an item of capital beyond its original condition,(b) work to maintain or repair an item of capital if it would have been more cost-effective to replace the item.
5 Definition of “item of capital”
For the Act, section 4(1), definition of item of capital, paragraph (d), the following items in a retirement village are items of capital—(a) fixtures,Examples—bench tops, built-in cupboards and wardrobes, ducted air-conditioning, floor coverings, hot-water systems and stoves(b) fittings,Examples—light fittings, taps and sanitary fittings(c) furnishings,Examples—blinds, curtains and fly screens(d) non-fixed items.Examples—whitegoods, portable air conditioners, fans, tables and chairs
6 Definition of “operator”
(1) For the Act, section 4(1), definition of operator, paragraph (b), prescribed operators are prescribed as a class of persons.(2) In this section—prescribed operator means a person who is engaged to enter into individual village contracts with the residents of a retirement village by the following—(a) for a retirement village subject to a community land scheme—the relevant community association, neighbourhood association or precinct association,(b) for a retirement village subject to a strata scheme—the owners corporation,(c) for a retirement village subject to a company title scheme—the company that owns the retirement village.
7 Definition of “optional services”
For the Act, section 4(1), definition of optional services, the following services are prescribed—(a) hairdressing,(b) shopping assistance.
8 Definition of “resident”
(1) For the Act, section 4(1), definition of resident, paragraph (c), surviving partners are prescribed as a class of persons.(2) Subsection (1) does not apply to a surviving partner if compliance with the terms of a deceased resident’s will requires, whether directly or indirectly, the surviving partner to vacate the residential premises.Example—The deceased resident’s will might provide, for example, for a bequest of a sum of money that the deceased resident’s estate may raise only by delivering vacant possession of the residential premises to the operator of the village so as to obtain a refund of the deceased resident’s ingoing contribution.(3) In this section—surviving partner means a person who—(a) was the spouse or de facto partner of a resident of a retirement village immediately before the resident died or otherwise permanently vacated the premises, and(b) occupied residential premises in the retirement village with the resident, and(c) continues to occupy the premises.
9 Definition of “retirement village”
For the Act, section 5(3)(i), a retirement village does not include premises declared to be a facility under the Community Welfare Act 1987, section 3A.
Part 2 Representations and information
10 Representations in promotional material—the Act, s 17
(1) For the Act, section 17(5A), the following representations about a retirement village are prescribed—(a) a representation that a person is likely to make a capital gain when vacating the village,(b) a representation about variations to future recurrent charges, unless the village contract provides that recurrent charges must be varied in accordance with a fixed formula,(c) a representation about the future size of the village, except in relation to development where, at the time the representation is made—(i) construction is underway, and(ii) the completion date is known,(d) a representation about the future ownership of the village, except if—(i) a contract to transfer ownership of the village has been entered into, and(ii) the representation is made by giving details of the contract,(e) a representation that the village is an approved provider of residential care,(f) a representation that the residents of the village have priority access to residential care by an approved provider.(2) In this section—approved provider means a person approved under the Aged Care Quality and Safety Commission Act 2018 of the Commonwealth, section 63D to provide aged care.residential care means residential care under the Aged Care Act 1997 of the Commonwealth.Note—Schedule 9 includes rules about representations in promotional material.
11 General inquiry document—the Act, s 18(2)
A general inquiry document must—(a) be in the form published in Government Gazette No 315 of 1 August 2025, and(b) contain a copy of the village rules, and(c) contain a copy of the document Moving into a retirement village? prepared by the Department and published on a website of the Department.
12 Disclosure statement—the Act, s 18(3A)
(1) A disclosure statement must—(a) be in the form published in Government Gazette No 315 of 1 August 2025, and(b) include the average resident comparison figure (ARCF) for the premises, and(c) contain a copy of the village rules.(2) For this section, the ARCF is calculated in accordance with the following formula—%20AND%20(No%3D0436)%20AND%20(Year%3D2025)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)
where—RC means the total amount of recurrent charges payable under the village contract over 84 months.DF means the departure fee payable by the resident if the premises are permanently vacated after 84 months.CG means the capital gain payable to the operator by the resident after 84 months.(3) If the ARCF requires the calculation of an amount for the future value of the premises or the entry payment payable by the next resident, the amount must be calculated by varying the outgoing resident’s entry payment in accordance with the average annual change in the March quarterly variation for the preceding 10 years of whichever of the following indices published by the Australian Bureau of Statistics is applicable to the location of the premises—(a) Median Price of Established House Transfers (unstratified); Sydney index,(b) Median Price of Established House Transfers (unstratified); Rest of NSW index,(c) Median Price of Attached Dwelling Transfers (unstratified); Sydney index,(d) Median Price of Attached Dwelling Transfers (unstratified); Rest of NSW index.
13 Documents to be available to residents and prospective residents—the Act, s 20
For the Act, section 20(1)(k), the following documents are prescribed—(a) if the operator of the retirement village or the Residents Committee of the retirement village was a party in proceedings before a court or tribunal in the previous 5 years—a copy of the reasons for decision and the orders made at the conclusion of the proceedings,(b) if the operator of the retirement village keeps a waiting list for the village and charges a waiting list fee—the operator’s policy setting out the way the waiting list operates,(c) if the retirement village is subject to a company title scheme—(i) the company’s constitution, and(ii) the replaceable rules under the Corporations Act 2001 of the Commonwealth that apply to the company,(d) if the retirement village is subject to a community land scheme—(i) the management statement for the scheme, and(ii) a management agreement for 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 strata scheme—(i) the by-laws for the scheme, and(ii) a management agreement for 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) the documents listed under the heading “Village Contracts and Documents” in the disclosure statement for the retirement village against the item “other”,(g) for each insurance policy required under the Act, section 100 for the retirement village—(i) a certificate of currency, and(ii) policy documents that state the nature of the risk insured against and the amount insured,(h) the retirement village’s most recent safety inspection report,(i) a list of the currently available residential premises in the retirement village, including the following details for each of the premises—(i) the listed price of the premises,(ii) the size of the premises in square metres,(iii) the number of bedrooms in the premises,(j) the most recent capital maintenance report for the retirement village.
14 Safety inspection report to be available to residents—the Act, s 58A(2)(e)
The operator of a retirement village must make a copy of the most recent safety inspection report for the village available to a resident within 7 days after the resident requests a copy.
Part 3 Village contracts and village rules
15 Standard form of village contract—the Act, s 43(1)
(1) The standard form of village contract is the form set out in Schedule 1.(2) The standard form of village contract is prescribed for all village contracts other than the following—(a) a contract under which a resident of a retirement village only obtains the right to use a garage, parking space or storage room in the village,(b) a residence contract for premises subject to a community land scheme, company title scheme or strata scheme.Note—A service contract relating to premises referred to in subsection (2)(b) must be in the standard form of village contract.(3) If a contract is required to be in the standard form of village contract, the operator of a retirement village must use the standard form.Maximum penalty for subsection (3)—50 penalty units.
16 Current village contract information—the Act, s 69A
(1) For the Act, section 69A(7)(a)(viii), the following information is prescribed—(a) the rights of a resident under the Act, Part 10AA to the payment of the resident’s exit entitlement before the resident’s residential premises are sold,(b) information about the cessation of the resident’s liability to pay recurrent charges under the Act, section 152(2)(e).(2) In this section—exit entitlement has the same meaning as in the Act, section 182AA.
17 Matters to be excluded from village contract—the Act, s 42(1)
The matters in Schedule 5 must be excluded from a village contract.
18 Condition report—the Act, s 38
(1) The operator of a retirement village must ensure that a condition report is completed in accordance with this section.Maximum penalty—10 penalty units.(2) A condition report must be in the form set out in Schedule 2.(3) A condition report must be completed in the presence of the prospective resident or the prospective resident’s nominee, unless otherwise agreed to in writing by the prospective resident.(4) If a date required to be included in a condition report is not known, an approximate date must be given and identified as an approximate date.(5) The person completing a condition report must use due diligence to be satisfied that the report is accurate.(6) A prospective resident must be given not less than 14 days to consider a draft condition report and request changes to the report.(7) A finalised condition report must be signed by—(a) the operator of the retirement village, and(b) if the prospective resident agrees with the content of the report—the prospective resident or the prospective resident’s nominee.(8) A condition report must be finalised and given to a prospective resident, or the prospective resident’s nominee—(a) if the premises are under construction—not less than 14 days before the prospective resident occupies the premises, or(b) otherwise—not less than 14 days before the operator and the prospective resident enter into a village contract.
19 Maximum amount payable for legal and other expenses—the Act, s 31(3)
The maximum amount payable by a resident for legal and other expenses incurred by the operator in connection with the preparation of a village contract is $50.
20 Village rules—the Act, s 46(2)(i)
The following are prescribed as matters that may be dealt with in village rules—(a) security,(b) the external appearance of residents’ premises,(c) vehicle speed limits,(d) restrictions on the use of communal areas, including smoking,(e) the use of motorised mobility aids in communal areas.
Part 4 Meetings
21 Agenda for annual management meeting—the Act, s 72A(6)
The agenda for an annual management meeting must include items and time for the following matters—(a) a report on variations between actual expenditure and budgeted expenditure in the previous financial year, other than minor variations,(b) future plans for the village, including proposed improvements to buildings and other facilities in the village,(c) the management of the village, including changes or proposed changes to management arrangements,(d) safety issues, including—(i) changes to the security system or contract for the village, and(ii) changes to fire safety and other emergency management and prevention systems,(e) the asset management plan for the village,(f) changes to the proposed annual budget not requiring residents’ consent,(g) proposed capital works not notified in the annual budget,(h) proposed changes to the level of service provided to residents of the village,(i) questions, including questions from the floor.
22 Questions at annual management meeting—the Act, s 72B
(1) For the Act, section 72B(3)(b), the following are excluded matters—(a) the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator,(b) a matter that is unrelated to the operation of the village,(c) the sale of individual units in the retirement village,(d) contracts that are not publicly available,(e) if the operator of a retirement village is an organisation subject to a registered APP code or the Australian Privacy Principles under the Privacy Act 1988 of the Commonwealth—a matter that would result in the operator breaching the code or the principles.(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.
23 Appointment of proxy—the Act, s 77(2)
(1) The appointment of a proxy must be made in the form set out in Schedule 3.(2) For a meeting of residents, the appointment of a proxy is effective only if the properly completed appointment form is given to the chair of the meeting before the first vote is taken at the meeting.
Part 5 Financial management
Division 1 Preliminary
24 Definitions
In this part—major item of capital means an item of capital, including a shared item of capital, for which the operator of a retirement village is responsible that has a purchase price of $1,000 or more.remaining effective life, of a major item of capital, means the remaining period over which the item may reasonably be expected to be operational or used.means a major item of capital that is also used in the operation of another retirement village or a residential aged care facility.
Division 2 Annual budget
25 Matters that must be dealt with in proposed annual budget—the Act, s 112(3)(a)
(1) The following matters must be dealt with in the proposed annual budget for a retirement village—(a) total proposed expenditure,(b) the expected surplus or deficit,(c) recurrent charges and the method used to calculate the charges,(d) expected increases in recurrent charges, including—(i) increases calculated in line with a fixed formula, and(ii) increases arising under section 34,(e) the total expected income from recurrent charges,(f) the effect of an expected surplus or deficit on the village’s finances,(g) for each category of expenditure—(i) the proposed expenditure, and(ii) the proposed expenditure indicated in the approved annual budget for the current year, and(iii) the anticipated actual expenditure for the current year,(h) if an item of proposed or actual expenditure is an apportionment relating to more than one retirement village or business—the method of apportionment,(i) if one or more residents of the village are paying significantly higher recurrent charges than other residents, including because they receive optional services—the method of apportionment of the charges.(2) To avoid doubt, an operator must not, for subsection (1)(g), create a category of expenditure by grouping unrelated categories of expenditure together.(3) A proposed annual budget that includes costs associated with the operator’s head office, or other management and administration costs, must itemise—(a) the goods and services to which the costs relate, and(b) the approximate cost of each good or service, and(c) if the operator operates more than one retirement village or business—the method used to apportion the costs between the villages or businesses.(4) Despite subsection (3)(a), an annual budget may provide a breakdown of the goods and services to which the costs relate instead of an itemised list, but only if the operator gives an undertaking that an itemised list will be provided within 10 business days of a request for the itemised list being made by a resident of the village.
26 Capital maintenance report—the Act, s 112(3)(a)
(1) This section applies to a retirement village operator who is required, under the Act, section 98, to include information about capital maintenance in a proposed annual budget.(2) An operator must include with the proposed annual budget a capital maintenance report that includes the following, using information from the asset management plan prepared under section 35—(a) the dates proposed for the capital maintenance of each major item of capital during the budget year,(b) the amount of money in the capital works fund,(c) a summary of the capital maintenance of major items of capital proposed for the following 3 years, including a description of the type of maintenance proposed and the estimated cost of the maintenance,(d) a list of the major items of capital—(i) with 1 year or less of remaining effective life, or(ii) for items other than buildings—for which the accumulated cost of maintenance is 90% or more of the item’s purchase price,(e) for each major item of capital referred to in paragraph (d)—whether it is proposed to replace the item or continue to maintain the item.Note—The Act, section 4(1), definition of capital maintenance includes work carried out to repair or maintain an item of capital.
