Retirement Villages Amendment Regulations 2015 (WA)

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WESTERN	993
AUSTRALIAN
GOVERNMENT

ISSN 1448-949X (print) ISSN 2204-4264 (online)

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PERTH, TUESDAY, 24 MARCH 2015 No. 42 SPECIAL

PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 11.30 AM

© STATE OF WESTERN AUSTRALIA

Retirement Villages Act 1992

Retirement Villages Amendment

Regulations 2015

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.             Citation

These regulations are the Retirement Villages Amendment
Regulations 2015.

2.             Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b)	regulations 3, 4, 5, 7, 9, 10, 11 and 15 — on 1 April 2015;
(c)	the rest of the regulations — on 1 October 2015.

3.             Regulations amended

These regulations amend the Retirement Villages
Regulations 1992.

4.             Part 1 heading inserted

Before regulation 1 insert:

Part 1 — Preliminary matters

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5.             Regulations 3A and 3 inserted

After regulation 2 insert:

3A. Payments excluded from premium

(1)	In this regulation —
payment means a payment that is paid to the administering body of a retirement village in consideration for, or in contemplation of, admission of
the person by or on whose behalf the payment was made as a resident in the retirement village.
(2)	A payment is excluded from the ambit of the definition of premium in section 3(1) of the Act if —

(a)	the payment relates to admission of a person as a resident of a retirement village for a period of 12 months or less; and
(b)	the total amount of the payment and each other payment (if any) that is paid in respect of that admission is an amount of $1 500 or less.

3.             Memorial prescribed information

The memorial approved by the Registrar of Titles
under section 15(3) of the Act must contain the
following information —

(a)	a description of the relevant land;
(b)	the name of the registered proprietor of the land;
(c)	the date on which the memorial is lodged.

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6.             Part 2 heading, Part 2 Division 1 and Part 2 Division 2 heading inserted

Before regulation 4 insert:

Part 2 — Residence contracts

Division 1 — Preliminary

4A.	Terms used
In this Part —
arrange, in relation to carrying out work, includes supervision of the carrying out of the work;
Code means the Code of Fair Practice for Retirement Villages 2015 set out in the Fair Trading (Retirement Villages Code) Regulations 2015 Schedule 1;
communal amenity means any amenity provided or made available by the administering body of a retirement village for the use of all residents of the village;
communal service means any service provided or made available by the administering body of a retirement village to all the residents of the village that —

(a)	is not provided or made available under a separate service contract; and
(b)	is not an administrative or management service; and
(c)	is not a service for the maintenance or repair of a residential premises or personal amenity; and
(d)	is not a communal amenity; and
(e)	is not a personal service;

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exit fee means a fee or charge, other than a recurrent
charge, payable by or on behalf of a resident to the

administering body of a retirement village on —

(a)	the resident permanently vacating residential premises in the retirement village; or
(b)	the settlement of the sale of the resident’s right

to reside in the residential premises;

Note, followed by a number, means the note of that
number in the Notes section of the residence contract

set out in Schedule 2 clause 2;

personal amenity means any amenity provided or
made available for the use of a resident by the
administering body of a retirement village, other

than —

(a) the residential premises; and

(b)	an amenity that forms part of, or is provided or made available with, the residential premises; and
(c)	communal amenities in the retirement village;

personal service means any service provided or made
available by the administering body of a retirement

village to a resident of the village that —

(a)	is not provided or made available under a separate service contract; and
(b)	is not a personal or communal amenity;

reserve fund has the meaning given in the Code;

specified means specified in a residence contract.

4B.	Form of residence contract
A residence contract must —

(a)	be written in plain English; and
(b)	be printed in not less than 12 point type; and

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(c) be set out clearly and logically and include —

(i) appropriate headings and subheadings;
and

(ii) numbered provisions; and

(iii)      a table of contents;

and
(d)	if words and phrases used in the contract are used in the Act, these regulations or the Code, use those words and phrases consistently with the meanings in the Act, regulations or Code, as relevant.

Division 2 — Section 13 requirements

7.             Regulation 6 deleted

Delete regulation 6.

