Retirement Villages Amendment Regulations 2016 (WA)
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| WESTERN | 861 |
| AUSTRALIAN |
| GOVERNMENT |
ISSN 1448-949X (print) ISSN 2204-4264 (online) PRINT POST APPROVED PP665002/00041
862 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
r. 5
(b) does not require a payment of a total amount of more than $1 500 to the administering body of a retirement village in consideration for, or in contemplation of, admission of a person as a resident of the retirement village;
5. Regulation 4 replaced
Delete regulation 4 and insert:
4. Section 13 statement
(1) At least 10 working days before a person enters into a
residence contract, the owner must cause to be given to
that person —
(a)
if the residence contract is not a short-term residence contract, a statement in the form of Form 1 in Schedule 1; or
(b)
if the residence contract is a short-term residence contract, a statement in the form of Form 1A in Schedule 1.
(2) The owner, or person authorised to act on behalf of the
owner, must complete and sign the information
required to be provided under Form 1 or Form 1A.
6. Regulation 7A amended
(1) In regulation 7A delete “A residence” and insert: (1) A residence
23 March 2016 GOVERNMENT GAZETTE, WA 863 Retirement Villages Amendment Regulations 2016 r. 7
(2) At the end of regulation 7A insert:
(2) However, the matter listed in item 11 of the Table to
subregulation (1) does not apply to a residence contract
if the residence contract is a short-term residence
contract.7. Regulation 7C amended
(1) In regulation 7C delete “A residence” and insert: (1) A residence (2) At the end of regulation 7C insert:
(2) However, the matter listed in item 2 of the Table to
subregulation (1) does not apply to a residence contract
if the residence contract is a short-term residence
contract.8. Regulation 7D amended
(1) At the beginning of regulation 7D insert:
(1) In this regulation — associated person, in relation to an administering body,
means a person who is —
(a) an employee of the administering body; or (b)
a person concerned with the administration of the administering body; or
(c) a related body corporate.
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(2) In regulation 7D delete “A residence” and insert: (2) A residence (3) In regulation 7D in the Table delete item 3(b) and insert:
(b)
the period of notice to be provided to the resident of the intention to withdraw or vary the service —
(i)
which must not be less than 30 days; or
(ii)
which must be as soon as reasonably practicable if the administering body has engaged a person, who is not an associated person, to provide that
service and that person has not
provided the administering body
with notice of the intention to
withdraw or vary the service.
9. Regulation 7E amended
(1) In regulation 7E delete “A residence” and insert: (1) A residence (2) At the end of regulation 7E insert:
(2) However, the matter listed in item 2 of the Table to
subregulation (1) does not apply to a residence contract
if the residence contract is a short-term residence
contract.
23 March 2016 GOVERNMENT GAZETTE, WA 865 Retirement Villages Amendment Regulations 2016 r. 10
10. Regulation 7F amended
(1) In regulation 7F delete “A residence” and insert: (1) A residence (2) At the end of regulation 7F insert:
(2) However, the provisions or matters listed in items 1, 2, 5(b)(ii), 6 and 7 of the Table to subregulation (1) do not apply to a residence contract if the residence contract is a short-term residence contract. 11. Regulation 7G amended
(1) In regulation 7G delete “A residence” and insert: (1) A residence (2) At the end of regulation 7G insert:
(2)
However, the provisions listed in items 1 and 3 of the Table to subregulation (1) do not apply to a residence contract if the residence contract is a short-term
residence contract.
12. Regulation 7I amended
(1) In regulation 7I(1) delete the definition of related body
corporate.
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(2) In regulation 7I(1) in the definition of power of attorney delete
“section 102;” and insert:section 102. 13. Regulation 13 inserted
At the end of Part 4 insert:
13. Transitional provision — section 13 statement
(1) In this regulation — commencement day means the day on which the
Retirement Villages Amendment Regulations 2016
regulation 5 comes into operation;new section 13 statement means the statement in the
form of Form 1 in Schedule 1;previous section 13 statement means the statement in the form of Form 1 in Schedule 1 immediately before commencement day;
short-term section 13 statement means the statement in
the form of Form 1A in Schedule 1;transitional period means the period beginning on
commencement day and ending on 30 June 2016.(2)
During the transitional period, an owner complies with regulation 4 if the owner gives to a person entering into a residence contract —
(a) the previous section 13 statement; or (b) the new section 13 statement; or (c)
if the residence contract is a short-term residence contract, the short-term section 13 statement.
23 March 2016 GOVERNMENT GAZETTE, WA 867 Retirement Villages Amendment Regulations 2016 r. 14
14. Schedule 1 amended
In Schedule 1 delete Form 1 and insert:
Form 1
Retirement Villages Act 1992
[r. 4(a)]
Information statement for prospective resident
Under the Retirement Villages Act 1992 section 13(2) the owner of residential premises in a retirement village is required to provide the following information to a person at least 10 working days before that person enters into a residence contract.
THE OWNER MUST ANSWER EACH OF THE FOLLOWING
QUESTIONS IN WRITING BELOW EACH QUESTION —
Declaration by the owner
I [name]: ....................................................................................................... of [address]: ................................................................................................. being the owner, or a person authorised to act on behalf of the owner of ....................................................................................................................... [retirement village], certify that the information contained herein is to the best of my knowledge correct.
........................................................ ................................................ [Signature] [Date]
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Important notice to prospective resident
Before signing a residence contract it is important that you:
understand the enclosed information and its implications; read all the terms of the contract; seek independent legal advice, particularly if unsure about any
details in the contract; understand the legal basis of occupancy (e.g. a person who signs a
lease does not own the premises); understand the financial commitments involved, and in particular
entry fees, ongoing costs, and exit fees; consider whether you have had satisfactory responses to any
questions you ask; consider whether communal living in a retirement village is right
for you.Disclosure statement for prospective resident
The owner, or a person authorised to act on behalf of the owner, must complete all sections of this disclosure statement in writing.
1. Retirement Village
A
Name of the retirement village Name: ........................................... B
Address of the retirement Address: ........................................
village ....................................................... C
Has this village commenced Yes operation?
No
23 March 2016 GOVERNMENT GAZETTE, WA 869 Retirement Villages Amendment Regulations 2016 r. 14
D In which year was this village Construction of the first stage first constructed? was completed in .......... [year] Construction of subsequent [Insert stage number(s) and completed stages: year(s) of completion] ........................................................ ........................................................ If the construction of the [Insert stage number(s) and village is still to be completed, estimated date(s) for completion] provide estimated completion dates for each stage still to be ........................................................ constructed: ........................................................ E Aged care facility Is there an aged care facility
Yes adjacent to the village?
No Important notice to prospective residents: The administering body cannot guarantee a resident a place in an aged care facility. To enter an aged care facility, a resident must be assessed as eligible through an aged care assessment in accordance with the Aged Care Act 1997 (Commonwealth).
