Retirement Villages Regulation 2017 (NSW)
This Regulation is the Retirement Villages Regulation 2017.
This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.
This Regulation replaces the Retirement Villages Regulation 2009 which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Notes included in this Regulation (other than Schedule 1) do not form part of this Regulation.
For the purposes of the definition of
(a) work done to substantially improve an item of capital beyond its original condition,
(b) work done to maintain or repair an item of capital in circumstances where it would have been more cost effective to replace the item of capital.
For the purposes of paragraph (d) of the definition of
(a) fixtures (for example, bench tops, built-in cupboards and wardrobes, floor coverings, hot water systems and stoves),
(b) fittings (for example, light fittings, taps and sanitary fittings),
(c) furnishings (for example, curtains and blinds),
(d) non-fixed items (for example, whitegoods, portable air conditioners, fans, tables and chairs).
For the purposes of paragraph (b) of the definition of
(a) the relevant community association, neighbourhood association or precinct association of a retirement village that is subject to a community land scheme, or
(b) the owners corporation of a retirement village that is subject to a strata scheme, or
(c) the company that is the owner of a retirement village that is subject to a company title scheme,
and who enters into individual village contracts with the residents of the village (or arranges for another person to enter into those contracts) is prescribed.
For the purposes of the definition of
(a) the provision of meals,
(b) laundry services,
(c) home cleaning,
(d) domestic services (for example, hairdressing, shopping assistance or pharmaceutical services).
For the purposes of paragraph (c) of the definition of
(a) was the spouse or de facto partner of a resident of a retirement village immediately before the resident died or otherwise permanently vacated the premises, and
(b) occupied residential premises in the retirement village with that resident, and
(c) continues to occupy the premises.
However, if the resident has died, subclause (1) does not apply if the terms of that resident’s will are such as to require (whether directly or indirectly) the spouse or de facto partner to vacate the residential premises concerned.
The will might provide, for example, for a bequest of a sum of money that the deceased resident’s estate can raise only by delivering vacant possession of the residential premises to the operator of the village so as to obtain a refund of the deceased resident’s ingoing contribution.
For the purposes of section 5 (3) (i) of the Act,
For the purposes of section 17 (5A) of the Act, the following representations in relation to a retirement village are prescribed—
(a) that a person is likely to obtain a capital gain at the time of vacating the village,
(b) any estimation of possible variations to future recurrent charges, except where the village contract provides for recurrent charges to be varied in accordance with a fixed formula,
(c) any estimation of the future size of the village except in respect of development where construction is underway and a completion date is known,
(d) any representation in respect of future ownership of the village, except if a contract to transfer ownership of the village has been entered into, in which case details about that contract may be provided,
(e) that the village is an approved provider of residential care within the meaning of the Aged Care Act 1997 of the Commonwealth,
(f) that residents of the village have priority access to residential care by an approved provider under the Aged Care Act 1997 of the Commonwealth.
Section 5 (3) (a) of the Act excludes from the definition of
Schedule 3A sets out the rules of conduct for operators, including rules relating to representations in promotional material.
For the purposes of section 18(2)(a) and (b) of the Act, a general inquiry document must—
(a) be in the form, and contain the information, set out in Schedule 1, Part 1, and
(b) contain a copy of the village rules, and
(c) contain a copy of the document Moving into a retirement village? prepared by the Department and published on a website of the Department.
For the purposes of section 18(3A)(a) and (b) of the Act, a disclosure statement must—
(a) be in the form, and contain the information, set out in Schedule 1, Part 2, and
(b) contain a copy of the village rules.
A disclosure statement provided to a prospective resident before 1 March 2018 is not required to include the average resident comparison figure.
For the purpose of the form of a disclosure statement,
(a) the total amount of recurrent charges payable under the village contract,
(b) the departure fee payable by the resident if the premises are permanently vacated at the end of that period,
(c) capital gains, if any, payable to the operator by the resident at the end of that period.
The calculation of any amount in the disclosure statement relating to the future value of the property or the entry payment payable by the next resident (however described) is to be determined by varying the outgoing resident’s entry payment in accordance with the average annual change in the March quarterly variation for the preceding 10 years, of whichever of the following indices published by the Australian Bureau of Statistics is applicable to the location of the premises—
(a) Median Price of Established House Transfers (unstratified); Sydney index,
(b) Median Price of Established House Transfers (unstratified); Rest of NSW index,
(c) Median Price of Attached Dwelling Transfers (unstratified); Sydney index,
(d) Median Price of Attached Dwelling Transfers (unstratified); Rest of NSW index.
(Repealed)
For the purposes of section 20 (1) (k) of the Act, the following documents are prescribed—
(a) if the operator of the retirement village and a Residents Committee were parties to any proceedings before a court or a tribunal in the immediately preceding 5 years—each decision or order made in respect of the proceedings and any reasons given by the court or tribunal in respect of any such 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 in which the waiting list operates,
(c) if the retirement village is subject to a company title scheme—such of the following as governs the company concerned—
(i) its constitution,
(ii) the replaceable rules set out in the Corporations Act 2001 of the Commonwealth,
(d) if the retirement village is subject to a community land scheme—
(i) the management statement of the scheme, and
(ii) any management agreement 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 strata scheme—
(i) the by-laws of the scheme, and
(ii) any management agreement relating to the village to which the relevant owners corporation is a party, and
(iii) the minutes of the most recent annual general meeting of the owners corporation,
(f) every other document referred to in the disclosure statement for the village under the heading “Village Contracts”,
(g) certificates of currency and policy documents (stating the nature of the risk insured against and the amount of the insurance) for the insurance required under section 100 of the Act for the retirement village,
(h) the most recent safety inspection report for the retirement village made pursuant to section 58A of the Act,
(i) a detailed list of all currently available premises in the retirement village,
(j) the most recent 3-year report, within the meaning of clause 19A(2).
The operator of a retirement village must make a copy of the most recent safety inspection report made under section 58A of the Act available to any resident who requests a copy within 7 days after the request is made.
For the purposes of section 31 (3) of the Act, the maximum amount payable by a resident for legal and other expenses incurred by the operator in connection with the preparation of a village contract is $50.
The operator, or an agent or employee of the operator, must inspect the premises and complete a condition report in accordance with this clause.
Maximum penalty—10 penalty units.
For the purposes of section 38 (2) of the Act, the condition report must be in the form set out in Part 3 of Schedule 1.
The report is to 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.
The report must be completed to the best of the operator’s knowledge (or, if the inspection is carried out by an agent or employee of the operator, to the best of that agent’s or employee’s knowledge).
If a required date is not known, an approximate date must be given and identified as such.
No less than 14 days must be allowed for the prospective resident (or the prospective resident’s nominee) to examine the report and suggest changes to it.
The report must be signed by the operator (or, if the inspection is carried out by an agent or employee of the operator, by that agent or employee). The prospective resident (or the prospective resident’s nominee) must also sign the report if he or she agrees with it.
For the purposes of section 38 (2A) of the Act, the condition report must be completed and provided to the prospective resident (or the prospective resident’s nominee)—
(a) at least 14 days before the operator and the prospective resident enter into a village contract, or
(b) if the premises are still being constructed, 14 days before the prospective resident occupies the premises.
For the purposes of section 42 (1) of the Act, the matter that is to be excluded from a village contract is the matter set out in Schedule 3.
For the purposes of section 43 (1) of the Act, the standard form of a village contract is the Form set out in Schedule 2.