27 Information to accompany proposed annual budget—the Act, s 112(4)(e)
(1) The notice accompanying a proposed annual budget must state that—(a) the operator must provide information reasonably requested by the Residents Committee or, if there is no Residents Committee, a resident about proposed expenditure within 10 business days after the information is requested, and(b) the operator must not spend money received as recurrent charges unless provided for in the approved annual budget, except for—(i) minor variations, and(ii) other variations between items in the approved annual budget that do not reduce the level of services or increase total expenditure.(2) If recurrent charges have increased since the previous annual budget and the Act, section 106 applies to the increase, the notice accompanying a proposed annual budget must also state that—(a) the Act, section 112 requires the operator of the village to give each resident a proposed annual budget not less than 60 days before the commencement of the financial year, and(b) the Act, section 114 requires the residents to—(i) meet, consider and vote on the proposed annual budget, and(ii) advise the operator whether or not they consent to the proposed budget, and(iii) if the residents do not consent—specify the items in the proposed budget to which they object, and(c) unless the operator is advised of the residents’ consent to the proposed annual budget, the residents are taken to have refused consent.(3) If recurrent charges have not increased since the previous annual budget, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the recurrent charges have not been increased since the previous annual budget.(4) If recurrent charges have increased since the previous annual budget and the Act, section 106 does not apply because the increase is in accordance with a fixed formula in the village contract, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the increase in the recurrent charges is in accordance with the formula in the village contract.(5) If recurrent charges have increased since the previous annual budget and the Act, section 106 does not apply because the increase does not exceed the prescribed CPI variation, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the increase in the recurrent charges is not more than the increase in the Consumer Price Index.
28 Contingencies—the Act, s 115A
The maximum amount a proposed annual budget may allocate for contingencies is $1.
Division 3 Recurrent charges
29 Notice of variation by fixed formula—the Act, s 105
For the Act, section 105(2)(c), the following information is prescribed—(a) the fixed formula set out in the contract,(b) a demonstration, by an application of the formula, of the way in which the new recurrent charges have been calculated,(c) the following statement at the beginning of the notice—This is a notice of a variation of recurrent charges in accordance with a fixed formula.For more information about your rights and responsibilities under retirement village laws, contact NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20.
30 Notice of variation—no fixed formula and not exceeding CPI—the Act, s 105A
For the Act, section 105A(4)(c), a notice must include the following statement at the beginning of the notice—This is a notice of a variation of recurrent charges otherwise than in accordance with a fixed formula. The operator does not require the consent of residents as the increase does not exceed the increase in the Consumer Price Index (CPI) since the charges were last increased.For more information about your rights and responsibilities under retirement village laws, contact NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20.
31 Notice of variation—no fixed formula and exceeding CPI—the Act, s 106
For the Act, section 106(2)(e), a notice must include the following statement at the beginning of the notice—This is a notice of a variation of recurrent charges otherwise than in accordance with a fixed formula. The increase in recurrent charges—(a) exceeds the increase in the Consumer Price Index (CPI) since the recurrent charges were last increased, and(b) does not take effect until at least 60 days after the date of this notice, and(c) requires the consent of residents or an order of the Civil and Administrative Tribunal to take effect.For more information about your rights and responsibilities under retirement village laws, contact NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20.
32 Provision of information about variation of recurrent charges—the Act, s 107
(1) For the Act, section 107(6)(a), the prescribed period is 7 days after the information is first requested.(2) For the Act, section 107(6)(b), the following information is prescribed—(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 the sale of individual units in the retirement village,(d) information about contracts that is not publicly available,(e) if the operator of a retirement village is an organisation subject to a registered APP code or the Australian Privacy Principles under the Privacy Act 1988 of the Commonwealth—information that would result in the operator breaching the code or the principles.
33 Matters that must not be financed by recurrent charges—the Act, s 112(3)(b)
The following matters must not be financed by recurrent charges—(a) fees for membership of industrial or professional associations by the operator or an employee or agent of the operator,(b) fees for the operator’s membership of an industry association,(c) overseas travel by the operator or an employee or agent of the operator,(d) costs associated with marketing vacant premises in the retirement village, including the wages or salaries of persons involved in the marketing,(e) payroll tax, unless—(i) the wages paid by the operator for operating the retirement village to which the recurrent charges relate, including wages apportioned to the retirement village by the operator’s head office, are more than the threshold amount provided for in the Payroll Tax Act 2007, Schedule 1, clause 1, or(ii) before 1 March 2010, the residents of the retirement village consented to financing payroll tax by recurrent charges and the consent has not been withdrawn,(f) land tax,(g) gifts or donations,(h) costs associated with the operator’s head office, or other management and administration costs, unless the costs are associated with providing services to residents of the retirement village and are included in the annual budget in accordance with section 25(3),(i) more than 50% of an increase, from the previous year, in the experience premium component of the insurance premium payable by the operator for insurance under the Workers Compensation Act 1987,(j) if the retirement village is subject to a strata scheme—(i) costs associated with carrying out works or maintenance required to be carried out by the owners corporation, unless the operator is engaged by the owners corporation to carry out the work, or(ii) levies and other contributions payable by the operator of the retirement village under the Strata Schemes Management Act 2015 for the scheme, other than levies payable for premises occupied by a resident of the retirement village,(k) if the retirement village is subject to a community land scheme—(i) costs associated with carrying out works or maintenance required to be carried out by the community association, neighbourhood association or precinct association, unless the operator is engaged by the association to carry out the work, or(ii) levies and other contributions payable by the operator of the retirement village under the Community Land Management Act 2021 for the scheme, other than levies payable for premises occupied by a resident of the retirement village.
34 Increase in recurrent charges after former occupant’s liability to pay ceases—the Act, s 152
(1) For the Act, section 152(3), recurrent charges may be increased if—(a) the increase is part of the approved annual budget for the financial year immediately following the financial year in which the former occupant’s liability ceased, and(b) the approved annual budget specifies—(i) the way the increase was calculated, including the total number of former occupants whose liability to pay recurrent charges ceased in the financial year, and(ii) that the increase occurred in accordance with this section.(2) To avoid doubt, the Act, Part 7, Division 4 applies to an increase in the recurrent charges payable by residents of a retirement village under this section.
Division 4 Asset management plans—the Act, s 101A
35 Preparation and content of asset management plan
(1) The operator of a retirement village must, every 10 years, prepare an asset management plan for the retirement village.(2) An asset management plan must include—(a) for each major item of capital or group of major items of capital—the following information about capital maintenance financed from recurrent charges or the capital works fund over the period of the plan—(i) the estimated cost of the maintenance,(ii) the frequency of the maintenance or the planned dates of the maintenance, if known,(iii) a description of the planned work, and(b) for a major item of capital that is scheduled to be replaced—the estimated date of replacement, and(c) for a shared major item of capital—an estimate of the share of the maintenance costs attributable to the use of the item by the village, and(d) the asset register.(3) The operator of a retirement village must attach to the asset management plan for the village a report prepared by an independent qualified quantity surveyor attesting that the plan includes each matter specified in subsection (2).(4) An asset management plan must be regularly reviewed and updated, including by—(a) recording the following after each instance of maintenance work—(i) a description of the work,(ii) the dates on which the work occurred,(iii) the actual cost of the work,(iv) the accumulated cost of maintenance work on the item of capital expressed in dollar terms and as a percentage of the purchase price,(v) for a shared item of capital—the share of maintenance costs attributable to the use of the item by the village, and(b) recording the following after each instance of repair work—(i) a description of the work,(ii) the dates on which the work occurred,(iii) the actual cost of the work,(iv) the accumulated cost of repair work on the item of capital expressed in dollar terms and as a percentage of the purchase price, and(c) amending the plan for consistency with the operator’s capital maintenance report within 28 days after the annual budget for the village is approved.(5) For subsection (2), the operator of a retirement village may group major items of capital that—(a) are similar, and(b) have the same effective life and financial year of acquisition as each other.(6) In this section—independent qualified quantity surveyor means a quantity surveyor who—(a) is a member of the Australian Institute of Quantity Surveyors or the Royal Institution of Chartered Surveyors, and(b) does not have a pecuniary or other interest that could be reasonably regarded as capable of affecting the person’s ability to assess the asset management plan of the retirement village in good faith.
36 Revised asset management plans
(1) This section applies if, during the currency of an asset management plan, the operator of the retirement village becomes aware the total cost of capital maintenance for all major items of capital, including shared major items of capital, is likely to increase by 25% or more above the cost estimated at the beginning of the plan.(2) The operator of the retirement village must, as soon as reasonably practicable after becoming aware of the likely increase in capital maintenance costs—(a) revise the estimates of the capital maintenance costs in the plan, and(b) notify each resident of the retirement village that a copy of the revised asset management plan may be inspected at all reasonable times at the village or at a place of business in New South Wales nominated by the operator in the notice, and(c) attach to the revised plan a notice that contains the following—(i) a list of the major items of capital and shared major items of capital for which the estimate of capital maintenance costs has increased,(ii) the original and revised estimates of the capital maintenance costs for each item,(iii) the reasons for the change in the estimates.(3) For the Act, section 20(1)(k), a revised asset management plan is prescribed.(4) For this section, an increase in the cost of capital maintenance must be calculated net of increases in the Consumer Price Index published in each relevant year of the asset management plan.Example—If the Consumer Price Index has risen by 2.5% each year for the first 5 years of the asset management plan, the cost of maintenance could rise by 36.5% (24% + 12.5%) before the plan must be revised under this section.(5) This section applies to the revised asset management plan in the same way as it applies to the asset management plan as originally prepared except that the total cost of capital maintenance for all major items of capital is taken to be estimated as at the date on which the plan was revised.
37 Asset register
(1) The operator of a retirement village must keep a register (an asset register) of the major items of capital for the village.(2) An asset register must include the following details for each major item of capital—(a) a brief description of the item,(b) the purchase price,(c) the date of purchase,(d) the remaining effective life of the item,(e) the asset ID number of the item,(f) for a shared item of capital—the name of each other retirement village or aged care facility that uses the item.(3) An asset register must be regularly reviewed and updated, including by recording each new major item of capital within 21 days after purchase.
38 Determining remaining effective life of major item of capital
(1) The remaining effective life of a major item of capital may be—(a) estimated by the operator of the retirement village—(i) having regard to the reasonable wear and tear expected to result from the circumstances of the use of the major item of capital, and(ii) assuming that it will be maintained in reasonably good order and condition, and(iii) having regard to the period within which it is likely to be scrapped, sold for no more than scrap value or abandoned, or(b) determined as follows—(i) for an item, other than a motor vehicle or trailer, for which there is a description in the Commonwealth Taxation Ruling, Schedule, Table A or Table B—the number of years specified in column 2 opposite the description that corresponds to the item,(ii) for an item that is a motor vehicle or trailer for which there is a description in the Commonwealth Taxation Ruling, Schedule, Table B and a hash (#) symbol in column 3 opposite the item—the shorter period of—(A) the number of years specified in column 2 opposite the item, or(B) the number of years specified in the Income Tax Assessment Act 1997 of the Commonwealth, section 40-102(4), table, column 3.(2) When determining if there is a description in the Commonwealth Taxation Ruling, Schedule, Table A or Table B that corresponds to a major item of capital, the operator of a retirement village must follow the methodology set out in the ruling under the heading “How to use Tables A and B”.(3) The operator of a retirement village must keep information showing the way the remaining effective life of each major item of capital is calculated.(4) The operator of a retirement village who estimates the remaining effective life of a major item of capital in accordance with subsection (1)(a) must be able to demonstrate that the estimate is reasonable.(5) The operator of a retirement village must make the information kept under subsection (3) available to a resident within 7 days after the resident requests the information.(6) In this section—Commonwealth Taxation Ruling means TR 2022/1 Income tax: effective life of depreciating assets (applicable from 1 July 2022), being a public ruling made under the Taxation Administration Act 1953 of the Commonwealth, section 358-5, as amended or replaced from time to time.
Division 5 Miscellaneous financial matters
39 Interest
(1) For the Act, sections 24(4)(b), 43(8)(b), 180(4)(b) and (5)(b), 181(7)(b) and 182AK(3)(b), the prescribed rate of interest is the rate of interest prescribed under the Civil Procedure Act 2005, section 101.(2) For the Act, section 155(3), the prescribed maximum rate of interest is the rate of interest prescribed under the Civil Procedure Act 2005, section 101.
40 Holding of capital works fund—the Act, s 99(3)
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.
41 Use of money in capital works fund—the Act, s 99(5)(c)
The operator of a retirement village may use money from the capital works fund for a specific purpose if—(a) by special resolution, the residents of the village have given consent to the money being used for the purpose, and(b) the purpose is not a matter specified in the Act, section 97(3).Note—The Act, section 99(5)(a) and (b) set out other uses to which money in the capital works fund may be put.
42 Funding of capital maintenance—the Act, s 4(1), definition of “capital maintenance”
(1) This section applies only for the Act, section 99(5).(2) Capital maintenance does not include maintenance of a major item of capital if the item is not included in the asset register.
43 Display of audited accounts—the Act, s 119(7)(a)
If a retirement village does not have a Residents Committee, a copy of the audited accounts for the village must be displayed on an official notice board for at least 1 calendar month commencing not later than 4 calendar months after the end of the relevant financial year.
44 Making good of deficit—the Act, s 120C(3)(c)
(1) The operator of a retirement village may carry forward the part of a deficit that is caused by—(a) the maintenance, not the replacement, of an item of capital if the maintenance was to rectify a matter set out in the Act, section 92(2), or(b) an increase in the cost of one or more of the following—(i) utilities, other than telephone services,(ii) statutory charges, including rates and taxes,(iii) wages and salaries increased under an award or industrial agreement,(iv) a workers compensation premium payable by the operator for insurance under the Workers Compensation Act 1987,(v) public liability insurance.(2) Despite subsection (1)(b)(iv), an operator must not carry forward more than 50% of an increase in the experience premium component of the operator’s insurance premium under the Workers Compensation Act 1987.
Part 6 Payments if certain residential premises not sold
Division 1 Exit entitlement orders
45 Definition of “prescribed component”
For the Act, section 182AA, definition of prescribed component, the prescribed component of an exit entitlement is the entire exit entitlement other than the former occupant’s share, in accordance with the village contract, of a capital gain or capital loss.
46 Definition of “prescribed period”—the Act, s 182AB
For the Act, section 182AB(9), definition of prescribed period, paragraph (a), the following period is prescribed—(a) for a retirement village located in the Greater Sydney Region, the City of Newcastle local government area or the City of Wollongong local government area—6 months,(b) otherwise—12 months.