8.             Regulation 6 and Part 2 Division 3 inserted

After regulation 5 insert:

6.             Section 13 information

(1) For the purposes of section 13(2)(e) of the Act the
following documents are prescribed —

(a) a copy of the residence contract and each other contract that the resident will be required to enter into in order to reside in the retirement village, including details of the payments to be made by the resident under each contract;

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(b) if the residence contract relates to a retirement village that is already operating —

(i) for the previous financial year have

if the financial statements of the village financial statements and the audit report; and

(ii)      if the financial statements of the village for the previous financial year have not been audited — a copy of the unaudited financial statements; and

(iii)      a copy of the operating budget for the village for the current financial year; and

(iv)      if the village has a reserve fund — a copy of the reserve fund budget for the current financial year;

(c) if the residence contract relates to a retirement village that is not yet operating —

(i)      a copy of the proposed operating budget for the first year of operation of the village; and

(ii)      if the village is to have a reserve fund that will receive income from recurrent charges in the first year of operation of the village — a copy of the proposed reserve fund budget for the first year of operation of the village;

(d) are comprised in a strata plan or survey-strata

if the residence contract relates to premises that Act 1985 —

(i)      a copy of the by-laws of the relevant strata company; and

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(ii)      an authority to apply to the strata company under the Strata Titles Act 1985 section 43.

(2) A document referred to in subregulation (1)(b)(iv) is
not a prescribed document in respect of a residence
contract to be entered into by a person if —

(a)

the contract relates to residential premises in a 1 April 2015; and

(b) the person enters into the residence contract before 1 July 2016.

Division 3 — Matters to be included in

residence contract

7A.	General matters to be included in residence contract
A residence contract must include the general provisions or matters listed in the Table.

Table

Item General provision or matter

1.          A boxed statement in 16 point type about the terms of access to aged care services under the Aged Care Act 1997 (Commonwealth) as set out in Schedule 2 clause 1.

2.          A separate definitions provision containing the definitions of words and phrases used in the contract, including words and phrases that are defined in the Act, these regulations and the Code.

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Item General provision or matter

3.          A separate Notes section as set out in Schedule 2 clause 2.

4.          In a prominent place in the contract, a boxed statement in 16 point type about seeking independent advice as set out in Schedule 2 clause 3.

5.          A statement that refers the resident to the Act, these regulations and the Code and the rights of the resident under that legislation including a reference to —

(a) the right set out in the Code to be consulted on, and have access to information about, the administrative and

financial arrangements of the retirement

village; and

(b) the rights set out in the Code in relation to processes available to the resident for the resolution of disputes in relation to the

retirement village; and

(c) a reference to Note 1.

6.

A provision detailing the registration number of village lodged with the Registrar of Titles under section 15(3) of the Act.

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Item General provision or matter

7.          A provision setting out the legal basis of occupancy of the residential premises.

Examples:

(a)	as a non-owner resident under a residential tenancy agreement or another lease or licence arrangement;
(b)	as the owner of the premises in a strata

scheme or survey-strata scheme;

(c) as a tenant in common in a purple title

scheme that applies to the village.

8.          A provision setting out the type of residential premises the resident will be occupying in the village.

Examples:

(a) a self-care or independent living unit;

(b) a serviced unit.

9.

Pa

Plans that show the location, floor plan and

significant dimensions of the residential
premises and any amenity that forms part of, or
is provided or made available with, the
residential premises.

10.

A provision setting out the period of residency in the retirement village provided for under the contract.

Examples:

(a)	a lease for life tenancy;
(b)	a fixed term tenancy for a specified period.

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Item General provision or matter

11.        If the contract provides for a period of residency of a fixed term, a provision stating that the resident’s financial rights and

obligations under the contract will not be
affected if the residence contract is renewed or
extended.

12.        A description of the internal and external fixtures, chattels and amenities that are, or are to be, provided or made available in the residential premises to be occupied by the resident.

13.        If a fixture or chattel is to be provided or made available after the resident has entered into occupation of the residential premises —

(a) a statement of the latest date by which the

fixture or chattel is to be provided or made

available; or

(b)	if the provision or availability of a fixture
or chattel is dependent on the happening of an event, a description of the event.

14.        If the residence contract relates to residential premises in an existing retirement village, a warranty that the residential premises will be in a reasonable condition when the resident takes possession.

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Item General provision or matter

15.        A provision setting out the circumstances in which a resident may terminate a residence contract after the cooling-off period and the arrangements that relate to such a termination

including —

(a)	liability for any recurrent charges after the termination; and
(b)	the period for which that liability will continue; and
(c)	any other costs or charges relating to the premises for which the resident may be liable; and
(d)	a reference to Note 2.