The standard form of village contract is prescribed for all village contracts except the following—
(a) a contract under which a resident of a retirement village obtains the right to use a garage or parking space, or a storage room, in the village (other than a residence contract or a service contract),
(b) a residence contract relating to premises that are subject to a community land scheme, company title scheme or strata scheme.
Note— A service contract relating to premises referred to in subclause (2) (b) must be in the standard form of village contract.
The operator of a retirement village must not enter into a village contract for which the standard form of village contract is prescribed, knowing that it is not in or to the effect of the standard form.
Maximum penalty—50 penalty units.
For the purposes of section 69A(7)(a)(viii) of the Act, the following information concerning the rights and obligations of a resident who is a registered interest holder referred to in section 7(1)(c) of the Act is prescribed—
(a) the rights of the resident under Part 10AA of the Act in relation to the payment of the resident’s exit entitlement, within the meaning of that Part, by the operator of the retirement village before the resident’s residential premises are sold,
(b) the cessation of the resident’s liability to pay recurrent charges under section 152(2)(e) of the Act.
For the purposes of section 46 (2) (i) of the Act, village rules may relate to the following matters—
(a) security in the retirement village concerned,
(b) the external appearance of residents’ premises in the village,
(c) speed limits within the village,
(d) smoking, the use of motorised wheelchairs or other restrictions on the use of communal areas.
For the purposes of section 112 (3) (a) of the Act, the matters that must be dealt with in a proposed annual budget are the following—
(a) the amount of recurrent charges payable by residents of the village during the year, including—
(i) the expected increases in the recurrent charges in line with a fixed formula, and
(ii) the expected increases in the recurrent charges as a result of clause 26AA,
(b) the method by which that amount has been calculated,
(c) the total expected income from recurrent charges for the village for the year,
(d) the effect of the expected surplus or deficit (as the case may be) for the current year on the finances of the village,
(e) all proposed categories of expenditure (without grouping together 2 or more unlike categories),
(f) the proposed expenditure on each of those categories, the proposed expenditure on each of them as indicated in the approved annual budget for the current year, and the likely actual expenditure on each of them for the current year,
(g) if any expenditure (proposed or actual) is an apportionment of a total expenditure relating to the village and one or more other villages or businesses—the method or calculation by which the expenditure is apportioned,
(h) if any residents of the village are paying significantly higher recurrent charges than some other residents of the village (for example, because they are receiving optional services)—the method or calculation by which expenditure is apportioned between the categories of residents concerned,
(i) the total proposed expenditure of the village for the year,
(j) the expected surplus or deficit for the year.
If the annual budget includes any costs associated with the operator’s head office or any management or administration fees—
(a) those costs or fees are to be itemised to show the goods and services to which they relate and the approximate cost of those goods and services, and
(b) if the operator operates 2 or more retirement villages, details of how the costs or fees have been apportioned between the retirement villages.
Despite subclause (2) (a), an annual budget for a retirement village may provide a break down of the goods and services to which those fees relate instead of an itemised list, but only if the operator gives an undertaking that an itemised list will be provided within 10 business days of a request for the itemised list being made by a resident of the village concerned.
This clause applies only if section 98 of the Act applies to the operator of a retirement village.
In addition to the requirements under section 98 of the Act, the operator of a retirement village must include in the proposed annual budget a report relating to capital maintenance for major items of capital, including shared major items of capital, for a relevant 3-year period that is extracted from the information contained in the asset management plan current for that period (
The following matters must be included in the 3-year report—
(a) in relation to each item of capital maintenance that is proposed to be carried out—
(i) an estimate of the costs of the proposed maintenance, and
(ii) the proposed maintenance dates, and
(iii) the type of maintenance that is proposed to be carried out, and
(iv) an estimate of the costs of any repairs that are proposed to be carried out, and
(v) the type of repairs that are proposed to be carried out,
(b) the amount of recurrent charges set aside in the capital works fund for capital maintenance,
(c) a list of the major items of capital—
(i) that have a year or less of effective life remaining, or
(ii) for an item other than a building—in relation to which the accumulated costs of repairs as at the date on which the 3-year report is prepared are greater than 90% of the purchase price of the item,
(d) for each major item of capital referred to in paragraph (c)—whether it is proposed to replace or continue to maintain the item.
Maximum penalty—20 penalty units.
In this clause—
(a) an item of capital for which the operator of a retirement village is responsible that has a purchase price of $1,000 or more,
(b) a group of items of capital for which the operator of a retirement village is responsible—
(i) that are similar, and
(ii) have the same effective life and financial year of acquisition as each other, and
(ii) each of which has a purchase price of $1,000 or more.
For the purposes of section 112 (4) (e) of the Act, the notice accompanying a proposed annual budget must contain the following statements—
(a) the operator must provide information reasonably requested by the Residents Committee (or, if there is no such Committee established in the village, any resident) in relation to proposed expenditure specified in the budget within 10 business days after the information is requested,
(b) the operator must not expend money received by way of recurrent charges otherwise than in accordance with the approved annual budget, except for—
(i) a minor variation, or
(ii) a variation between items in the approved annual budget if the variation does not reduce the level of services provided and does not cause total expenditure to be exceeded.
If the recurrent charges within the budget have been increased since the previous annual budget and section 106 of the Act applies to that increase, the notice accompanying a proposed annual budget must also contain the following statements—
(a) it is a requirement of section 112 of the Retirement Villages Act 1999 that the operator of the village supply each resident with a proposed annual budget for the financial year of the village at least 60 days before the commencement of the financial year concerned,
(b) it is a requirement of section 114 of that Act that the residents advise the operator of whether or not they consent to the proposed budget (and, if they do not consent, they must specify the item or items in the proposed budget to which they object),
(c) if the operator is not advised one way or the other, the residents are taken to have refused consent.
If the recurrent charges within the budget have not been increased since the previous annual budget or if those charges have been increased but section 106 (1) of the Act does not apply to that increase, the notice accompanying a proposed annual budget must also contain whichever of the following statements is applicable in the particular case—
(a) the residents are taken to have consented to the proposed annual budget as the recurrent charges have not been increased since the previous annual budget,
(b) the residents are taken to have consented to the proposed annual budget because the increase in the recurrent charges is in accordance with the formula set out in the village contract,
(c) the residents are taken to have consented to the proposed annual budget because the increase in the recurrent charges is not more than the increase in the Consumer Price Index.
For the purposes of section 115A of the Act, the maximum amount that may be allocated for contingencies in a proposed annual budget is $1.
For the purposes of section 105 (2) (c) of the Act, a notice of variation of recurrent charges given under section 105 of the Act must contain—
(a) the fixed formula set out in the contract and a demonstration, by an application of the formula, of the way in which the new recurrent charges have been calculated, and
(b) the following statement as the first line of the notice—
This is a notice of a variation of recurrent charges in accordance with a fixed formula.
For the purposes of section 105A (4) (c) of the Act, a notice of variation of recurrent charges given under section 105A of the Act must include the following statement as the first line of the notice—
For the purposes of section 106 (2) (e) of the Act, a notice of variation of recurrent charges given under section 106 of the Act must include the following statement as the first line of the notice—
• This is a notice of a variation of recurrent charges (otherwise than in accordance with a fixed formula). The increase in recurrent charges does not take effect until at least 60 days after the date of this notice. The increase in those charges exceeds the increase in the Consumer Price Index ( CPI ) since those charges were last increased and requires the consent of the residents affected by the variation or an order of the Tribunal to take effect. • For more information about your rights and responsibilities under the retirement village laws contact NSW Fair Trading by visiting or calling 13 32 20.
