Retirement Villages Regulation 2013 (ACT)

Case

Retirement Villages Regulation 2013   

SL2013-5

made under the

Retirement Villages Act 2012

Republication No 12

Effective:  1 November 2025

Republication date: 1 November 2025

Last amendment made by A2025‑22

About this republication

The republished law

This is a republication of the Retirement Villages Regulation 2013, made under the Retirement Villages Act 2012 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 November 2025It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 November 2025. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

  • authorised republications to which the Legislation Act 2001 applies

  • unauthorised republications.

  • The status of this republication appears on the bottom of each page.

    Editorial changes

    The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

    This republication does not include amendments made under part 11.3 (see endnote 1).

    Uncommenced provisions and amendments

    If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

    Modifications

    If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

    Penalties

    At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

    Retirement Villages Regulation 2013

    made under the

    Retirement Villages Act 2012

    Contents

    Page

    Part 1      Preliminary

    1            Name of regulation  2

    3            Dictionary  2

    4            Notes  2

    5Offences against regulation—application of Criminal Code etc 3

    Part 2      Important concepts

    6            Places not retirement village—Act, s 10 (1), def retirement village, par (b) (viii) 4

    Part 3      Representations and information about retirement villages

    6A          General inquiry document—Act, s 23 (2)  5

    7           Disclosure statement—Act, s 24 (3)  5

    8            Copies of certain documents to be available—Act, s 29 (1) (k)               7

    Part 4      Village contracts

    Division 4.1              General

    9            Prescribed rate of interest—Act, s 41 (5) (b)  9

    10          Amount payable for legal and other expenses—Act, s 52 (3)                9

    11          Condition report—Act, s 59  9

    12          Renovations and alteration of fixtures and fittings—Act, s 63 (5) (b)       10

    13          Contents of village contracts—Act, s 66 (1)  10

    14          Prescribed rate of interest—Act, s 69 (b)  11

    Division 4.2              Settling-in period for residents

    15          Liability of former occupant if village contract ended during settling-in period—Act, s 73 (1) (d)  11

    16          Maximum administration fee—Act, s 73 (4)  11

    Part 5      General management of retirement villages

    Division 5.1              Village rules

    17          Village rules—Act, s 78 (2) (i)  12

    Division 5.2              Certain obligations of operators

    18          Safety inspection report—Act, s 91 (2) (h)  12

    18A         Prevention of elder abuse strategy—Act, s 91 (2) (h)  12

    18B         Prevention of elder abuse strategy—publication and availability           14

    18C         Prevention of elder abuse strategy—review  14

    Division 5.3              Certain rights of residents

    19          Access to residential premises in village—Act, s 100 (3) (h)                15

    20          Membership of residents committee—Act, s 104 (1)  15

    21          Annual management meeting agenda—Act, s 108 (4)  16

    22          Questions at annual meeting—Act, s 110 (3) (b)  17

    23          Appointment of proxies—Act, s 116 (2)  18

    Part 6      Financial management

    Division 6.1              Capital maintenance and replacement

    24          Capital item—Act, s 135 (1), def capital item, par (a) (iv)  19

    25          Works not capital maintenance—Act, s 135 (1), def capital maintenance, par (c)       19

    26          Matters not to be funded from capital works fund or recurrent charges—Act, s 141 (3) (e)       20

    27          Capital works fund—Act, s 143 (4)  20

    28          Use of capital works fund amounts—Act, s 144 (1) (c)  20

    29          Minimum public liability insurance—Act, s 145 (4)  20

    Division 6.2              Recurrent charges

    30          Notice of fixed formula amendment—Act, s 149 (2) (c)  20

    32          Notice of amendment—recurrent charges amended otherwise than by fixed formula—Act, s 150 (3) (e)  21

    33          Information about recurrent charges not needed to be given—Act, s 153 (5) 23

    34          Time to give information about recurrent charges—Act, s 153 (6)          23

    Division 6.3              Proposed and approved annual budgets

    35          Matters to be dealt with in proposed annual budget—Act, s 159 (5) (a)     24

    36          Matters not to be financed by way of recurrent charges—Act, s 159 (5) (b) 25

    37          Notice accompanying proposed annual budget—Act, s 159 (6) (d)        26

    38          Limit on contingencies in annual budget—Act, s 164  27

    Division 6.4              Annual accounts

    39          Copies of audited accounts—Act, s 169 (8) (a) (ii)  27

    Division 6.5              Surplus or deficit of accounts

    40          Making good of deficit—Act, s 174 (3) (c)  28

    Part 7      Disputes

    Division 7.1              Dispute resolution

    41          Representative for residents in dispute—Act, s 176 (2)  29

    Division 7.2              ACAT—applications and orders

    42          Time for making ACAT applications  29

    43          ACAT applications by residents committee  29

    44          ACAT may decide other party to application by operator  30

    45          ACAT additional orders—Act, s 181 (1) (k)  30

    46          Differential orders  30

    Part 8      Ending residence contracts

    Division 8.1              General principles about ending residence contracts

    47          Time for giving notice to end contract—Act, s 184 (2)  31

    Division 8.2              Uncollected goods

    48          Meaning of uncollected goods—div 8.2  31

    49          Disposal of perishable and certain other uncollected goods—Act, s 203 (1) (b) 32

    50          Storage of other uncollected goods  32

    51          Claiming uncollected goods  33

    52          Disposal of uncollected goods after storage  34

    53          Records and accounting  35

    Part 9      Prescribed rates of interest

    54          Prescribed rate of interest—Act, s 213 (3)  36

    55          Prescribed rate of interest—Act, s 235 (6) (b)  36

    56          Prescribed rate of interest—Act, s 237 (3)  36

    57          Prescribed rate of interest—Act, s 238 (8) (b)  36

    Part 10     Protection of ingoing contributions paid by residents other than registered interest holders

    58          Refund of ingoing contribution—Act, s 241 (1) (b)  37

    Part 11     Consent of residents

    59          Conduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)               38

    60          When written ballot required—Act, sch 1, s 1.3 (2)  38

    60A         Conduct of written ballots for special resolutions—Act, sch 1, s 1.5       38

    Part 12     Miscellaneous

    61          Resident—Act, dict, def resident, par (b) (ii)  39

    Schedule 1 Contents of village contracts  40

    Part 1.1    Matter to be included in village contracts  40

    1.1          Information to be included in village contract  40

    1.1A         Time for payment of ingoing contribution instalments  41

    Part 1.2    Headings and additional matter to be included in village contracts     42

    1.2          Cooling-off period  42

    1.3          Retirement village legislation  42

    1.4          Ingoing contribution  43

    1.5          Recurrent charges  43

    1.6          Services and facilities  45

    1.7          Fixtures, fittings and furnishings  46

    1.8          Repairs and maintenance  46

    1.9          Alterations and additions  46

    1.10         Operator’s access to premises  47

    1.11         Village rules  47

    1.12         Dispute resolution  47

    1.13         Changes in operator  48

    1.14         Ending the contract  48

    1.15         Transfers  49

    1.16         Departure fees  49

    1.17         Capital gain or loss  50

    1.18         Refund of payment to resident  50

    1.19         Changes to this contract  51

    1.20         Annexures  51

    Schedule 2 Matter to be excluded from village contracts      52

    2.1          Dispute resolution  52

    2.2          Wills  52

    2.3          Insurance  52

    2.4          Legal, accounting and other expenses  52

    2.5          Absences  53

    2.6          Penalty terms  53

    2.7          Exclusions  53

    2.8          Recurrent charges  53

    2.9          Disclaimers  53

    2.10         Entire agreement  54

    2.11         Current value of premises  54

    Schedule 3 Time for making ACAT applications  55

    Schedule 4 Conduct of written ballots  57

    Part 4.1    Preliminary  57

    4.1          Definitions—sch 4  57

    Part 4.2    Conducting a written ballot  58

    4.2          Application—pt 4.2  58

    4.3          Election of returning officer  58

    4.4          Conduct of written ballot  58

    4.5          Counting and reporting votes  59

    4.6          Returning officer’s decision final  60

    Part 4.3    Additional requirements for special resolution              61

    4.7          Application—pt 4.3  61

    4.8          Special resolution—notice  61

    4.9          Special resolution—postal vote  62

    4.10         Special resolution—quorum  62

    Dictionary64

    Endnotes

    1            About the endnotes  66

    2            Abbreviation key  66

    3            Legislation history  67

    4            Amendment history  69

    5            Earlier republications  72

    Retirement Villages Regulation 2013

    made under the

    Retirement Villages Act 2012

    Part 1Preliminary

    1. Name of regulation

      This regulation is the Retirement Villages Regulation 2013.

    2. Dictionary

      The dictionary at the end of this regulation is part of this regulation.

      Note 1The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.

      For example, the signpost definition ‘uncollected goods, for division 8.2 (Uncollected goods)—see section 48.’ means that the term ‘uncollected goods’ is defined in that section.

      Note 2A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

    3. Notes

      A note included in this regulation is explanatory and is not part of this regulation.

      NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

    4. Offences against regulation—application of Criminal Code etc

      Other legislation applies in relation to offences against this regulation.

      Note 1Criminal Code

      The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).