16.        A schedule in a form approved by the Commissioner setting out a summary of the provisions of the Act relating to termination of a residence contract and the resident’s right of occupation under a residence contract.

17.        A provision that the administering body may only terminate a residence contract in accordance with the Act.

7B.	Matters relating to personal amenities to be included in residence contract
A residence contract must include the provisions or matters listed in the Table relating to personal amenities that are to be provided or made available under the contract.

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Table

Item Provision or matter relating to

personal amenity

1.       A list of —

(a)	the personal amenities that will be provided or made available for the exclusive use of the resident; and
(b)	the amenities the administering body provides or makes available in the retirement village that may be made available as a personal amenity for the exclusive use of the resident and the conditions on which those amenities would be made available to the resident.

Examples:
(a) garage or carport;
(b) storage areas;

(c) gardening areas.

2.          A provision setting out the charges that will apply to the resident’s access to, or use of, any

personal amenity including —

(a)	the basis for the determination of current and future additional charges for providing the personal amenity or making the personal amenity available; and
(b)	any additional charges that may be payable by the resident for a variation in the provision or the availability of the personal amenity.

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Item Provision or matter relating to

personal amenity

3.          A provision setting out the period of notice that the resident must give to the administering body to vary the provision or the availability of the personal amenity.

4.          A provision that the administering body will not, without the consent of the resident, vary the provision or availability of a personal

amenity to the resident except in circumstances
specified in the contract.

5.          A provision setting out —

(a)	the circumstances in which the provision or availability of a specified personal amenity may be withdrawn by the administering body, which must be reasonable having regard to the nature of the amenity and the circumstances in which the amenity is provided or made available; and
(b)	the period of notice to be provided to the resident of the intention to withdraw the amenity, which must not be less than

30 days.

6.          Plans that show the location, size and features of each personal amenity to be provided or made available under the contract.

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Item Provision or matter relating to

personal amenity

7.          If an amenity referred to in item 1 is to be provided or made available as a personal amenity after the resident has entered into

occupation of the residential premises —

(a)	a statement of the latest date by which the amenity is to be provided or made available; or
(b)	if the provision or availability of an amenity is dependent on the happening of an event, a description of the event.

8.          A reference to Note 1.

7C.	Matters relating to communal amenities to be included in residence contract
A residence contract must include the provisions or matters listed in the Table relating to communal amenities to be provided or made available under the contract.

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Table

Item Provision or matter relating to

communal amenity

1.          A list of the communal amenities that are part of, or will be part of, the retirement village.

Examples:

(a) club or meeting room;

(b) swimming pool;

(c) bowling green;

(d) men’s shed.

2.          If a communal amenity is to be provided or made available after the resident has entered into occupation of the residential premises —

(a)	a statement of the latest date by which the communal amenity is to be provided or made available; or
(b)	if the provision or availability of a communal amenity is dependent on an event, a description of the event.

3.

Plans that identify all the buildings and grounds amenities available for the use of the resident.

4.          A provision that the administering body will not vary the provision or availability of any communal amenity unless the residents of the

village, by a special resolution, consent to the
variation.

5.          A reference to Note 1.

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7D.	Matters relating to personal services to be included in residence contract
A residence contract under which personal services are to be provided or made available to the resident must include the provisions or matters listed in the Table in relation to the personal services.

Table

Item Provision or matter relating to

personal services

1.          A list of —

(a)	the personal services that will be provided or made available for the use of the resident; and
(b)	the services the administering body provides or makes available in the retirement village that may be made available as a personal service for the use of the resident and the conditions on which those services would be made available to the resident.

2.          A provision setting out the charges that will apply to the resident’s access to, or use of, any

personal service including —

(a) and future additional charges for providing

the basis for the determination of current personal service available; and

(b) any additional charges that may be payable by the resident for a variation in the provision or the availability of the personal service.

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Item Provision or matter relating to

personal services

3.          A provision setting out —

(a) the circumstances in which a specified personal service may be withdrawn or varied by the administering body, which

must be reasonable having regard to the
nature of the service and the circumstances
in which it is provided or made available;

and

(b) the period of notice to be provided to the resident of the intention to withdraw or vary the service, which must not be less than 30 days.

4.          A provision setting out the period of notice that the resident must give to the administering body to vary the provision of a personal service.