For the purposes of section 107 (6) (a) of the Act, the information that the operator of a retirement village is required to provide under section 107 (4) of the Act must be provided within 7 days after the information was first requested.
For the purposes of section 107 (6) (b) of the Act, the operator of a retirement village is not required to provide the following information under section 107 (4) of the Act—
(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 in the public domain,
(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 of the Commonwealth—information that would result in a breach of the code or those Principles if it were to be provided under that subsection.
For the purposes of section 112 (3) (b) of the Act, the following 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 such costs that may have been included in wages or salaries,
(d) payroll tax, unless—
(i) the wages paid by the operator in respect of operating the retirement village to which the recurrent charges relate (including any wages apportioned to the retirement village by the operator’s head office) are more than the threshold amount within the meaning of Schedule 1 to the Payroll Tax Act 2007, or
(ii) before 1 March 2010, the residents of the retirement village consented to the financing of payroll tax by way of recurrent charges and that consent has not been revoked,
(e) land tax,
(f) gifts or donations,
(g) 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 and are included in the annual budget in accordance with clause 19 (2),
(h) more than 50% of any increase, from the previous year, in the experience premium component of the insurance premium payable by the operator for insurance that the operator is required to obtain and maintain under the Workers Compensation Act 1987,
(i) if the retirement village is subject to a strata scheme—
(i) the carrying out of any works or maintenance that is required to be carried out by the owners corporation under the strata scheme (unless the operator is engaged by the owners corporation to carry out the work), or
(ii) levies and other contributions payable by the operator of the retirement village under the Strata Schemes Management Act 2015 in respect of that strata scheme (other than levies payable in respect of premises occupied by a resident of the retirement village),
(j) if the retirement village is subject to a community land scheme—
(i) the carrying out of any works or maintenance that is required to be carried out by the relevant community association, neighbourhood association or precinct association under the community land scheme (unless the operator is engaged by the association to carry out the work), or
(ii) levies and other contributions payable by the operator of the retirement village under the Community Land Management Act 2021 in respect of that community scheme (other than levies payable in respect of premises occupied by a resident of the retirement village).
For the purposes of section 152(3) of the Act, an operator of a retirement village may increase the recurrent charges payable by residents of the retirement village as a result of the liability incurred by the operator once a former occupant’s liability to pay the charges ceases under section 152(2) of the Act only if—
(a) the increase occurs as part of the approved annual budget for the financial year immediately following the financial year in which the former occupant’s liability ceased, and
(a1) the former occupant’s liability ceased after 1 January 2021, and
(b) the approved annual budget, including the proposed annual budget, for the financial year specifies—
(i) the manner in which the increase was calculated, including the total number of former occupants whose liability was ceased in the financial year, and
(ii) that the increase occurred for the purposes of this clause.
To avoid doubt, Part 7, Division 4 of the Act continues to apply to an increase in the recurrent charges payable by residents of a retirement village under this clause.
In this Division—
For the purposes of section 101A of the Act, an operator of a retirement village must prepare an asset management plan every 10 years in relation to each retirement village that the operator manages or controls.
An asset management plan expires on the date that is 10 years after the date on which the plan commenced.
The operator is to ensure that the first asset management plan prepared commences on the commencement of the next financial year of the retirement village after 1 July 2021.
In the course of preparing an asset management plan, an operator of a retirement village must—
(a) obtain the written opinion of the auditor or an independent qualified quantity surveyor as to whether the plan contains the matters specified in clauses 26D and 26F (an
independent assessment ), and(b) attach the independent assessment to the proposed plan, and
(c) notify each resident of the retirement village that a copy of the proposed plan, including the attached independent assessment, can be inspected at all reasonable times at the village or at a place of business in New South Wales nominated by the operator in the notice, and
(d) have a copy of the proposed plan, including the attached independent assessment, available at the village or at a place of business in New South Wales for inspection at all reasonable times by a resident or prospective resident or a person acting on behalf of a resident or prospective resident.
The requirements in subclause (1) must be complied with at least 60 days before the day on which the asset management plan is to commence.
A resident is entitled to give to the operator the resident’s comments on the asset management plan.
The operator must prepare a report of all comments received.
The operator must state in the report, for each comment received—
(a) whether the operator revised the draft asset management plan in response to the comment and, if so, in what respect, or
(b) the reason why the operator did not revise the draft asset management plan in response to the comment.
An operator who started to prepare an asset management plan that is to commence on or before 29 August 2021 is not required to obtain and attach to the proposed plan an independent assessment.
However, an operator who is not required to attach an independent assessment to a proposed plan must, on or before the commencement of the next financial year of the retirement village, obtain and attach an independent assessment to the plan that is current at that time.
In this clause—
(a) is a member of the Australian Institute of Quantity Surveyors or the Royal Institution of Chartered Surveyors, and
(b) does not have a pecuniary or other interest that could be reasonably regarded as capable of affecting the person’s ability to assess the asset management plan of a retirement village in good faith.
An asset management plan is to include—
(a) the information specified in this clause relating to capital maintenance and capital replacement of each major item of capital, including each shared major item of capital (a
maintenance schedule ), during the 10-year period to which the plan relates, and(b) an asset register, and
(c) any other information required to be included by guidelines issued by the Secretary under section 189B of the Act.
Clause 26F sets out the information that must be contained in an asset register, being a list of major items of capital as at the commencement of an asset management plan. The maintenance schedule is prepared from the asset register.
The maintenance schedule must contain the following information relating to capital maintenance that is financed, or proposed to be financed, by way of recurrent charges or from the capital works fund—
(a) for works proposed to be carried out for the purpose of maintaining the item—
(i) an estimate of the costs of maintenance, and
(ii) the proposed frequency of maintenance or dates on which maintenance is proposed to be carried out, and
(iii) the type of maintenance,
(b) for works proposed to be carried out, or that can be foreseen will be needed, for the purpose of repairing the item—
(i) an estimate of the costs of the repairs, and
(ii) the dates on which the repairs are proposed to be carried out, and
(iii) a description of the repairs,
(c) for a shared major item of capital—an estimate of the proportion of the accumulated capital maintenance costs that can be attributed to the use of the item by the village.
The maintenance schedule must contain, as applicable, the proposed dates of capital replacement.
An operator of a retirement village must ensure that the asset management plan is kept up to date by revising the plan from time to time in accordance with this clause.
A major item of capital that is purchased after the plan commences must be included in the asset register within 7 days of the purchase of the item.
If the content of a 3-year report included in an annual budget approved during the currency of the asset management plan differs from the information that was included in the plan at the time the plan commenced, the operator must, within 28 days of the annual budget being approved, revise the plan to ensure it remains consistent with the 3-year report.