2. Owner/administering body/management of the retirement village
A
Owner: details of the owner of Name: ............................................ the land on which the
retirement village facilities are ABN: .............................................
located (individual/company/ Address: .........................................
organisation): ........................................................
Tel. number(s): ..............................
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B Administering body: if the Name: ............................................ village is administered by a person or entity other than the ABN: ............................................. owner of the land, the details of
Address: ......................................... that individual/company/ ........................................................ organisation: Tel. number(s): .............................. C Management representative: If yes, provide details of when the
manager is available onsite andIs there a management how the manager can be representative available to contacted when not onsite residents? including before, during and Yes after working hours: Located onsite at
the village ........................................................
Located offsite ........................................................
No Name: ............................................
Address: ......................................... ........................................................
Tel. number(s): ..............................3. Nature of residential premises (specific to the prospective resident)
A
The type of Tick the type of residential premises the residential premises prospective resident proposes to occupy: is:
Bedsitter One-bedroom Two-bedroom Three-bedroom Other [specify type] ………...............
23 March 2016 GOVERNMENT GAZETTE, WA 871 Retirement Villages Amendment Regulations 2016 r. 14
B The nature of the Tick each box that applies: prospective
Lease, licence, rental (non-owner resident’s occupancy
right in relation to resident) the residential Lease for life premises that the resident proposes to Lease/Licence to occupy occupy is: (long-term) [state term]
................................................... Fixed term rental (short-term)
[state term] . ..............................
Periodic rental (short-term)
[state term] . ..............................
Strata title (owner resident) Purple title (owner resident/tenant in
common) Other [specify details] ......................
4. Parking amenities (specific to prospective resident’s proposed residential premises) visitors’ parking and parking for trailers, boats and caravans
A This section provides
information about the garage
and parking facilities that will
be provided with the resident’s
individual residential premises,
along with details of parking
for visitors, trailers, boats and
caravans.
872 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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Will the prospective resident If no, what are the parking have a reserved garage and/or arrangements? parking bay within the village?
Yes ....................................................... No .......................................................
.......................................................
Is there an additional amount If yes, provide a brief payable to the premium or explanation: through recurrent charges to access garage or parking ....................................................... facilities? .......................................................
Yes .......................................................
No Is there visitors parking
If yes, provide a brief explanation
available in the village? of how much visitors parking is
available: Yes ...................................................... .
No .......................................................
.......................................................
Is there trailer, boat and
caravan parking available for
the prospective resident touse?
Yes (subject to
availability) No
23 March 2016 GOVERNMENT GAZETTE, WA 873 Retirement Villages Amendment Regulations 2016 r. 14
Is there an additional amount If yes, provide a brief payable for parking a explanation: trailer/boat/caravan? .......................................................
Yes ....................................................... No .......................................................
Are there any other If yes, provide a brief arrangements in place for the explanation: parking of vehicles, trailers, boats or caravans? .......................................................
....................................................... Yes .......................................................
No At Annexure A provide a plan of the village indicating the location of residents’, visitors’, and
caravan and/or boat parking.
5. Premium (specific to the prospective resident) and other entry fees and charges 1
A
The prospective Tick each box that applies: resident must pay the
A premium 2 of: $ .........................
following entry
amounts in relation to
the proposed fully refundable residential premises: partially refundable
non-refundable
A deposit of: $ ......................... [Repayable if the contract is rescinded
during the cooling off period under
section 75(1)]
874 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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B Other entry amounts Tick each box that applies: and charges payable
Prepayment of a recurrent charge in relation to the residential premises
Transfer duty [strata title/purple title] include: First instalment of any fortnightly/monthly charges [number of weeks, months]
...............................................................
Any other entry fees and charges [Specify details, e.g. use of a garage
or carport, strata title certificate fees,
strata title levy adjustments,
administration fee]............................................................... ............................................................... ...............................................................
6. Ongoing amounts payable to the operator during occupation 3 (specific to the prospective resident and the residential premises that the resident has expressed interest in)
A
To live in the village, Tick those costs that apply:
the prospective Recurrent charges 4 per resident will be [week/fortnight/month] $ ................... required to pay the
following amounts: Reserve fund 5 charge per [week/fortnight/month] $ ...................
Tick whether the
following amounts [Provide further information about reserve apply to: fund contributions at item 11]
single occupant Any other charges per [week/fortnight/month] $ ...................
couple [specify other charges] $ ...................
23 March 2016 GOVERNMENT GAZETTE, WA 875 Retirement Villages Amendment Regulations 2016 r. 14
not dependent
on single / .................................... $ ...................... couple .................................... $ ..................... occupancy
NB: The amount Total amount payable
may vary each [week/fortnight/month] $
financial year .................... depending on
operating expenses.
B Other amounts 6 Tick each box that applies: relating to the
Contents insurance [see also item 12] residential premises that are currently
Council rates [not applicable to all
additional charges retirement villages 7] payable by the
resident: Other council charges 8 Water rates
Utilities (electricity and gas)
C Is the resident If yes, briefly explain the resident’s responsible for responsibilities including whether the repairs and resident is to organise the repairs and pay maintenance to the for the repairs: residential premises
....................................................................... . during their occupation of the ........................................................................ premises? ........................................................................ Yes ........................................................................ No ........................................................................
876 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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D This item only If there is a body corporate strata levy fee applies to strata title for the lot containing the residential villages. premises, tick each box that applies: Is there a body
The current body corporate strata levy
corporate strata levy fee for the lot containing the residential fee for the lot premises is per [week/fortnight/ containing the
month/quarter] $ .................... residential premises?
The body corporate strata levy fee is:
Yes
incorporated as a separate item in the
No recurrent charges to be paid by the
resident
charged separately from the recurrent
charges
Do communal If the communal amenities do not form part amenities form part of the common property in the village, state of the common who owns the lots containing those property in the amenities: village such that they are owned by the The communal amenities are on lots owned strata company? by: the administering body Yes
a third party
No Residents contribute to the body corporate strata levies payable in relation to the lots containing the communal amenities
through:
an item in the recurrent charges an amount that is charged separately the body corporate fee is included in
the recurrent charges at item 6A
23 March 2016 GOVERNMENT GAZETTE, WA 877 Retirement Villages Amendment Regulations 2016 r. 14
E How much have the recurrent charges, for the type of residential
premises the prospective resident has expressed interest in,
increased or decreased over the last 3 financial years 9?Specify if the amounts apply to a single occupant or to a couple or if not dependent on the number of occupants:
Single occupant Couple Not dependent on single/couple occupancy [Insert in the Table below the dollar amount and percentage increase or decrease (whichever applies) for each of the last 3 financial years 10. An explanation may also be provided]
..............................................................................................................
..............................................................................................................
..............................................................................................................