      The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

      Note 2Penalty units

      The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

    Part 2Important concepts

    1. Places not retirement village—Act, s 10 (1), def retirement village, par (b) (viii)

      The following are prescribed:

      (a)a place where a service is provided by a provider of services within the meaning of the Disability Services Act 1991;

      (b)housing provided by a community housing provider within the meaning of the Housing Assistance Act 2007.

    Part 3Representations and information about retirement villages

    6AGeneral inquiry document—Act, s 23 (2)

    The general inquiry document must include a brief explanation of the following about the retirement village to which it relates:

    (a)the residential premises, services and facilities of the retirement village;

    (b)the main differences between a retirement village and a residential care home and how the services of the retirement village differ from those of a residential care home;

    (c)if the village contract provides for departure fees—the departure fees;

    (d)if the operator has a policy about access by residents to home care services—the policy.

    NoteDeparture fees include deferred fees under the Fair Trading (Retirement Villages Industry) Code of Practice 1999 (NI1999-277).

    1. Disclosure statement—Act, s 24 (3)

      (1)The disclosure statement must include the following information about the retirement village to which it relates:

      (a)details of particular residential premises in the retirement village, including fees and charges payable in relation to the premises;

      (b)the proximity of the village to services, for example, hospitals, shopping centres and public transport;

      (c)information about whether the operator is a registered provider of a residential care home;

      (d)a statement of how the services of the retirement village differ from those of a residential care home;

      (e)details about the ownership of the village, including whether a resident can own residential premises in the village;

      (f)if a village contract for the retirement village includes provisions for sharing a capital gain between the operator and a resident—details of the provisions;

      (g)information about the management of the village;

      (h)whether the village has a residents committee and, if so, information about the committee;

      (i)the financial management of the village, including details about the village’s income and expenditure;

      (j)information about the village’s safety, including information about its security and emergency systems;

      (k)the extent to which the operator has complied with legislation applying to the village, including the Act and the Planning Act 2023;

      (l)village contracts the prospective resident will need to enter into to become a resident;

      (m)the village rules;

      (n)the facilities available to residents;

      (o)services provided by the operator;

      (p)costs associated with entering into a residence contract with the operator;

      (q)a statement that a former occupant of residential premises in the village is not liable to refurbish (or pay the cost of refurbishment of) the premises;

      (r)if the operator has a policy about access by residents to home care services—details of the policy;

      (s)information about any waiting list for the village and any waiting list fee payable;

      (t)a statement to the effect that, to the best of the operator’s knowledge, the information in the disclosure statement is true.

      (2)The disclosure statement must be signed and dated by the operator.

      (3)In this section:

      refurbishment—see the Act, section 218.

    2. Copies of certain documents to be available—Act, s 29 (1) (k)

      The following documents are prescribed:

      (a)if the operator of the retirement village and a residents committee were parties to a proceeding before a court or a tribunal in the previous 5 years—each decision or order made in relation to the proceeding and the reasons (if any) given by the court or tribunal in relation to the decision or order;

      (b)if the operator of the retirement village operates a waiting list for the village and charges a waiting list fee—the operator’s written policy setting out the way the waiting list operates;

      (c)if the retirement village is subject to a company title scheme—whichever of the following governs the company:

      (i)its constitution;

      (ii)the replaceable rules set out in the Corporations Act;

      (d)if the retirement village is subject to a community title scheme—

      (i)the scheme’s management statement; and

      (ii)the management agreement (if any) relating to the village to which the relevant community association, neighbourhood association or precinct association is a party; and

      (iii)the minutes of the most recent annual general meeting of the relevant community association, neighbourhood association or precinct association;

      (e)if the retirement village is subject to a units plan—

      (i)the owners corporation rules for the plan; and

      (ii)the management agreement (if any) relating to the village to which the owners corporation is a party; and

      (iii)the minutes of the most recent annual general meeting of the owners corporation;

      (f)every other document mentioned in the disclosure statement for the village under the heading ‘Village Contracts’.

    Part 4Village contracts

    Division 4.1               General

    1. Prescribed rate of interest—Act, s 41 (5) (b)

      The prescribed rate of interest is the rate prescribed under the Court Procedures Rules 2006, schedule 2, part 2.2 (Interest after judgment) in relation to the payment of interest on a judgment debt.

    2. Amount payable for legal and other expenses—Act, s 52 (3)

      The maximum amount payable is $200.

    3. Condition report—Act, s 59

      (1)This section applies to residential premises in a retirement village mentioned in the Act, section 59 (1) (Condition report for certain residential premises).

      (2)The operator of the retirement village commits an offence if the operator does not inspect the premises and complete the condition report for the premises in accordance with this section.

      Maximum penalty: 10 penalty units.

      (3)The condition report for the premises must—

      (a)be completed in the presence of the prospective resident or a person nominated by the prospective resident, unless otherwise authorised in writing by the prospective resident; and

      (b)be completed to the best of the operator’s knowledge; and

      (c)if a date needed for the report is not known—include an approximate date and a statement to the effect that the date is approximate; and

      (d)be signed by—

      (i)the operator; and

      (ii)if the prospective resident agrees with the report—the prospective resident.

      (4)The operator must allow the prospective resident at least 14 days to examine the report and suggest changes to it.

    4. Renovations and alteration of fixtures and fittings—Act, s 63 (5) (b)

      Fixtures and fittings in residential premises owned by a resident under a community title scheme, company title scheme or units plan are prescribed.

    5. Contents of village contracts—Act, s 66 (1)

      (1)A matter mentioned in schedule 1 (Contents of village contracts) must be included in a village contract.

      (2)A matter mentioned in schedule 2 (Matter to be excluded from village contracts) must be excluded from a village contract.

      (3)This section does not prevent the inclusion of additional matter in a village contract (other than matter inconsistent with the matter mentioned in schedule 1).

      (4)This section does not apply to a residence contract relating to premises that are subject to a community title scheme, company title scheme or units plan.

      (5)However, this section applies to a residence contract mentioned in subsection (4) if the operator of the village (or a close associate of the operator) is the seller under the residence contract.

    1. Prescribed rate of interest—Act, s 69 (b)

      The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).

      NoteThe rate for the Act, s 41 (5) (b) is prescribed by s 9.

    Division 4.2               Settling-in period for residents

    1. Liability of former occupant if village contract ended during settling-in period—Act, s 73 (1) (d)

      The reasonable costs incurred in adding, removing or altering any fixtures or fittings, or making any renovations, to residential premises at the resident’s request are prescribed.

    2. Maximum administration fee—Act, s 73 (4)

      The maximum administration fee prescribed is $200.

    Part 5General management of retirement villages

    Division 5.1               Village rules

    1. Village rules—Act, s 78 (2) (i)

      The following matters are prescribed:

      (a)security in the retirement village;

      (b)the external appearance of residents’ premises in the retirement village.

    Division 5.2               Certain obligations of operators

    1. Safety inspection report—Act, s 91 (2) (h)

      The safety inspection report mentioned in the Act, section 91 (2) (g) (Operator to provide safe premises) must remain on the notice board for at least 1 month.

    18APrevention of elder abuse strategy—Act, s 91 (2) (h)

    (1)The operator of a retirement village must prepare, and take all reasonable steps to give effect to, a written strategy for identifying and preventing elder abuse in the village (a prevention of elder abuse strategy).

    (2)The strategy must include the following:

    (a)examples of common forms of elder abuse, including specific examples in relation to retirement villages;

    (b)information about how to—

    (i)identify elder abuse, including signs of elder abuse; and

    (ii)prevent elder abuse;

    (c)information about how to respond to elder abuse or suspected elder abuse, including—

    (i)how to report elder abuse or suspected elder abuse to the operator and the period within which the operator can be expected to respond to a report; and

    (ii)how to make an older people service complaint to the human rights commission; and

    (iii)how to report a matter to another suitable entity;

    (d)an explanation of the roles and responsibilities of the operator and the operator’s staff in relation to elder abuse in the village;

    (e)information about how to access the services and resources of local service or support agencies;

    Examples—local service or support agencies

    1Human Rights Commission

    2ACT Civil and Administrative Tribunal

    (f)the date the strategy is finalised.

    (3)In this section:

    elder abuse, in a retirement village, means an act or omission by any person that causes or allows the exploitation, mistreatment, harm or neglect of a resident of the village.

    older people service complaint—see the Human Rights Commission Act 2005, dictionary.

    NoteUnder the Human Rights Commission Act 2005, a person may complain to the commission about a service for older people (see that Act, s 41), including a service provided by the operator of a retirement village (see that Act, s 53G).

    18BPrevention of elder abuse strategy—publication and availability

    (1)As soon as practicable after preparing a prevention of elder abuse strategy for a retirement village, the operator of the village must publish the strategy in a way that is likely to come to the attention of the following people:

    (a)a resident of the village;

    (b)an individual who accesses the village’s website;

    (c)an individual who tells the operator that the individual or a family member of the individual is interested in becoming a resident of the village.

    (2)For subsection (1), the operator must—

    (a)display a copy of the strategy on a notice board in a communal area within the village; and

    (b)publish the strategy in any other way the operator considers appropriate.

    Examples—par (b)

    1give each resident a copy of the strategy

    2publish the strategy on the village’s website

    3include the strategy in a brochure about the village

    (3)The operator must also take reasonable steps to ensure that all the operator’s staff are familiar with the strategy.

    (4)If a person asks the operator for its prevention of elder abuse strategy, the operator must make the strategy available to the person within 2 business days after the day the person asks for it.