The plan must be revised to include the following information relating to capital maintenance and capital replacement of each major item of capital, including each shared major item of capital, as soon as reasonably practicable after each occasion that capital maintenance or capital replacement of the item has been carried out—
(a) in respect of maintenance—
(i) the actual costs of maintenance, and
(ii) the dates on which maintenance was carried out, and
(iii) the type of maintenance,
(b) the accumulated costs of all maintenance expressed—
(i) in dollar amounts, rounded up or down to the nearest dollar, and
(ii) as a percentage of the original purchase price of the item,
(c) in respect of repairs—
(i) the actual costs of the repairs, and
(ii) the dates on which the repairs were carried out, and
(iii) a description of the repairs,
(d) the accumulated costs of all repairs expressed—
(i) in dollar amounts, rounded up or down to the nearest dollar, and
(ii) as a percentage of the original purchase price of the item,
(e) for a shared major item of capital—the proportion of the accumulated capital maintenance costs that can be attributed to the use of the item by the village,
(f) the actual date on which capital replacement was carried out,
(g) the actual costs of capital replacement.
To express the accumulated costs of maintenance or accumulated costs of repairs as a percentage of the purchase price, the total costs of all maintenance or repairs should be divided by the purchase price and multiplied by 100.
The operator of a retirement village must include in the asset management plan an
(a) a list of the major items of capital, including shared major items of capital, as at the commencement of the plan, and
(b) the information specified in subclause (2) for each item.
The asset register is to contain the following information for each major item of capital and shared major item of capital listed—
(a) a brief description of the item,
(b) the effective life of the item,
(c) the asset ID number,
(d) the brand model number, if available and applicable,
(e) the serial number, if available and applicable,
(f) for an item that is not a building, structure or part of the infrastructure of the residential village—
(i) the date of purchase, and
(ii) the purchase price,
(g) if the item is a building, structure or part of the infrastructure of the residential village—
(i) the date on which construction of the building, structure or part of the infrastructure was completed, and
(ii) the costs of construction,
(h) for a shared major item of capital—the name of the retirement village or residential aged care facility also using that item.
If the item was purchased or constructed before 1 February 2021, the information is to be recorded for each item to the extent that the information is available.
The funding of capital maintenance of a major item of capital from the capital works fund or recurrent charges for the retirement village is not authorised if the item is not included in the asset register.
The
(a) for an item of capital for which there is a description in Table A or Table B of the Schedule to the Commonwealth Taxation Ruling that corresponds to that item, other than a motor vehicle or trailer—the number of years specified in column 2 of Table A or Table B opposite the description that corresponds to the item, or
(b) for an item of capital that is a motor vehicle or trailer for which there is a description in Table B that corresponds to that item and a hash (#) symbol in the third column opposite that item—the shorter period of—
(i) the number of years specified in column 2 opposite that item, or
(ii) the number of years specified in column 3 of the table to section 40–102(4) of the Income Tax Assessment Act 1997 of the Commonwealth, or
Note— A hash (#) symbol in the third column of Table A or Table B indicates a capped life is available for the depreciating assets under section 40-102 of the Income Tax Assessment Act 1997 of the Commonwealth.
(c) if there is no description in Table A or Table B that reasonably corresponds to the item of capital for which the effective life is to be estimated—the number of years estimated by the operator of a retirement village—
(i) having regard to the reasonable wear and tear expected to result from the circumstances of the use of the item of capital, and
(ii) assuming that it will be maintained in reasonably good order and condition, and
(iii) having regard to the period within which it is likely to be scrapped, sold for no more than scrap value or abandoned.
In identifying a description in Table A or Table B that corresponds to an item of capital, an operator of a retirement village is to follow the methodology of using the tables set out under the heading “How to use Tables A and B” in the Commonwealth Taxation Ruling.
In this clause—
This clause applies if, at any time during the currency of an asset management plan, it becomes apparent to the operator of a retirement village that the total cost of capital maintenance for all major items of capital, including shared major items of capital, estimated at the commencement of the plan is likely to increase by 25% or more before the end of the 10-year period of the plan.
For the purposes of subsection (1), an increase in the cost of capital maintenance is to be calculated net of increases in the Consumer Price Index published in each relevant year of the asset management plan.
For example, if the Consumer Price Index has risen by 2.5% each year of the first 5 years of the asset management plan, the cost of maintenance could rise by 36% (24% + 12.5%) before the plan would need to be revised under this clause.
The operator of the retirement village must, as soon as reasonably practicable after becoming aware of the likely increase in capital maintenance costs—
(a) revise the estimates of the capital maintenance costs in the asset management plan, and
(b) notify each resident of the retirement village that a copy of the revised asset management plan can be inspected at all reasonable times at the village or at a place of business in New South Wales nominated by the operator in the notice, and
(c) annex to the revised plan a notice in accordance with subclause (4).
The notice to be annexed to a copy of the revised asset management plan is to contain the following information—
(a) a list of the major items of capital and shared major items of capital in respect of which the estimate of capital maintenance costs has increased,
(b) the original and revised estimates of capital maintenance costs for each item,
(c) the reason for the change in the estimates.
For the purposes of section 20(1)(k) of the Act, a revised asset management plan is prescribed.
Clause 26C(3)–(5) applies to the revised asset management plan in the same way as it applies to the asset management plan as originally prepared.
Subclause (1) applies to the revised asset management plan in the same way as it applies to the asset management plan as originally prepared except that the total cost of capital maintenance for all major items of capital is taken to be estimated as at the date on which the plan was revised.
For the purposes of sections 24 (4) (b), 43 (8) (b), 155 (3), 180 (4) (b) and (5) (b), 181(7)(b) and 182AK(3)(b) of the Act, the prescribed rate of interest is the rate prescribed under section 101 of the Civil Procedure Act 2005 with respect to the payment of interest on a judgment debt.
For the purposes of section 99 (3) of the Act, 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 any fund administered by the property trust or corporation concerned.
For the purposes of section 99 (5) (c) of the Act, the operator of a retirement village may use money from the capital works fund for any purpose (other than a purpose set out in section 99 (5) (a) or (b) of the Act) but only if—
(a) the residents of the village have, by special resolution, consented to the money being used for that purpose, and
(b) the use of the money for that purpose does not involve the funding of any matter specified in section 97 (3) of the Act.
For the purposes of section 119 (7) (a) of the Act, if there is no Residents Committee established in a retirement village a copy of the audited accounts for the village must be displayed on a notice board in a common area of the village for a period of at least 1 calendar month commencing no later than 4 calendar months after the end of the financial year to which the accounts relate.
For the purposes of section 120C (3) (c) of the Act, the operator of a retirement village may carry forward a deficit to a subsequent financial year to the extent that the deficit is caused by—
(a) maintenance (but not replacement) of an item of capital in circumstances where the maintenance was for the purposes of rectifying any of the matters set out in section 92 (2) (a)–(k) of the Act, or
(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 an industrial agreement,
(iv) workers compensation premium (other than any increase in the experience premium component of the insurance premium above 50% that is payable by the operator for insurance that the operator is required to obtain and maintain under the Workers Compensation Act 1987),
(v) public liability insurance.
For the purposes of section 72A (6) of the Act, the agenda for an annual management meeting must include the following—
(a) a report on any expenditure in the previous financial year that was a variation between items in the approved annual budget (other than a minor variation),
(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) the asset management plan,
(e1) a report of the operator of the retirement village prepared under clause 26C(4),
(f) any changes to the proposed annual budget that do not require 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 raised from the floor.
For the purposes of section 72B (3) (b) of the Act, the operator of a retirement village or a representative of the operator is not required to answer a question about the following—
(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 in the public domain.
Subclause (1) (a) does not apply so as to prevent an operator or a representative of the operator from answering a question as to the operator’s solvency or financial viability.
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 of the Commonwealth, 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 those Principles.