47 Secretary must consider unreasonable delay—the Act, s 182AC
(1) For the Act, section 182AC(3), the Secretary must consider the following matters—(a) whether the operator has taken reasonable steps to facilitate the sale of the premises and the time in which the steps were taken, including in relation to—(i) the carrying out of an inspection of the premises, and(ii) the refurbishment of the premises,(b) if the operator is appointed by the former occupant as a selling agent of the premises under the Act, section 168—(i) whether the operator complied with the operator’s requirements under that section within a reasonable time, and(ii) whether the operator arranged for an inspection of the premises for the purposes of the sale of the premises within a reasonable time,(c) whether the actions of the operator delayed access to the services of an Australian legal practitioner, licensed conveyancer or selling agent, as applicable, in relation to the sale of the premises,(d) whether the operator complied with other requirements imposed by or under the Act or this regulation in relation to the sale of the premises within a reasonable time.(2) In this section—refurbishment has the same meaning as in the Act, section 162.
48 Content of exit entitlement orders—the Act, s 182AD
For the Act, section 182AD(1)(f), the following information is prescribed—(a) the period of time the former occupant occupied the residential premises,(b) the ingoing contribution paid by the former occupant,(c) the departure fee payable by the former occupant,(d) the amount of capital gain the former occupant and the operator will each receive in relation to the premises, calculated on the basis of the agreed valuation of the former occupant’s exit entitlement,(e) the amount of capital loss the former occupant and the operator are each responsible for, calculated on the basis of the agreed valuation of the former occupant’s exit entitlement.
Division 2 Aged care facility payments
49 Records to be kept of accommodation payments—the Act, s 182AG(5)(a)
The operator of a retirement village who makes an accommodation payment must keep the following records—(a) the amount of each payment,(b) the date each payment was made,(c) details of the approved provider of the aged care facility to whom the payment is made,(d) if the operator ceases to be required to make accommodation payments on behalf of a former occupant—(i) the date on which the final accommodation payment was made, and(ii) details of the notices given under the Act, section 182AG(4)(a) and (b), including the dates on which the notices were given.
50 Information to be given to former occupant—the Act, s 182AG(5)(b)
The operator of a retirement village who makes an accommodation payment must give the former occupant a document with a summary of the payments—(a) within 6 months after the first payment is made, and(b) at least once every 6 months while the operator continues to make the payments.
Part 7 Applications to Tribunal
51 Time limits for applications to Tribunal—the Act, s 203(2)(a)
An application to the Tribunal—(a) if made under a provision of the Act specified in Schedule 6—must be made within the time limit specified for the provision in Schedule 6, or(b) otherwise—may be made at any time.Note—The Tribunal may, under the Civil and Administrative Tribunal Act 2013, section 41, extend the period of time for making an application.
52 Applications to Tribunal by Residents Committee—the Act, s 203(2)(b)
(1) The Residents Committee of a retirement village may apply to the Tribunal for an order for which a resident may apply—(a) on behalf of one or more residents of the village who request that the Committee make the application, or(b) on behalf of the residents of the village.(2) An application under subsection (1)(b) must not be made—(a) unless the consent of the residents is obtained by—(i) the proposal being put to a meeting of the residents, and(ii) the vote for the proposal being determined by a show of hands, or(b) on behalf of a resident who gives written notice to the Residents Committee that the resident does not wish to be a party to the proceedings.
53 Tribunal may determine respondent to application by operator—the Act, s 203(2)(c)
The Tribunal may order that the respondent to an application made by the operator of a retirement village is—(a) one or more specified residents of the village, or(b) all the residents of the village.
54 Tribunal may vary, stay or set aside order—the Act, s 128(1)(l)
The Tribunal may make an order to vary, stay or set aside a previous order made under the Act by the Tribunal.
55 Tribunal may make differential orders—the Act, s 128(1)(l)
(1) This section applies to an application—(a) 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) made by the operator of the village and to which 2 or more residents are the other parties.(2) The Tribunal may make an order of a kind referred to in the Act, section 128(1)(a)–(k1) that applies differently to different residents or groups of residents.
56 Residents may nominate representative—the Act, s 122
For the Act, section 122(2), a resident is the nominated representative for a dispute if—(a) each other resident who is a party to the dispute signs a statement to the effect that the resident named in the statement is the signatory’s representative, and(b) the nominated resident consents in writing to the nomination.
Part 8 Relevant village information—the Act, s 197B
57 Relevant village information to be given to Secretary
(1) For the Act, section 197B(1)(a), the operator of a retirement village must give the information set out in Schedule 7 (relevant village information) to the Secretary in the form approved by the Secretary—(a) when the village commences operation, and(b) within 1 month after the end of each financial year.Maximum penalty—(a) for a corporation—100 penalty units, or(b) otherwise—50 penalty units.(2) If the relevant village information for a village specified in Schedule 7 changes, the operator must give the Secretary the updated information within 21 days after the operator becomes aware of the change.Maximum penalty—(a) for a corporation—100 penalty units, or(b) otherwise—50 penalty units.
58 Publication of relevant village information
The Secretary may publish relevant village information on a website of the Department.
59 Exchange and sharing of relevant village information
The Secretary may exchange relevant village information with the Office of the Ageing and Disability Commissioner.
Part 9 Miscellaneous
60 Renovations and alteration of fixtures and fittings—the Act, s 41A
(1) For the Act, section 41A(7)(b), the following are prescribed—(a) making renovations to scheme premises, and(b) adding, removing or altering fixtures and fittings in scheme premises.(2) In this section—scheme premises means premises owned by a resident of a retirement village under one of the following—(a) a community land scheme,(b) a company title scheme,(c) a strata scheme.
61 Circumstances in which operator may enter premises—the Act, s 67
(1) For the Act, section 67(2)(g), the following circumstances are prescribed—(a) the Secretary has made an exit entitlement order under the Act, section 182AC for the former occupant of the premises,(b) entry is for facilitating the sale of the premises,(c) if the former occupant is a remaining former occupant—the remaining former occupant has given written consent.(2) In this section—remaining former occupant means a former occupant who—(a) has, under the Act, section 182AB(4)(c), given the operator written notice that the former occupant does not intend to move out of the former occupant’s residential premises while the premises are for sale, and(b) continues to occupy the premises on the date on which the operator proposes to enter the premises.
62 Liability of former occupant if village contract terminated during settling-in period—the Act, s 44B
(1) For the Act, section 44B(1)(d), the amount prescribed is the amount reasonably incurred by the operator of the retirement village in, at the resident’s request—(a) making renovations to the residential premises, or(b) adding, removing or altering fixtures or fittings in the residential premises.(2) For the Act, section 44B(4), the prescribed amount is $200.
63 Membership of Residents Committee—the Act, s 70A
(1) For the Act, section 70A(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 person is the only person standing for election to the office, or(b) the residents of the retirement village, by special resolution, consent to the person standing for election to the office.(2) In this section—office means the office of chairperson, secretary or treasurer.
64 Termination notice—the Act, s 131(2)
(1) A termination notice must be in the form set out in Schedule 4.(2) A termination notice must be given within 28 days before the application is made to the Tribunal.(3) Subsection (2) does not apply to an application for a termination order under the Act, section 136.
65 Protection of ingoing contributions—the Act, s 182A
For the Act, section 182A(1)(b), the prescribed amount is $10,000.
66 Service of documents—the Act, s 201
(1) For the Act, section 201(1)(c), a notice may be given to a resident of a retirement village by—(a) leaving the notice in a mailbox at the last known address of the resident, or(b) delivering the notice to the residential premises occupied by the resident and leaving it there with a person who is apparently at least 16 years of age, or(c) if the resident is a protected person—giving the notice to the NSW Trustee and Guardian, or(d) if the resident has a guardian—giving the notice to the resident’s guardian, or(e) if the resident is a protected person and has a guardian—giving the notice to both the NSW Trustee and Guardian and the resident’s guardian.(2) For the Act, section 201(2)(c), a notice may be given to the operator of a retirement village by—(a) leaving the notice in a mailbox at the last known address of the operator, or(b) giving the notice personally to an employee of the operator, or(c) if a receiver, a receiver and manager or an administrator has been appointed to the operator—giving the notice to the receiver, the receiver and manager or the administrator.(3) Subsections (1)(a) and (b) and (2) do not apply to a termination notice.(4) In this section—protected person has the same meaning as in the NSW Trustee and Guardian Act 2009, section 38.
67 Exempt contracts—the Act, s 203(4)
A village contract is exempt from the Act, section 152(2)(e) and Part 10AA if—(a) the retirement village to which the contract applies is held in trust by a trustee, and(b) the trustee holds each unit in the village in trust for the benefit of a resident.
68 Conduct of written ballot—the Act, Sch 1, cll 3 and 5
A written ballot must be conducted in accordance with Schedule 8, Part 3.
69 Rules of conduct for operators—the Act, s 83B
The rules of conduct set out in Schedule 9 are prescribed.
70 Penalty notices
(1) For the Act, section 184(2)—(a) each offence created by a provision specified in Schedule 10 is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) the limited kind of offence, or(b) an offence committed in the limited circumstances.
71 Savings
An act, matter or thing that, immediately before the repeal of the Retirement Villages Regulation 2017, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Standard form of village contract
section 15(1)
Standard Form Village Contract
Retirement Villages Act 1999, section 43
Village—
Operator(s)—
Resident 1—
Resident 2—
KEY TERMS
Operator(s)—
Name of Operator(s)—
[Where there is more than one operator, refer to the additional terms for the rights and responsibilities of each operator]
Address for service of notices—
Postcode—
Resident(s)—
Name of Resident 1—
Name of Resident 2—
Address for service of notices—
Postcode—
Where there is more than one resident, they are joint tenants unless a tenancy in common is indicated in the additional terms or in a separate contract (if applicable).
Your premises—
[Delete or cross out any of the below which do not apply]
Premises Number—
Title Details for Premises—
□ Folio ID—
□ Lease Folio ID—
□ Part of lot as set out in attached plan—
□ Shown in the plan memorandum registered no—
Title Details for Leasehold Village—
Trading Name of Village—
Address of Village—
Postcode—
What is included with your premises?
[Delete or cross out which of the below does not apply]
[Registered interest holders except registered long-term lessees] Your premises include—
[Non-Registered interest holders and registered long-term lessees] We grant you the right to occupy or use—
□ Garage (Number ..) □ Carport (Number ..) □ Parking Space (Number..)
□ Storage Area (Number..)
□ Furniture—
□ Other—
□ Attached list/plan
Is there a separate agreement dealing with any of the above inclusions?—Yes—[name of agreement]/No
Is an additional fee payable for any of the above inclusions?—Yes/No
Note—
If yes, the fee payable is set out in the Financial Terms of this agreement.
What is not included with your premises?
[Attach list if space is insufficient]
Fixtures/Fittings/Furnishings/Other—
Key dates—
Date you received a copy of this contract—
Date this contract is entered into—
Agreed date that you may occupy your premises [entry date]—[if known]
Date from which you must pay us recurrent charges—[if known]
Nature of residence right—
[Delete or cross out which of the below does not apply]
[Registered interest holders except registered long-term lessees] Your right to reside in your premises arises on the following basis and the provisions in this contract which apply to the residence right type ticked below will apply to you and us—
[Registered interest holders who are registered long-term lessees and non-registered interest holders] You do not own the premises. We grant you the right to occupy the premises on the following basis. The provisions in this contract which apply to the residence right type ticked below will apply to you and us—
□ Registered interest holder | □ Non-registered interest holder |
□ Owner of a lot in a strata scheme □ Owner of shares in a company title scheme □ Owner of a lot in a community land scheme □ Registered long-term lease with a term of— | Term [if any]— |
Does your residence right arise under an assignable lease? Yes □/No □
Registered interest holders—If the box is ticked indicating that you are a registered interest holder, you will not be a registered interest holder until, if the instrument under which you obtain your residence right requires registration, registration occurs (for example until your long-term lease has been registered) or you become the registered proprietor of the land.
□Contract subject to separate contract—If this box is ticked, this contract will not apply until you have acquired the premises (or, for company title, the shares which entitle you to occupy the premises) under a separate contract.
Note—
If this box is ticked, title to the premises is proposed to be conveyed under a separate contract and nothing in this contract constitutes a warranty or representation by us that you will obtain title to the premises or any inclusions.
Additional terms—
Additional terms may be added to the standard terms prescribed under the retirement village laws at the end of the contract.
Retirement village laws—
This contract is subject to the provisions of the retirement village laws. For information on your rights and responsibilities under the retirement village laws, contact NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20.
Terms in italics are defined in clause 1.2 of this contract.
FINANCIAL TERMS
Note—
The additional terms may set out more detail about the entry payment and other amounts payable as detailed below and, where there is more than one operator, the additional terms may specify which operator is to receive or make a payment.
A Entry payment
Are you required to pay an entry payment? Yes [continue to the remainder of item A]/No [delete or cross out the remainder of item A]
You must pay an entry payment in total of $..as your—
□ Ingoing contribution
□ Purchase price
□ Assignment fee
[Delete or cross out the below if the ingoing contribution is not divided into components]
Where an ingoing contribution is payable, it consists of the following components—
□ Loan $
□ Lease premium $
□ Prepaid rent $
□ Other $
The waiting list fee of $.. and/or the holding deposit of $.. which you have already paid will form part of this amount. [Delete or cross out if not applicable]
When is the full entry payment due?
Can the entry payment be paid in instalments? Yes [refer to additional terms for payment frequency/dates]/No
Is any of the entry payment non-refundable? Yes ($..)/No
Is any interest payable if the entry payment is not paid by the date due? Yes (see additional terms)/No
[Delete or cross out the below if no separate additional fee applies for any inclusions]
In addition to the entry payment, you must pay the following fees for the inclusions detailed in the Key Terms—
Parking Space $ | Garage $ |
Carport $ | Storage Area $ |
Furniture $ | Other $ |
B Deposit
Are you required to pay a deposit on signing this contract? Yes ($..)/No
C Legal and other expenses payable on entry
You must pay to us on entry the following legal and other expenses incurred in connection with the preparation of this contract—(maximum $50)
□ Contribution to our legal expenses incurred in preparing this contract $
□ Other expenses [specify]
You must pay the following charges to third parties—
□ Lease registration fee $
□ Other [specify]
[If “Contract subject to separate contract” box is ticked (delete or cross out if not applicable)]
Additional fees may be payable under the separate contract you have entered into to acquire the premises (or, for company title, the shares which entitle you to occupy the premises).