Financial Year e.g. e.g. e.g. e.g.
2011/12 2012/13 2013/14 2014/15
Recurrent charge
Increase/decrease over N/A previous financial year ($) Increase/decrease over N/A previous financial year
(%)
878 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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F The total recurrent charges village residents have contributed
towards operating expenses in the village and the amount of any
increase or decrease in each of the last 3 financial years are set out
in the following Table:[Insert in the Table below the dollar amount and percentage increase or decrease (whichever applies) for each of the last 3 financial years 11. An explanation may also be provided]
............................................................................................................
Financial Year e.g. e.g. e.g. e.g.
2011/12 2012/13 2013/14 2014/15
Total Recurrent charges
in the operating budget
Increase/decrease over N/A previous financial year ($) Increase/decrease over N/A previous financial year
(%)
23 March 2016 GOVERNMENT GAZETTE, WA 879 Retirement Villages Amendment Regulations 2016 r. 14
7 Exit fees 12 and other exit related matters
A Exit fees When are the exit fees payable? Are residents required .................................................................. to pay one or more exit fees after they have .................................................................. permanently vacated 13 Provide a short statement to describe their residential the structure of each fee structure, premises? including any formula that applies to
calculate the amount payable and
Yes whether the maximum amounts payable No are capped or uncapped so that it is
clear the extent to which an exit fee will
vary for example where it depends on
the length of residency in the village:..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
..................................................................
B Recurrent charges Tick each box that applies: Are residents required Recurrent charges must be paid until to pay recurrent the earlier of: charges after permanently vacating? For owner residents: settlement of the residential
Yes premises or within 7 days of a new No resident moving into the residential
premises. other [explain]
..........................................................
880 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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3 months after permanently vacating or evidence of death 14.
another time (less than 3 months) specified in the contract [specify timeframe] ………………............
C Refurbishment If yes, explain how the extent of costs 15 refurbishment work will be determined Do residents contribute and assessed and whether resident in whole or part to the contribution is in whole or in part: costs of refurbishment .................................................................. works to the residential premises when .................................................................. permanently vacating? ..................................................................
Yes ..................................................................
.................................................................. No ..................................................................
D Reserve fund If the village is strata titled, include
information about whether or not thereDo residents contribute is one or more sinking fund operating to an exit fee in relation to the village, for example contribution to a one relating to the retirement village reserve/sinking fund scheme under the Retirement Villages when permanently Act and one relating to the common vacating? property under the Strata Titles Act:
Yes .................................................................. No ..................................................................
[Provide further .................................................................. information about reserve fund .................................................................. contributions at .................................................................. item 11] ..................................................................
23 March 2016 GOVERNMENT GAZETTE, WA 881 Retirement Villages Amendment Regulations 2016 r. 14
E Other amounts If yes, list the expenses and if known, deducted the amounts:
Are there any other Expenses Amounts amounts payable to the
owner / administering
body that will be
deducted from the
amount of premium
repayable to the
resident?
Yes No
8. Arrangements for marketing, releasing or selling the residential premises
A Are residents liable to Tick each box that applies: pay an amount towards expenses incurred for The administering body manages
marketing, advertising, this process itself re-leasing or selling the The administering body may residential premises appoint one or more real estate that they occupied: agents to re-lease/sell the
residential premises on: Yes an exclusive basis
No [If no, move to item 9] a non-exclusive basis
Residents may appoint their own
agent
882 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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own agent but may nominate an agent that may then be appointed by the administering body:
Yes No
Provide a short statement to describe
the fees structure, including any
formula that applies to calculate the
amount payable for marketing,
advertising, releasing or selling the
residential premises and whether the
formula will vary according to, for
example length of residency in thevillage:
..................................................................
..................................................................
....................................................................................................................................
Explain any other arrangements that
may apply to disposing of the residentsinterest in the retirement village:
..................................................................
..................................................................
..................................................................
..................................................................
23 March 2016 GOVERNMENT GAZETTE, WA 883 Retirement Villages Amendment Regulations 2016 r. 14
Does the resident have the right to
agree/disagree regarding the amount set
for the incoming premium (sale
price/lease premium) payable for theresidential premises?
Yes No
9. Repayment of whole or part of premium
A Are residents entitled to The administering body must pay the be repaid the whole or resident the following amounts: part of the premium (or other amounts) paid on Tick each box that applies: entry after permanently
the whole of the premium
vacating the residential originally paid by the resident premises? ………….. [insert percentage] of
Yes the premium originally paid by the
resident No
the whole of any increase in the
[If no, move to
item 10A] value of the residential premises …………. [insert percentage] of
any increase in the value of the
residential premises
the whole premium a new resident
pays to secure a right to occupy
the premises formerly occupied by
the former resident ………… [insert percentage] of the premium a new resident pays to secure a right to occupy the
premises formerly occupied by the
former resident
884 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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[Insert a short statement to
explain the structure of any other
amounts payable to the resident
after the residential premises have
been permanently vacated
including any formula or method
used to determine the amountpayable]
.........................................................
.........................................................
Less
exit fees (referred to in
item 7A-7D) any other fees/charges (referred to
in item 7E)At Annexure B complete either estimated entitlements based on the resident permanently vacating after 1, 2, 5 and 10 years.
B Is repayment subject to If yes, tick each box that applies: any precondition?
Repayment is subject to the
Yes payment of a premium by a
resident that wishes to occupy the No residential premises of the former
resident
Repayment is subject to the
administering body “buying back”
the residential premises
23 March 2016 GOVERNMENT GAZETTE, WA 885 Retirement Villages Amendment Regulations 2016 r. 14
C When is the Tick the box that applies: administering body required to pay the The resident is to be paid the amount resident? owed by the administering body: within 45 days of the day on which the resident ceases to reside
in the retirement village
within 7 days of another person
occupying the premises formerly
occupied by the resident if another person does not occupy
the premises formerly occupied by
the resident, at another time
specified in the residence contractbeing:
[Insert details of when the
resident will be paid the amountowed by the administering body]
.........................................................
.........................................................
10. Village operating funds 16
A What amounts are Annexure C contains a copy of the allocated in the village’s operating budget for the village’s operating current financial year. budget for the current
financial year?
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B Did the village have an Tick the box that applies: operating surplus/deficit in the The village operating
last financial year for surplus in the last financial
year was: $............... which a financial statement 17 has been The village operating provided to residents? deficit in the last financial
year was: $............... Yes [Comment on any specific
No surplus/deficit budget
arrangements].......................................................... .......................................................... ..........................................................
11. Reserve fund(s) 18
A Does the village have If the village has more than one reserve at least one reserve fund state the types of reserve funds fund? held:
Yes ................................................................... No ...................................................................
[If no, move to ................................................................... item 12A]
Provide the total balance of each reserve fund at the end of the last financial year for which a financial statement has been
provided to residents 19: $................... $...................