For the purposes of section 77 (2) of the Act, the appointment of a person as the proxy of a resident of a retirement village is to be made in the form set out in Part 4 of Schedule 1.
The appointment is effective in relation to a meeting of the residents of the village only if the duly completed form is given to the chairperson of the meeting before any vote is taken at the meeting.
Words and expressions used in this Part have the same meanings as in Part 10AA of the Act.
For the purposes of the definition of
(a) the former occupant’s share of capital gain under the village contract,
(b) the former occupant’s share of capital loss under the village contract.
For the purposes of paragraph (a) of the definition of
(a) for a retirement village located in a local government area specified in Schedule 5A—6 months,
(b) for a retirement village located in another local government area—12 months.
For the purposes of section 182AC(3) of the Act, the Secretary must consider the following matters when determining whether or not an operator of a retirement village has unreasonably delayed the sale of a former occupant’s residential premises—
(a) whether the operator has taken reasonable steps to facilitate the sale of the premises and the time in which the steps were taken, including in relation to—
(i) the carrying out of an inspection of the premises, whether by the operator or on the operator’s behalf, and
(ii) refurbishment of the premises,
(b) if the operator is appointed by the former occupant as a selling agent of the premises under section 168 of the Act—
(i) whether the operator complied with the operator’s requirements under that section within a reasonable time, and
(ii) whether the operator arranged for an inspection of the premises for the purposes of the sale of the premises within a reasonable time,
(c) whether the actions of the operator delayed the provision or use of services of an Australian legal practitioner, licensed conveyancer or selling agent, as applicable, in relation to the sale of the premises,
(d) whether the operator complied with other requirements imposed by or under the Act or this Regulation in relation to the sale of the premises within a reasonable time.
In this clause—
For the purposes of section 182AD(1)(f) of the Act, an exit entitlement order must contain the following information—
(a) the period of time for which the former occupant has occupied the former occupant’s residential premises,
(b) the ingoing contribution paid by the former occupant to the operator of the retirement village under the village contract of the former occupant,
(c) the departure fee payable by the former occupant to the operator under the village contract,
(d) the amount of capital gain the former occupant and the operator will each receive in relation to the premises, if any, calculated on the basis of the agreed valuation of the former occupant’s exit entitlement,
(e) if the former occupant is required to pay a share of capital loss in relation to the premises—the amount of capital loss calculated on the basis of the agreed valuation of the former occupant’s exit entitlement.
For the purposes of section 182AG(5)(a), an operator of a retirement village who makes an accommodation payment to an approved provider of an aged care facility in which a former occupant resides or proposes to reside under section 182AG of the Act must keep a record of the following—
(a) the amount of each accommodation payment made by the operator on behalf of the former occupant,
(b) the date on which each accommodation payment was made,
(c) details of the approved provider of the aged facility to whom the operator has made an accommodation payment,
(d) if the operator is no longer required to make an accommodation payment on behalf of the former occupant—
(i) the date on which the final accommodation payment is made, and
(ii) details about the written notice given to the former occupant or the approved provider of the aged facility under section 182AG(4)(a) of the Act, including the date on which the notice was given.
For the purposes of section 182AG(5)(b) of the Act, an operator of a retirement village who makes 1 or more accommodation payments to an approved provider of an aged care facility on behalf of a former occupant must provide the former occupant with a document summarising the payments made to the approved provider (the
The operator must provide the summary document to the former occupant—
(a) for the first summary document—within 6 months after the first accommodation payment is made, and
(b) for subsequent summary documents—every 6 months.
An application to the Tribunal under a section of the Act specified in Column 1 of Schedule 4 may be made only within the time specified in Column 2 of that Schedule in relation to the section.
The Tribunal may, of its own motion or on application by any person, extend the period of time for making such an application, even though the relevant period has expired. See section 41 of the Civil and Administrative Tribunal Act 2013.
An application to the Tribunal under any other section of the Act may be made at any time.
The Residents Committee of a retirement village may, at the request of one or more residents of the village, apply to the Tribunal on behalf of the resident or residents concerned for any order for which a resident may apply.
The Residents Committee may apply to the Tribunal on behalf of all residents for an order for which a resident may apply if the residents consent to the application.
The consent of the residents under subclause (2) is to be obtained by the proposal being put to a meeting of the residents and the vote for the proposal being determined by a show of hands.
Any resident who does not wish to be a party to the proceedings may notify the Residents Committee in writing of that fact before the application to the Tribunal is made, and the Residents Committee must exclude that resident from the application.
The Tribunal may, if it considers it appropriate to do so, order that—
(a) one or more specified residents of a retirement village, or
(b) all the residents of the retirement village,
is the other party, or are the other parties, to an application made to the Tribunal by the operator of the village concerned.
For the purposes of section 128 (1) (l) of the Act, the Tribunal may make an order that varies, sets aside or stays a previous order of the Tribunal that is in force under this Act.
The Tribunal may make different orders in relation to different residents (or groups of residents) of a retirement village in determining—
(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, being an application to which 2 or more residents are the other parties.
For the purposes of section 122 (2) of the Act, a resident of a retirement village is nominated as the representative of 2 or more residents in the village who claim that a dispute has arisen between those residents and the operator of the village (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 consents in writing to the nomination.
(Repealed)
For the purposes of section 41A (7) (b) of the Act, the consent of the operator of a retirement village is not required in order for a resident to make renovations to, or to add, remove or alter any fixtures or fittings in, residential premises that are owned by the resident under a community land scheme, company title scheme or strata scheme.
This clause applies to a former occupant of residential premises in a retirement village in relation to whom an exit entitlement order has been made by the Secretary under section 182AC of the Act.
For the purposes of section 67(2)(g) of the Act, an operator of a retirement village or other person authorised by the operator may enter residential premises of a former occupant in the retirement village for the purposes of facilitating the sale of the premises.
However, the operator or other person may enter the premises of a prescribed former occupant only if the operator or other person and the prescribed former occupant agree in writing.
In this clause—
(a) does not intend to move out of the former occupant’s residential premises while the premises are for sale, and
(b) has given written notice to the operator of that fact under section 182AB(4)(c) of the Act, and
(c) continues to occupy the premises on the date on which the operator proposes to enter the premises.
For the purposes of section 44B (1) (d) of the Act, if a village contract is terminated in accordance with Division 2 of Part 5 of the Act, the former occupant is liable to pay the reasonable costs incurred in adding, removing or altering any fixtures or fittings, or making any renovations, to the unit at the resident’s specific request.
For the purposes of section 44B (4) of the Act, $200 is the maximum administration fee that may be charged under section 44B (1) (c) of the Act.
For the purposes of section 70A (1) of the Act, a person may hold the same office on the Residents Committee of a retirement village for more than 3 consecutive years if—
(a) the person is the only person standing for election to the office, or
(b) the residents of the retirement village, by special resolution, consent to the person standing for election to the office.
In this clause—
For the purposes of section 131 (2) of the Act, a termination notice is to be in the form set out in Part 5 of Schedule 1.
A termination notice does not have to be given if the application to terminate a residence contract is made on the grounds of the resident’s causing serious damage to the village or serious injury to the operator, an employee of the operator or another resident. See section 135 of the Act.
Except in the case of an application referred to in section 136 of the Act, the notice is to be given no later than at the time at which the applicant makes the application to the Tribunal, but no earlier than 28 days before that time.