5.          A provision that the administering body will not vary the provision of any personal service unless —

(a)	the variation is in circumstances set out in accordance with item 3 and after the period of notice provided for in that item has ended; or
(b)	the resident has consented to the variation.

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Item Provision or matter relating to

personal services

6.          A provision that the resident will not be liable to pay for a personal service that the resident does not use if —

(a)	the residence contract has been terminated; or
(b)	the resident has permanently vacated the residential premises; or
(c)	the resident has temporarily ceased to reside in the residential premises.

7.          A reference to Note 1.

7E.	Matters relating to communal services to be included in residence contract
A residence contract under which communal services are to be provided or made available to the resident must include the provisions or matters listed in the Table in relation to the communal services.

Table

Item Provision or matter relating to

communal services

1.          A description of each communal service that is or is to be provided or made available to the resident.

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Item Provision or matter relating to

communal services

2.          If a specified communal service is to be provided or made available after the resident has entered into occupation of the residential premises —

(a)	a statement of the latest date by which the service is to be provided or made available; or
(b)	a description of an event, the happening of which the provision or availability of the service depends on.

3.          A provision that the administering body will not vary the availability of communal services, including by providing a new communal service, unless the residents of the village, by a special resolution, consent to the variation.

4.          A reference to Note 1.

7F.	Financial matters to be included in residence contract
A residence contract must include the financial provisions or matters listed in the Table.

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Table

Item Financial provision or matter

1.          A provision setting out any premium payable by the resident in relation to a right to occupy residential premises in the retirement village

including a description of any amenities
forming part of, or provided or made available
with, the residential premises that are covered
by the premium.

2.

A provision setting out the right of the resident termination of the residence contract including —

(a)	the method of calculation used to determine the repayment; and
(b)	when and how the repayment is to be made; and
(c)	any exit fee, commission or other charges for which the resident may be liable before the premium is repaid and if relevant, the method of calculation used to determine the amount of the exit fee, commission or charge; and
(d)	an explanation of the purpose of each exit fee, commission or charge referred to in paragraph (c) including a description of any services or amenities to which the exit fee, commission or charge relates; and
(e)	when and how the exit fee, commission or charge is payable by the resident; and
(f)	a reference to Note 3.

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Item Financial provision or matter

3.          A provision setting out payments to be made by the resident on a recurrent basis towards the operating costs or expenses of the village including —

(a)	a description of any amenities or services to which the operating costs or expenses relate; and
(b)	the basis for the determination of the current and future amounts of any payments; and
(c)	details of when the payments are to be made; and
(d)	whether the resident will be liable for any of the payments if the resident permanently vacates the residential premises and another person has not been admitted to occupation of the premises under the retirement village scheme and if so, how long the resident will be liable for the payment; and
(e)	a reference to Note 2.

4.          A provision setting out any payments to be made by the resident on a recurrent basis that are not payments referred to in item 3 including —

(a)	a description of the purpose of the payments; and
(b)	the basis for the determination of the current and future amounts of the payments; and

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Item Financial provision or matter

(c)	details of when the payments are to be made; and
(d)	whether the resident will be liable for any of the payments if the resident permanently vacates the residential premises and another person has not been admitted to occupation of the premises under the retirement village scheme and if so, how long the resident will be liable for the payment; and
(e)	a reference to Note 2.

5.          A provision setting out the details of any reserve fund operating in respect of the retirement village, including the following —

(a)	the purpose of the fund;
(b)	any payment the resident is required to make to the fund in the form of —

(i)    recurrent charges; or

(ii)  an amount to be deducted from the premium repayable to the resident after the resident permanently vacates

the premises;

(c)	any payment the administering body is required to make to the reserve fund under section 23(5) of the Act;
(d)	the amount and source of any other income used to meet expenditure from the reserve fund;

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Item Financial provision or matter

(e)

the method of calculation used to referred to in paragraphs (b) to (d);

(f) a reference to Note 2.

6. renovation or replacement work in respect of
buildings, structures, fixtures, chattels and

If the costs of carrying out maintenance, repair, out of a reserve fund operating in respect of the retirement village, a provision setting out —

(a)	the contributions to be made by the resident and by the administering body to those costs; and
(b)	the method of calculation used to determine the contributions to the costs; and
(c)	how any contribution to the costs by the resident is to be paid.