$...................
23 March 2016 GOVERNMENT GAZETTE, WA 887 Retirement Villages Amendment Regulations 2016 r. 14
If the village does not have a reserve
fund(s), briefly explain how the costs of
capital works and maintenance are
managed:
......................................................................................................................................
B When do residents pay Tick the box that applies: the reserve fund
Via recurrent charges payable contribution? [specify weekly, fortnightly,
monthly]
..........................................................
On or after permanently vacating Both of the above
C The amount payable to Tick the box that applies: the reserve fund by the
[insert number] ........... % of: former resident after
permanently vacating premium paid by exiting is worked out as resident follows: premium paid by next
incoming resident Other basis [specify details]
..........................................................
..........................................................
..........................................................
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12. Insurance
A Does the administering Tick the box that applies: body pass on the costs
of insurance cover for If yes, insurance costs are paid via: the retirement village (listed at item 12C) to recurrent charges residents? a separate levy Yes No
B Are residents If yes, provide details of the types of responsible for insurance residents are responsible for arranging any arranging: insurance cover for the residential premises ................................................................... that they occupy? ...................................................................
Yes ...................................................................
................................................................... No ...................................................................
C The retirement village is currently insured as follows:
Type of Maximum Period of Excess
insurance amount of coverage payable in
insurance event of a
cover claim
Public liability
Workers
compensation
Building
(including
refurbishment)
23 March 2016 GOVERNMENT GAZETTE, WA 889 Retirement Villages Amendment Regulations 2016 r. 14
Other
[specify type]
13. Communal amenities
The following communal amenities 20 are available for all residents to use.
Tick each box that applies:
Club house/social Swimming pool Library centre
indoor Computer station
Separate amenities Activities or
outdoor
Place for worship
games heated Medical consultation
not heated
Arts and crafts room
Spa
Billiards Shop
indoor
Gym Hair salon
outdoor
Men’s Beauty salon
shed/workshop heated Village bus Bowling green not heated Other [specify
Tennis court BBQ area details] outdoors ............................ Restaurant . ........................... Dining room ............................
890 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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14. Communal and personal services
A This section provides At Annexure D is a list of communal
information about the services currently provided or made communal available in the village (one per line). The services 21 provided services listed at items 15 and 16 do not or made available to have to be included in Annexure D. all residents in the If communal services are not provided, village make a statement to the effect that the
administering body does not provide or
make available any communal services in
the village.
B This section provides At Annexure E is a list of personal information about the services currently provided or made personal services that available in the village and the current are currently fees charged for each service (one per provided or made line). available to residents If personal services are not provided, on an individual make a statement to the effect that the basis administering body does not provide or make available any personal services in the village. 15. Security
A Does the village have If yes, the security arrangements include: security arrangements in Security alarm place for the communal areas 22 of Locked gates the village? CCTV
Yes Security guard on site
23 March 2016 GOVERNMENT GAZETTE, WA 891 Retirement Villages Amendment Regulations 2016 r. 14
No Other [specify details] [If no, move to
item 16A].......................................................... .......................................................... ..........................................................
B Is there any If yes, specify details and frequency of monitoring of the monitoring: security arrangements listed ...................................................................... above? ......................................................................
Yes ......................................................................
...................................................................... No ......................................................................
16. Emergency system
A Does the village have If yes, provide details of the emergency an emergency call call system, including the name of the system operating in current provider: the village 23? ......................................................................
Yes ...................................................................... No ......................................................................
[If no, move to ...................................................................... item 17A] ......................................................................
......................................................................
B If yes, the current
cost to residents of Recurrent charges the emergency call Additional cost per
system is recovered [week/fortnight/month] $ .............. . from residents via:
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C The emergency call 24 hours/7 days per week system is currently
…….... am and …….... pm
monitored between:
[number] ....... days per week
17. Resident restrictions
A Are there any Tick each box that applies: restrictions on the
Having someone else live with the use of residential
premises or personal resident?
and community Having a carer live with the resident? amenities in regard
to: Allowing a spouse or de facto partner
to continue living in the village on
the death of a resident? Having visitors, including short-stay
guests?
Allowing a house sitter to stay in a
resident’s absence? Keeping pets?
B If any of the boxes in ‘A’ are ticked, provide at Annexure F a
table of the relevant contract clauses or residence rules clauses
that apply to any such restrictions or conditions of use of
residential premises and personal and community amenities.
23 March 2016 GOVERNMENT GAZETTE, WA 893 Retirement Villages Amendment Regulations 2016 r. 14
18. Accreditation
A Is the village If yes or pending, which scheme is the currently accredited? retirement village accredited under or
proposed to be accredited under?
Yes Provide the name of the retirement village
No accreditation scheme and key details
including the year in which the village Pending was last assessed against the
[If no, move to accreditation criteria and accredited: item 19A] ......................................................................
......................................................................
......................................................................
......................................................................
......................................................................
......................................................................
B Do residents If yes, specify the percentage of the currently contribute expenses incurred for accreditation that to the expenses residents have contributed or will incurred for contribute towards accreditation: accreditation via a [number] ……. % of accreditation recurrent charge? expenses is paid by residents
Yes Approximate amount per No
residence per year is: $ ................
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19. Residents’ committee
A Does the village If the village does not have a residents’
currently have a committee, explain how residents may residents’ committee communicate with management: established under the Retirement Villages ...................................................................... Act 1992? ......................................................................
Yes ......................................................................
...................................................................... No
[If no, move to ...................................................................... item 20A] ......................................................................
B
Is the function of the residents’ committee currently vested in an incorporated
association?
Yes No
23 March 2016 GOVERNMENT GAZETTE, WA 895 Retirement Villages Amendment Regulations 2016 r. 14
20. Resident consultation
A What arrangements Provide details of resident consultation: currently exist for a resident to be ...................................................................... consulted in relation ...................................................................... to the administration ...................................................................... of the retirement village, including the ...................................................................... making of residence ...................................................................... rules and charging for the village ...................................................................... operating costs that ...................................................................... are payable by the
resident:......................................................................
......................................................................
......................................................................21. Waiting list
A
Does the village currently have a waiting list?
Yes No
If yes, is there a If so, how much is charged? waiting list fee?
Waiting list fee $ ................
Yes No [If no, move to
item 22A]
896 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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B Is the waiting list fee
refundable?
on entry to the Yes village?
No
if the resident
decides not to Yes move into the
village? No 22. Planning and development
A Are there any plans
for development in Yes the village expected No to commence in the
next 18 months?
Has planning Yes [insert date of application] permission been ..........................................................
sought for the
development of the
village? No Pending Has planning
Yes [insert date of grant] permission been ..........................................................
granted for the
development of the
village? No
Pending
23 March 2016 GOVERNMENT GAZETTE, WA 897 Retirement Villages Amendment Regulations 2016 r. 14
B If yes or pending, briefly describe the plans for development: ............................................................................................................