If the person who gave the notice does not apply to the Tribunal for the relevant order within 28 days after giving the notice, a fresh termination notice must be given (in accordance with subclause (2)) before the application may be made.
For the purposes of section 182A (1) (b) of the Act, the amount of $10,000 is prescribed.
For the Act, section 197B(1)(a), the operator of a retirement village must provide the relevant village information to the Secretary in an approved form—
(a) for a retirement village in operation on the commencement of this clause—before 30 September 2022, or
(b) otherwise—at the point of registration of the retirement village.
If the relevant village information specified in Schedule 7 and provided under subclause (1) changes, the operator must provide the Secretary with the updated relevant village information within 21 days of the operator becoming aware of the change.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—50 penalty units.
For the Act, section 197B(1)(a), the operator of a retirement village must provide the Secretary with the relevant village information as at the end of the previous financial year of the retirement village.
The operator must provide the information to the Secretary—
(a) within 1 month of the end of each financial year, and
(b) in an approved form.
If relevant village information specified in Schedule 7 changes after the information is provided, the operator must provide the Secretary with the updated relevant village information within 21 days of becoming aware of the change.
Maximum penalty—
(a) for a body corporate—100 penalty units, or
(b) otherwise—50 penalty units.
For the Act, section 197B(1)(b), the Secretary may publish relevant village information on a website of the Department.
(Repealed)
For the purposes of section 201 (1) (c) and (2) (c) of the Act, a notice (other than a termination notice) or other document may be given to the operator or a resident of a retirement village by any of the following methods—
(a) left in a mailbox at the last known address of the person, or,
(b) if the person has agreed to notices or documents being given by email—to an email address provided by the person, or
(c) if the person is a resident—given by delivering it to the residential premises occupied by the person and leaving it there with a person apparently of or above the age of 16 years, or
(d) if the person is an operator—given personally to an employee of the person.
However, a notice (including a termination notice) or other document required to be given under the Act or this Regulation—
(a) to a resident of a retirement village who is a protected person (within the meaning of the NSW Trustee and Guardian Act 2009) or who has a guardian—is to be given to the NSW Trustee and Guardian or the guardian as appropriate (and, if the resident is both a protected person and a person who has a guardian, is to be given to both the NSW Trustee and Guardian and the guardian), or
(b) to an operator of a retirement village in respect of whom a receiver, or a receiver and manager, or an administrator, has been appointed—is to be given to the receiver, receiver and manager or administrator concerned.
Subclause (1) extends to apply (with the necessary modifications) to a notice or other document that is required to be given to the NSW Trustee and Guardian, a guardian, a receiver, a receiver and manager or an administrator under subclause (2).
For the purposes of section 203(4) of the Act, a village contract is exempt from Part 10AA and section 152(2)(e) of the Act if—
(a) the retirement village to which the contract applies is held in trust by a trustee, and
(b) the trustee also holds each unit in the retirement village in trust for the benefit of a resident in the retirement village.
For the purposes of clauses 3 (1) (b) and 5 of Schedule 1 to the Act, a ballot is to be conducted in accordance with Schedule 6.
The Rules of Conduct for Operators of Retirement Villages set out in Schedule 3A are prescribed as the rules of conduct for operators for the purposes of section 83B of the Act.
The prescribed period referred to in the Act, section 204(7) ends at the beginning of 31 March 2022.
Any act, matter or thing that, immediately before the repeal of the Retirement Villages Regulation 2009, had effect under that Regulation, continues to have effect under this Regulation.
An operator of a retirement village does not commit an offence under clause 19A for failing to comply with the requirements of that clause during the transition period.
An operator of a retirement village does not commit an offence under section 101A of the Act for failing to comply with the requirements of that section during the transition period.
Nothing in this clause affects the operation of clause 53(2) before its amendment by the amending regulation.
In this clause—
(Clause 3 (1))
(Clause 11 (1))
This general inquiry document is required to be given to you as a prospective resident or as a person acting on behalf of a prospective resident.
Name of retirement village
Street address
Website
Residency in this village is available under [
□ strata title
□ leasehold
□ non-registered lease/licence
□ community title
□ rental only
□ company title
□ other [
specify ]
Name of operator
How many retirement villages do we operate in NSW?
We have operated retirement villages in NSW since [
Are we a member of any industry association? Yes/No
If yes, name of association—
Contact person for further information about the village—
Name—
Position—
Phone—
Email—
Has construction/development of the village been completed? Yes/No
There are currently/planned to be [
• × bedsitters
• × 1br premises
• × 2br premises
• × 3br premises
• × other [
specify ]—
The residential premises in the village are: [
□ Self-care premises/Independent Living Units
□ Serviced apartments/Assisted Care Units
□ Single storey and/or □ Multi-storey
Is there a residential aged care facility onsite or attached? Yes/No
Aged care facilities are not covered by the Retirement Villages Act 1999 (NSW). Entry is not guaranteed and will be subject to availability and meeting the eligibility requirements set by Commonwealth government laws.
The asking price to enter the village is currently—
$ or ranges from $ to $
The amount of recurrent charges payable to live in the village is currently—
$ per or ranges from $ per to $ per
Do residents pay a departure fee when they leave? Yes/No
Do residents share in any capital gains? Yes/No
(Other fees and charges may apply.)
Facilities and services available at the village include: [
|
|
Are pets allowed in the village? Yes*/No
Can residents do their own gardening? Yes*/No
Are there organised social activities in the village? Yes/No
Are there any village rules in force in the village? Yes/No
Does the village have a residents committee? Yes/No
If yes, name of secretary or chairperson—
Phone No/email—
* Conditions and restrictions may apply
This document gives a basic explanation about the village. It contains general information only and may be subject to change.
You can use the calculator for retirement villages published by NSW Fair Trading to calculate certain costs relating to moving into a retirement village by visiting should also read the NSW Fair Trading publication Moving into a retirement village? which gives an overview of the retirement village industry and contains a useful checklist for prospective residents. For more information on your rights and responsibilities, contact Fair Trading by visiting or calling 13 32 20. A disclosure statement and village contract will provide you with more information should you decide to become a resident.
(Clause 11 (2))
This disclosure statement is required to be given to you at least 14 days before you enter into a village contract. It contains important information about this village.
You should read this disclosure statement carefully. It is important that you understand this information and what it means for you. You should seek independent legal or financial advice if you are unsure about any details. Your village contract will contain more detail about some of the matters covered in this disclosure statement.
If you enter into a village contract, a 7 business day cooling-off period will generally apply, if you change your mind. The law also provides a 90-day settling-in period during which you may terminate the contract. Despite these protections, you should think carefully if living in a retirement village is right for you, and if so whether you have found the right premises, before you sign a contract.
For information on your rights and responsibilities under the retirement village laws, contact NSW Fair Trading by visiting or calling 13 32 20.
Name of village—
Premises in which you have expressed an interest No—
Amount of ingoing contribution/purchase price for the premises $
Current rate of recurrent charges for the premises $ per
Share of any capital gains payable to you on termination %
Formula for departure fee payable by you on termination—
* Other fees and charges may apply. For further details ask the operator or refer to the draft village contract.
If for any of the above the answer is not applicable, write NA in the space provided.
Average resident comparison figure—
The average resident comparison figure is indicative only and is based on assumptions that may differ from your individual circumstances. You can use this figure to more easily compare the costs of different village contracts, but it should not be relied on in place of the terms of your contract. This figure may not reflect the actual costs payable by the resident. For further information contact NSW Fair Trading by visiting or calling 13 32 20.