D Recurrent charges
You must pay to us recurrent charges as follows—
Current frequency of payment—□ Weekly □ Fortnightly □ Monthly □ Other—
Current rate of recurrent charges for your premises— $.. per ..
This amount includes $.. as recurrent charges for general services as well as recurrent charges for optional services as detailed in item F. [Delete or cross out if no optional services are included in item F]
You may also need to pay levies to the owners corporation (for strata schemes), community association (for community land schemes) or company (for company title). The amount of the levies for your premises as at the date of this contract is $.. per ..
E Variation of recurrent charges
We may vary your recurrent charges as follows—
Method of variation [choose 1 method only] | |
□Fixed formula | □Non-fixed formula |
Your recurrent charges will be varied in accordance with— □ variation in CPI □ variations in (single/couple) [delete or cross out whichever is not applicable] age pension □ other [specify] After the first variation, variations will occur every— The new amount of the recurrent charges will not take effect earlier than 14 days after we have given you notice of the new amount. | We may vary the amount of recurrent charges payable from time to time (no more than once in a 12-month period)— (a) by giving you 14 days notice in writing, if the increase does not exceed the variation in CPI, or (b) by giving you at least 60 days notice in writing and seeking and obtaining the consent of residents affected by the proposed increase or an order of the Tribunal, if the increase exceeds the variation in CPI. |
F Optional services
Do your recurrent charges include optional services? (Optional services may include, for example, meals, laundry services and home cleaning.) Yes/No
If yes, at the time of entry, the amount of recurrent charges attributable to the provision of optional services is $.. This amount may change in the future.
G Capital gains and losses
If you are entitled to a percentage of a capital gain, or are responsible for a percentage of a capital loss, this may form part of the termination payment calculated in accordance with item I.
Capital gain/capital loss structure | ||
Are you entitled to a percentage of any capital gain? | Yes (..%)/No | |
Are you responsible for a percentage of any capital loss? | Yes (..%)/No | |
□ | Different capital gain/capital loss structure [delete or cross out if not applicable] [insert full details if the calculation does not fit within the above structure]— |
H Departure fee
Does a departure fee form part of the payment on termination of this contract? Yes [continue to the remainder of item H]/No [delete or cross out remainder of item H]
If yes, this may form part of the termination payment calculated in accordance with item I. The departure fee is calculated on a daily basis (but does not accrue and is not payable on a daily basis). The box below shows you how your departure fee is calculated—
What is the departure fee % based on? □ the entry payment□ the new entry payment □ other (provide details)— | |||
Departure fee structure | |||
Time Years.. to .. (inclusive) Years.. to .. (inclusive) Years.. to .. (inclusive) | Percentage ..% per year ..% per year ..% per year | The maximum departure fee percentage you will pay is ..% if the period between the entry date and the date you permanently vacate is ..years or more. | |
□ | Different departure fee structure [delete or cross out if not applicable] [insert full details if the departure fee is not the above structure]— | ||
I Calculation of payment on or before termination of residence right
[Delete or cross out which of the below does not apply]
[Registered interest holders except non-assignable registered long-term lessees]
We are not required to make any payments to you when your residence right is terminated. You are responsible for selling your premises and receiving the new entry payment from the person who buys your premises or your leasehold interest.
However, if we are required to pay you any part of your exit entitlement in accordance with an exit entitlement order under the retirement village laws—
(a) we must pay you the exit entitlement before your residence right is terminated or as otherwise provided by the exit entitlement order, and
(b) if you are required to pay us your share of any capital loss—we may set off and deduct your share of the capital loss from the exit entitlement we pay you before your residence right is terminated or as otherwise provided by the exit entitlement order.
[Non-registered interest holders and non-assignable registered long-term lessees]
The amount payable on termination is calculated as follows—
□ | Payment on termination calculation After termination of this contract (refer to item J for specific detail about timing not otherwise addressed by this item)— 1 We will repay you the— 2 We will pay you— 3 You must pay us (or we may set off and deduct from the amounts we must pay you described in 1 and 2 above)— |
□ | Different payment on termination calculation [delete or cross out if not applicable] [insert full details if the calculation does not fit within the above structure]— Despite this item and item J, if we are required to pay you any part of your exit entitlement in accordance with an exit entitlement order under the retirement village laws— (a) we must pay you the exit entitlement before your residence right is terminated or as otherwise provided by the exit entitlement order, and (b) if you are required to pay us your share of any capital loss—we may set off and deduct your share of the capital loss from the exit entitlement we pay you before your residence right is terminated or as otherwise provided by the exit entitlement order. |
[Items J and M below are for registered interest holders. Items K and L below are for registered interest holders and non-registered interest holders. Cross out if not applicable.]
J Timing for payment on termination of your residence right
[Delete or cross out which of the below does not apply]
[Non-assignable registered long-term lessees]
□ We must pay you the amount of your payment on termination of your residence right within 14 days after the date on which we receive full payment of the new entry payment except where we are required to pay you earlier under the retirement village laws.
□ Different timing for payment [delete or cross out if not applicable] [insert full details if liability to make termination payment is to be made at a time that is earlier than that described above or in the retirement village laws]
If more than one resident is a party to this contract, a payment will only be made after all residents have permanently vacated your premises.
[Registered interest holders except non-assignable registered long-term lessees]
You are responsible for obtaining the new entry payment from the person who buys your premises or leasehold interest.
K Liability for recurrent charges for optional services on termination
If you move out of your premises, your liability to pay recurrent charges for optional services ceases from the date you move out. If you die, your liability ends from the date we are notified. However, you will be liable for services provided before that date.
L Liability for recurrent charges for general services on permanent vacation of residential premises
□ Except as otherwise provided by the retirement village laws, you must pay on and from the date you permanently vacate your residential premises—(a) the full rate for general services until whichever of the following occurs first—(i) a new resident enters into a contract with us to occupy the premises or moves into the premises,(ii) a person takes up residence in the premises with the consent of the operator,(iii) you permanently vacate the premises after receiving notice of our intention to apply to the Tribunal for an order terminating this contract,(iv) if we buy the premises from you—the contracts for the purchase are exchanged, or(b) for non-registered interest holders and registered interest holders referred to in the Act, section 7(1)(c)—the full rate for general services until whichever of the following occurs first—(i) a circumstance referred to in paragraph (a)(i)–(iv) occurs,(ii) 42 days immediately after the date on which you permanently vacate the premises have passed.
□ Different provision [delete or cross out if not applicable] [insert full details if the liability to pay recurrent charges is to cease at a time that is earlier than that described in the above provision]
Note—
This provision does not affect any levies payable by you under a strata scheme, company title or a community land scheme [delete or cross out if not applicable].
M Costs of sale
If you appoint a person other than us or a person chosen by us as a selling agent, you must pay the selling agent’s commission (if any) in full.
All other costs of sale, including commission if you appoint us or our nominee as your agent, are to be shared between you and us in the same proportion as our respective capital gain percentage.
[Item N below is for non-registered interest holders. Cross out if not applicable.]
N Timing for payment on termination of your residence right
□ We must pay you the amount of your payment on termination of your residence right—(a) within 14 days after the date on which we receive full payment of the new entry payment, or(b) within 14 days after the date on which an incoming resident takes up residence in your premises with our consent, orwhichever occurs first, except where we are required to pay you earlier under the retirement village laws.(c) within 6 months after the date you permanently vacate your premises,
□ Different timing for payment [delete or cross out if not applicable] [insert full details if liability to make termination payment is to be made at a time that is earlier than that described above or in the retirement village laws]
If more than one resident is a party to this contract, a payment will only be made after all residents have permanently vacated your premises.
GENERAL TERMS
1 INTERPRETATION AND DEFINITIONS
1.1 Interpretation
(a) Except as otherwise provided for in the additional terms—(i) when the words “you” or “your” appear in this contract, it refers to the Resident and includes the Resident’s executors or administrators but only to the extent necessary to enable them to discharge their duties, and(ii) where the Resident is more than one person, the words “you” or “your” apply jointly to the Residents and to each of them.
(b) When this contract uses the words “we”, “us” or “our”, it refers to the Operator and, where the context allows, its employees and agents. If there is more than one Operator, use of the word “we”, “us” or “our” does not of itself imply any relationship between any of those Operators, such as a partnership. The relationship of the Operators to each other, and certain rights and obligations between each of them and you, may be set out in the additional terms.
(c) Expressions which are not defined in this contract but which have a defined meaning in the retirement village laws have the same meaning in this contract.
(d) Headings are for convenience only and do not form part of this contract or affect its interpretation.
(e) Unless expressly stated otherwise in this contract—(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day, and(ii) if the last day of a period of time prescribed or allowed by this contract for the doing of any thing falls on a day which is not a business day, the thing may be done on the first business day following that day.
(f) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(g) The meaning of any general language is not restricted by any accompanying example, and the words “includes”, “including”, “such as” and “for example” or similar words are not words of limitation.
1.2 Definitions
business day means a day in New South Wales that is not—
(a) a Saturday or Sunday, or
(b) a public holiday or bank holiday.
entry payment means the amount of the purchase price, ingoing contribution or assignment fee payable by you as set out in the Financial Terms section of this contract.
item of capital means any building or structure in the village; any plant, machinery or equipment used in the operation of the village; any part of the infrastructure of the village; fixtures (for example, benches, built-in cupboards, floor coverings, hot-water systems and stoves); fittings (for example, light fittings, taps and sanitary fittings); furnishings (for example, curtains and blinds); and non-fixed items (for example, whitegoods, portable air conditioners, fans, tables and chairs).
new entry payment means the amount provided by the next resident in connection with your premises after you leave.
non-registered interest holder means a resident who is not a registered interest holder.
permanently vacate means the occurrence of one of the following—
(a) you (or a person on your behalf) delivers up vacant possession of your premises to us following your vacation of the premises,
(b) the executor or administrator of your estate delivers up vacant possession of your premises to us following your death,
(c) the Tribunal makes an order declaring that your premises were abandoned by you (and you are taken to have permanently vacated your premises on the day specified in the order),
(d) if you are a registered interest holder—you die or move out of your premises,
(e) if the residence right for your premises was obtained by another person for the purpose of allowing you to live at your premises, or by a corporation, and you live at your premises with the other person’s or the corporation’s consent—when you die or move out of the premises.
registered interest holder means a resident who—
(a) is the registered proprietor of the premises, or
(b) is the owner of a lot in a strata scheme, or
(c) is the proprietor of a lot in a community land scheme, or
(d) is the owner of shares in a company title scheme for the premises, or
(e) has a registered long-term lease that includes a provision that entitles the resident to at least 50% of any capital gain.
registered long-term lease means a lease registered under the Real Property Act 1900 that has a term of at least 50 years (including an option to renew) or is for the life of the lessee.
required services and facilities—see clause 5.1.
rescission notice means a notice given by you or your legal representative that says that you rescind this contract.
retirement village laws means the following, as amended or substituted from time to time—
(a) the Retirement Villages Act 1999,
(b) the Retirement Villages Regulation 2025.
settling-in period means the period between the date of this contract and the later of the following—
(a) 90 days after the date on which you are entitled to occupy your premises under this contract (or other relevant contract which is a residence contract for the purposes of the retirement village laws),
(b) if you occupy the premises before you are entitled to do so under the contract described in paragraph (a)—90 days after you first occupy your premises,
(c) another date that we may agree with you in writing.
Tribunal means the Civil and Administrative Tribunal of New South Wales.
variation in CPI means the difference between—
(a) the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics most recently before the recurrent charges were last varied or, if the recurrent charges have never been varied, as published 12 months prior to paragraph (b), and
(b) the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics most recently before the written notice of the proposed variation is given.
2 COOLING-OFF PERIOD
2.1 What is your right to terminate during the cooling-off period?
Before midnight on the seventh business day after the date you gave us a signed copy of this contract, you are able to rescind this contract by giving us a rescission notice. You waive the right to rescind if you move into your premises.
2.2 What will we pay you if you terminate this contract during the cooling-off period?
If you rescind this contract during the cooling-off period, then this contract becomes void and we must repay you all money that has been paid to us under this contract by you as soon as is reasonably practicable (and no later than 1 month) after you give us the rescission notice.
3 SETTLING-IN PERIOD
3.1 What is your right to terminate during the settling-in period?
[Delete or cross out which of the below does not apply]
[All residence right types except registered interest holders where right to occupy the premises arises under a contract other than this contract (such as a contract for sale of land)]
You may terminate this contract during the settling-in period by permanently vacating your premises.
[Registered interest holders where right to occupy the premises arises under a contract other than this contract (such as a contract for sale of land)]
You may terminate this contract during the settling-in period by—
(a) permanently vacating your premises, or
(b) giving us written notice during the settling-in period that you want to terminate this contract for any reason.
3.2 What will we charge you if you terminate during the settling-in period?
[All residence right types]
If you terminate this contract during the settling-in period, we may only charge you the following—
(a) the fair market rent, but only if you have occupied your premises,
(b) the reasonable costs incurred by us in adding, removing or altering any fixtures or fittings, or making any renovations to your premises at your request, but only if you have occupied your premises,
(c) an administration fee of not more than $200,
[Residents where the right to occupy the premises arises under this contract (delete or cross out if not applicable)]
(d) the cost of any repairs for damage to your premises in excess of fair wear and tear.
3.3 What are we required to pay you?
[Delete or cross out which of the below does not apply]
[Non-registered interest holders and registered long-term lessees]
If you terminate the contract within the settling-in period, we must refund the entry payment and any recurrent charges you paid us.
[Registered interest holders except registered long-term lessees]
If you terminate the contract within the settling-in period, we must refund the proceeds of the sale to which you are entitled under this contract and any recurrent charges you paid us.