    18CPrevention of elder abuse strategy—review

    (1)The operator of a retirement village must review village’s prevention of elder abuse strategy at least once every 2 years from the day the strategy is published under section 18B (2).

    (2)If the operator makes any changes to the strategy as a result of a review under subsection (1)—

    (a)the revised strategy is taken to be a new prevention of elder abuse strategy; and

    (b)section 18B applies to the operator in relation to the new strategy.

    Division 5.3               Certain rights of residents

    1. Access to residential premises in village—Act, s 100 (3) (h)

      The operator or authorised person may enter residential premises in the village in the following circumstances if the operator or authorised person has given the resident 2 days notice:

      (a)to install a smoke alarm that is required by law to be installed in the premises;

      (b)to replace a battery in a smoke alarm installed in the premises.

    2. Membership of residents committee—Act, s 104 (1)

      (1)A person may hold the same office on the residents committee for a retirement village for more than 3 consecutive years if—

      (a)the retirement village has fewer than 20 residents; or

      (b)the annual budget of the retirement village is less than $50 000; or

      (c)the person is the only person standing for election to the office.

      (2)Subsection (1) does not allow a person to hold the same office on a residents committee for more than 3 consecutive years if the director-general—

      (a)has written to the residents committee objecting—

      (i)generally to any person holding the same office on the committee for more than 3 consecutive years; or

      (ii)to a stated person holding the same office for more than 3 consecutive years; and

      (b)has not written to the residents committee to withdraw the objection.

      (3)In this section:

      hold the same office, on a residents committee for a retirement village, includes to hold an office performing the same (or substantially the same) functions on the committee.

      Examples—office

      president, treasurer, secretary

    3. Annual management meeting agenda—Act, s 108 (4)

      The following matters must be included in the agenda for an annual management meeting:

      (a)a report on any expenditure in the previous financial year that was an amendment between items in the approved annual budget (other than a minor amendment);

      (b)the future plans for the village, including any proposed improvements;

      (c)the management of the village, including any change or proposed change to the management arrangements;

      (d)safety issues;

      (e)any proposed maintenance plans;

      (f)any changes to the proposed annual budget that do not need the residents’ consent;

      (g)any proposals to undertake capital works that have not been notified in the annual budget;

      (h)any proposed changes to the level of service provided to residents of the village;

      (i)time for questions, including questions from the floor of the meeting.

    4. Questions at annual meeting—Act, s 110 (3) (b)

      (1)The following excluded matters are prescribed:

      (a)the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator;

      (b)any matter that is unrelated to the operation of the village;

      (c)any matter in relation to individual sales or contracts that are not publicly available.

      (2)Subsection (1) (a) does not prevent an operator or a representative of the operator from answering a question about the operator’s solvency or financial viability.

      (3)If the operator of a retirement village is an organisation that is subject to an approved privacy code or the Australian Privacy Principles under the Privacy Act 1988 (Cwlth), a representative of the operator is not required to answer a question to the extent that the answer would disclose personal information in breach of the code or the principles.

    5. Appointment of proxies—Act, s 116 (2)

      The appointment of a proxy is effective in relation to a meeting of the residents of a retirement village only if the completed form for the proxy is given to the chair of the meeting before a vote is taken at the meeting.

    Part 6Financial management

    Division 6.1               Capital maintenance and replacement

    1. Capital item—Act, s 135 (1), def capital item, par (a) (iv)

      The following capital items in a retirement village, including those in residential premises in the village, are prescribed:

      (a)fixtures;

      (b)fittings;

      (c)furnishings;

      (d)non-fixed items.

      Examples—par (a)

      bench tops, built-in cupboards and wardrobes, floor coverings, hot water system, stove

      Examples—par (b)

      light fittings, taps, sanitary fittings

      Examples—par (c)

      curtains, blinds

      Examples—par (d)

      whitegoods, portable air conditioner, fan, tables, chairs

    2. Works not capital maintenance—Act, s 135 (1), def capital maintenance, par (c)

      The following works are prescribed:

      (a)work done to substantially improve a capital item beyond its original condition;

      (b)work done to maintain or repair a capital item in circumstances where it would have been more cost effective to replace the capital item.

    3. Matters not to be funded from capital works fund or recurrent charges—Act, s 141 (3) (e)

      Work mentioned in section 25 is not authorised to be funded from the capital works fund or recurrent charges of a retirement village.

    4. Capital works fund—Act, s 143 (4)

      If the operator of a retirement village is a property trust or other corporation constituted by an Act, money in the capital works fund for the village may be held in a fund administered by the property trust or corporation.

    5. Use of capital works fund amounts—Act, s 144 (1) (c)

      The operator of a retirement village may use money from the capital works fund for a purpose (other than a purpose mentioned in the Act, section 144 (1) (a) or (b)) if—

      (a)the residents of the village have, by special resolution, consented to the money being used for the purpose; and

      (b)the use of the money for the purpose does not involve the funding of a matter mentioned in the Act, section 141 (3) (Funding of certain capital maintenance and capital replacement).

    6. Minimum public liability insurance—Act, s 145 (4)

      The amount of $10 000 000 is prescribed.

    Division 6.2               Recurrent charges

    1. Notice of fixed formula amendment—Act, s 149 (2) (c)

      A notice of amendment of recurrent charges must include the following:

      (a)the name of the resident and address of the residential premises affected;

      (b)the following statement as the first line of the notice in at least Arial bold font not less than 14 point:

      This is a notice of an amendment of recurrent charges according to a fixed formula.’;

      (c)the fixed formula stated in the contract and a demonstration, by an application of the formula, of the way the new recurrent charges have been calculated;

      (d)the signature of the operator of the retirement village and the date of the signature.

    2. Notice of amendment—recurrent charges amended otherwise than by fixed formula—Act, s 150 (3) (e)

      A notice of amendment of recurrent charges given under the Act, section 150 (Recurrent charges amended otherwise than by fixed formula) must include the following:

      (a)the name of the resident and address of the residential premises affected;

      (b)the following statement as the first line of the notice in at least Arial bold font not less than 14 point:

      This is a notice of an amendment of recurrent charges (otherwise than in accordance with a fixed formula).’;

      (c)the following statements:

      (i)you are not required to pay any increase in your recurrent charges unless this notice complies with the requirements of the Act, section 150 (Recurrent charges amended otherwise than by fixed formula);

      (ii)any increase in recurrent charges does not take effect until at least 60 days after you receive this notice;

      (iii)this notice may be cancelled by a later notice and the later notice may provide for a lesser increase than any increase stated in this notice;

      (iv)the operator of the village must not increase (or attempt to increase) the recurrent charges beyond any upper level stated in the village contract;

      (v)the amendment of the charges does not take effect unless the residents whose recurrent charges will be affected by the amendment consent to it or the ACAT orders that it take effect;

      (vi)the residents concerned must, within 30 days after receiving the notice, meet, consider and vote on the proposed amendment and tell the operator whether or not they consent to it;

      (vii)if the operator is not told whether or not the residents consent to the proposed amendment within the 30-day period, the residents are taken to have refused consent;

      (viii)the operator must give any information in relation to the proposed amendment that the residents committee or, if there is no residents committee, a resident reasonably requests for the purpose of deciding whether to consent to the amendment;

      (ix)if the residents do not consent to the proposed amendment, the operator may apply to the ACAT for an order in relation to the proposed amendment;

      (x)you may apply to the ACAT for an order directing the refund of overpaid recurrent charges on any grounds, including the ground that an increase in the charges came into effect otherwise than in accordance with the Act, division 7.3 (Recurrent charges) (which includes section 150);

      (xi)an application for an ACAT order must be made not later than 1 year after the day the increase came into effect;

      (d)the signature of the operator of the retirement village and the date of the signature.

    3. Information about recurrent charges not needed to be given—Act, s 153 (5)

      The operator of a retirement village is not required to give the following information:

      (a)information about the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator;

      (b)information that is unrelated to the operation of the village;

      (c)information about individual sales or contracts that are not publicly available;

      (d)if the operator of a retirement village is an organisation that is subject to an approved privacy code or the Australian Privacy Principles under the Privacy Act 1988 (Cwlth)—information that would, if it were given, result in a breach of the code or those principles.

    4. Time to give information about recurrent charges—Act, s 153 (6)

      The operator of a retirement village must give information under the Act, section 153 (Residents consent to amendment) within 7 days after the information is first requested.

    Division 6.3               Proposed and approved annual budgets

    1. Matters to be dealt with in proposed annual budget—Act, s 159 (5) (a)

      (1)The following matters must be dealt with in the proposed annual budget for a financial year for a retirement village:

      (a)the amount of recurrent charges payable by residents of the village during the year (including any expected increases in those charges in line with a fixed formula);

      (b)the method of calculating the amount of recurrent charges;

      (c)the total expected income from recurrent charges for the village for the year;

      (d)the effect of the expected surplus or deficit for the current year on the village’s finances;

      (e)all proposed categories of expenditure (without grouping together 2 or more unlike categories);

      (f)the proposed expenditure on each proposed category, the proposed expenditure on each category as mentioned in the approved annual budget for the current year, and the likely actual expenditure on each category for the current year;

      (g)if any expenditure (proposed or actual) is an apportionment of a total expenditure relating to the village and 1 or more other villages or businesses—the method of calculating the apportionment;

      (h)if any residents of the village are paying significantly higher recurrent charges than other residents of the village—the method of calculating the apportionment between the categories of residents;

      (i)the total proposed expenditure of the village for the year;

      (j)the expected surplus or deficit for the year.