............................................................................................................
............................................................................................................
............................................................................................................
............................................................................................................
............................................................................................................C Do residents have
access to documents Yes relating to the No development in the village expected to commence in the
next 18 months? Notes for Form 1:
1. All entry fees, recurrent charges, exit fees, and security bonds for rentals, are inclusive of GST if applicable.
2. A premium is an ongoing contribution paid by an incoming resident to the administering body to confer a resident’s right to occupy a residential premise in the retirement village. The Retirement Villages Act 1992 section 3(1) defines the term premium more fully.
3. Note that recurrent charges are ongoing costs that may increase annually.
4. The term recurrent charge under the Retirement Villages Act 1992 section 3(1) means any amount (including rent) payable by a resident to the administering body of a retirement village on a recurrent basis. The recurrent charges referred to above do not include a reserve fund charge which is listed as a separate charge.
5. A reserve fund may also be referred to as a sinking fund. Residents may be required to pay ongoing reserve fund charges for maintenance work, as referred to in item 6A, as well as an amount calculated as part of the Deferred Management Fee (DMF), as referred to in item 7D.
6. This item identifies those amounts that the resident is directly responsible for paying to a third party that is independent of the administering body. That is, they are amounts paid in addition to any recurrent charge contributions for
operating expenses. For example, if the administering body pays the council
898 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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rates and water rates and recovers the expenses incurred through recurrent
charge contributions towards operating expenses then the tick boxes for
“council rates” and “water rates” would not be ticked in item 6B.7. For example retirement villages operated by a not for profit operator may not be subject to council rates.
8. For example charges for rubbish collection or an emergency service levy that apply independently of council rates.
9. The dollar amounts provided in the Tables in items 6E and 6F are historical amounts and are not a predictor of increases or decreases in recurrent charges that may apply in the future.
10. Financial year means the period of 12 months ending on 30 June (Interpretation Act 1984 section 5).
11. Financial year means the period of 12 months ending on 30 June (Interpretation Act 1984 section 5).
12. Exit fees may also be referred to as Deferred Management Fees (DMF), Deferred Fees or Deferred Facilities Fees.
13. Under the Act section 23(1) permanently vacated, in relation to a former resident and residential premises in a retirement village, means that —
(a) if required by the residence contract — the administering body has been given notice of the former resident’s intention to vacate the residential premises; and (b) the goods and belongings of the former resident have been removed from the residential premises; and (c) the former resident has ceased to reside in the residential premises; and (d) the right to exclusively occupy the residential premises has been given up by the former resident (or, if the former resident is deceased, by the estate of the former resident) by returning the keys to the residential premises to the administering body. 14. Evidence of death, in relation to a deceased former resident of a retirement village, means —
(a) evidence of the grant of probate or letters of administration; or (b) other evidence that the administering body of the retirement village accepts as evidence of the former resident’s death (Retirement Villages Regulations 1992 regulation 9(1)). 15. Refurbishment work means maintenance, repair, replacement or renovation work carried out in respect of residential premises that return the residential premises to a reasonable condition (Fair Trading (Retirement Villages Code)
Regulations 2015 clause 22).
16. This section will be required to be completed as of 1 July 2016.
23 March 2016 GOVERNMENT GAZETTE, WA 899 Retirement Villages Amendment Regulations 2016 r. 14
17. Provided under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2014 clause 5.5(1) or from 1 July 2016 provided under the Fair Trading (Retirement Villages Code) Regulations 2015 clause 19(1)(a).
18. This section will be required to be completed as of 1 July 2016.
19. The total balance of the reserve fund(s) to be stated refers to the accounts available in the last financial year, as set out in the Fair Trading (Retirement Villages Code) Regulations 2015 clause 19(1)(b).
20. Communal amenities may be varied by resident consent via a special resolution of residents (Retirement Villages Regulations 1992 regulation 7C Table item 4).
21. Communal services may be varied by resident consent via a special resolution of residents (Retirement Villages Regulations 1992 regulation 7E Table item 3).
22. See footnote 20.
23. See footnote 20.
Annexures
Annexure A Plan of the village indicating the location of
residents’, visitors’, and caravan and/or boat parking.Annexure B Table containing examples of estimated refund
entitlement based on residents permanently vacating
after 1, 2, 5 and 10 years.Annexure C Village operating budget for the current financial year. Annexure D Current communal services funded through recurrent
charges or a levy.Annexure E Current personal services and their fees. Annexure F Relevant contract clauses or residence rules clauses
that apply to restrictions or conditions of use of
residential premises and personal and community
amenities.
900 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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ESTIMATING REFUND ENTITLEMENTS
(Annexure B: Tables A and B)
INSTRUCTIONS FOR COMPLETING EXAMPLES OF
ESTIMATED REFUND ENTITLEMENTS IN ANNEXURE B
1. In Table A estimates must be provided based on an initial premium where the resident has no entitlement to an increase in value over the full period.
2. In Table B estimates must be based on an assumed refund entitlement to an increase in the value of the residential premises of 2% per annum over the full period.
3. Each column must be completed using the estimate for a typical residential premise of the type to be leased or purchased by the prospective resident.
4. If a particular amount is not payable a nil amount may be inserted.
Annexure B
Table A
ESTIMATED REFUND ENTITLEMENT*
(Based on an initial premium where the resident has no
entitlement to an increase in value of the residential premises)
Initial premium paid by At end At end At end At end prospective resident is: of of of of $................. 1 year 2 years 5 years 10 years Value of initial premium $......... $......... $......... $......... Deductions by the At end At end At end At end administering of of of of body 1 year 2 years 5 years 10 years Exit fees (based on the fees $......... $......... $......... $......... referenced under item 7A) $......... $......... $......... $.........
23 March 2016 GOVERNMENT GAZETTE, WA 901 Retirement Villages Amendment Regulations 2016 r. 14
Reserve fund (based on the $......... $......... $......... $......... fees referenced at item 7D) $........ $........ $........ $........ Refurbishment costs (based on current average and estimated ……….% increase per year) $......... $......... $......... $......... Re-lease/sales and marketing costs (based on current average and estimated …….....% increase per year) $......... $......... $......... $......... Settlement, legal and administrative costs (based on current average and estimated ……….% increase per year)
$.........
$.........
$.........
$.........
Management and administration fees (based on ……….………) $......... $......... $......... $......... Any other fees and charges [explain]…………………….... ................................................ $......... $......... $......... $......... TOTAL DEDUCTIONS $......... $......... $......... $......... TOTAL ESTIMATED REFUND ENTITLEMENT $......... $......... $......... $......... *Note for Table A:
The values used in this example are for illustrative purposes only and do not guarantee a specific entitlement to a refund. Additional deductions may apply for amounts that may be payable for matters such as council rates, water, utilities and unpaid recurrent charges (if any).