3.4 When are we required to pay you?
[Delete or cross out which of the below does not apply]
[Non-registered interest holders]
We must pay you the amount you are entitled to under clause 3.3 within 14 days after you terminate this contract or within such time as the Tribunal may order.
[Registered interest holders]
We must pay you the amount you are entitled to under clause 3.3 within 14 days after the date on which we receive full payment of the new entry payment, except where we are required to pay you earlier under the retirement village laws.
4 DISCLOSURE STATEMENT
4.1 What if this contract is inconsistent with the disclosure statement?
If any term of this contract (other than those which have been prescribed in the retirement village laws) is inconsistent, to your detriment, with the disclosure statement provided to you in accordance with the retirement village laws, this contract is to be interpreted (as far as practicable) as if it contained the information in the disclosure statement instead of the inconsistent term.
4.2 Can you terminate if the disclosure statement is false or misleading?
If the information in the disclosure statement is false or misleading in a material particular, you may apply to the Tribunal within 3 months of commencing occupation of your premises for an order allowing you to rescind this contract.
5 SERVICES AND FACILITIES
5.1 Meaning of required services and facilities
We must provide you with a particular service or facility which we are required to provide to the residents for the life of the village in accordance with the terms of our development consent (required services and facilities).
5.2 Can we change the services and facilities?
Other than the required services and facilities, we may add a new service or facility or reduce, withdraw or otherwise vary the services and facilities if residents pass the change by special resolution in accordance with the retirement village laws.
5.3 What optional services will we provide you?
A list of optional services is included in the list of services and facilities annexed to this contract. Unless Item F in the Financial Terms section indicates that recurrent charges include optional services, payment for these services and facilities is on a user-pays basis.
6 ALTERATIONS AND ADDITIONS
6.1 Can you alter or renovate your premises?
[Delete or cross out which of the below does not apply]
[Non-registered interest holders and registered long-term lessees]
(a) You may add, remove or alter any fixtures and fittings, or renovate your premises, but only with our prior written approval, which we will not unreasonably refuse. We may include reasonable conditions in our consent. If we do not consent to your proposal, you may apply to the Tribunal to seek an order allowing you to proceed with your proposal.
(b) Despite paragraph (a), our consent is not required to remove or alter any fixtures or fittings that were added by you unless the removal or alteration of the fixtures or fittings is likely to cause significant damage to the premises.
[All other registered interest holders]
You may add, remove or alter any fixtures and fittings, or renovate your premises, provided that you obtain any other necessary consent required from any authority such as the local council or the owners corporation (for strata schemes), company (for company title) or community association (for community land schemes).
7 REPAIRS, MAINTENANCE AND CAPITAL REPLACEMENT
7.1 Can you request repairs?
You may request us to carry out necessary repairs and maintenance to your premises if we are responsible for those repairs and maintenance under the retirement village laws or the terms of this contract.
7.2 What repairs and maintenance are we responsible for?
Subject to clause 7.3, we must maintain each item of capital for which we are responsible in a reasonable condition, having regard to the following—
(a) the age of the item,
(b) the prospective life of the item,
(c) the money paid to us by the residents under a village contract (including entry payments),
(d) the amount of money available to be used for the purpose of maintenance in accordance with the approved annual budget for recurrent charges.
7.3 What repairs and maintenance are we not responsible for?
We are not responsible for items of capital that—
(a) you own, or
(b) require repair because of damage (fair wear and tear excepted) caused by you or a person that you invited to the village, or
(c) are association property under a community land scheme, or
(d) are common property under a strata scheme.
7.4 What general obligations do you have in relation to repairs and maintenance?
(a) You must notify us of the need for maintenance to be carried out on, or the replacement of, an item of capital for which we are responsible and that is located within your premises as soon as you become aware of the need for the maintenance or replacement of the item.
(b) You must reimburse us for damage (other than fair wear and tear) caused by you or a person you invited to the village to an item of capital for which we are responsible.
(c) You must not hinder or obstruct us or a person authorised by us from carrying out capital maintenance or capital replacement for an item of capital for which we are responsible.
7.5 Who is responsible for the replacement of items of capital?
We must bear the cost of capital replacement for an item of capital for which we are responsible under the retirement village laws.
8 OPERATOR’S ACCESS TO PREMISES
8.1 When may we access the premises?
[All residence right types]
We (or anyone authorised by us) may access your premises at any reasonable time in the following circumstances—
(a) if you consent,
(b) in an emergency or if we have reasonable cause for concern about the health or safety of a person that we believe is on your premises,
(c) to carry out urgent repairs,
(d) to carry out general maintenance, but only if we have given you 7 days notice,
(e) if the Tribunal orders you to give us access,
(f) in any other circumstances that may be prescribed from time to time under the retirement village laws,
[Non-registered interest holders (delete or cross out if not applicable)]
(g) to carry out a general inspection of your premises, but only if—(i) we have given you 7 days notice, and(ii) a general inspection has not been carried out more than once in the immediately preceding 12 months.
9 VILLAGE RULES
9.1 How do the village rules apply?
If there are village rules—
(a) you must comply with the village rules and use your best endeavours to ensure compliance with the village rules by any person who is lawfully in your premises or who you invite to the village, and
(b) we must comply with the village rules and use our best endeavours to ensure compliance with the village rules by our residents, tenants, employees and any other person we invite to the village.
9.2 What if a village rule is inconsistent with this contract?
If a village rule is consistent with the retirement village laws but inconsistent with a term of this contract, the village rule prevails to the extent of the inconsistency.
10 GENERAL BEHAVIOUR OF OPERATOR AND RESIDENT
10.1 What are your general obligations?
You must—
(a) not interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of another resident, and
(b) respect our rights and the rights of our agents and employees to work in an environment free from harassment or intimidation, and
(c) not act in a manner that adversely affects the health and safety of persons working in the village.
10.2 What are our general obligations?
We must—
(a) not interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of a resident, and
(b) take all reasonable steps to ensure that all residents meet their obligations under their contracts, the village rules and the retirement village laws, so that a resident does not unreasonably interfere with the peace, comfort and quiet enjoyment of other residents, and
(c) not interfere with the right of any resident to autonomy over the resident’s personal, financial and other matters and over the resident’s possessions, and
(d) not inhibit any resident from exercising self-reliance in matters relating to the resident’s personal, domestic and financial affairs, and
(e) use our best endeavours to ensure that each resident lives in an environment free from harassment and intimidation.
11 TERMINATION
11.1 When does your right to occupy your premises end?
[Delete or cross out which of the below does not apply]
[Non-registered interest holders and non-assignable registered long-term lessees]
This contract terminates and your right to occupy your premises ends on the earliest of the following dates—
(a) the date on which you permanently vacate your premises,
(b) the date of disclaimer (for example, if we accept your renunciation of this contract),
(c) the date of the death of the last surviving resident under this contract,
(d) the date specified by the Tribunal,
(e) if we give you a notice that we are terminating this contract because it has been frustrated (for example, because the premises become uninhabitable)—the eighth day after the date specified in the notice,
(f) for non-assignable registered long-term lessees—if an exit entitlement order is made by the Secretary in relation to your premises—the date on which we pay you the amount required under the order,
(g) any earlier date of termination specified in the additional terms.
[Registered interest holders (other than registered long-term lessees)]
This contract terminates and your right to occupy your premises ends on completion of the sale of your premises.
[Assignable registered long-term lease]
Your right to occupy your premises ends on the assignment of your lease.
11.2 When can we terminate this contract?
[Delete or cross out if registered interest holder (other than registered long-term lessee)]
(a) We can only terminate this contract, for any of the following reasons, if we obtain a decision from the Tribunal to allow the termination—(i) on the grounds of your physical or mental incapacity,(ii) for breach of contract or a village rule,(iii) if you are causing serious injury or damage to a part of the village, our employees or another resident,(iv) for upgrade or change of use of the village.
(b) We may give you a notice of termination if this contract has been frustrated (that is, if your premises are, otherwise than as a result of a breach of this contract, destroyed or rendered wholly or partly uninhabitable or cease to be lawfully usable for the purpose of a residence or are appropriated or acquired by any authority by compulsory process). You may seek an order of the Tribunal preventing the termination of the contract on this basis if you consider that the premises have not been rendered wholly or partly uninhabitable (as the case may be).
12 FINDING A NEW RESIDENT WHEN YOU LEAVE
12.1 Who sets the asking new entry payment?
[Delete or cross out which of the below does not apply]
[Non-registered interest holders]
Unless the additional terms provide otherwise, the amount we ask the next resident to pay as a new entry payment will be determined by us, we may appoint an agent of our choice, and the process of finding a new resident for your premises will be handled by us.
[Registered interest holders]
You may set the asking new entry payment and, if you do, you must notify us as soon as reasonably practicable of—
(a) the amount you set as the asking new entry payment, and
(b) any changes you make to the amount you have set as the asking new entry payment.
12.2 Are you entitled to appoint a selling agent of your choice?
You may appoint a selling agent of your choice provided that the selling agent is licensed as a real estate agent in New South Wales if required by law. You may appoint us if we are eligible to be appointed.
13 ASSIGNMENT AND SUBLETTING YOUR PREMISES
13.1 Can you assign this contract?
[Delete or cross out which of the below does not apply]
[Assignable leases]
You may assign your contract by completing a deed of assignment and consent with the new resident(s) and us and a transfer of lease with the new resident(s).
[All residence right types except assignable leases]
You may not assign this contract without notifying us and obtaining our consent.
13.2 Can you sublet your premises?
[Delete or cross out which of the below does not apply]
[Registered interest holders]
(a) You may let or sublet your premises under a residential tenancy agreement provided that—(i) the tenant is a retired person who is eligible under the retirement village laws to move into a retirement village, and(ii) the term, together with any option to renew, is not more than 3 years, and(iii) you have given us written particulars of—(A) the name and age of the proposed tenant or subtenant, and(B) the term of the proposed residential tenancy agreement, and(C) other matters in relation to the proposed agreement as we may reasonably require, and(iv) we have consented in writing to the residential tenancy agreement.
(b) We must apply for an order of the Tribunal if we refuse to give you consent.
[Non-registered interest holders]
You agree that you may not assign, sublet or let others move in to your premises without notifying us and obtaining our consent. This does not apply to temporary visitors and guests.
14 TEMPORARY ABSENCE
14.1 What happens if you are temporarily absent from your premises?
If you plan to be away from the village for more than 28 days, you must let us know. You will not be liable to pay recurrent charges for optional services for the days you are away after 28 days of absence.
15 CONDITION OF PREMISES ON TERMINATION
15.1 In what condition must you leave the premises?
[Delete or cross out which of the below does not apply]
[Registered interest holders]
You are not liable to pay for the cost of any improvement to your premises in excess of that required to reinstate your premises to the condition the premises were in when you commenced occupation (fair wear and tear excepted).
[Non-registered interest holders]
(a) You must leave your premises as nearly as possible in the same condition (fair wear and tear excepted) as set out in the annexed condition report, allowing (subject to the reasonable conditions of our consent) for any renovations or alterations to fixtures or fittings made with our consent. If you do not, we may require you to bear the cost of any repairs required.
(b) You are not required to refurbish your premises or pay for the cost of any improvement to your premises in excess of that required to reinstate your premises to the condition the premises were in (fair wear and tear excepted) at your entry date.
16 NOTICES
16.1 How are notices given and received?
(a) A notice or other document given to you under this contract may be given—(i) by delivering it personally to you, by sending it by post to the residential premises occupied by you and addressed to you, or in such other manner as may be approved by the Tribunal, and(ii) provided that it is not a termination notice, by leaving it in the mailbox at your last known address (rather than sending by post), sending it to the email address you have provided or giving it to any person apparently at or above the age of 16 years at your residential premises in the retirement village.
(b) A notice or other document given to us under this contract may be given—(i) by delivering it personally to us, by sending it by post to our usual place of business, or in such other manner as may be approved by the Tribunal, and(ii) provided that it is not a termination notice, by leaving it in the mailbox at our last known address (rather than sending by post), sending it to our email address or giving it to one of our employees.
(c) The retirement village laws set out the specific requirements for the giving of notices to protected persons within the meaning of the NSW Trustee and Guardian Act 2009 and to operators in receivership or administration, and those requirements also apply to this contract.
(d) A notice given to a person in accordance with this clause is treated as having been given and received—(i) if delivered in person, by hand or by email—on the day of delivery, or(ii) if sent by post (unless evidence sufficient to raise doubt is adduced to the contrary)—on the second business day after it was posted, or(iii) if given in a manner approved by the Tribunal—when the Tribunal deems it to have been given and received.
(e) A party may change its address for service by giving notice of that change to each other party.
(f) A notice given to a person you have appointed as your agent to receive notices in accordance with the retirement village laws will be deemed to have been given to you if given in accordance with this clause.
17 CHANGES IN CONTRACT
17.1 Can our rights and your rights under this contract be changed?
(a) You are not obliged to agree to amend or terminate this contract and enter into a new one because of changes in legislation (unless the legislation requires the amendment or termination) or for any other reason.
(b) If we propose a change to this contract, we must pay reasonable costs for a legal practitioner of your choosing to explain the proposed change to you and to provide a certificate in accordance with the requirements of the retirement village laws.
(c) Your rights and responsibilities and our rights and responsibilities under this contract may change if the retirement village laws are amended.
18 DISPUTE RESOLUTION
18.1 How are disputes resolved?
If a dispute arises between you and us or between you and another resident, we encourage you to notify us so we can try to resolve it but you do not have to do so if you do not wish to. If there is a dispute, you may, without prior notice to us—
(a) seek information from NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20, or
(b) apply to the Tribunal for an order to be made under the retirement village laws.
18.2 Where can you get information if you have a dispute?
If a dispute arises, you may seek information from NSW Fair Trading by visiting www.fairtrading.nsw.gov.au or calling 13 32 20.