To become a resident you will need to enter into: [
□ a village contract
□ a contract for sale of the premises
□ other: [
specify, including the name of the contract and its purpose ]
An operator cannot by law enter into a village contract with you earlier than 14 days after you or your representative have been given a copy of the contract. You should use this time to read the contract carefully and seek independent advice, if needed.
Will you have to provide any documents or reports before or at the time of signing a village contract? Yes/No
If yes, give details of what documents are required and who will have access to them—
Is the village fully or partially completed, or still to be built?
If the village is only partially completed or still to be built give particulars of all proposed stages, including the estimated date of completion, the number of premises and whether development consent has been obtained—
Name of operator—
Does the entity who manages the village also own the land? Yes/No
If no, give details of who owns the land—
Is any operator currently subject to any form of insolvency administration, such as receivership or being operated by a court appointed administrator? Yes/No
If yes, give details—
The law requires operators to hold annual management meetings with residents. In what month are these meetings usually held at this village?
Are there any plans to introduce a new service or facility in the village? Yes/No
If yes, specify the service or facility concerned and the date by which it is to be provided or made available—
Does the development consent require that a particular service or facility be provided for the life of the village? Yes/No
If yes, specify—
Are there any current proposals to reduce or withdraw a service or facility in the village? Yes/No
If yes, give details of the proposal—
Are there any services or facilities currently available in the village payable on a user pays basis and not covered by my recurrent charges? Yes/No
If yes, list the services or facilities and their current cost—
Are any facilities in the village available or proposed to be made available for use by non-residents? Yes/No
If yes, specify—
The financial year of the village is from [
Have residents of the village consented to any of the following?: [
□ not receiving a proposed budget each year
□ not receiving quarterly accounts of income and expenditure
□ not having the annual accounts of the village audited
These consents can only be given if the total recurrent charges for the village for the year are less than $50,000.
Details of the surplus/deficit in the annual accounts for the last three financial years—
$ (surplus/deficit) | |
$ (surplus/deficit) | |
$ (surplus/deficit) |
Under the retirement village laws any deficit must generally be made good by the operator.
Does the village have a capital works fund for capital maintenance? Yes/No
If yes, the balance in the fund at the end of the last financial year was: $
In which month/s are recurrent charges usually varied?
Are variations in recurrent charges linked to a fixed formula? Yes/No
If yes, give details of the formula—
If no, the recurrent charges for the premises you are interested in over the last 3 financial years have been as follows—
Previous increases are not necessarily an indication of future increases.
The retirement village is insured as follows—
Public liability | |||
Building (including reinstatement) | |||
Other—specify type |
Were all payments due to outgoing or former residents in the last financial year made in full and on time? Yes/No
If no, give reasons—
Will there be any mortgage, lien or other charge on or over the land that will apply when you first have a right to occupy your premises (excluding the statutory charge under the retirement village laws)? Yes/No
If yes, give details—
In strata and community title villages ‘land’ refers to the unit or lot. For non-strata villages, ‘land’ means the village land.
How many premises were vacant as at the end of the last financial year?
Comment—
How many premises were reoccupied during the last financial year?
Comment—
Does the premises you are interested in have a security screen door? Yes/No
Are all the windows of the premises fitted with key operated locks? Yes/No
Does the premises have smoke alarm/s as required by law? Yes/No
Has the operator been notified of any residential premises in the village having been broken into over the last two years? Yes/No
Are the premises and common areas in the village accessible to persons with impaired mobility, including those in wheelchairs? Yes/No/Partially
Does the village have a village emergency system that enables residents to summon assistance in an emergency? Yes/No
If yes, provide details—
Does the operator have a master key or copies of keys to all residential premises for use in an emergency? Yes/No
Has the operator been convicted of an offence under the retirement village laws? Yes/No
If yes, give details of the offence and amount of penalty—
Has the operator complied with all requirements of any development consent relating to the village? Yes/No
If no, give details—
Has the village been registered as required by the retirement village laws? Yes/No
If no, give details of the delay—
Does the village have an internal system for resolving disputes? Yes/No
If yes, specify—
Are there any outstanding orders of the NSW Civil and Administrative Tribunal or a court involving the village which the operator has not complied with? Yes/No
If yes, specify—
You have the right to ask for a copy of, or to inspect, any or all of the following documents free of charge—
• a site plan for the village
• plans showing the location, floor plan and significant dimensions of residential premises available in the village
• examples of all contracts that you may be required to enter into
• the budgets for the last 3 financial years of the village, the current financial year, and the next financial year (if available)
• the annual accounts for the village for the last 3 financial years
• the most recent quarterly accounts of the income and expenditure of the village (unless the residents have consented to not receiving these)
• the trust deed for any trust fund into which money paid by residents is deposited
• the terms of any development consent, if the village is not complete or if the development consent requires a particular service or facility to be provided for the life of the village
• if the village has a capital works fund, statements showing the balance as at the end of each of the last 3 financial years of the village, and the most recent quarter
• the village’s waiting list policy, if relevant
• court or Tribunal decisions from the last 5 years in which the operator and the Residents Committee were a party
• copies of certificates of currency of insurance and related policy documents
• the last annual safety inspection report for the village
• the company’s constitution and replaceable rules (
company title villages only )• the management statement, management agreement and minutes of the most recent annual general meeting (
community land scheme villages only )• the by-laws, management agreement and minutes of the most recent annual general meeting (
strata scheme villages only )• a detailed list of all currently available/vacant premises in the village
• the most recent asset management plan
• the most recent 3-year report relating to capital maintenance extracted from the most recent asset management plan and included in the most recent annual budget
• other [
specify ]
□ given personally
An operator must provide a resident or prospective resident of the retirement village with access to the records required to be kept under rule 22 within 5 business days of a request for access being received by the operator.
An operator must ensure that the retirement village promotes a culture that values and encourages residents to raise concerns and supports the effective resolution of any complaints.
An operator must not discourage a resident or a person acting on behalf of a resident (including members of the Residents Committee of the retirement village) from making a complaint or pursuing an internal dispute.
Examples of discouragement, include—
(a) imposing any fee or charge for making a complaint or pursuing an internal dispute,
(b) providing a reward, rebate, incentive or other benefit if the resident does not make a complaint or pursue an internal dispute,
(c) not accepting a complaint or internal dispute from a person acting on behalf of a resident,
(d) employing high pressure tactics, harassing the resident or undertaking any other form of harsh or unconscionable conduct,
(e) engaging in conduct that prejudices, harasses or intimidates the resident or exercising retribution against the resident as a result of the complaint being made or the internal dispute being pursued.
An operator must not prevent a resident from seeking assistance, support or representation from the Residents Committee of the retirement village to make a complaint or pursue an internal dispute, or resolve a complaint or internal dispute.
Nothing in this rule requires a resident to involve the Residents Committee or any other resident in the resolution of a complaint or an internal dispute.
An operator must ensure that each of the following is prepared and maintained for the retirement village in accordance with this Part—
(a) a process for the resolution of complaints made by residents, including complaints made by persons acting on behalf of residents,
(b) a process for the resolution of internal disputes between a resident and the operator, or between 2 or more residents.