902 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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Annexure B
Table B
ESTIMATED REFUND ENTITLEMENT*
(Based on an assumed entitlement to a refund on an increase in the value of the residential premises of 2% per annum over the
full period)
Initial premium paid by At end At end At end At end prospective resident is: of of of of $............... 1 year 2 years 5 years 10 years Value of premium (based on an increase in the value of the initial premium of 2% per annum) $........ $........ $........ $........ Deductions by the At end At end At end At end administering body of of of of
1 year 2 years 5 years 10 years
Exit fees (based on the fees
referenced under item 7A) $........ $........ $........ $........ Reserve fund (based on the fees referenced at item 7D) $........ $........ $........ $........ Refurbishment costs (based on current average and estimated ……….% increase per year)
$........
$........
$........
$........
Re-lease/sales and marketing costs (based on current average and estimated ……....% increase per year) $........ $........ $........ $........ Settlement, legal and administrative costs (based on current average and estimated ……….% increase per year)
$........
$........
$........
$........
Management and administration fees (based on ……….………) $........ $........ $........ $........
23 March 2016 GOVERNMENT GAZETTE, WA 903 Retirement Villages Amendment Regulations 2016 r. 14
Any other fees and charges
[explain] …………………….....
.................................................. $.......... $.......... $.......... $..........
TOTAL DEDUCTIONS $........... $........... $.......... $.......... TOTAL ESTIMATED $........... $........... $.......... $.......... REFUND ENTITLEMENT *Note for Table B:
The value of residential premises in a retirement village will increase and decrease over time and be influenced by a range of circumstances including the national and international economy. The values used in this example are illustrative only and do not guarantee an entitlement to a specific refund amount. The 2% per annum increase
is an arbitrary figure chosen to enable comparison between villages. Additional
deductions may also apply.
Form 1A
Retirement Villages Act 1992
[r. 4(b)]
Information statement for prospective resident — short-term
residence contract
Under the Retirement Villages Act 1992 section 13(2) the owner of residential premises in a retirement village is required to provide the following information to a person at least 10 working days before that person enters into a residence contract.
THE OWNER MUST ANSWER EACH OF THE FOLLOWING
QUESTIONS IN WRITING BELOW EACH QUESTION —
Declaration by the owner
I [name]: ........................................................................................................... of [address]: . .................................................................................................... being the owner, or a person authorised to act on behalf of the owner of
...........................................................................................................................
[retirement village], certify that the information contained herein is to the
best of my knowledge correct.
904 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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........................................................ ..................................................... [Signature] [Date] Important notice to prospective resident
Before signing a residence contract it is important that you:
understand the enclosed information and its implications; read all the terms of the contract; seek independent legal advice, particularly if unsure about any details in
the contract; understand the legal basis of occupancy (e.g. a person who signs a lease
does not own the premises); understand the financial commitments involved, and in particular entry
fees, ongoing costs and exit fees; consider whether you have had satisfactory responses to any questions
you ask; consider whether communal living in a retirement village is right for you. Disclosure statement for prospective resident
The owner, or a person authorised to act on behalf of the owner, must complete all sections of this disclosure statement in writing.
1. Retirement Village
A
Name of the retirement village Name: ................................................ B
Address of the retirement Address: ............................................ village ........................................................... C Has this village commenced
operation?
Yes No
23 March 2016 GOVERNMENT GAZETTE, WA 905 Retirement Villages Amendment Regulations 2016 r. 14
D In which year was this village Construction of the first stage was first constructed? completed in …………… [year]. Construction of subsequent [Insert stage number(s) and year(s) completed stages. of completion] ........................................................... ........................................................... If the construction of the [Insert stage number(s) and village is still to be completed, estimated date(s) for completion] provide estimated completion dates for each stage still to be ........................................................... constructed: ........................................................... E Aged care facility Is there an aged care facility adjacent to the village? Yes No Important notice to prospective residents: The administering body cannot guarantee a resident a place in an aged care facility. To enter an aged care facility, a resident must be assessed as eligible through an aged care assessment in accordance with the Aged Care Act 1997 (Commonwealth).
2. Owner administering body/management of the retirement village
A
Owner: Name: ................................................
Details of the owner of the ABN: ................................................. land on which the retirement
village facilities are located Address: ............................................ (individual/company/ ........................................................... organisation): Tel. number(s): .................................
906 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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B Administering body: Name: ................................................ If the village is administered
ABN: ................................................. by a person or entity other than the owner of the land, the Address: ............................................ details of that ........................................................... individual/company/ organisation. Tel. number(s): ................................. C Management representative: If yes, provide details of when the
manager is available onsite andIs there a management how the manager can be contacted representative available to when not onsite including before, residents? during and after working hours: Yes ...........................................................
Located onsite at the ........................................................... village
...........................................................
Located offsite ........................................................... No Name: ................................................
Address: ............................................
...........................................................
Tel. number(s): .................................
23 March 2016 GOVERNMENT GAZETTE, WA 907 Retirement Villages Amendment Regulations 2016 r. 14
3. Nature of residential premises (specific to the prospective resident)
A
The type of residential Tick the type of residential premises premises is: the prospective resident proposes to
occupy: Bedsitter
One-bedroom
Two-bedroom
Three-bedroom
Other [specify type] ...................................................
B The term of occupancy: Tick the box that applies:
12 months Less than 12 months [state term] .........................................
With [tick the box that applies, if any] 1:
an option to renew or vary the residence contract on the same terms
an option to move to a
periodic tenancy on the same
terms at the end of the fixed
period an option to move to a new
fixed term tenancy on the
same terms at the end of the
term
908 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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4.
Parking amenities (specific to prospective resident’s proposed residential premises) visitors’ parking and parking for trailers, boats and caravans
A This section provides
information about the garage
and parking facilities that will
be provided with the resident’s
individual residential premises,
along with details of parking
for visitors, trailers, boats and
caravans.
Will the prospective resident If no, what are the parking have a reserved garage and/or arrangements: parking bay within the village? ........................................................... Yes ........................................................... No ........................................................... Is there an additional amount If yes, provide a brief explanation: payable to the premium or through recurrent charges to ........................................................... access garage or parking ........................................................... facilities? ........................................................... Yes ........................................................... No Is there visitors parking If yes, provide a brief explanation available in the village? how much visitors parking is
available: Yes ........................................................... No ...........................................................
...........................................................
23 March 2016 GOVERNMENT GAZETTE, WA 909 Retirement Villages Amendment Regulations 2016 r. 14
Is there trailer, boat and If yes, provide a brief explanation: caravan parking available for the prospective resident to ........................................................... use? ........................................................... Yes (subject to ...........................................................
availability) ...........................................................
No
Is there an additional amount If yes, provide a brief explanation: payable for parking a trailer/boat/caravan? ...........................................................