ADDITIONAL TERMS
NOTE—
ANY ADDITIONAL TERMS ARE NOT REQUIRED BY LAW AND ARE NEGOTIABLE BEFORE YOU SIGN THIS CONTRACT.
Additional terms may be inserted here, but only if—
(a) they do not contravene the retirement village laws or any other law, and
(b) they are not inconsistent with the standard terms prescribed under the retirement village laws.
ANNEXURES
The following documents are annexed to this contract [tick applicable documents]—
□ a copy of the disclosure statement that we gave you (mandatory)
□ the condition report for your premises (mandatory unless your premises are not yet constructed, you are a registered interest holder or you are moving into premises with a current resident)
□ a list of services and facilities we provide (mandatory)
□ the village rules (if any) (mandatory)
□ a list of inclusions
□ a list of exclusions
□ the village site plan
□ the floor plan for your premises
□ other [specify]—
EXECUTED as an agreement/deed [delete or cross out whichever does not apply]
[Insert appropriate signing clause for the operator]
Signed by the Resident(s)
Resident 1 | Resident 2 |
□ I have obtained independent legal advice on this contract. □ I have decided not to obtain independent legal advice on this contract. Signature of Resident 1 Print Name Date Signature of Witness (Resident 1) Print Name | □ I have obtained independent legal advice on this contract. □ I have decided not to obtain independent legal advice on this contract. Signature of Resident 2 Print Name Date Signature of Witness (Resident 2) Print Name |
[Insert appropriate signing clause for any other parties if applicable]
Schedule 2 Condition report
section 18(2)
RESIDENTIAL PREMISES CONDITION REPORT
Retirement Villages Act 1999, section 38
Address of residential premises—
Date of inspection—
How to complete this report—
1The operator, or an agent or employee of the operator, must inspect the premises and complete this report in accordance with these directions.2The report must be completed in the presence of the prospective resident (or a person nominated by the prospective resident).3The report must be completed to the best of the operator’s knowledge (or, if the inspection is carried out by an agent or employee of the operator, to the best of the agent’s or employee’s knowledge).4During the inspection of the premises, the operator (or agent or employee of the operator) and prospective resident (or person nominated by the prospective resident) must record the condition of the premises by indicating whether the particular item is clean, undamaged and in working order, by placing a “Y” or “Yes” or “N” or “No” in the appropriate column and by including comments on the condition of the item where relevant. Photographs may be attached detailing the condition of the premises. If required, additional pages may be attached to list all other fixtures, fittings, furniture or household items supplied with the premises, clearly labelling the room to which the additional items relate.5If a required date is not known, an approximate date must be given and identified as such.6No less than 14 days must be allowed for the prospective resident (or the prospective resident’s nominee) to examine the report and suggest changes to it.7The report must be signed by the operator (or, if the inspection is carried out by an agent or employee of the operator, by the agent or employee). The prospective resident (or the prospective resident’s nominee) must also sign the report if the prospective resident or nominee agrees with it.8The condition report must be completed and provided to the prospective resident—(a) at least 14 days before the operator and the prospective resident enter into a village contract, or(b) if the premises are still being constructed—at least 14 days before the prospective resident occupies the premises.9A copy of the condition report must be annexed to the first village contract that the prospective resident enters into with the operator.
CONDITION REPORT | ||||
Entrance/Hall | Clean | Undamaged | Working | Comments |
Front door | ||||
Screen door | ||||
Walls/picture hooks | ||||
Doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Lounge room | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Dining room | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Kitchen | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Cupboards/drawers | ||||
Bench tops/tiling | ||||
Sink/taps/disposal unit | ||||
Stove top/hot plates | ||||
Oven/griller | ||||
Exhaust fan/range hood | ||||
Refrigerator | ||||
Microwave | ||||
Dishwasher | ||||
Other | ||||
Bedroom 1 | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Built-in wardrobe/shelves | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Bedroom 2 | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Built-in wardrobe/shelves | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Bedroom 3 | Clean | Undamaged | Working | Comments |
Walls/picture hooks | ||||
Built-in wardrobe/shelves | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Skirting boards | ||||
Floor coverings | ||||
Other | ||||
Bathroom | Clean | Undamaged | Working | Comments |
Walls/tiles | ||||
Floor tiles/floor coverings | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Bath/taps | ||||
Shower/screen/taps | ||||
Shower seat | ||||
Handheld shower hose | ||||
Sink/taps | ||||
Mirror | ||||
Cabinet | ||||
Vanity | ||||
Towel rails | ||||
Grab rails | ||||
Toilet/cistern/seat | ||||
Toilet roll holder | ||||
Exhaust fan/vent | ||||
Other | ||||
Laundry | Clean | Undamaged | Working | Comments |
Walls/tiles | ||||
Floor tiles/floor coverings | ||||
Doors/doorway frames | ||||
Windows/screens/locks | ||||
Ceiling | ||||
Light fittings | ||||
Blinds/curtains | ||||
Light switches | ||||
Power points/switches | ||||
Washing machine/taps | ||||
Exhaust fan/vent | ||||
Washing tub | ||||
Dryer | ||||
Other | ||||
Security/Safety | Clean | Undamaged | Working | Comments |
External door locks | ||||
Window locks | ||||
Other security devices | ||||
Smoke alarms | ||||
Electrical safety switch | ||||
Other | ||||
General | Clean | Undamaged | Working | Comments |
Heating/air conditioning | ||||
Staircase/handrails | ||||
Balcony/porch/deck | ||||
Garden | ||||
Lawns/edges | ||||
Clothesline | ||||
Garbage bins | ||||
Garage | ||||
Carport | ||||
Storeroom | ||||
Shed | ||||
Hot-water system | ||||
Gutters/downpipes | ||||
Other | ||||
What keys are provided with the premises? | List— | |||
If the premises have carpet, when was it laid? | ||||
If the premises have blinds or curtains, when were they installed? | ||||
When was the kitchen installed? | ||||
When was the bathroom last renovated? | ||||
Is electricity available to be connected by the resident? | Yes/No | |||
Will the resident be separately billed by the supply authority for electricity charges relating to the premises? | Yes/No | |||
If yes, the electricity meter reading is— | ||||
Is gas available to be connected by the resident? | Yes/No | |||
Will the resident be separately billed by the supply authority for gas charges relating to the premises? | Yes/No | |||
If yes, the gas meter reading is— | ||||
Will the resident be separately billed by the supply authority for water usage charges relating to the premises? | Yes/No | |||
If yes, the water meter reading is— | ||||
Is there a telephone line installed on the premises available to be connected by the resident? | Yes/No | |||
Is there the ability for the resident to connect to the internet? | Yes/No | |||
If yes, is the village connected to the NBN— | Yes/No | |||
Are there any signs of mould/damp? | Yes/No | |||
Are the premises generally clean and free of rubbish? | Yes/No | |||
Are there any signs of fleas, cockroaches, ants or other pests? | Yes/No | |||
At the end of the report above the signatures, insert a “prospective resident comment” box that allows the prospective resident to make any comments about the condition report above, that is, if they have noted something incorrect or that they disagree with. | ||||
Promised improvements/repairs—
Has the operator agreed to make improvements/repairs to the premises? Yes/No
Work to be undertaken | Estimated completion date |
Signature of operator or operator’s nominee—
Printed name of operator or nominee—
Date of signature—
Note—
The prospective resident, or the prospective resident’s nominee, should not sign this report if they do not agree with it.
Signature of prospective resident or prospective resident’s nominee—
Printed name of prospective resident or nominee—
Date of signature—
Schedule 3 Form of appointment of proxy
section 23(1)
I, [insert name of resident], being a resident of [insert address of resident], appoint [insert name of proxy holder] of [insert address of proxy holder] as my proxy to vote for me at a meeting of residents held for the purpose of considering and voting on—
(a) matters for which the consent of residents is required under the Retirement Villages Act 1999, and
(b) matters affecting the management and operation of the village.
I authorise my proxy to vote on my behalf in relation to [tick whichever is applicable]—
□ all matters raised at the meeting at my proxy’s discretion, or
□ the following matters only—[specify the matters and any limitation on the manner in which you want your proxy to vote].
Signature of resident—
Date of signature—
Notes—
1
A person who may be appointed as a proxy includes a friend or relative of the resident, the resident’s guardian, a member of the Residents Committee or another resident of the retirement village, but no person may hold more than 2 proxies at the same time.
2
The Retirement Villages Act 1999 does not allow an operator, or a close associate of the operator, to hold or exercise a proxy on behalf of a resident.
3
This appointment is effective only if this properly completed form is given, before any vote is taken, to the chairperson of the meeting at which the proxy is to vote.
4
However, this form does not authorise voting on a matter if the resident appointing the proxy is present at the relevant meeting and personally votes on the matter.
5
This appointment terminates after the first meeting at which it is exercised, or 6 months from the date the appointment is made, whichever occurs first.
6
This form may be revoked at any time by the resident giving written notice to the person appointed as the resident’s proxy.
Schedule 4 Form of termination notice
section 64(1)
Notice of intention to seek termination—from operator to resident
Retirement Villages Act 1999, section 131
To [insert name of resident]
of [insert address of resident]
of [insert address of resident]
This notice is to advise you that it is our intention to apply to the Civil and Administrative Tribunal of New South Wales (the Tribunal) for an order terminating your residence contract.
This notice does not require you to vacate the premises. The decision as to whether your contract is terminated rests solely with the Tribunal. You will have an opportunity to argue your case at a hearing of the Tribunal. The registry of the Tribunal will notify you regarding the date and venue of the hearing.
If, however, you choose to move out after receiving this notice, your contract will terminate on the date on which you deliver up vacant possession of the premises. You will not be liable to pay recurrent charges that arise in relation to the premises after that date, and any refund of your ingoing contribution must be made no later than 1 month after that date.
The reason or reasons for seeking an order to terminate your residence contract are as follows [tick applicable reasons]—
□ In our opinion, the premises you currently occupy are no longer suitable for your continued occupation on the grounds of your physical or mental incapacity.
□ You have breached term [insert term number] of your village contract by [insert details of alleged breach].
□ You have breached village rule [insert rule number] by [insert details of alleged breach].
Note—
If notice is given on the grounds of a breach of a village contract or the village rules, the Tribunal may refuse to make an order terminating the residence contract if the breach is remedied. The Tribunal may also refuse to make an order if it does not agree that the breach was serious or persistent enough to justify terminating the contract.
□ You have intentionally or recklessly caused or permitted, or are likely to intentionally or recklessly cause or permit, the following [delete any that do not apply]—(a) serious damage to any part of the village,(b) injury to the operator,(c) injury to an employee of the operator,(d) injury to any other resident.
□ It is our intention to carry out substantial works in the village that require vacant possession of your residential premises.
□ It is our intention to use the land on which the village is situated for a purpose other than a retirement village.
Signature of operator or operator’s nominee—
Printed name of operator or nominee—
Date of signature—
This notice was given personally/sent by post [delete whichever is not applicable].
Note—
This notice lapses if the operator does not apply to the Tribunal for an order terminating your residence contract within 28 days after service of the notice.
Notice of intention to seek termination—from resident to operator
Retirement Villages Act 1999, section 131
To [insert name of operator]
of [insert address of operator]
of [insert address of operator]
This notice is to advise you that I/we, [insert name of each resident] of [insert address of resident/s], intend to apply to the Civil and Administrative Tribunal of New South Wales (the Tribunal) for an order terminating the residence contract between us.
The reason or reasons for seeking an order to terminate the residence contract are as follows [tick applicable reasons]—
□ In my/our opinion, the premises I/we currently occupy are no longer suitable for my/our continued occupation on the grounds of my/our physical or mental incapacity.
□ You have breached term [insert term number] of my/our village contract by [insert details of alleged breach].
□ You have breached village rule [insert rule number] by [insert details of alleged breach].
Note—
If notice is given on the grounds of a breach of a village contract or the village rules, the Tribunal may refuse to make an order terminating the residence contract if the breach is remedied. The Tribunal may also refuse to make an order if it does not agree that the breach was serious or persistent enough to justify terminating the contract.
Signature of each resident or resident’s nominee—
Printed name of each resident or nominee—
Date of signature—
This notice was given personally/sent by post [delete whichever is not applicable].
Note—
This notice lapses if the resident/s does/do not apply to the Tribunal for an order terminating the residence contract to which you and the resident/s are parties within 28 days after service of the notice.
Schedule 5 Matters excluded from village contracts
section 17
1 Dispute resolution
A village contract must not require the parties to attempt to resolve disputes between them by a process other than the process provided under the Act.
2 Wills
A village contract must not include a requirement about a resident’s will, including a requirement that a resident have a will.
3 Insurance
(1) A village contract must not contain a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance or health insurance, including insurance for ambulance charges.(2) Despite subsection (1), a village contract may require a resident who uses a motorised mobility aid to take out appropriate insurance for the mobility aid.
4 Legal, accounting and other expenses
A village contract must not contain a provision enabling the resident to be charged individually for the cost of the following—(a) legal services,(b) accounting services,(c) other services obtained by the operator in—(i) corresponding with the resident or a person acting on the resident’s behalf, or(ii) enforcing the contract.
5 Absences
A village contract must not restrict the period of time the resident may be absent from the village.
6 Penalty terms
A village contract must not provide that, if the resident breaches the contract or the village rules, the resident is liable to pay—(a) an increased amount of recurrent charges, or(b) a penalty, or(c) liquidated damages.
7 Exclusions
A village contract must not contain a provision to the effect that the resident will not have the benefit or advantage of a statute that—(a) may come into force, and(b) relieves the resident of an obligation or liability under the contract.
8 Recurrent charges
A village contract that provides for the recurrent charges payable by a resident to be varied according to a fixed formula must not include a component relating to the actual or proposed expenditure of the village.
9 Disclaimers
A village contract must not contain a provision removing an operator’s liability for negligent acts or omissions by the operator or the operator’s employees or agents.
10 Entire agreement
A village contract must not contain a provision to the effect that the written contract represents the entire agreement between the parties.