      Example—par (h)

      a resident may pay significantly higher recurrent charges than other residents if the resident is receiving optional services

      (2)If the annual budget includes costs associated with the operator’s head office or management or administration fees, those costs must show the goods and services they relate to and the approximate cost of the goods and services.

    2. Matters not to be financed by way of recurrent charges—Act, s 159 (5) (b)

      (1)The following matters must not be financed by way of recurrent charges:

      (a)fees for membership of industrial or professional associations;

      (b)overseas travel by the operator of the retirement village or the operator’s agent or employees;

      (c)any costs associated with marketing vacant units within a retirement village, including costs that may have been included in wages or salaries;

      (d)payroll tax, unless—

      (i)the wages paid by the operator in relation to operating the retirement village are more than the threshold amount; or

      (ii)the residents of the retirement village—

      (A)before 4 March 2013, consented to the financing of payroll tax by way of recurrent charges; and

      (B)have continued to consent to the financing of payroll tax by way of recurrent charges;

      (e)costs associated with the operator’s head office or management or administration fees, unless the costs or fees are associated with providing services to residents of the retirement village.

      (2)In this section:

      threshold amount—see the Payroll Tax Act 2011, schedule 1, section 1.1

    3. Notice accompanying proposed annual budget—Act, s 159 (6) (d)

      The notice accompanying a proposed annual budget must include the following statements:

      (a)the operator must provide the information in relation to the proposed expenditure that the residents committee or, if there is no residents committee, a resident reasonably requests;

      (b)the operator must not spend money received by way of recurrent charges otherwise than in accordance with the approved annual budget, except in a way that would be only—

      (i)a minor amendment of the approved annual budget; or

      (ii)an amendment between items in the approved annual budget if the amendment does not reduce the level of services provided and does not cause total expenditure to be exceeded;

      (c)it is a requirement of the Act, section 159 (Proposed annual budget) that the operator of the village give each resident a copy of the proposed annual budget for the financial year for the village—

      (i)on a day, at least 30 days before the beginning of the financial year to which the budget relates, agreed to by the operator and the residents; or

      (ii)if no day is agreed—at least 60 days before the beginning of the financial year to which the budget relates;

      (d)it is a requirement of the Act, section 162 (Residents’ consent to spending) that the residents—

      (i)tell the operator whether they consent or do not consent to the proposed budget; and

      (ii)if the residents do not consent to the proposed budget—state which item in the proposed budget they object to;

      (e)if the operator is not told whether the residents consent or do not consent to the proposed budget, the residents are taken to have refused consent;

      (f)consent by residents to an amendment of recurrent charges under the village contract is not consent to spending stated in the proposed budget.

    1. Limit on contingencies in annual budget—Act, s 164

      The maximum amount that may be allocated is—

      (a)for an annual budget of $200 000 or less—$1 000; and

      (b)for an annual budget that exceeds $200 000—0.5% of the total amount of the annual budget.

    Division 6.4               Annual accounts

    1. Copies of audited accounts—Act, s 169 (8) (a) (ii)

      A copy of the audited accounts for the village must be displayed on a notice board in a common area of the village for at least 1 month starting not later than 4 months after the end of the financial year to which the accounts relate.

    Division 6.5               Surplus or deficit of accounts

    1. Making good of deficit—Act, s 174 (3) (c)

      The operator of a retirement village may carry forward a deficit to a later financial year to the extent that the deficit is caused by—

      (a)the urgent repair (but not replacement) of a capital item; or

      NoteUrgent—see the Act, s 136.

      (b)an increase in the cost of the following:

      (i)utilities (other than telephone);

      (ii)statutory charges, including rates and taxes;

      (iii)wages and salaries increased under an award or industrial agreement, or a fair work instrument made under the Fair Work Act 2009 (Cwlth);

      (iv)workers compensation and public liability insurance.

    Part 7Disputes

    Division 7.1               Dispute resolution

    1. Representative for residents in dispute—Act, s 176 (2)

      Two or more residents who claim that a dispute mentioned in the Act, section 176 (1) (Disputes between operator and resident—application to ACAT) has arisen may nominate a resident as their representative in the dispute (whether or not the nominated resident is a party to the dispute) if—

      (a)each resident who is a party to the dispute signs a statement to the effect that the resident named in the statement is nominated as the signatory’s representative; and

      (b)the nominated resident gives written consent to the nomination.

    Division 7.2               ACAT—applications and orders

    1. Time for making ACAT applications

      (1)An application to the ACAT under a section of the Act mentioned in an item in schedule 3 (Time for making ACAT applications) must be made within the time mentioned in column 3 of the item.

      (2)An application to the ACAT under any other section of the Act may be made at any time.

    2. ACAT applications by residents committee

      (1)The residents committee for a retirement village may, at the request of 1 or more residents of the village, apply to the ACAT on behalf of the resident for an order for which the resident may apply.

      (2)The residents committee may apply to the ACAT on behalf of all residents of the village for an order for which a resident may apply if the residents consent to the application.

      (3)The residents’ consent must be obtained by—

      (a)the proposal being put to a meeting of the residents; and

      (b)the vote for the proposal being decided by a show of hands.

      (4)A resident who does not want to be a party to the proceeding must give the residents committee written notice of that fact before the application to the ACAT is made.

      (5)If the residents committee receives a written notice from a resident under subsection (4), the committee must exclude the resident from the application.

    3. ACAT may decide other party to application by operator

      The ACAT may, if it considers it appropriate to do so, order that 1 or more stated residents of a retirement village, or all the residents of the village, are the other parties to an application to the ACAT by the operator of the village.

    4. ACAT additional orders—Act, s 181 (1) (k)

      The ACAT may amend, set aside or stay an order of the ACAT in force under the Act.

    5. Differential orders

      The ACAT may make different orders in relation to different residents of a retirement village in deciding—

      (a)an application to which 2 or more residents of the village are parties (whether the application was made jointly by the residents or by the residents committee on behalf of the residents); or

      (b)an application made by the operator of the village to which 2 or more residents are the other parties.

    Part 8Ending residence contracts

    Division 8.1               General principles about ending residence contracts

    1. Time for giving notice to end contract—Act, s 184 (2)

      (1)A notice mentioned in the Act, section 184 (Notice of intention to seek ending of contract) must be given—

      (a)not earlier than 14 days before the intending applicant applies to the ACAT for an order to end a residence contract; and

      (b)not later than the time the intending applicant makes the application to the ACAT.

      (2)If the intending applicant does not apply to the ACAT for the order within 14 days after giving the notice, the intending applicant must give a new notice within the time required under subsection (1) before the application may be made.

      (3)This section does not apply to an application to the ACAT under the Act, section 190 (Ending on grounds of upgrade or change of use).

      NoteUnder the Act, s 190 (2), the operator is required to give the resident at least 12 months written notice of the operator’s intention to apply to the ACAT for an order ending the resident’s residence contract.

    Division 8.2               Uncollected goods

    1. Meaning of uncollected goods—div 8.2

      In this division:

      uncollected goods, of a former occupant of residential premises in a retirement village, do not include the following:

      (a)any additions made to the premises by the former occupant;

      (b)any fixtures installed in the premises by the former occupant.

    2. Disposal of perishable and certain other uncollected goods—Act, s 203 (1) (b)

      (1)The operator of a retirement village may remove and dispose of goods left in residential premises in the village by a former occupant of the village if the goods are—

      (a)perishable foodstuffs; or

      (b)goods that it would be unsafe or unhealthy to store.

      (2)The operator may remove and dispose of the goods—

      (a)if the former occupant’s residence contract was ended by an ACAT order—immediately after the day the former occupant vacated the residential premises; and

      (b)if the residence contract was ended otherwise than by an ACAT order—at any time after the contract is ended.

    3. Storage of other uncollected goods

      (1)The operator of a retirement village commits an offence if the operator fails to deal with uncollected goods of a former occupant of the village (other than goods mentioned in section 49 (1)) in accordance with this section.

      Maximum penalty: 20 penalty units.

      (2)The operator must leave the goods in the residential premises, or store them in a secure place for at least 30 days after—

      (a)the day the operator issued a notice under the Act, section 203 (2) (Disposal of uncollected goods); or

      (b)if the operator does not have a forwarding address for the former occupant (or the address of the executor or administrator of the estate of the former occupant)—

      (i)if the former occupant’s residence contract was ended on an ACAT order—the day the former occupant vacated the residential premises; or

      (ii)in any other case—the day the former occupant’s residence contract was ended.

    4. Claiming uncollected goods

      (1)A person who is entitled to possession of uncollected goods of a former occupant of a retirement village may claim the goods at any time before they are destroyed, sold or otherwise dealt with under this division.

      (2)If the operator of the village is satisfied, on reasonable grounds, that the person claiming the uncollected goods is entitled to them, the operator must deliver up the goods to the person, free of any charge (other than a removal or storage charge).

      (3)The operator may require payment of any reasonable costs and expenses incurred in removing or storing the goods before delivering the goods to the person.