........................................................... Yes ........................................................... No ........................................................... Are there any other If yes, provide a brief explanation: arrangements in place for the parking of vehicles, caravans ........................................................... or boats? ........................................................... Yes ........................................................... No ........................................................... At Annexure A provide a plan of the village indicating the location of residents’, visitors’, and caravan
and/or boat parking.
910 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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5. Ongoing amounts payable to the operator during occupation 2 (specific to the prospective resident and the residential premises that the resident has expressed interest in)
A
To live in the Tick each box that applies: village, the
Recurrent charges 3 per
prospective resident
[week/fortnight/month] $ ....................
will be required to
pay the following Reserve fund 4 charge per amounts:
[week/fortnight/month] $ .................... Tick whether the Any other charges 5 per amounts apply to:
[week/fortnight/month] $................... single [specify other charges]
occupant ………………………… $...................
couple ……………………....... $ ..................
not dependent ……………………....... $ .................. Total amount payable on [week/fortnight/month] $.................. single/couple
occupancyNB: The amount
may vary each financial year depending on operating
expenses.
23 March 2016 GOVERNMENT GAZETTE, WA 911 Retirement Villages Amendment Regulations 2016 r. 14
B Other amounts 6 Tick each box that applies: relating to the
Contents insurance [see also item 12] residential premises that are currently
Council rates (not applicable to all
additional charges retirement villages 7) payable by the
resident: Other council charges 8 Water rates Utilities (electricity and gas) ..................................................................... ..................................................................... ..................................................................... ..................................................................... C Is the resident If yes, briefly explain the resident’s responsible for responsibilities including whether the resident repairs and is to organise the repairs and pay for the maintenance to the repair: residential premises during their ............................................................................. occupation of the ............................................................................. premises? ............................................................................. Yes ............................................................................. No .............................................................................
912 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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6. Village operating funds 9
A
What amounts are Annexure C contains a copy of the allocated in the village’s village’s operating budget for the current operating budget for the financial year. current financial year? B
Did the village have an Tick the box that applies: operating surplus/deficit
The village operating surplus in the
in the last financial year
for which a financial last financial year was: $................
statement 10 has been The village operating deficit in the provided to residents? last financial year was: $................
Yes Comment on any specific surplus/deficit No budget arrangements: .....................................................................
.....................................................................
.....................................................................
.....................................................................7. Payment and repayment of an amount paid on entry
A
Is the resident required If yes, state the amount 11: $................. to pay an amount to the
administering body in If no, move to item 8. consideration for or in
contemplation of
admission as a resident
in the retirement
village? Yes No
23 March 2016 GOVERNMENT GAZETTE, WA 913 Retirement Villages Amendment Regulations 2016 r. 14
B Is the resident entitled to At Annexure B complete the Table of a be repaid the amount 12 resident’s estimated entitlements based on paid by the resident in resident permanently vacating after consideration for or in one year. contemplation of
admission as a resident
in the retirement
village? Yes No
Are there any amounts If yes, list the expenses and if known, the that may be deducted amounts: from the amount paid on entry after permanently Expenses Amounts vacating the residential
premises? Yes No C When is the ..................................................................... administering body required to pay the ..................................................................... resident? .....................................................................
914 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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8. Insurance
A Does the administering Tick the box that applies: body pass on the costs
of insurance cover for If yes, insurance costs are paid via: the retirement village
Recurrent charges (listed at item 8C) to resident? A separate levy Yes No
B Are residents If yes, provide details of the types of responsible for insurance residents are responsible for arranging any insurance arranging: cover for the residential premises that they ..................................................................... occupy? ..................................................................... Yes .....................................................................
..................................................................... No
C The retirement village is currently insured as follows:
Type of Maximum Period of Excess insurance amount of coverage payable in insurance event of a
cover claim
Public liability
Workers
compensation
Building
(including
refurbishment)
23 March 2016 GOVERNMENT GAZETTE, WA 915 Retirement Villages Amendment Regulations 2016 r. 14
Other
[specify type]9. Communal amenities
The following communal amenities 13 are available for all residents to use.
Tick each box that applies:
Club house/Social Swimming pool Library Centre indoor
Computer station Separate amenities outdoor Place for worship Activities or heated Medical games
consultation room
not heated
Arts and crafts
Spa Shop
Billiards Hair salon
indoor
Gym Beauty salon
Men’s outdoor
Village bus
shed/workshop heated
Other [specify
Bowling green not heated details]
Tennis court BBQ area ............................... outdoors ...............................
Restaurant ............................... Dining room
916 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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10. Communal and personal services
A This section provides At Annexure D is a list of communal
information about the services currently provided or made communal services 14 available in the village (one per line). The provided or made services listed at items 11 and 12 do not available to all residents have to be included in Annexure D. in the village: If communal services are not provided,
make a statement to the effect that the
administering body does not provide or
make available any communal services in
the village.
B This section provides At Annexure E is a list of personal information about the services currently provided or made personal services that available in the village and the current are currently provided or fees charged for each service (one per made available to line). residents on an If personal services are not provided, individual basis: make a statement to the effect that the
administering body does not provide or
make available any personal services in
the village.11. Security
A Does the village have If yes, the security arrangements include: security arrangements in
Security alarm place for the communal areas 15 of the village?
Locked gates Yes CCTV No
Security guard on site [If no, move to item 12A] Other [specify details] .............................................................
.............................................................
23 March 2016 GOVERNMENT GAZETTE, WA 917 Retirement Villages Amendment Regulations 2016 r. 14
B Is there any monitoring If yes, specify details and frequency of of the security monitoring: arrangements listed above? .....................................................................
..................................................................... Yes ..................................................................... No ..................................................................... 12. Emergency system A Does the village have an If yes, provide details of the emergency emergency call system call system, including the name of the operating in the current provider: village 16? ..................................................................... Yes ..................................................................... No ..................................................................... [If no, move to ..................................................................... item 13A] B If yes, provide details of
Recurrent charges the emergency call system, including the Additional cost per
name of the current [week/fortnight/month] $.............. provider.
C The emergency call 24 hours/7 days per week system is currently …….. am and …….. pm monitored between: [number] ........ days per week
918 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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13. Resident restrictions
A Are there any Tick each box that applies: restrictions on the use of
Having someone else live with the
residential premises or
personal and community resident?
amenities in regard to: Having a carer live with the
resident? Allowing a spouse or de facto
partner to continue living in the
village on the death of a resident? Having visitors, including short-stay
guests? Allowing a house sitter to stay in a
resident’s absence? Keeping pets? 14. Accreditation
A Is the village currently If yes or pending, which scheme is the accredited? retirement village accredited under or
proposed to be accredited under? Yes Provide the name of the retirement village No accreditation scheme and key details
including the year in which the village Pending was last assessed against the [If no, move to accreditation criteria and accredited: item 15A] .....................................................................