Schedule 6 Time for making applications to Tribunal
section 51
Section of the Act | Time during which application may be made |
18(6) | no earlier than 14 days after the date of request for general inquiry document or disclosure statement |
36(3) | no earlier than 1 month after service of rescission notice |
36(8)(a) or (b) | within 3 months after the date of rescission |
37(3) | within 3 months after the date of rescission |
53(3) | within 30 days after the date of notification of refusal to consent |
107(5) | no earlier than 14 days after the date of request by Residents Committee under the Act, section 107(4) |
108(1) | within 30 days after the date of notification of refusal to consent or, if residents do not notify, within 14 days after expiry of the period under the Act, section 107(2) |
113 | no earlier than 59 days immediately prior to commencement of the financial year and any time until the end of the financial year |
132(3) | within 7 days after the date of notification of differing opinion as to condition of premises |
134(1) or (2) | within 28 days after service of termination notice |
135(1) | within 30 days after the alleged incident became known to operator |
140(1) | within 30 days after the date fixed for vacation by earlier Tribunal order |
163(6)(a) or (b) | within 3 months after the date of receipt of claim |
181(5)(a) or (b) | no earlier than 1 month before expiry of the period in the Act, section 181(2)(f) and no later than 14 days after expiry of the period in the Act, section 181(2)(f) |
182(1) | within 14 days after the due date for payment |
Schedule 7 Relevant village information to be given to Secretary
section 57
1 Contact information
The following information about the retirement village—(a) village trading name,(b) village street address,(c) village contact details, including telephone number and email address,(d) confirmation that the village is insured as required by the Act, section 100.
2 Operator information
The following information about the operator of the retirement village—(a) the operator’s full name,(b) the operator’s ABN, ACN or ARBN,(c) whether the operator is—(i) an individual, or(ii) a body corporate, or(iii) a partnership, or(iv) a trust,(d) if the operator is a partnership—the full name of all members of the partnership,(e) whether or not the operator is a registered entity under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth,(f) if the operator is the operator of more than one retirement village in the State—(i) the number of retirement villages the operator operates in the State, and(ii) the name of each retirement village the operator operates in the State,(g) the name of each relevant industry association of which the operator is a member,(h) the operator’s contact details for information requests, including—(i) contact telephone number and email address, and(ii) the role titles of persons responsible for information requests.
3 Site information
(1) Whether the Registrar-General has been notified under the Act, section 24A that the land comprising the retirement village is used as a retirement village, and—(a) if so—the total size, in square metres, of the land that was notified under the Act, section 24A as comprising the retirement village, or(b) if not—the reasons why notification has not been given.(2) The following development information about the development of the retirement village—(a) whether the development is fully completed, partially completed or not commenced,(b) for a retirement village that is partially completed or not commenced—the following particulars of all proposed stages of the development—(i) the estimated date of completion,(ii) the proposed number of units,(iii) whether development consent has been obtained,(c) the footprint of the buildings, in square metres, that comprise, or will comprise, the retirement village,(d) whether or not the operator complies with conditions of development consent relating to the village site.
4 Residents Committee information
Whether or not there is a Residents Committee for the village.
5 Housing unit information
The following information about the number of units in the retirement village—(a) the total number of units,(b) the number of units that include facilities to make the unit more readily accessible for people with limited mobility.
6 Residence right type information
Whether or not the retirement village offers each of the following residence right types—(a) strata title,(b) community land title,(c) company title,(d) lease,(e) licence.
Schedule 8 Provisions relating to consent of residents
section 68
Part 1 Preliminary
1 Definitions
In this schedule—ballot means a ballot conducted at a meeting of residents.qualified voter means a resident of the retirement village.returning officer means a resident who—(a) is not a member of the Residents Committee, and(b) is not standing for election to the Residents Committee, and(c) is selected by a show of hands at a meeting of residents.
Part 2 Special resolutions
2 Notice of special resolution
If a measure or action requires a special resolution—(a) a resolution concerning the action or measure must be put to a meeting of qualified voters, and(b) at least 21 days written notice of the meeting must be given to all qualified voters, and(c) the notice must—(i) set out the resolution, and(ii) specify that the resolution is to be put as a special resolution, and(iii) give directions about the way a qualified voter may submit a postal vote under section 3 and the way the vote will be recorded, and(iv) be accompanied by a ballot paper initialled by the returning officer.
3 Postal votes
(1) A qualified voter may, before a meeting to which a special resolution is to be put, submit a written vote (a postal vote) to—(a) the Residents Committee, or(b) if there is no Residents Committee—the operator of the village.(2) The Residents Committee, or the operator of the village, must keep all postal votes received before the meeting in a safe and secure location.(3) At the meeting to which a special resolution is put, each postal vote must be accounted for against a current list of qualified voters and be handed to the returning officer.(4) If a qualified voter has submitted a postal vote in accordance with this section, the voter must not—(a) change or withdraw the postal vote, or(b) vote in person or by proxy at the meeting to which the special resolution is put.
4 Quorum required for special resolution
(1) A special resolution must not be put to a meeting unless there is a quorum of qualified voters available to consider and vote on the resolution.(2) A quorum of qualified voters available to consider and vote on a special resolution is—(a) for a village with fewer than 10 occupied residential premises—a qualified voter from a majority of the occupied residential premises, or(b) otherwise—5 qualified voters or 25% of qualified voters, whichever is the greater.(3) A qualified voter is available to consider and vote on a resolution if the voter—(a) is present at the meeting, including being present by electronic means, or(b) is represented at the meeting by a proxy, or(c) submits a postal vote.(4) If a quorum is not present within 30 minutes after the special resolution arises for consideration, the meeting must be adjourned for at least 7 days.(5) If a quorum is not present within 30 minutes after the time fixed for the adjourned meeting, the qualified voters available in accordance with subsection (3) constitute a quorum for considering and voting on the special resolution.
Part 3 Written ballots
5 When written ballot required
If 50% or more of the residents present at a meeting agree, by a show of hands, that the vote on a matter discussed at the meeting, including a special resolution, is to be taken by written ballot, the vote must be taken by written ballot.
6 Conduct of written ballot
(1) If a vote is to be taken by written ballot, the returning officer must prepare sufficient ballot papers so a ballot paper may be given to each qualified voter.(2) The ballot paper must contain details of the measure or action requiring a vote and directions about the way a vote must 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 voter clearly mark one of the boxes with a tick or a cross.(3) The returning officer must give each qualified voter, or voter’s proxy, at the meeting a ballot paper initialled by the returning officer.(4) To record a vote on the matter, the person voting must—(a) record a vote on the ballot paper in accordance with the directions shown on the paper, and(b) fold the completed ballot paper so the vote cannot be seen, and(c) place the ballot paper in the ballot box.
Part 4 Result of ballot
7 Count of votes
(1) The returning officer must count the votes cast on a matter and determine the result as soon as practicable after the vote is taken.(2) The returning officer’s decision is final.
8 Report of result
(1) Immediately after determining the result of a vote, the returning officer must announce the result and prepare a written report of the result.(2) Copies of the returning officer’s report must be given to the Residents Committee and placed on an official notice board.
Schedule 9 Rules of conduct for operators of retirement villages
section 69
Part 1 Preliminary
1 Interpretation
In this schedule—complaint resolution process means a process for the resolution of complaints made by residents, including complaints made by persons acting on behalf of residents.elder abuse means a single or repeated act or lack of appropriate action, occurring within a relationship where there is an expectation of trust, that causes harm or distress to an older person.internal dispute resolution process means a process for the resolution of internal disputes between a resident and the operator or between 2 or more residents.private interest has the meaning given by section 14(3).
2 Purpose
These rules of conduct—(a) set out the standards of conduct and behaviour that are expected of retirement village operators and their staff and agents, and(b) require operators and their staff and agents to have knowledge of relevant laws, and(c) require residents and prospective residents to be treated with respect, dignity and fairness, and(d) require operators to implement strategies to improve awareness of, and address, elder abuse, and(e) promote fair, honest, transparent and ethical practices for the marketing and promotion of residential premises in retirement villages, and(f) establish minimum standards for the handling of complaints and the resolution of disputes in retirement villages, and(g) set minimum training and competency standards for operators and their staff and agents, and(h) require operators to ensure there is effective oversight and supervision of staff.
Part 2 Standards of conduct
3 Operators must know and understand all relevant laws
The operator of a retirement village, and each person involved in the management of the village, must have a thorough knowledge and understanding of—(a) the Act, and(b) this regulation, and(c) relevant provisions of the following laws necessary to enable the operator to exercise the operator’s functions lawfully—(i) the Strata Schemes Management Act 2015 and the regulations under that Act,(ii) the Corporations Act 2001 of the Commonwealth and the regulations under that Act,(iii) the Work Health and Safety Act 2011 and the regulations under that Act,(iv) the Australian Consumer Law (NSW),Note—See the Fair Trading Act 1987, Part 3.(v) if residential tenancy agreements are in force at the retirement village or are available to prospective residents—the Residential Tenancies Act 2010 and the regulations under that Act,(vi) other laws relevant to the management or operation of a retirement village, including laws relating to fair trading, trade practices, anti-discrimination and privacy.
4 Operators must have regard to best interests of all residents
(1) The operator of a retirement village must, in undertaking the operator’s functions, have regard to the best interests of all residents of the village as far as is practicable or appropriate.(2) When dealing with a prospective resident, the operator must, in undertaking the operator’s functions, have regard to the best interests of the prospective resident.(3) In determining what is in the best interests of all residents, or of a prospective resident, the operator must have regard to the following matters—(a) the age and health of residents or the prospective resident,(b) the views expressed by residents or the prospective resident,(c) requests made by residents or the prospective resident,(d) the impact a decision or action may have on the health, finances and wellbeing of residents or the prospective resident,(e) past complaints, issues or concerns raised by residents.
5 Operators must exercise skill, care and diligence
The operator of a retirement village must exercise reasonable skill, care and diligence when undertaking the operator’s functions.
6 Operators must act with honesty, fairness and professionalism
(1) The operator of a retirement village must act honestly, fairly and professionally with all parties to negotiations, transactions and other dealings relating to a resident or prospective resident.(2) The operator of a retirement village must not misinform or otherwise mislead or deceive a party to negotiations, transactions or other dealings relating to a resident or prospective resident.(3) The operator of a retirement village must not engage in high-pressure tactics, harassment or harsh or unconscionable conduct in negotiations, transactions or other dealings relating to a resident or prospective resident.(4) In this section—parties to negotiations, transactions and other dealings includes the following—(a) the resident or prospective resident,(b) the relatives of the resident or prospective resident,(c) another person acting on behalf of the resident or prospective resident, including members of the Residents Committee of the retirement village.
7 Operators must not disclose confidential information about residents or prospective residents
(1) The operator of a retirement village must not use or disclose confidential information about an interested person that was obtained in connection with the management or operation of the village, unless—(a) the interested person provides written authorisation for the disclosure of the information, or(b) the operator is permitted or compelled by law to disclose the information, or(c) the interested person was informed of the intended use of the information before providing the information.(2) The operator of a retirement village must ensure that members of the operator’s staff—(a) treat all information received in connection with the management of the village in a professional manner, and(b) do not disclose or seek to disclose information received in connection with the management of the village unless required for the management of the village.(3) In this section—interested person means the following—(a) a resident or prospective resident,(b) a relative of a resident or prospective resident,(c) another person acting on behalf of a resident or prospective resident.
8 Operators must prepare elder abuse prevention strategy
(1) The operator of a retirement village must prepare and give effect to a strategy (an elder abuse prevention strategy) for the identification and prevention of elder abuse in the village that includes the following—(a) examples of common forms of elder abuse as well as specific examples in relation to retirement villages,(b) information on how to identify elder abuse, including signs of elder abuse, and how to prevent elder abuse,(c) information on ways to respond to elder abuse or concerns about suspected elder abuse, including procedures and timeframes for reporting abuse and escalating matters to appropriate organisations and authorities,(d) an explanation of the roles and responsibilities of the operator and the operator’s staff in relation to elder abuse in the retirement village,(e) guidance on accessing the services and resources of appropriate NSW Government agencies and helplines and other relevant local services and support agencies.Example of helpline—the Ageing and Disability Abuse Helpline(2) The operator of a retirement village must—(a) ensure that all members of the operator’s staff are familiar with and trained to apply the operator’s elder abuse prevention strategy, and(b) ensure that a copy of the elder abuse prevention strategy is posted on an official notice board, and(c) review the elder abuse prevention strategy at least every 2 years.(3) This section is an offence provision.
9 Operators must provide information to external selling agents on request
(1) This section applies in circumstances where the operator of a retirement village is able to confirm that an external selling agent has been engaged by a resident of the retirement village to sell residential premises of which the resident is the registered interest holder.(2) The operator of a retirement village must, at the agent’s request, provide the agent with the information and assistance reasonably necessary to facilitate the sale of the residential premises, including the following—(a) a copy of the general inquiry document and the disclosure statement required by the Act, section 18,(b) access to copies of the documents required to be made available to prospective residents under the Act, section 20,(c) information about the type of contract or contracts the operator may offer to a prospective purchaser of the residential premises,(d) free and unrestricted access to the residential premises and the common areas of the retirement village during the operator’s business hours, or as otherwise agreed with the operator, for inspection of the residential premises by prospective purchasers,(e) access reasonably required to take photographs of the common areas of the retirement village.(3) Information and assistance required by this section must be provided to the agent within 5 business days of a written request being received by the retirement village operator.(4) This section is an offence provision.
Part 3 Representations in marketing retirement villages and units
10 Operators must not make false or misleading representations
(1) The operator of a retirement village must not make a representation that is false or misleading in a material particular—(a) in promotional material for the village, or(b) in relation to the marketing of the village or a particular unit within the village.(2) Subsection (1) does not apply to a representation to which the Act, section 197A applies.Note—The Act, section 197A prohibits an operator from providing to residents information that the operator knows to be false or misleading in a material particular for the purported purpose of complying with requirements under the Act.(3) This section is an offence provision.
