Retirement Villages (Records and Notices) Regulations 2005 · 2015-12-11 · Authorised by the Chief Parliamentary Counsel Retirement Villages (Records and Notices) Regulations 2005

Authorised by the Chief Parliamentary Counsel

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Authorised Version No. 005

Retirement Villages (Records and Notices) Regulations 2005

S.R. No. 162/2005 Authorised Version incorporating amendments as at

1 July 2014

TABLE OF PROVISIONS Regulation Page

1 Objectives 1 2 Authorising provision 2 3 Commencement provision 2 4 Definition 2 5 Procedure for dealing with management complaints 2 6 Procedure for dealing with resident disputes 2 7 Prescribed particulars of which manager must notify Director 2 8 Retirement village notice 7 9 Other matters for inclusion in disclosure statement 7 10 Factsheet 8 11 Documents to be made available for inspection 8

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SCHEDULES 10

SCHEDULE 1—Procedure for the Creation and Maintenance of a Written Record of a Management Complaint or Resident Dispute 10

SCHEDULE 2 12 ═══════════════

ENDNOTES 18

1. General Information 18

2. Table of Amendments 19

3. Explanatory Details 20


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Authorised Version No. 005

Retirement Villages (Records and Notices) Regulations 2005

S.R. No. 162/2005 Authorised Version incorporating amendments as at

1 July 2014

1 Objectives The objectives of these Regulations are to—

(a) provide a procedure for dealing with management complaints in retirement villages; and

(b) provide a procedure for dealing with resident disputes in retirement villages; and

(c) prescribe other particulars which must be included by the manager of a retirement village in a notice to the Director; and

(d) prescribe information for the purposes of the Retirement Villages Act 1986; and

(e) prescribe the documents relating to a retirement village that a retired person, or a person acting on behalf of a retired person, may request to inspect; and

Reg. 1(c) amended by S.R. No. 93/2006 reg. 6(1).

Reg. 1(d) inserted by S.R. No. 93/2006 reg. 6(2), amended by S.R. No. 170/2013 reg. 5(1).

Reg. 1(e) inserted by S.R. No. 93/2006 reg. 6(2), substituted by S.R. No. 170/2013 reg. 5(2).


Retirement Villages (Records and Notices) Regulations 2005 S.R. No. 162/2005

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(f) rescribe other matters that must be included in a disclosure statement.

2 Authorising provision These Regulations are made under section 43 of the Retirement Villages Act 1986.

3 Commencement provision These Regulations come into operation on 30 January 2006.

4 Definition In these Regulations—

the Act means the Retirement Villages Act 1986.

5 Procedure for dealing with management complaints For the purposes of section 38E(4) of the Act, the procedure for the creation and maintenance of a written record of a management complaint must be in accordance with the Schedule.

6 Procedure for dealing with resident disputes For the purposes of section 38F(4) of the Act, the procedure for the creation and maintenance of a written record of a resident dispute must be in accordance with the Schedule.

7 Prescribed particulars of which manager must notify Director

In addition to the particulars set out in section 38L of the Act, the following particulars are prescribed for the purposes of section 38L(2)(b) of the Act—

(a) whether the total number of completed units in the retirement village is—

(i) 10 or less; or

(ii) 11–25; or

Reg. 1(f) inserted by S.R. No. 170/2013 reg. 5(2).

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(iii) 26–50; or

(iv) 51–75; or

(v) 76–100; or

(vi) 101–125; or

(vii) 126–150; or

(viii) 151–175; or

(ix) 176–200; or

(x) 201–250; or

(xi) greater than 250;

(b) whether the total number of units in the retirement village that are neither occupied nor promised to a future resident under a residence contract is—

(i) 10 or less; or

(ii) 11–25; or

(iii) 26–50; or

(iv) 51–75; or

(v) 76–100; or

(vi) 101–125; or

(vii) 126–150; or

(viii) 151–175; or

(ix) 176–200; or

(x) 201–250; or


(c) whether the occupancy rate in the retirement village (as a percentage of the total number of units in the retirement village) is—

(i) less than 50%; or

(ii) between 50% and 70% inclusive; or

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(iii) between 71% and 85% inclusive; or

(iv) between 86% and 95% inclusive; or

(v) greater than 95%;

(d) whether the number of units that are operating or intended to operate as serviced or supported residences rather than independent living units is—

(i) 10 or less; or

(ii) 11-25; or

(iii) 26-50; or

(iv) 51-75; or

(v) 76-100; or

(vi) 101-125; or

(vii) 126-150; or

(viii) 151-175; or

(ix) 176-200; or

(x) 201-250; or

(xi) greater than 250; Note

Serviced or supported residences do not include accommodation in a residential care facility.