7.          A provision setting out —

(a)	who is responsible for the cost of any independent audit of the annual financial statements of the retirement village carried out in accordance with the Code; and
(b)	if the cost is to be shared between the administering body and the residents, how such costs are to be apportioned between the administering body and the residents.

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7G.	Matters relating to condition of premises to be included in residence contract
A residence contract must include the provisions or matters listed in the Table relating to the condition of the residential premises and village infrastructure covered by the contract.

Table

Item Provision or matter relating to

condition of premises

1.          A provision setting out —

(a)	who is responsible for arranging to carry out maintenance, repair or replacement work to ensure that the residential premises and any fixtures, chattels and capital items included in, or attached or connected to, the residential premises are maintained in a reasonable condition during the occupation of the premises; and
(b)	the contributions to be made by the resident and by the administering body to the costs of carrying out the work referred to in paragraph (a); and
(c)	if the resident is required to make a contribution to the costs of carrying out the work, the procedures to be followed in obtaining the consent of the resident to the carrying out of the work and the cost of the work; and

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Item Provision or matter relating to

condition of premises

(d)	if the resident does not agree with the cost of work that is to be arranged by the administering body and paid for by the resident, a provision that the resident may instead arrange for the work to be carried out at the expense of the resident; and
(e)	how any contribution to the costs by the resident is to be paid; and
(f)	a reference to Note 3.

2.          A provision setting out —

(a) who is responsible for arranging to refurbish the residential premises in accordance with the Code if the resident

permanently vacates the premises; and

(b)	the contributions to be made by the resident and by the administering body to the costs of carrying out the work referred to in paragraph (a); and
(c)	how any contribution to the costs by or on behalf of the resident is to be paid; and
(d)	a reference to Note 3.

3.          A provision setting out —

(a)	who is responsible for arranging to carry out maintenance, repair, renovation or replacement work in respect of buildings, structures, fixtures, chattels and other capital items in the village, other than those referred to in item 1; and
(b)	a reference to Note 3.

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Item Provision or matter relating to

condition of premises

4.          A provision that the resident may apply to the administering body for approval to add a fixture or chattel to, or remove a fixture or chattel from, the residential premises (the alteration) and that the administering body must —

(a)	not unreasonably withhold approval for the alteration; and
(b)	if the alteration is not approved — notify the resident in writing of the decision and the reasons for it no later than 10 days

after a decision is made; and

(c) if the alteration is approved — notify the resident in writing.

5.          A provision that the administering body must include, in its notification to a resident of the approval of an application for an alteration, a statement of the terms and conditions that

apply to the approval, which must include the
following matters —

(a) who is responsible for arranging for the alteration;

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Item Provision or matter relating to

condition of premises

(b) if the work is to be arranged by the administering body and paid for by the resident, a provision that the work must not commence unless the resident and the administering body have agreed on the cost of the work on the basis of —

(i)

a written quotation for the work to the resident; or

(ii)  if the resident does not agree to that quotation — another quotation obtained by the resident;

(c)	who is responsible for the cost of maintaining or repairing any fixture or chattel the subject of the approval;
(d)	the circumstances in which the return of the residential premises to the condition they were in before the alteration took
place (having regard to the age and character of the premises) may be allowed or required;
(e)	who is responsible for the costs of any work required to return the residential premises to the condition they were in before the alteration took place;
(f)	the circumstances in which the resident may be liable to pay for any damage to the residential premises caused by the carrying out of the alteration or the work to return the premises to the condition they were in before the alteration took place.

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7H. Matters relating to urgent repairs to be included in
residence contract

(1)	In this regulation —
essential service means each of the following —

(a) electricity;
(b) gas;

(c) refrigeration;

(d)	sewerage, septic tank or other waste water management treatment;
(e)	water, including the supply of hot water;

urgent repair means a repair that is necessary —

(a) for the supply or restoration of an essential service; or

(b) to avoid —

(i)      risk of injury to a resident; or

(ii)      damage to the residential premises; or

(iii)      the residential premises being or becoming unsafe or insecure; or

(iv)      undue hardship to a resident.

