Retirement Villages (Records and Notices) Regulations 2015FILE/15-147sr001.docx · Web view(5)The manager must, as soon as practicable after the relevant event, place in the file

Version No. 001

Retirement Villages (Records and Notices) Regulations 2015

S.R. No. 147/2015

Version as at12 December 2015

TABLE OF PROVISIONSRegulation Page

1 Objectives 12 Authorising provision 13 Commencement 14 Revocations 25 Definitions 26 Matters for inclusion in disclosure statement 27 Retirement village notice 38 Factsheet relating to a retirement village 39 Documents to be made available for inspection 310 Procedure for dealing with management complaints and

resident disputes 4

Schedules 7

Schedule 1—Additional information to be contained in a retirement village notice 7

Schedule 2—Information required for factsheet 8

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Endnotes 13

1 General information 13

2 Table of Amendments 14

3 Amendments Not in Operation 16

4 Explanatory details 17

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Version No. 001

Retirement Villages (Records and Notices) Regulations 2015

S.R. No. 147/2015

Version as at12 December 2015

1 Objectives

The objectives of these Regulations are—

(a) to prescribe matters to be included in a disclosure statement; and

(b) to prescribe matters to be included in a retirement village notice; and

(c) to prescribe matters to be included in a factsheet; and

(d) to 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

(e) to set out a procedure for dealing with management complaints and resident disputes in retirement villages.

2 Authorising provision

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

3 Commencement

These Regulations come into operation on 12 December 2015.

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4 Revocations

The following regulations are revoked—

(a) the Retirement Villages (Records and Notices) Regulations 20051;

(b) the Retirement Villages (Records and Notices) (Amendment) Regulations 20062;

(c) the Retirement Villages Amendment (Records and Notices) Regulations 20133.

5 Definitions

In these Regulations—

the Act means the Retirement Villages Act 1986.

6 Matters for inclusion in disclosure statement

For the purposes 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;

(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;

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

(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.

7 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 Schedule 1.

8 Factsheet relating to a retirement village

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

9 Documents to be made available for inspection

For the purposes of section 18B(1) of the Act, the prescribed 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;

(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 3 financial years of the village;

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(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.

10 Procedure for dealing with management complaints and resident disputes

(1) For the purposes of section 38E(4) or 38F(4) of the Act, the procedure for dealing with management complaints and resident disputes is set out in this regulation.

(2) A manager of a retirement village must—(a) establish a separate physical file or electronic

file for each management complaint and each resident dispute in the village; and

(b) immediately record in the file—

(i) the date the file was opened; 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

(vii) copies of any correspondence or other documentation given to the manager by the resident.

(3) The manager must, 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

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steps the manager intends to take and the date by which the manager will advise the resident further.

(4) The manager must, as soon as practicable after each subsequent occasion on which the manager advises the resident of—

(a) the manager's understanding of any relevant issues to be resolved; or

(b) steps the manager intends to take or has taken; or

(c) 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.

(5) The manager must, as soon as practicable after the relevant event, place in the file as applicable—

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

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

(c) either a copy of—

(i) 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

(ii) 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

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reasons and advising the resident that they may contact Consumer Affairs Victoria for assistance or seek independent legal advice.

(6) The manager must retain the file for 7 years from the date the complaint or dispute is recorded.

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Schedules

Schedule 1—Additional information to be contained in a retirement village notice

Regulation 7

1 The name of the owner of the land

(1) For land that is under the operation of the Transfer of Land Act 1958 and in an identified folio under that 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.

(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.

(3) For land that is not under the operation of the Transfer of Land Act 1958—the name of the person who (alone or with others) is the owner of an estate in fee simple in respect of the land.

2 Signatures

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

3 Date

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

Retirement Villages (Records and Notices) Regulations 2015S.R. No. 147/2015

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Schedule 2—Information required for factsheet

Regulation 8

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.

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 the person or body commenced to be the manager.


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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.


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


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

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 of that fund 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.


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38 A statement of the documents that can be inspected free of charge under section 18B of the Act and regulation 9 of the Retirement Villages (Records and Notices) Regulations 2015.

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

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Endnotes1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

The Retirement Villages (Records and Notices) Regulations 2015, S.R. No. 147/2015 were made on 8 December 2015 by the Governor in Council under section 43 of the Retirement Villages Act 1986, No. 126/1996 and came into operation on 12 December 2015: regulation 3.

The Retirement Villages (Records and Notices) Regulations 2015 will sunset 10 years after the day of making on 8 December 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B).


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http://www.legislation.vic.gov.au/

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).


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2 Table of AmendmentsThere are no amendments made to the Retirement Villages (Records and Notices) Regulations 2015 by statutory rules, subordinate instruments and Acts.


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3 Amendments Not in OperationThere are no amendments which were Not in Operation at the date of this publication.


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4 Explanatory details


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1 Reg. 4(a): S.R. No. 16/2005 as amended by S.R. Nos 93/2006 and 170/2013.2 Reg. 4(b): S.R. No. 93/2006.3 Reg. 4(c): S.R. No. 170/2013.