(e) whether the retirement village is co-located with a residential care facility;

(f) whether the respective percentages—

(i) of residents residing in the village in a unit that they own; and

(ii) of residents residing in the village pursuant to a long term lease; and

(iii) of residents residing in the village pursuant to a periodic tenancy; and

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(iv) of residents residing in the village pursuant to a licence; and

(v) of residents residing in the village pursuant to rights under a unit trust; and

(vi) of residents residing in the village consequent upon the ownership of a share in a company are—

(A) less than 50%; or

(B) between 50% and 70% inclusive; or

(C) between 71% and 85% inclusive; or

(D) between 86% and 95% inclusive; or

(E) greater than 95%;

(g) a brief description of any other form of right to reside in the village at the time of giving of the notice, and whether the percentage of residents residing in the village pursuant to or consequent upon such a right is—





(v) greater than 95%;

(h) whether the number of residents in the retirement village is—

(i) 10 or less; or

(ii) 11–25; or

(iii) 26–50; or

(iv) 51–75; or

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(v) 76–100; or

(vi) 101–125; or

(vii) 126–150; or

(viii) 151–175; or

(ix) 176–200; or

(x) 201–250; or


(i) whether the retirement village has a residents committee;

(j) if the retirement village has a residents committee, whether, in the most recent financial year, the manager (or an agent of the manager) held meetings with representatives of the committee—

(i) frequently; or

(ii) infrequently; or

(iii) never;

(k) if the retirement village has a residents committee, whether, in the most recent financial year, the manager (or an agent of the manager) corresponded with the committee—

(i) frequently; or

(ii) infrequently; or

(iii) never;

(l) whether the retirement village has a body corporate;

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(m) whether or not the manager owns any retirement village land that is allocated for occupation by non-owner residents;

(n) whether the manager of the retirement village is—

(i) a person or organisation with not-for-profit purposes; or

(ii) a person or organisation that acts as manager with a profit making purpose;

(o) whether the percentage of residents who attended the last annual meeting of residents of the retirement village (if applicable) was—





(v) greater than 95%.

8 Retirement village notice For the purposes of section 9(3)(a) of the Act, the prescribed information which a notice under section 9(1) of the Act must contain is the information in Part A of Schedule 2.

9 Other matters for inclusion in disclosure statement For the purpose of paragraph (e) of the definition of disclosure statement in section 3(1) of the Act, the following are the other matters that must be included in a disclosure statement—

(a) a short statement setting out the purpose of the disclosure statement;

(b) a statement that the disclosure statement is required to be given under the Act;

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Reg. 8 inserted by S.R. No. 93/2006 reg. 7.

Reg. 9 inserted by S.R. No. 93/2006 reg. 7, substituted by S.R. No. 170/2013 reg. 6.



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(c) a statement of the importance of seeking advice from an independent financial or legal adviser;

(d) details of the amounts payable by the resident on entry to the retirement village;

(e) details of the ongoing costs payable by the resident as at the date the resident enters the retirement village;

(f) details of the liabilities of the resident on permanent departure from their premises;

(g) details of the entitlements of the resident on permanent departure from their premises; and

(h) details of the estimated refundable ingoing contribution or other entitlement payable to the resident if the resident permanently departed their premises after 1, 2, 5 and 10 years residence.

10 Factsheet For the purposes of section 18A(5)(b) of the Act, the information that must be contained in a factsheet is set out in Part B of Schedule 2.

11 Documents to be made available for inspection For the purposes of section 18B(1) of the Act, the documents relating to a retirement village that a retired person, or a person acting on behalf of a retired person, may request to inspect are the following—

(a) the site plan of the retirement village;

(b) plans of any premises under construction within the retirement village;


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(c) planning permissions for further development of the retirement village;

(d) the statements and report presented to the previous annual meeting of the retirement village under sections 34 and 38H of the Act;

(e) if the retirement village has a capital works, capital replacement or maintenance fund—statements of the balances at the end of the previous three financial years of the village;

(f) examples of contracts that prospective residents may be required to enter into;

(g) the dispute resolution documents required under sections 38E and 38F of the Act.