      (4)However, if the claim is for some but not all of the goods and the remaining goods are of sufficient value to cover the reasonable costs and expenses of removing or storing all the goods, the operator must deliver the claimed goods to the person without requiring payment for removal or storage.

    5. Disposal of uncollected goods after storage

      (1)This section applies to uncollected goods mentioned in section 50.

      (2)The operator of a retirement village commits an offence if, at the end of the 30-day period mentioned in section 50 (2), the operator fails to deal with the uncollected goods in accordance with this section.

      Maximum penalty: 20 penalty units.

      (3)The operator must send any uncollected personal documents of a former occupant of the village to—

      (a)the former occupant’s forwarding address; or

      (b)the address of the executor or administrator of the former occupant’s estate.

      (4)If the operator does not have an address mentioned in subsection (3), the operator must—

      (a)if possible, return the personal documents to their place of origin; and

      Examples

      ·return financial statements to the issuing financial institution

      ·return a licence to the issuing authority

      ·return a passport to the Commonwealth Government

      (b)keep the other personal documents in a secure place for at least 6 months, and then dispose of them as the operator sees fit, taking reasonable steps to ensure the privacy of the former occupant or any other person.

      (5)If the operator believes on reasonable grounds that an individual item of uncollected goods (other than a personal document) is worth less than $100, the operator may give the item to a charitable organisation or otherwise dispose of it.

      (6)The operator must sell by public auction any item of uncollected goods (other than a personal document) that the operator believes on reasonable grounds is worth $100 or more.

      (7)In this section:

      personal documents, of a former occupant, means certificates, financial records and statements, licences, medical records, passports, personal correspondence, photographs and any other document the former occupant (or a member of the former occupant’s family) would reasonably be expected to want to keep.

    6. Records and accounting

      (1)The operator of a retirement village must make and keep for at least 2 years a record of all uncollected goods that the operator disposes of under section 52.

      (2)The operator must account to the former occupant (or to the executor or administrator of the former occupant’s estate) for the balance of the proceeds of the sale of the goods after the deduction of the reasonable costs of removing, storing and selling the goods.

      (3)However, if the operator does not have an address mentioned in section 52 (3), the balance of the proceeds must be dealt with as unclaimed amounts under the Unclaimed Money Act 1950, part 3 (Unclaimed amounts payable by companies).

    Part 9Prescribed rates of interest

    1. Prescribed rate of interest—Act, s 213 (3)

      The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).

      NoteThe rate for the Act, s 41 (5) (b) is prescribed by s 9.

    2. Prescribed rate of interest—Act, s 235 (6) (b)

      The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).

      NoteThe rate for the Act, s 41 (5) (b) is prescribed by s 9.

    3. Prescribed rate of interest—Act, s 237 (3)

      The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).

      NoteThe rate for the Act, s 41 (5) (b) is prescribed by s 9.

    4. Prescribed rate of interest—Act, s 238 (8) (b)

      The prescribed rate of interest is the rate prescribed for the Act, section 41 (5) (b).

      NoteThe rate for the Act, s 41 (5) (b) is prescribed by s 9.

    Part 10Protection of ingoing contributions paid by residents other than registered interest holders

    1. Refund of ingoing contribution—Act, s 241 (1) (b)

      The amount of $10 000 is prescribed.

    Part 11Consent of residents

    1. Conduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)

      A written ballot must be conducted in accordance with schedule 4, part 4.2 (Conducting a written ballot).

    2. When written ballot required—Act, sch 1, s 1.3 (2)

      (1)The residents of a retirement village may decide, by a show of hands at any meeting at which a particular measure or action is discussed, whether the vote on the measure or action is to be taken by a written ballot.

      (2)If 50% or more of the residents present at the meeting decide that the vote is to be taken by a written ballot, the vote must be taken by a written ballot.

      NoteA written ballot is also required if a measure or action requires a special resolution (see Act, sch 1, s 1.5).

    60AConduct of written ballots for special resolutions—Act, sch 1, s 1.5

    A written ballot in relation to a measure or action requiring a special resolution must be conducted in accordance with schedule 4—

    (a)part 4.2 (Conducting a written ballot); and

    (b)part 4.3 (Additional requirements for special resolution).

    Part 12Miscellaneous

    1. Resident—Act, dict, def resident, par (b) (ii)

      (1)A person to whom subsection (2) applies is prescribed.

      (2)This subsection applies to a person who—

      (a)is the domestic partner of another resident; and

      (b)occupies residential premises in the retirement village with the other resident; and

      (c)continues to occupy the residential premises after the other resident dies or permanently vacates the premises.

      NoteDomestic partner—see the Legislation Act, s 169 (1).

    Schedule 1Contents of village contracts

    (s 13 (1))

    Part 1.1Matter to be included in village contracts

    1.1Information to be included in village contract

    A village contract for a resident in a retirement village must include the following information:

    (a)the name of the retirement village to which the contract relates;

    (b)the address in the village of the resident’s residential premises;

    (c)the full names of the parties to the contract;

    (d)the signatures of the parties to the contract;

    (e)the name and address of an operator of the village who is not a party to the contract;

    (f)the name and address of the resident’s agent (if any) appointed under the Act, section 101 (Right to appoint agent);

    (g)the date the disclosure statement and the information under the Act, section 28 (Information to be given to prospective residents) were given to the resident (or a person acting on the resident’s behalf);

    (h)the date the contract is made;

    (i)if the operator is the other party to the contract—

    (i)the name and address of the operator’s agent (if any);

    (ii)the date the copy of the contract was given to the resident (or a person acting on the resident’s behalf);

    (iii)the amount of any ingoing contribution payable by the resident and the date by when it must be paid;

    (iv)the amount of recurrent charges payable by the resident as at the date the contract is drafted;

    (v)the date from which those charges become payable;

    (vi)the date agreed as the date the resident is entitled to occupy the premises (subject to completion of construction, and not precluding an earlier date if an earlier date is later agreed between the operator and the resident);

    (j)a provision reflecting the Act, section 88 (Compliance with village rules by people other than operator and residents);

    (k)if a residence contract entitles the resident to the use of a garage, parking space or storeroom—details of the garage, parking space or storeroom.

    1.1ATime for payment of ingoing contribution instalments

    (1)This section applies if a village contract provides that the ingoing contribution must be paid in instalments at intervals stated in the contract.

    (2)The village contract must state the day that the balance of the ingoing contribution is payable.

    Part 1.2Headings and additional matter to be included in village contracts

    1.2Cooling-off period

    (1)A village contract must include a clause with the heading ‘Cooling‑off period’ printed in bold font.

    (2)The clause must—

    (a)explain the resident’s rights to rescind the contract free of any loss or penalty during the cooling-off period; and

    (b)state—

    (i)the length of the cooling-off period; and

    (ii)the method by which the resident can rescind the contract; and

    (iii)the time within which any money the rescinding party has paid under the contract is to be repaid.

    (3)A residence contract must include a statement to the effect that the cooling-off period is waived if the resident begins living in the premises.

    1.3Retirement village legislation

    (1)A village contract must include a clause with the heading ‘Retirement village legislation’ printed in bold font.

    (2)The clause must include a statement—

    (a)about the existence of the Act and this regulation; and

    (b)to the effect that the contract is subject to the provisions of the Act and this regulation.

    1.4Ingoing contribution

    (1)A village contract must include a clause with the heading ‘Ingoing contribution’ printed in bold font.

    (2)The clause must include the following:

    (a)if an ingoing contribution is to be paid by instalments—a statement setting out the conditions under which it is to be paid;

    (b)a statement about whether interest is payable to the resident while the operator has use of the ingoing contribution;

    (c)if part or all of the ingoing contribution is to be non‑refundable—a statement to that effect;

    (d)a statement about how much of the ingoing contribution the resident will get back if, after the cooling-off period, the resident—

    (i)dies before taking up residence in the residential premises; or

    (ii)after taking up residence, permanently vacates the premises within the period stated in the contract.

    1.5Recurrent charges

    (1)A village contract must include a clause with the heading ‘Recurrent charges’ printed in bold font.

    (2)The clause must include the following:

    (a)the intervals or dates when any recurrent charges are payable under the contract;

    (b)how the recurrent charges may be paid;

    (c)if recurrent charges payable by the resident are to be amended in accordance with a fixed formula—

    (i)the intervals or dates when recurrent charges are to be amended; and

    (ii)the fixed formula used to decide amendments in the amount of recurrent charges; and

    (iii)the amount of written notice (not less than 14 days) that will be given to the resident to amend the amount of recurrent charges;

    (d)if recurrent charges payable by the resident may be amended other than in accordance with a fixed formula—

    (i)the intervals or dates when the operator may propose an amendment of the amount of recurrent charges; and

    (ii)any upper limit by which the operator agrees not to propose an increase; and

    (iii)the amount of written notice (not less than 60 days) that will be given to the resident if an amendment is proposed; and

    (iv)a statement to the effect that the amount of recurrent charges cannot be amended unless affected residents consent to the amendment or the ACAT orders the amendment to take effect;

    (e)a statement to the effect that if the resident is absent from the village for any reason for at least the period (of not more than 28 consecutive days) stated in the contract, the resident is not liable for recurrent charges for optional services in relation to the remainder (if any) of that absence;

    (f)a statement about whether the resident is liable to continue to pay recurrent charges after permanently vacating the premises and, if so, for what period and under what conditions.