(2) A residence contract must include the following
provisions in relation to urgent repairs to the residential
premises —

(a) a provision that the resident is entitled to arrange for urgent repairs that are the responsibility of the administering body to be carried out on any fixtures, chattels or capital items included in, or attached or connected to, the residential premises on behalf of the administering body if —

(i)      the resident has made all reasonable attempts to notify the administering

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body of the need for the urgent repairs;
and

(ii)      the administering body has failed to carry out the urgent repairs in a timely manner having regard to the nature of the repairs and any process established by the administering body for the carrying out of urgent repairs; and

(iii)      the resident arranges for the urgent repair work to be carried out in accordance with any process established by the administering body for the carrying out of urgent repairs; and

(iv)      the resident arranges for the urgent repair work to be carried out by a repairer who is on a list of repairers approved by the administering body and displayed at a prominent place in the village, or if no such list is displayed, by a repairer qualified to undertake repairs of that nature;

(b) a provision that if a resident arranges for urgent repairs to be carried out in accordance with paragraph (a), the administering body will be responsible for payment for the repairs including reimbursement to the resident of any amount paid by the resident in respect of the repairs.

(3) Subregulation (2) does not apply if the residence
contract provides for the resident, as the occupier of
residential premises in a retirement village, to have an
interest in the retirement village as an owner of the lot
on which the retirement village is located under the
Strata Titles Act 1985.

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Division 4 — Matters not to be included in

residence contract

7I. Provisions relating to certain powers of attorney not
be included in residence contract

(1)	In this regulation —
administering body, in relation to a retirement village, includes an agent or employee of the administering body or any person concerned with the administration of the retirement village;
close associate, in relation to an administering body, means any of the following —

(a) if the administering body is a natural person —

(i)      the spouse, de facto partner, parent, child or sibling of the administering body;

(ii)      the parent, child or sibling of the spouse or de facto partner of the administering body;

(iii)      a body corporate, if a person referred to in subparagraph (i) or (ii) is a director or secretary of the body corporate or a

person involved in the management of
the body corporate;

(b) if the administering body is a body corporate —

(i)      a director or secretary of the body corporate or of a related body corporate;

(ii)      a person involved in the management of the body corporate or of a related body corporate;

(iii)      the spouse, de facto partner, parent, child or sibling of a person referred to in subparagraph (i) or (ii);

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(iv)      the parent, child or sibling of the spouse or de facto partner of a person referred to in subparagraph (i) or (ii);

(v) a related body corporate;

power of attorney includes an enduring power of
attorney as defined in the Guardianship and
Administration Act 1990 section 102;

related body corporate has the meaning given in the Corporations Act 2001 (Commonwealth) section 9.

(2) A residence contract must not include a provision that
requires a resident to give a power of attorney to
another person —

(a)	as a condition of the resident being admitted to occupation of the residential premises; or
(b)	during the resident’s occupation of the

residential premises; or

(c) after the resident has permanently vacated the residential premises.

(3) Subregulation (2) does not apply if the requirement to
give a power of attorney is a requirement to give a
power of attorney created under the Guardianship and
Administration Act 1990 by an instrument referred to in
section 104(1)(b)(ii) of that Act to a person who is
not —

(a)	the administering body of the retirement village; or
(b)	a close associate of the administering body; or
(c)	a person nominated by the administering body.

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(4) A residence contract must not include a provision
under which the administering body —

(a) can accept a power of attorney given by the resident unless —

(i)      the power of attorney is a limited power of attorney given to the administering body for the purpose of granting an exclusive right of occupation of particular residential premises to a new resident who is a tenant in common in a purple title scheme that applies to the village; or

(ii)      the administering body is a natural person who is a relative of the resident;

or

(b) can nominate a person to be the donee of a power of attorney given by the resident unless —

(i) of attorney that is a limited power of
attorney given to the administering body

the nomination is in respect of a power right of occupation of particular residential premises to a new resident who is a tenant in common in a purple title scheme that applies to the village; or

(ii)      the resident is a relative of the person nominated.

7J. Matters relating to variation and notice not to be
included in residence contract

(1) A residence contract must not include a provision that allows for the contract to be varied without the consent

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of the resident unless the variation is required for the

purposes of compliance with a written law.

(2) A residence contract must not include a provision that
requires a resident to give a period of notice of more
than 30 days of the resident’s intention —

(a)	to vary the provision or availability of a personal amenity or personal service; or
(b)	to terminate the contract; or
(c)	to permanently vacate the residential premises occupied by the resident.

(3) A residence contract must not include a provision that
provides for residential premises to be permanently
vacated other than in the circumstances set out in the
definition of permanently vacated in section 23(1) of
the Act.