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SCHEDULES

SCHEDULE 1 Regulations 5 and 6

PROCEDURE FOR THE CREATION AND MAINTENANCE OF A WRITTEN RECORD OF A MANAGEMENT

COMPLAINT OR RESIDENT DISPUTE

For the purposes of section 38E(4) or 38F(4) of the Act, a manager of a retirement village must—

(a) establish a separate (physical or electronic) file for each management complaint and each resident dispute in the village; and

(b) immediately record in the file—

(i) the date of opening the file; and

(ii) the name and address of the resident raising the complaint or dispute; and

(iii) contact details for the resident or the resident's representative; and

(iv) whether the matter was raised orally or in writing; and

(v) whether the matter is a resident dispute or a management complaint; and

(vi) detailed particulars of the dispute or complaint; and

(c) immediately place in the file copies of any correspondence or other documentation given to the manager by the resident; and

Sch. (Heading) substituted by S.R. No. 93/2006 reg. 8.

Sch. 1 (Heading) inserted by S.R. No. 93/2006 reg. 8.

Sch. 1



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(d) as soon as practicable, place in the file a dated copy of written advice to the resident summarising the manager's understanding of the matter to be resolved, the steps the manager intends to take and the date by which the manager will advise the resident further; and

(e) as soon as practicable after each subsequent occasion on which the manager advises the resident of the manager's understanding of any relevant issues to be resolved, steps the manager intends to take or has taken, or the date by which the manager will advise the resident further, place in the file a dated copy of the advice or, if the advice was not in writing, a detailed description of the advice; and

(f) as soon as practicable after the relevant event, place in the file as applicable—

(i) file notes of every action taken by the manager to resolve the complaint or dispute; and

(ii) copies of all correspondence or other documentation received or sent by the manager in relation to the complaint or dispute; and

(iii) either a copy of written notification given to the resident that the manager regards the dispute or complaint as resolved and setting out the details of its resolution or, where the manager has concluded that the dispute or complaint cannot be resolved, a copy of written notification of this to the resident, setting out the reasons and advising that the resident may contact Consumer Affairs Victoria for assistance or seek independent legal advice; and

(g) retain the file for 7 years from the date the complaint or dispute is recorded.

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Sch. 1



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SCHEDULE 2

PART A

Regulation 8

ADDITIONAL INFORMATION TO BE CONTAINED IN A RETIREMENT VILLAGE NOTICE

1. The name of the owner of the land

(1) For land that is—

(a) in an identified folio under the Transfer of Land Act 1958; or

(b) not under the operation of the Transfer of Land Act 1958—

(in addition to any name required under section 9(3)(c) of the Act), the name of the person who (alone or with others) is the owner of an estate in fee simple in respect of the land, whether the person is the beneficial owner or holds the land on trust or subject to an equity of redemption or other similar right.

(2) For land that is under the operation of the Transfer of Land Act 1958 (but not in an identified folio under that Act)—the name of the person who (alone or with others) is registered as the proprietor of an estate in fee simple in respect of the land.

2. Signatures

The signature of the owner or the owner's legal practitioner or agent.

3. Date

The date the notice is signed by the owner or the owner's legal practitioner or agent.

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Sch. 2 inserted by S.R. No. 93/2006 reg. 9.

Sch. 2



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PART B Regulation 10

INFORMATION REQUIRED FOR FACTSHEET

1. The name of the retirement village.

2. A statement setting out the following matters:

(a) when the factsheet must be provided;

(b) the desirability of obtaining independent advice about the contracts that will have to be entered into;

(c) the desirability of understanding the financial commitment involved in entering, living in and leaving the retirement village;

(d) the desirability of considering what questions should be asked of the retirement village manager before a contract is entered into;

(e) the desirability of considering whether retirement village living is appropriate.

3. The address of the retirement village.

Sch. 2

4. In respect of a retirement village where there is no owners corporation, the name and address of the owner of the retirement village land and, in respect of a retirement village where there is an owners corporation, the name and address of the person, including the owners corporation, owning land on which common facilities are located.

5. The year construction started on the retirement village.

6. The name, ABN, address and telephone number of the current manager and the date it commenced to be the manager.

Sch. 2 Pt B substituted by S.R. No. 170/2013 reg. 7.


Part B


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7. Whether there is an onsite representative of the manager available for residents and, if so, the days and times available.