    1.6Services and facilities

    (1)A village contract must include a clause with the heading ‘Services and facilities’ printed in bold font.

    (2)The clause must include the following:

    (a)a description of all services provided or made available to the resident by, or on behalf of, the operator;

    (b)a statement about any additional or optional services available to the resident on a ‘user pays’ basis, and the cost of those services as at the date of preparation of the contract;

    (c)a list of all facilities within the village available for the resident’s use.

    (3)The contract must identify any services or facilities that the development consent for the village requires to be provided for the life of the village.

    (4)Representations (if any) about proposed services or facilities made before the contract is entered into—

    (a)must be stated in the contract; and

    (b)must identify the service or facility; and

    (c)must state the date by when that service or facility is to be provided or made available.

    (5)The contract—

    (a)may distinguish between general services and optional services; and

    (b)if it does, must include a statement to the effect that the ACAT has the power to override this determination in the event of a dispute.

    (6)The contract must include a statement drawing the resident’s attention to the fact that services and facilities may be reduced or (except for those required by the development consent to be provided for the life of the village) withdrawn or otherwise amended, but only if the residents of the village pass a special resolution in accordance with the provisions of the Act.

    (7)The contract must make it clear that the resident has no right to compensation if services or facilities are reduced or withdrawn or otherwise amended in accordance with a special resolution of the residents.

    1.7Fixtures, fittings and furnishings

    (1)A village contract must include a clause with the heading ‘Fixtures, fittings and furnishings’ printed in bold font.

    (2)The clause must list the fixtures, fittings and furnishings that are to be provided in the residential premises.

    1.8Repairs and maintenance

    (1)A village contract must include a clause with the heading ‘Repairs and maintenance’ printed in bold font.

    (2)The clause must set out the process by which the resident can ask the operator to carry out necessary repairs and maintenance.

    1.9Alterations and additions

    (1)A village contract must include a clause with the heading ‘Alterations and additions’ printed in bold font.

    (2)The clause must—

    (a)state the conditions under which a resident may alter or add to the residential premises; and

    (b)include a provision to the effect that the resident may, at any time before permanently vacating the premises, remove any fixture that the resident has added to the premises.

    1.10Operator’s access to premises

    (1)A village contract must include a clause with the heading ‘Operator’s access to premises’ printed in bold font.

    (2)The clause must set out the circumstances under which the operator, or a person authorised by the operator, may enter the residential premises.

    1.11Village rules

    (1)A village contract must include a clause with the heading ‘Village rules’ printed in bold font.

    (2)The clause must include a statement to the effect that if a village rule is inconsistent with a term of a village contract—

    (a)the village rule prevails to the extent of the inconsistency; but

    (b)if the inconsistent term of the village contract is a standard term, the term prevails over the rule.

    1.12Dispute resolution

    (1)A village contract must include a clause with the heading ‘Dispute resolution’ printed in bold font.

    (2)The clause must—

    (a)set out the resident’s right to apply to the ACAT if the resident considers a term of the contract to be harsh, oppressive, unconscionable or unjust; and

    (b)draw the resident’s attention to the existence of the ACAT, and the resident’s right to apply for a range of orders from the ACAT, including the following:

    (i)an order that amends or sets aside a provision of the contract or a village rule that conflicts with the Act;

    NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

    (ii)an order that the operator comply with the Act;

    (iii)an order to enforce a provision of the contract or a village rule.

    1.13Changes in operator

    (1)A village contract must include a clause with the heading ‘Changes in operator’ printed in bold font.

    (2)The clause must—

    (a)include a statement to the effect that the terms of the contract are enforceable against an operator of the village; and

    (b)if a trustee is involved—set out the conditions on which the trustee is appointed and any rights the resident may have because of that appointment.

    1.14Ending the contract

    (1)A village contract must include a clause with the heading ‘Ending the contract’ printed in bold font.

    (2)The clause must—

    (a)set out the methods by which the contract may be ended, including a list of the grounds on which the resident or operator may apply to the ACAT to end the contract; and

    (b)include a statement to the effect that the contract cannot be ended by the operator unless the operator obtains an order from the ACAT.

    1.15Transfers

    (1)A village contract must include a clause with the heading ‘Transfers’ printed in bold font.

    (2)The clause must—

    (a)set out the conditions, if any, under which the resident may ask for a transfer to other residential premises within the retirement village, or to other accommodation for older people run by the same operator; and

    (b)disclose the general financial basis on which a transfer may be effected.

    (3)If the operator of the retirement village has an associated facility that is a residential care home, the clause must also include a statement to the effect that—

    (a)places in those facilities are allocated on the basis of a resident’s needs; and

    (b)entry is subject to approval for access; and

    (c)a transfer to the associated facility cannot be guaranteed.

    1.16Departure fees

    (1)A village contract must include a clause with the heading ‘Departure fees’ printed in bold font.

    (2)The clause must—

    (a)state whether a departure fee is payable by the resident on the ending of the contract; and

    (b)if a departure fee is payable—set out the method of working out the departure fee; and

    (c)include a statement to the effect that no departure fee is payable in relation to any period after the resident permanently vacates the premises.

    1.17Capital gain or loss

    (1)A village contract must include a clause with the heading ‘Capital gain or loss’ printed in bold font.

    (2)The clause must state—

    (a)whether any capital gain or loss, or increase in ingoing contribution paid by the incoming resident, is to be shared between the resident and the operator; and

    (b)if so—the relevant percentages.

    1.18Refund of payment to resident

    (1)A village contract must include a clause with the heading ‘Refund of payment to resident’ printed in bold font.

    (2)The clause must—

    (a)set out in full the method of working out any refund or payment due to the resident on ending the contract, the time for its payment and any relevant conditions on its payment; and

    (b)if 2 or more residents are parties to the contract—

    (i)state whether a partial refund is payable if 1 resident permanently vacates the residential premises; and

    (ii)if so, the circumstances under which a partial refund is payable.

    1.19Changes to this contract

    (1)A village contract must include a clause with the heading ‘Changes to this contract’ printed in bold font.

    (2)The contract must include a statement to the effect that the resident is not obliged to agree to amend the contract, or to end the contract and enter into a new one, because of changes in legislation (unless the legislation requires the amendment or ending) or for any other reason.

    1.20Annexures

    (1)A village contract must include a clause with the heading ‘Annexures’ printed in bold font.

    (2)The clause must mention the following, which must be annexed to the contract:

    (a)a copy of the disclosure statement given to the resident;

    (b)a copy of the current village rules (if any);

    (c)a copy of any applicable condition report.


    Schedule 2Matter to be excluded from village contracts

    (s 13 (2))

    2.1Dispute resolution

    A village contract must not require the parties to the contract to attempt to resolve disputes between them by any process other than the process provided under the Act.

    2.2Wills

    A village contract must not require a resident to have a will or to tell the operator about the location of a will.

    2.3Insurance

    (1)A village contract must not include a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance, ambulance fund or other form of health insurance.

    (2)However, the contract may require a resident who uses a motorised wheelchair to take out appropriate insurance in relation to the wheelchair.

    2.4Legal, accounting and other expenses

    A village contract must not include a provision enabling a resident to be charged individually for legal, accounting or other services incurred by the operator in—

    (a)corresponding with the resident or a person acting on the resident’s behalf; or

    (b)enforcing the contract.

    2.5Absences

    A village contract must not restrict the time a resident may be absent from the village.

    2.6Penalty terms

    A village contract must not provide that, if a resident breaches the contract or the village rules, the resident is liable to pay—

    (a)an increased amount of recurrent charges; or

    (b)an amount as a penalty; or

    (c)an amount as liquidated damages.

    2.7Exclusions

    A village contract must not include a provision to the effect that a resident will not have the benefit or advantage of any legislation that may come into force and has the effect of relieving the resident of any obligation or liability under the contract.

    2.8Recurrent charges

    (1)This section applies to a village contract that makes provision for the recurrent charges payable by a resident to be amended according to a fixed formula.

    (2)The formula must not include a component relating to the actual or proposed expenditure of the village.

    2.9Disclaimers

    A village contract must not include a provision removing liability from the operator for any negligent act or omission by the operator, its employees or agents.

    2.10Entire agreement

    A village contract must not include a provision to the effect that the written contract represents the entire agreement between the parties to the contract.

    2.11Current value of premises

    A village contract must not include a provision that requires a former occupant to pay the difference between—

    (a)any value determined for, or assigned to, the occupant’s residential premises (by the operator or otherwise) before a village contract with a prospective resident in relation to the premises is entered into; and

    (b)the amount paid by a prospective resident under a village contract for the premises.