.....................................................................
.....................................................................
.....................................................................
23 March 2016 GOVERNMENT GAZETTE, WA 919 Retirement Villages Amendment Regulations 2016 r. 14
B Do residents currently If yes, specify the percentage of the contribute to the expenses incurred for accreditation that expenses incurred for residents have contributed or will accreditation via a contribute towards accreditation: recurrent charge? [number] ……. % of accreditation Yes expenses is paid by residents No Approximate amount per
residence per year is: $............... 15. Residents’ committee A Does the village If the village does not have a residents’ currently have a committee, explain how residents may residents’ committee communicate with management: established under the Retirement Villages ..................................................................... Act 1992? ..................................................................... Yes ..................................................................... No ..................................................................... [If no, move to ..................................................................... item 16A] ..................................................................... B
Is the function of the residents’ committee currently vested in an incorporated
association? Yes No
920 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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16. Resident consultation
A What arrangements Provide details of resident consultation: currently exist for a
resident to be consulted ..................................................................... in relation to the ..................................................................... administration of the ..................................................................... retirement village, including the making of ..................................................................... residence rules and ..................................................................... charging for the village operating costs that are ..................................................................... payable by the resident? .....................................................................
.....................................................................17. Waiting list
A Does the village
currently have a waiting
list? Yes
No
If yes, is there a waiting If so, how much is charged? list fee?
Waiting list fee $................
Yes No
[If no, move to
item 18A]
23 March 2016 GOVERNMENT GAZETTE, WA 921 Retirement Villages Amendment Regulations 2016 r. 14
B Is the waiting list fee
refundable:
on entry to the Yes village?
No
if the resident
decides not to Yes
No move into the
village?
18. Planning and development
A
Are there any plans for Yes development in the
No
village expected to
commence in the next18 months?
Has planning permission Yes [insert date of application] been sought for the ............................................................. development? No
Pending
Has planning permission Yes [insert date of grant] been granted for the ............................................................. development? No
Pending
922 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
r. 14
B If yes or pending, briefly describe the plans for development: ................................................................................................................
................................................................................................................
................................................................................................................................................................................................................................
C
Do residents have access Yes the development in the No village expected to
commence in the next
18 months?to documents relating to
D
Do residents have access Yes the development in the No village? to documents relating to
Notes for Form 1A:
1. It is recommended that the residents, at least one month prior to the end of the term, ask the administering body what is proposed at the end of the fixed term.
2. Note that recurrent charges are ongoing costs that may increase annually.
3. recurrent chargeRetirement Villages Act 1992 The term , under the administering body of a retirement village on a recurrent basis. The recurrent charges referred to above do not include a reserve fund charge which is listed as a separate charge.
4. A reserve fund may also be referred to as a sinking fund. Residents may be required to pay ongoing reserve fund charges for maintenance work, as referred to in item 5A.
5. For example “short-term rental payment” where this amount is payable separately to other recurrent charges.
6. This item identifies those amounts that the resident is directly responsible for paying to a third party that is independent of the administering body. That is, they are amounts paid in addition to any recurrent charge contributions for
operating expenses. For example, if the administering body pays the council
rates and water rates and recovers the expenses incurred through recurrent
23 March 2016 GOVERNMENT GAZETTE, WA 923 Retirement Villages Amendment Regulations 2016 r. 14
charge contributions towards operating expenses then the tick boxes for
“council rates” and “water rates” would not be ticked in item 5B.7. For example retirement villages operated by a not-for-profit operator may not be subject to council rates.
8. For example charges for rubbish collection or an emergency service levy that apply independently of council rates.
9. This section will be required to be completed as of 1 July 2016.
10. Provided under the Fair Trading (Retirement Villages Interim Code) Regulations (No. 2) 2014 clause 5.5(1) or from 1 July 2016 provided under the Fair Trading (Retirement Villages Code) Regulations 2015 clause 19(1)(a).
11. Total amount must be $1 500 or less.
12. For example a security bond.
13. Communal amenities may be varied by resident consent via a special resolution of residents (Retirement Villages Regulations 1992 regulation 7C Table item 4).
14. Communal services may be varied by resident consent via a special resolution of residents (Retirement Villages Regulations 1992 regulation 7E Table item 3).
15. See footnote 9.
16. See footnote 9.
Annexures
Annexure A Plan of the village indicating the location of
residents’, visitors’, and caravan and/or boat parking.Annexure B Table of estimated refund entitlement based on
resident permanently vacating after one year.Annexure C Village operating budget for the current financial year. Annexure D Current communal services funded through recurrent
charges or a levy.Annexure E Current personal services and their fees. Annexure F Relevant contract clauses or residence rules clauses
that apply to restrictions or conditions of use of
residential premises and personal and community
amenities.
924 GOVERNMENT GAZETTE, WA 23 March 2016 Retirement Villages Amendment Regulations 2016
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Annexure B
ESTIMATED REFUND ENTITLEMENT* (Based on an initial amount paid that is less than or equal
to $1 500)
INSTRUCTIONS FOR COMPLETING ESTIMATED REFUND
ENTITLEMENT IN ANNEXURE B.
In the Table estimates must be provided based on an initial amount of
$1 500 or less payable to secure admission as a resident of theretirement village for a period of 12 months or less.
Initial amount paid by prospective resident is: At the end of one $............................. year Deductions by the administering body At the end of one
yearFees and charges [explain] .................................................................................. $ ............................. .................................................................................. $ ............................. .................................................................................. $ ............................. .................................................................................. $ ............................. .................................................................................. $ ............................. .................................................................................. $ ............................. .................................................................................. $ ............................. TOTAL ESTIMATED REFUND ENTITLEMENT $ ............................. *Notes for this Table:
1. The values used in this example are for illustrative purposes only and should not be interpreted as guaranteeing a specific entitlement to a refund.
2. Additional deductions may apply for amounts that may be payable for matters such as council rates, water, utilities and unpaid recurrent charges (if any).
K. H. ANDREWS, Clerk of the Executive Council.
PERTH, WEDNESDAY, 23 MARCH 2016 No. 48 SPECIAL
PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.00 NOON
© STATE OF WESTERN AUSTRALIA
Retirement Villages Act 1992
Retirement Villages Amendment
Regulations 2016
Made by the Governor in Executive Council.
1. Citation
These regulations are the Retirement Villages Amendment
Regulations 2016.
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) the rest of the regulations — on 1 April 2016.
3. Regulations amended
These regulations amend the Retirement Villages
Regulations 1992.
4. Regulation 4A amended
In regulation 4A insert in alphabetical order:
related body corporate has the meaning given in the Corporations Act 2001 (Commonwealth) section 9;
short-term residence contract means a residence
contract that —
(a) has a term of 12 months or less; and
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