11 Representations about ownership of units
(1) The operator of a retirement village must not make a representation to a prospective resident that the prospective resident will acquire ownership of a unit in the village.(2) Subsection (1) does not apply if the operator intends to enter into a contract with the prospective resident following the purchase of a strata-titled, community-titled or company-titled unit in the retirement village.
12 Marketing of retirement villages must include certain information
(1) This section applies to written promotional material about a retirement village that contains 200 words or more.(2) The operator of the retirement village must ensure that promotional material published or distributed by or on behalf of the operator contains the statements required by this section written in a size, style and format, and located in a position, that makes the statements clearly visible.(3) If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident, the following statement must be included in the promotional material—You may have to pay a departure fee when you leave this village.(4) If the operator requires or intends to require a prospective resident to share a percentage of a capital gain, the following statement must be included in the promotional material—You may have to share a capital gain received with the operator of this village.(5) This section is an offence provision.
13 Marketing of units must include certain information
(1) This section applies to written promotional material about a particular unit within a retirement village that contains 100 words or more.(2) The operator of the retirement village must ensure that residence-specific promotional material published or distributed by or on behalf of the operator contains the statements required by this section written in a size, style and format, and located in a position, that makes the statements clearly visible.(3) If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident, the following statement must be included in the promotional material—You will have to pay a departure fee when you leave this village.(4) If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident of an amount to be calculated on the selling price of the resident’s unit, and this amount will impact the capital gain received when leaving the village, the following statement must be included in the promotional material—You will have to pay a departure fee when you leave this village, which will impact the capital gain received when leaving the village.(5) If the operator requires or intends to require a prospective resident to share a percentage of a capital gain, the following statement must be included in the promotional material—You will have to share a capital gain received with the operator of this village.(6) This section is an offence provision.
Part 4 Conflicts of interest
14 Operators must avoid conflicts of interest
(1) The operator of a retirement village must not perform a function connected to the management or operation of the retirement village if—(a) the operator has a private interest in the function, and(b) the private interest may, or does, come into conflict with and affect the ability of the operator to carry out the operator’s role impartially and in the interests of residents.(2) The operator of a retirement village must ensure that a member of the operator’s staff does not act in a function connected to the management or operation of the retirement village if—(a) the staff member has a private interest in the function, and(b) the private interest may, or does, come into conflict with and affect the ability of the staff member to carry out the person’s role impartially and in the interests of residents.(3) Without limiting this section, a person has a private interest in a function connected to the management or operation of a retirement village if there is a reasonable likelihood or expectation of an appreciable financial or other benefit or loss to the person or an associate of the person.
15 Operators must disclose conflicts of interest
(1) As soon as practicable after the operator of a retirement village becomes aware of a conflict of interest of a type referred to in section 14, whether the conflict of interest is held by the operator or a member of the operator’s staff, the operator must give written notice of the conflict of interest to each resident of the village.(2) As soon as practicable after becoming aware of a conflict of interest that has not been disclosed in accordance with subsection (1), the operator of the retirement village must—(a) give all residents written notice of the following—(i) the conflict of interest and the function connected with the management or operation of the retirement village to which the conflict of interest relates,(ii) the reasons why the conflict of interest was not disclosed, if known,(iii) an outline of the action that will be taken by the operator as a result of becoming aware of the conflict of interest, and(b) review all relevant internal policies and procedures to ensure that future conflicts of interest are properly disclosed, and ensure all staff are made aware of the policies and procedures.
16 Operators must manage and resolve conflicts of interest
(1) If a conflict of interest of a type referred to in section 14 arises, the operator of a retirement village must manage and resolve the conflict of interest.(2) Depending on the nature of the conflict of interest, management and resolution of a conflict of interest may include the following—(a) restricting the involvement of a staff member in the matter,(b) engaging an independent party to oversee the matter,(c) relinquishing, or requiring a staff member to relinquish, the personal interest causing the conflict.
17 Operators must not carry out functions without disclosing conflicts of interest
(1) The operator of a retirement village must not carry out a function in connection with the management or operation of the village if—(a) the operator has a conflict of interest, and(b) the conflict of interest has not been disclosed in accordance with section 15.(2) The operator of a retirement village must ensure that a member of the operator’s staff does not carry out a function in connection with the management or operation of the village if—(a) the staff member has a conflict of interest, and(b) the conflict of interest has not been disclosed in accordance with section 15.(3) This section is an offence provision.
18 Operators must keep records of conflicts of interest
(1) The operator of a retirement village must keep records of the following information relating to each conflict of interest of the operator and members of the operator’s staff—(a) the name, contact details and title of the person with the conflict of interest,(b) the nature of the private interest giving rise to the conflict of interest,(c) the function connected with the management or operation of the retirement village to which the conflict of interest relates and the date on which the function was carried out,(d) the date the conflict of interest was disclosed to residents,(e) details of measures implemented to address the effects of the conflict of interest.(2) Records must be kept for—(a) for a conflict of interest of the operator—5 years after the operator ceases to be the operator of the retirement village, or(b) for a conflict of interest of a member of the operator’s staff—5 years after the person ceases to be a member of the operator’s staff.(3) The operator of a retirement village must give a resident or prospective resident of the village access to records kept under this section within 5 business days after receiving a request for access to the records.(4) This section is an offence provision.
Part 5 Complaint handling and internal dispute resolution scheme
Division 1 Objectives and principles
19 Operators must ensure residents are encouraged to raise concerns
The operator of a retirement village must promote a village culture that—(a) encourages residents to raise concerns, and(b) supports the effective resolution of complaints.
20 Operators must not discourage residents from making complaints or pursuing internal disputes
(1) The operator of a retirement village must not take action to discourage a resident or a person acting on behalf of a resident, including members of the Residents Committee, from making a complaint or pursuing an internal dispute.(2) Examples of action that must not be taken include the following—(a) imposing a fee or charge for making a complaint or pursuing an internal dispute,(b) providing a reward, rebate, incentive or other benefit if the resident does not make a complaint or pursue an internal dispute,(c) not allowing a person acting on behalf of a resident to make a complaint or pursue an internal dispute,(d) employing high-pressure tactics, harassing or intimidating the resident or undertaking another form of harsh or unconscionable conduct,(e) taking detrimental action against the resident as a result of a complaint being made or an internal dispute being pursued.(3) This section is an offence provision.
21 Operators must not prevent residents from consulting Residents Committee
(1) The operator of a retirement village must not prevent a resident who has made, or is considering making, a complaint from seeking assistance, support or representation from the Residents Committee.(2) The operator of a retirement village must not prevent a resident who is pursuing, or considering pursuing, an internal dispute from seeking assistance, support or representation from the Residents Committee.(3) To avoid doubt, nothing in this section requires a resident to involve the Residents Committee or another resident in the resolution of a complaint or an internal dispute.
Division 2 Complaint and internal dispute resolution processes
22 Operators must prepare and maintain complaint and internal dispute resolution processes
(1) The operator of a retirement village must, in accordance with this part, prepare and maintain a complaint resolution process and an internal dispute resolution process for the village that are—(a) written in plain English, taking into consideration the age-specific needs of current and prospective residents of the retirement village, and(b) made publicly available on the operator’s website and posted on an official notice board, and(c) given free of charge to all residents—(i) if a resident agrees—electronically, or(ii) otherwise—in hard copy form.(2) Both the complaint resolution process and the internal dispute resolution process must provide that complaints and internal disputes will be—(a) acknowledged within 5 business days after being made, and(b) managed, including by providing, where possible, an expected resolution date, within 60 days after being made.(3) This section is an offence provision.
23 Complaint and internal dispute resolution processes must include certain matters
(1) A complaint resolution process must address—(a) the types of complaints covered and not covered by the process, and(b) the resolution options available for each type of complaint covered by the process.(2) An internal dispute resolution process must address—(a) the types of internal disputes covered and not covered by the process, and(b) the resolution options available for each type of internal dispute covered by the process.(3) Complaint and internal dispute resolution processes must also—(a) clearly explain the process, including the roles and contact details of relevant staff, and(b) include a clear and understandable visual representation of the process, and(c) outline the roles and responsibilities of relevant staff in receiving, reviewing, responding to and resolving matters under the process, and(d) outline the steps involved in each stage of dealing with matters under the process, and(e) outline the expected actions that are generally involved at each stage of dealing with matters under the process, and(f) include information on the management and escalation of matters, whether or not covered by the process, through levels of village management and to external organisations or authorities, for example, third-party investigation, NSW Fair Trading or the Tribunal, and(g) include measures to ensure the privacy of residents is maintained, and(h) include measures for the review of organisational processes arising from the analysis of data about matters under the process, and(i) include measures for the continual monitoring of the process.(4) The operator of a retirement village must review the complaint resolution process and the internal dispute resolution process at least every 2 years.
24 Operators must keep records of complaints and internal disputes
(1) The operator of a retirement village must keep a record of the following information about complaints and internal disputes that have been raised in the village—(a) details of each complaint or internal dispute, including the name and contact details of each resident concerned, and the date the complaint or dispute was raised,(b) details of action taken in response to each complaint or internal dispute, including the names and contact details of the staff involved in handling the complaint or internal dispute, and the date the action was taken,(c) whether the complaint or internal dispute was resolved, withdrawn, referred to another agency or organisation or escalated within the village management, or if another outcome was achieved,(d) the number of complaints and internal disputes handled each calendar year.(2) Records must be kept for at least 5 years.(3) This section is an offence provision.
Part 6 Training and competencies
25 Operators must prepare and implement policies and procedures for training and competencies
(1) An operator must prepare and implement written policies and procedures for the selection, training and ongoing supervision of the operator’s staff in accordance with this part.(2) This section is an offence provision.
26 Policies and procedures for training and competencies must include certain information
(1) Policies and procedures under this part must include the following information for each role in which staff are employed or otherwise engaged—(a) key responsibilities,(b) qualifications or experience required,(c) performance standards for the role, how performance will be assessed and managed and how underperformance will be handled,(d) guidance and information on relevant matters reasonably required to allow a person to carry out the functions of the role effectively, professionally and in the best interests of residents and prospective residents.(2) When determining the guidance to be provided under subsection (1)(d), the operator of a retirement village must consider the following—(a) the amount of time the holder of the role will spend engaging with residents, including the frequency and purpose of the engagement,(b) whether the role involves handling disputes,(c) the emergency response and evacuation responsibilities of the role,(d) whether the role involves meeting with residents or prospective residents on behalf of the operator to explain a resident’s current village contract information as provided by the Act, section 69A,(e) whether knowledge of first aid is required to carry out the role,(f) whether the role involves control of or responsibility for the finances of the village,(g) the expectations of residents or prospective residents in relation to standards of behaviour, service and conduct,(h) the recruitment, assessment and hiring methods for the role,(i) whether third-party checks or verifications are required for the role, for example, a criminal records check,(j) other matters the operator considers relevant.
27 Operators must ensure staff are trained in complaint handling and internal dispute resolution
The operator of a retirement village must ensure that all relevant staff—(a) are aware of the village’s policies and procedures for managing complaints and internal disputes and their responsibilities under those policies and procedures, and(b) know how to deal with unreasonable conduct by people making complaints or raising internal disputes, and(c) receive ongoing training in the effective handling of complaints or disputes under the village’s policies and procedures, and(d) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing complaints or resolving internal disputes, and(e) are alert to identifying complaints or internal disputes and are aware of where or to whom they can refer a complaint or an internal dispute that they are unable to respond to directly.
28 Operators must ensure staff involved in internal dispute resolution receive additional training
The operator of a retirement village must ensure that the members of the operator’s staff who have responsibilities under the village’s internal dispute resolution process—(a) are aware of their responsibilities for resolving disputes under the internal dispute resolution process, and(b) receive ongoing training in handling disputes, and(c) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing an internal dispute, and(d) know how to deal with unreasonable conduct by people raising internal disputes.
29 Operators must keep records of staff training and professional development
(1) The operator of a retirement village must keep a written record of the training and professional development provided to members of the operator’s staff to ensure they are familiar with and able to comply with—(a) their responsibilities as staff members, and(b) the policies, procedures and processes required by these rules of conduct.(2) Records must be kept for at least 5 years.(3) This section is an offence provision.
30 Operators must monitor staff compliance with policies and procedures
(1) The operator of a retirement village must oversee and manage the operator’s staff members, or have a structure in place for oversight and management of staff members, to ensure compliance with relevant policies, procedures or processes required by these rules of conduct.(2) An operator must review the structures in place for monitoring staff compliance at least every 2 years.
Schedule 10 Penalty notice offences
section 70
Provision | Penalty |
Offences under the Act | |
Section 17(5A) | $1,100 |
Section 18(3) | $440 |
Section 18(4) | $220 |
Section 18(5) | $2,200 |
Section 19(2) | $220 |
Section 20(1) or (3) | $550 |
Section 21(1) | $1,100 |
Section 24A(1) | $2,200 |
Section 27 | $2,200 |
Section 29(1A) | $2,200 |
Section 39(1) or (2) | $1,100 |
Section 39(3) | $550 |
Section 58A(2A)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 58B(1)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 59A | $440 |
Section 69A(1) or (5)— | |
(a) for a corporation | $550 |
(b) otherwise | $220 |
Section 69A(12)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 72A(1) or (4) | $440 |
Section 83C, in relation to a contravention of a section of this regulation, Schedule 9 that is an offence provision— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 99(5) | $2,200 |
Section 101(1) | $440 |
Section 101A(1)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 106A | $1,100 |
Section 110(1) or (2) | $110 |
Section 112(1) | $2,200 |
Section 118A— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 118E(1) | $440 |
Section 119(1) | $1,100 |
Section 165(1) | $220 |
Section 180(2)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 180(3) | $220 |
Section 181(2) | $1,100 |
Section 181(4) | $220 |
Section 182AC(7)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 182AE(3)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 182AG(6)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |
Section 182C(1) | $2,200 |
Section 197 | $1,100 |
Offences under this regulation | |
Section 57(1) or (2)— | |
(a) for a corporation | $2,200 |
(b) otherwise | $1,100 |