    Schedule 3Time for making ACAT applications

    (s 42 (1))

    column 1

    item

    column 2

    section

    column 3

    time during which application may be made

    1 27 (2) not earlier than 14 days after date of request for general inquiry document or disclosure statement
    2 57 (3) not earlier than 1 month after service of rescission notice
    3 57 (9) (a) up to 3 months after date of rescission
    4 57 (9) (b) up to 3 months after date of rescission
    5 58 (4) up to 3 months after date of rescission
    6 85 (4) up to 30 days after date of notification of refusal to consent
    7 153 (6) no earlier than 14 days after date of request by residents committee under section 153 (4)
    8 154 (1) up to 30 days after date of notification of refusal to consent or, if residents do not notify, up to 14 days after end of period under section 153 (2)
    9 161 not earlier than 59 days immediately before commencement of the financial year and any time until the end of the financial year
    10 186 (2) up to 7 days after date of notification of differing opinion as to condition of premises
    11 188 (1) not later than 14 days after service of notice under section 184
    12 188 (2) not later than 14 days after service of notice under section 184
    13 189 (1) up to 30 days after alleged incident became known to operator
    14 195 (2) up to 30 days after date set for vacation by earlier ACAT order
    15 202 (2) any time before goods are disposed of under section 203
    16 203 (1)

    not earlier than 30 days after date of notice required under section 203 (2)

    if the notice cannot be given, application cannot be made earlier than 30 days after the date—

        (a)     if the residence contract was ended by an ACAT order—the former occupant vacated premises; or

        (b)     in any other case—the residence contract was ended

    17 206 (2) up to 12 months after date operator deals with the goods
    18 219 (4) up to 3 months after date of receipt of claim
    19 238 (6) not earlier than 1 month before end of period mentioned in section 238 (2) (h) and not later than 14 days after end of that period
    20 240 (3) (a) up to 14 days after due date for payment

    Schedule 4Conduct of written ballots

    (s 59)

    Part 4.1Preliminary

    4.1Definitions—sch 4

    In this schedule:

    ballot means a ballot conducted at a meeting of residents of a retirement village.

    qualified voter, for a ballot, means a resident of the retirement village where the ballot is conducted.

    returning officer, for a ballot, means a person elected as returning officer under section 4.3.

    Part 4.2Conducting a written ballot

    4.2Application—pt 4.2

    This part applies if a written ballot is required at a meeting of residents of a retirement village.

    NoteA written ballot may be required under s 60 and is required for a special resolution (see Act, sch 1, s 1.5).

    4.3Election of returning officer

    (1)The residents of a retirement village must elect a returning officer for a written ballot by a show of hands at a meeting of the residents.

    (2)A person is eligible to be selected as a returning officer for a written ballot if the person is—

    (a)a resident of the retirement village; and

    (b)not a member of the residents committee; and

    (c)not standing for election to the residents committee.

    4.4Conduct of written ballot

    (1)Before the meeting for a written ballot, the ballot papers must be prepared by—

    (a)the residents committee for the retirement village; or

    (b)if the residents committee has not convened the meeting or there is no residents committee for the village—the operator of the village.

    (2)Enough ballot papers must be prepared so that a ballot paper can be given to each qualified voter.

    (3)The ballot paper must contain details of the measure or action for which the ballot is being held and directions about the way a vote is to be recorded and returned to the returning officer.

    Example

    The ballot paper may have the question to be answered followed by a ‘yes’ box and a ‘no’ box and instructions that the vote clearly mark one of the boxes with a tick or cross.

    (4)At the meeting, the returning officer must give each qualified voter (or if the qualified voter has a proxy, the voter’s proxy) a ballot paper initialled by the person who prepared the ballot paper.

    (5)In order to vote on the resolution at the meeting, a qualified voter (or if the qualified voter has a proxy, the voter’s proxy) must do the following:

    (a)record a vote on the ballot paper in accordance with the directions shown on it;

    (b)fold the completed ballot paper so that the vote cannot be seen;

    (c)place the ballot paper in the ballot box.

    4.5Counting and reporting votes

    (1)The returning officer must, as soon as practicable after a vote is completed, work out the result of the vote by counting the votes, including any proxy or postal votes.

    (2)When the result of the vote is worked out, the returning officer must—

    (a)announce the result; and

    (b)prepare a written report of the result; and

    (c)give copies of the report to the residents.

    (3)The returning officer must—

    (a)give copies of the report to the residents committee (if any); and

    (b)place a copy of the report on a notice board in a communal area within the retirement village.

    4.6Returning officer’s decision final

    A decision of the returning officer in relation to a vote is final.

    Part 4.3Additional requirements for special resolution

    4.7Application—pt 4.3

    This part applies if a measure or action relating to a retirement village requires a special resolution.

    4.8Special resolution—notice

    (1)A resolution about a measure or action requiring a special resolution must be put to a meeting of the residents of the village.

    (2)Each resident of the village must be given at least 21 days written notice of the meeting by—

    (a)the residents committee for the village; or

    (b)if the residents committee has not convened the meeting or there is no residents committee for the village—the operator of the village.

    (3)However, for a vote under the Act, section 112 (5) in relation to a special resolution at a meeting, each resident must be given at least 14 days written notice of the meeting.

    NoteUnder the Act, s 112 (5), residents of a village may vote at a meeting to allow each resident occupying the same residential premises to have a separate vote at the meeting.

    (4)The notice must—

    (a)include the resolution; and

    (b)state that the resolution is to be put as a special resolution; and

    (c)state that residents of the village may cast their vote, in writing, before the meeting; and

    (d)state that, if a resident wishes to cast their vote before the meeting, the resident may—

    (i)ask the entity that convened the meeting for a ballot paper; and

    (ii)cast a postal vote in accordance with section 4.9.

    4.9Special resolution—postal vote

    (1)A qualified voter may, before a meeting for a special resolution, cast a vote (a postal vote) by giving it in writing to—

    (a)the residents committee; or

    (b)if the residents committee has not convened the meeting or there is no residents committee for the village—the operator of the village.

    (2)A postal vote received before the meeting must be kept in a safe and secure place.

    (3)At the meeting, each postal vote must be—

    (a)accounted for against a current list of residents; and

    (b)handed to the returning officer.

    (4)If a qualified voter has cast a postal vote in accordance with this section, the voter cannot—

    (a)change or withdraw the postal vote; or

    (b)vote in person or by proxy at the meeting in relation to the special resolution.

    4.10Special resolution—quorum

    (1)A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless a quorum is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.

    (2)A quorum is made up by 1 of the following:

    (a)for a village that is subject to a units plan—a minimum of 1/3 of the qualified voters in the units plan;

    (b)for a village that has fewer than 10 occupied residential premises—the qualified voters from a majority of the occupied premises;

    (c)in any other case—a minimum of 5 qualified voters, or 1/2 of qualified voters (whichever is the greater).

    (3)If a quorum is not present within 1/2 an hour after the resolution arises for consideration at the meeting, the meeting must be adjourned for at least 7 days.

    (4)If a quorum is not present within 1/2 an hour after the time fixed for the adjourned meeting, the qualified voters present personally or by proxy or postal vote constitute a quorum for considering the resolution.


    Dictionary

    (see s 3)

    Note 1The Legislation Act contains definitions relevant to this regulation. For example:

    ·     Act

    ·     Corporations Act

    ·     director-general (see s 163)

    ·     domestic partner (see s 169 (1))

    ·     fail

    ·     human rights commission.

    Note 2Terms used in this regulation have the same meaning that they have in the Retirement Villages Act 2012 (see Legislation Act, s 148). For example, the following terms are defined in the Retirement Villages Act 2012, dict:

    ·     annual management meeting

    ·     approved annual budget

    ·     capital gain

    ·     capital item

    ·     capital maintenance

    ·     capital works fund

    ·     close associate, of the operator of a retirement village

    ·     community title scheme

    ·     company title scheme

    ·     condition report

    ·     disclosure statement

    ·     former occupant

    ·     financial year, of a retirement village

    ·     ingoing contribution

    ·     operator, of a retirement village

    ·     owners corporation

    ·     permanently vacate, residential premises

    ·     proposed annual budget

    ·     prospective resident

    ·     proxy

    ·     recurrent charge

    ·     registered provider

    ·     residence contract

    ·     residential care home

    ·     residential premises

    ·     resident, of a retirement village

    ·     residents committee

    ·     retirement village

    ·     special resolution

    ·     village contract

    ·     village rules.

    ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.

    prevention of elder abuse strategy—see section 18A (1).

    qualified voter, for a ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.

    returning officer, for a ballot, for schedule 4 (Conduct of written ballots)—see schedule 4, section 4.1.

    uncollected goods, for division 8.2 (Uncollected goods)—see section 48.

    Endnotes

    1. About the endnotes

      Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

      Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

      Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

      If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

      The endnotes also include a table of earlier republications.