7K. Financial matters not to be included in residence
contract

(1)	A residence contract must not include a provision that requires a resident, while the resident occupies the residential premises or on the resident’s permanent vacation of the residential premises, to contribute to the costs of all or part of any maintenance, repair, replacement or renovation of the residential premises that would exceed or be inconsistent with the requirements in relation to refurbishment work set out in the Code.
(2)	A residence contract must not include a provision that requires a resident, either while the resident occupies the residential premises or on the resident’s permanent
vacation of the residential premises, to pay for any damages to the residential premises caused by the carrying out of an alteration arranged by the
administering body.

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(3) A residence contract must not include a provision for
an exit fee (including an exit fee that is payable as a
contribution to a reserve fund established in relation to
the retirement village) that is to be calculated by
reference to a period of time to be calculated on any
basis other than on a pro-rata daily basis in respect of
the applicable period of time.

7L.	Application of section 6(2) of the Act
Section 6(2) of the Act does not have effect in relation to a provision listed in the Table.

Table

r. 7C Table it. 4	r. 7E Table it. 3
r. 7H	r. 7I
r. 7J	r. 7K

9.             Part 3 heading inserted

Before regulation 7 insert:

Part 3 — Abandoned goods

10.           Part 4 heading inserted

After regulation 8 insert:

Part 4 — Other matters

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11.           Regulation 10 amended

In regulation 10(1) delete the definition of maximum rate and
insert:

maximum rate means the maximum permissible
interest rate worked out in accordance with the Fees
and Payments Principles made under the Aged Care
Act 1997 (Commonwealth) section 96-1.

12.           Regulation 11 amended

In regulation 11(3) and (4) delete “costs” (each occurrence) and
insert:

expenses

13.           Schedule 1 amended

In Schedule 1 Form 2 in the 2nd item under the heading
“UNDER SECTION 13 —” after paragraph (d) insert:

(e) the documents set out in the Retirement Villages Regulations 1992 regulation 6;

14.           Schedule 2 inserted

At the end of the regulations insert:

Schedule 2 — Provisions and matters that must be

included in residence contracts

[r. 7A]

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1.              Statement on terms of access to aged care services

The administering body of a retirement village cannot guarantee that —

(a)

any proposed residential aged care existing residential aged care facility will continue to be available; or

(b)	you will be allocated a place in, or have an automatic right of transfer to, any Commonwealth funded residential aged care facility (which provides accommodation for people who can no longer live independently); or
(c)	Commonwealth and/or State funded

you are eligible to receive support to assist people to continue to live independently).

Your entry to residential aged care facilities and your eligibility to receive aged care support services are subject to availability and to your ability to meet the eligibility and assessment requirements administered by the Commonwealth and/or State Government.

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Aged care facilities and services are not regulated
by the Retirement Villages Act 1992 (Western
Australia).

2.           Notes

NOTES
1.	The Retirement Villages Act 1992 Part 4 sets out circumstances in which an application may be made to the State Administrative Tribunal including in relation to the following matters —
(a) a residence contract’s compliance with a requirement of

the Retirement Villages Regulations 1992 (s. 55);

(b)	a dispute about a service contract or the variation or cancellation of the terms of a service contract (s. 56);
(c)	an increase in recurrent charges or imposition of levy (s. 57A);
(d)	the transfer of a resident to other accommodation in the retirement village (s. 57);
(e)	the termination of a resident’s occupation of a retirement

village (s. 58 and 59);

(f) the termination of a residence contract (s. 62 and 63).

2.        The Retirement Villages Act 1992 section 23 and the regulations made under that section set out limits to the liability of certain former residents of a retirement village to pay recurrent charges after permanently vacating residential premises in the village.

3. Retirement Villages Act 1992
section 25 set out matters in respect of which the administering

Regulations made under the payment from a resident or former resident of the retirement village.

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3.           Statement about seeking independent legal and financial advice

Prior to signing this contract you are strongly advised to obtain independent legal and financial advice about your rights and duties under the contract.

15.           Various references to “shall” amended

In the provisions listed in the Table delete “shall” and insert:

must

Table

r. 4	r. 5(1)
r. 5(2)	r. 7(2)
r. 7(3)	r. 7(6)
r. 7(8)	r. 8

R. KENNEDY, Clerk of the Executive Council.