8. The nature of resident tenure in the retirement village.

9. The number and size of residential premises in the retirement village.

10. The garage and car parking spaces in the retirement village.

11. Whether planning permission has been granted for further development of the retirement village.

12. The facilities available at the retirement village, the cost of their use and any restrictions on their availability.

13. Whether the retirement village has an onsite or attached residential or aged care facility and if so, a statement setting out that entry is dependent on an aged care assessment in accordance with the Aged Care Act 1997 of the Commonwealth and that the owner or manager cannot keep places aside for residents.

14. The services provided by the owner or manager to residents from maintenance charges and other ongoing charges, including rent.

15. Any optional services that are provided or made available to residents on a user-pays basis.

16. Whether the resident is required to pay a refundable ingoing contribution to enter the retirement village and, if so, the amount or range and when it, or any other entitlement due to the resident on permanent departure from their premises, is to be refunded or paid.

17. Whether a fee is deducted from the refundable ingoing contribution or other entitlement due to

Sch. 2


Part B


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the resident on permanent departure from their premises and, if so, how the fee is calculated.

18. Details of other amounts payable by the resident on permanent departure from their premises.

19. Whether the resident is required to pay a non-refundable ingoing contribution to enter the retirement village and, if so, the amount.

20. The estimated sale price ranges for all classes of residential premises in the retirement village (on a reinstated or renovated basis) as at a stated date.

21. The current rates of maintenance charges and other ongoing charges, including rent, for all classes of residential premises in the retirement village and how often they must be paid.

22. For owner residents, the current amount or range of owners corporation fees and how often they must be paid.

23. Whether the resident shares in any capital gain or loss on the resale of their premises and, if so, how the share is calculated.

24. Whether and to what extent the resident is responsible for renovation or reinstatement of their premises on permanent departure from their premises.

25. The insurance that the owner or manager and the resident are responsible for arranging.

26. The surplus or deficit for the retirement village as set out in the statements presented to the previous annual meeting of the retirement village under section 34 of the Act.

27. Whether the retirement village has a fund for long-term maintenance or capital replacement and, if so, the balance at the end of the last financial year.

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28. The surplus or deficit of any owners corporation at the end of the last financial year or for the last quarter if that is the only available figure.

29. Whether any owners corporation has a maintenance plan under the Owners Corporations Act 2006.

30. Whether any owners corporation has a maintenance fund under the Owners Corporations Act 2006 and, if so, the balance at the end of the last financial year or for the last quarter if that is the only available figure.

31. Details of any security system or emergency assistance system for the retirement village.

32. Whether residents can keep pets, including any restrictions.

33. Whether there are any restrictions on residents' and visitors' car parking.

34. Whether the retirement village is accredited by a recognised industry organisation.

35. Whether the retirement village has a residents committee established under the Act.

36. Whether the retirement village has a waiting list and, if so, whether there is any fee and, if so, whether it is refundable on entry.

37. A reference to retirement village information on the website of Consumer Affairs Victoria.

38. A statement of the documents that can be inspected free of charge under section 18B of the Act and regulation 11 of these Regulations.

39. A statement of the correctness of the information in the factsheet as at the date provided.

Sch. 2



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Sch. 2 Pt C revoked by S.R. No. 170/2013 reg. 8.



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ENDNOTES

1. General Information The Retirement Villages (Records and Notices) Regulations 2005, S.R. No. 162/2005 were made on 13 December 2005 by the Governor in Council under section 43 of the Retirement Villages Act 1986, No. 126/1986 and came into operation on 30 January 2006: regulation 3.

The Retirement Villages (Records and Notices) Regulations 2005 will sunset 10 years after the day of making on 13 December 2015 (see section 5 of the Subordinate Legislation Act 1994).

Endnotes



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2. Table of Amendments This Version incorporates amendments made to the Retirement Villages (Records and Notices) Regulations 2005 by statutory rules, subordinate instruments and Acts.

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Retirement Villages (Records and Notices) (Amendment) Regulations 2006, S.R. No. 93/2006

Date of Making: 25.7.06 Date of Commencement: 25.7.06

Retirement Villages Amendment (Records and Notices) Regulations 2013, S.R. No. 170/2013

Date of Making: 17.12.13 Date of Commencement: 1.7.14: reg. 3

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Endnotes



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3. Explanatory Details No entries at date of publication.

Endnotes