    2. Abbreviation key

    A = Act NI = Notifiable instrument
    AF = Approved form o = order
    am = amended om = omitted/repealed
    amdt = amendment ord = ordinance
    AR = Assembly resolution orig = original
    ch = chapter par = paragraph/subparagraph
    CN = Commencement notice pres = present
    def = definition prev = previous
    DI = Disallowable instrument (prev...) = previously
    dict = dictionary pt = part
    disallowed = disallowed by the Legislative r = rule/subrule
    Assembly reloc = relocated
    div = division renum = renumbered
    exp = expires/expired R[X] = Republication No
    Gaz = gazette RI = reissue
    hdg = heading s = section/subsection
    IA = Interpretation Act 1967 sch = schedule
    ins = inserted/added sdiv = subdivision
    LA = Legislation Act 2001 SL = Subordinate law
    LR = legislation register sub = substituted
    LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
    mod = modified/modification or to be expired
    1. Legislation history

      Retirement Villages Regulation 2013 SL2013-5

      notified LR 1 March 2013
      s 1, s 2 commenced 1 March 2013 (LA s 75 (1))
      remainder commenced 4 March 2013 (s 2 and see Retirement Villages Act 2012 A2012-38, s 2 and LA s 79)

      as amended by

      Retirement Villages Amendment Regulation 2013 (No 1) SL2013-21

      notified LR 15 August 2013
      s 1, s 2 commenced 15 August 2013 (LA s 75 (1))
      remainder commenced 16 August 2013 (s 2)

      Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.15

      notified LR 10 November 2014
      s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

      sch 1 pt 1.15 commenced 17 November 2014 (s 2)

      Retirement Villages Amendment Act 2016 A2016-30 pt 3

      notified LR 16 June 2016
      s 1, s 2 commenced 16 June 2016 (LA s 75 (1))
      pt 3 commenced 16 December 2016 (s 2 and LA s 79)

      Retirement Villages Amendment Regulation 2016 (No 1) SL2016-27

      notified LR 8 September 2016
      s 1, s 2 commenced 8 September 2016 (LA s 75 (1))
      remainder commenced 16 December 2016 (s 2 and see Retirement Villages Amendment Act 2016 A2016-30, s 2 and LA s 79)

      Retirement Villages Legislation Amendment Act 2019 A2019-10 pt 5

      notified LR 11 April 2019
      s 1, s 2 commenced 11 April 2019 (LA s 75 (1))
      pt 5 commenced 1 July 2019 (s 2 (1) and CN2019-11)

      Justice and Community Safety Legislation Amendment Act 2021 A2021-3 pt 18

      notified LR 19 February 2021
      s 1, s 2 commenced 19 February 2021 (LA s 75 (1))
      pt 18 commenced 26 February 2021 (s 2 (1))

      Fair Trading and Other Justice Legislation Amendment Act 2022 A2022-8 pt 9

      notified LR 11 May 2022
      s 1, s 2 commenced 11 May 2022 (LA s 75 (1))
      pt 9 commenced 12 May 2022 (s 2 (1))

      Planning (Consequential Amendments) Act 2023 A2023-36 sch 1 pt 1.57

      notified LR 29 September 2023
      s 1, s 2 commenced 29 September 2023 (LA s 75 (1))
      sch 1 pt 1.57 commenced 27 November 2023 (s 2 (1) and see Planning Act 2023 A2023-18, s 2 (2) and CN2023-10)

      Retirement Villages Amendment Regulation 2025 (No 1) SL2025-1

      notified LR 27 February 2025
      s 1, s 2 commenced 27 February 2025 (LA s 75 (1))
      remainder commenced 27 May 2025 (s 2)

      Retirement Villages Amendment Regulation 2025 (No 2) SL2025-14

      notified LR 24 July 2025
      s 1, s 2 commenced 24 July 2025 (LA s 75 (1))
      remainder commenced 25 July 2025 (s 2)

      Justice and Community Safety Legislation Amendment Act 2025 (No 3) A2025-22 sch 1 pt 1.7

      notified LR 12 September 2025

      s 1, s 2 commenced 12 September 2025 (LA s 75 (1))
      sch 1 pt 1.7 commenced 1 November 2025 (s 2 (3) (a) and see Aged Care Act 2024 (Cwlth) s 7)

    2. Amendment history

      Commencement

      s 2om LA s 89 (4)

      General inquiry document—Act, s 23 (2)

      s 6Ains A2016‑30 s 57

      am A2025‑22 amdt 1.25

      Disclosure statement—Act, s 24 (3)

      s 7sub A2016‑30 s 58

      am A2023-36 amdt 1.334; A2025‑22 amdt 1.26

      Prevention of elder abuse strategy—Act, s 91 (2) (h)

      s 18Ains SL2025‑1 s 4

      Prevention of elder abuse strategy—publication and availability

      s 18Bins SL2025‑1 s 4

      Prevention of elder abuse strategy—review

      s 18Cins SL2025‑1 s 4

      Membership of residents committee—Act, s 104 (1)

      s 20am SL2025‑1 ss 5-7

      Questions at annual meeting—Act, s 110 (3) (b)

      s 22am A2014‑49 amdt 1.33

      Appointment of proxies—Act, s 116 (2)

      s 23am A2022-8 s 224

      Notice of amendment—no fixed formula and not exceeding CPI—Act, s 150 (4) (c)

      s 31om SL2016‑27 s 4

      Notice of amendment—recurrent charges amended otherwise than by fixed formula—Act, s 150 (3) (e)

      s 32 hdgsub SL2016‑27 s 5

      s 32am SL2016‑27 s 5, s 6

      Information about recurrent charges not needed to be given—Act, s 153 (5)

      s 33am A2014‑49 amdt 1.33

      Matters to be dealt with in proposed annual budget—Act, s 159 (5) (a)

      s 35 hdgsub A2021-3 s 41

      Matters not to be financed by way of recurrent charges—Act, s 159 (5) (b)

      s 36 hdgsub A2021-3 s 41

      s 36am SL2013-21 s 4

      Notice accompanying proposed annual budget—Act, s 159 (6) (d)

      s 37 hdgsub A2021-3 s 41

      s 37sub SL2016‑27 s 7

      Representative for residents in dispute—Act, s 176 (2)

      s 41am SL2016‑27 s 8

      ACAT applications by residents committee

      s 43am SL2025‑14 s 4

      Storage of other uncollected goods

      s 50am SL2013-21 s 5; ss renum R2 LA

      Disposal of uncollected goods after storage

      s 52am SL2013-21 s 6; ss renum R2 LA

      Prescribed rate of interest—Act, s 238 (8) (b)

      s 57 hdgsub SL2016‑27 s 9

      Consent of residents

      pt 11 hdgsub A2022-8 s 225

      Conduct of written ballots generally—Act, sch 1, s 1.3 (1) (b)

      s 59sub A2022-8 s 225

      When written ballot required—Act, sch 1, s 1.3 (2)

      s 60exp 4 March 2018 (s 60 (2))

      insA2022-8 s 225

      Conduct of written ballots for special resolutions—Act, sch 1, s 1.5

      s 60Ains A2022-8 s 225

      Transitional

      pt 20 hdgom SL2013-21 s 7

      Matters not to be financed by way of recurrent charges—Act, s 159 (4) (b)—s 36

      s100om SL2013-21 s 7

      Time for payment of ingoing contribution instalments

      sch 1 s 1.1Ains A2016‑30 s 59

      Transfers

      sch 1 s 1.15am A2025‑22 amdt 1.27, amdt 1.28

      Current value of premises

      sch 2 s 2.11ins A2016‑30 s 60

      Time for making ACAT applications

      sch 3am SL2016‑27 s 10

      Definitions—sch 4

      sch 4 s 4.1def returning officer am SL2025‑1 s 8

      Application—pt 4.2

      sch 4 s 4.2sub A2022-8 s 226

      Election of returning officer

      sch 4 s 4.3am A2022-8 s 227; ss renum R8 LA; SL2025‑1 s 9; SL2025‑14 s 5

      Conduct of written ballot

      sch 4 s 4.4am A2022-8 s 228; ss renum R8 LA; SL2025‑1 s 10, s 11; ss renum R10 LA

      Additional requirements for special resolution

      sch 4 pt 4.3 hdg     am A2022-8 s 229

      Special resolution—notice

      sch 4 s 4.8am A2019‑10 s 36; ss renum R6 LA; A2022-8 s 230; SL2025‑1 s 12, s 13

      Special resolution—postal vote

      sch 4 s 4.9am SL2025‑1 s 14

      Special resolution—quorum

      sch 4 s 4.10am A2019‑10 s 37

      Modification of Act

      sch 5am SL2013-21 s 8, s 9

      exp 4 March 2018 (s 60 (2))

      Dictionary

      dictam SL2025‑1 s 15, s 16; A2025‑22 amdt 1.29, amdt 1.30

      def prevention of elder abuse strategy ins SL2025‑1 s 17

    3. Earlier republications

      Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

      Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

    Republication No and date Effective Last amendment made by Republication for
    R1
    4 Mar 2013
    4 Mar 2013–
    15 Aug 2013
    not amended new regulation
    R2
    16 Aug 2013
    16 Aug 2013–
    16 Nov 2014
    SL2013‑21 amendments by SL2013‑21
    R3
    17 Nov 2014
    17 Nov 2014–
    15 Dec 2016
    A2014-49 amendments by A2014-49
    R4
    16 Dec 2016
    16 Dec 2016–
    4 Mar 2018
    SL2016‑27 amendments by A2016-30 and SL2016‑27
    R5
    5 Mar 2018
    5 Mar 2018–
    30 June 2019
    SL2016‑27 expiry of provisions (s 60, sch 5)
    R6
    1 July 2019
    1 July 2019–
    25 Feb 2021
    A2019-10 amendments by A2019-10
    R7
    26 Feb 2021
    26 Feb 2021–
    11 May 2022
    A2021‑3 amendments by A2021‑3
    R8
    12 May 2022
    12 May 2022–
    26 Nov 2023
    A2022‑8 amendments by A2022‑8
    R9
    27 Nov 2023
    27 Nov 2023–
    26 May 2025
    A2023‑36 amendments by A2023‑36
    R10
    27 May 2025
    27 May 2025–
    24 July 2025
    SL2025‑1 amendments by SL2025‑1
    R11
    25 July 2025
    25 July 2025–
    31 Oct 2025
    SL2025‑14 amendments by SL2025‑14
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