Both processes must be—
(a) written in plain English, taking into consideration the age-specific needs of current and prospective residents of the retirement village, and
(b) made publicly available on the operator’s website and posted on the notice board of the retirement village, and
(c) provided to all residents for free either in hard copy form or electronically, but only if the resident agrees to receiving an electronic version.
Both processes must also set out the following maximum time-frames—
(a) no longer than 5 business days for the acknowledgement of complaints or internal disputes,
(b) no longer than 60 days for the management of the complaint or internal dispute (and setting out an expected resolution date, where possible).
This rule is an offence provision.
The complaint and internal dispute resolution processes must outline the following matters—
(a) the types of complaints and internal disputes that are covered and not covered by each of the processes,
(b) the resolution options available for each type of complaint and internal dispute.
Both processes must also—
(a) clearly explain the process, including the roles and contact details of relevant staff, and
(b) include a clear and understandable visual representation of the process, and
(c) outline the roles and responsibilities of relevant staff in receiving, reviewing, responding to, and resolving complaints or internal disputes, and
(d) outline the steps involved in each stage of the complaint or internal dispute resolution process and the expected actions that are generally involved at each stage of the process, and
(e) include information on the management and escalation of complaints, internal disputes, and the types of complaints and internal disputes that are not covered by either of the processes under subrule (1) (a), in the retirement village (through levels of village management) and to external organisations or authorities (for example, for a third party investigation, NSW Fair Trading or the Tribunal), and
(f) include measures to ensure the privacy of residents is maintained, and
(g) include measures for the review of organisational processes arising from the analysis of data about complaints and internal disputes and the continual monitoring of the process.
An operator must review each of the processes every 2 years.
An operator must keep a record of the following information about complaints and internal disputes that have been raised in the retirement village—
(a) details of each complaint or internal dispute, including the name and contact details of each resident concerned, and the date the complaint or dispute was raised,
(b) details of actions taken in response to each complaint or internal dispute, including the names and contact details of any staff involved in the handling of the complaint or internal dispute, and the date the action was taken,
(c) whether the complaint or internal dispute was resolved, withdrawn, referred or escalated or another outcome was achieved,
(d) the number of complaints or internal disputes handled each calendar year.
The records must be kept for at least 5 years.
This rule is an offence provision.
An operator must prepare and implement written policies and procedures for the selection, training and ongoing supervision of the operator’s staff, in accordance with this rule.
This rule is an offence provision.
The policies and procedures must include the following information in relation to each role in which staff is employed or otherwise engaged—
(a) the key responsibilities of the role,
(b) the qualifications or experience required, if any,
(c) the performance standards for the role,
(d) details of how performance will be assessed and managed, and how any instances of under-performance will be handled,
(e) guidance and information on any relevant matter that is reasonably required to allow a person to carry out the functions of the person’s role effectively, professionally and in the best interests of residents and prospective residents.
When determining the guidance to be provided under subrule (1) (e), an operator must have regard to the following matters (and any other matter the operator considers to be relevant)—
(a) the amount of time the role will require engaging with residents, including the frequency and purpose of the engagement,
(b) whether the role will involve the handling of disputes,
(c) any responsibilities assigned to the role for the purposes of responding to emergencies or the carrying out of evacuations,
(d) whether the role will be responsible for meeting with residents or prospective residents on behalf of the operator to explain a resident’s current village contract information as provided by section 69A of the Act,
(e) whether knowledge of first aid is required to carry out the role,
(f) whether the role will have any involvement in, or the control or responsibility over, the finances of the retirement village,
(g) the expectations of residents or prospective residents around standards of behaviour, service and conduct,
(h) the type of recruitment, assessment and hiring method for the role,
(i) whether any third-party checks or verifications are required (for example, criminal record checks).
An operator must ensure that all relevant staff—
(a) are aware of policies and procedures about the handling of complaints and resolving internal disputes, and
(b) are aware of their responsibilities for managing complaints or resolving internal disputes under the policies and procedures, and
(c) know how to deal with unreasonable conduct by people making complaints or raising internal disputes, and
(d) receive ongoing training in the effective handling of complaints or disputes under the policies and procedures, and
(e) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing complaints or resolving internal disputes, and
(f) are alert to identifying complaints or internal disputes and are aware of where or to whom they can refer a complaint that they are aware of, or an internal dispute that they have been given notice of, if unable to directly respond themselves.
An operator must ensure that the operator’s staff who have responsibilities under the internal dispute resolution process—
(a) are aware of their responsibilities for resolving disputes under the internal dispute resolution process, and
(b) receive ongoing training in the handling of disputes, and
(c) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing an internal dispute, and
(d) know how to deal with unreasonable conduct by people raising internal disputes.
An operator must keep a written record of the training and professional development provided to the operator’s staff to ensure that they are familiar with, and able to comply with, the following—
(a) all of their functions as a staff member,
(b) all of the policies, procedures and processes required by these rules of conduct.
The records must be kept for at least 5 years.
This rule is an offence provision.
An operator must oversee and manage the operator’s staff, or have a structure in place to ensure the oversight and management of the operator’s staff, to ensure compliance with all relevant policies, procedures or processes required by these rules of conduct.
An operator must monitor staff compliance, or review any structure in place for the monitoring of staff compliance, every 2 years.
(Clause 34 (1))
Column 1 | Column 2 |
Section | Time during which application may be made |
18 (6) | no earlier than 14 days after date of request for disclosure statement |
36 (3) | no earlier than 1 month after service of rescission notice |
36 (8) (a) | up to 3 months after date of rescission |
36 (8) (b) | up to 3 months after date of rescission |
37 (3) | up to 3 months after date of rescission |
53 (3) | up to 30 days after date of notification of refusal to consent |
107 (5) | no earlier than 14 days after date of request by Residents Committee under section 107 (4) |
108 (1) | up to 30 days after date of notification of refusal to consent or, if residents do not notify, up to 14 days after expiry of period under section 107 (2) |
113 | no earlier than 59 days immediately prior to commencement of the financial year and any time until the end of the financial year |
132 (3) | up to 7 days after date of notification of differing opinion as to condition of premises |
134 (1) | no later than 28 days after service of termination notice |
134 (2) | no later than 28 days after service of termination notice |
135 (1) | up to 30 days after alleged incident became known to operator |
140 (1) | up to 30 days after date fixed for vacation by earlier Tribunal order |
146 (1) | any time before goods are disposed of under section 147 |
147 (1) | no earlier than 30 days after date of notice required under section 147 (2). If that notice cannot be given, application cannot be made earlier than 30 days after date on which—
|
148 (2) | up to 12 months after date operator deals with the goods |
163 (6) (a) | up to 3 months after date of receipt of claim |
163 (6) (b) | up to 3 months after date of receipt of claim |
181 (5) (a) | no earlier than 1 month before expiry of period in section 181 (2) (f) and no later than 14 days after expiry of this period |
181 (5) (b) | no earlier than 1 month before expiry of period in section 181 (2) (f) and no later than 14 days after expiry of this period |
182 (1) (a) | up to 14 days after due date for payment |
For the purposes of section 184 (6) of the Act—
(a) each offence specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable under any such penalty notice is the amount specified in this Schedule for the offence.
Column 1 | Column 2 |
Provision | Penalty ($) |
Section 17 (5A) | 1,100 |
Section 18 (3) | 440 |
Section 18 (4) | 220 |
Section 18 (5) | 2,200 |
Section 19 (2) | 220 |
Section 20 (1) | 550 |
Section 20 (3) | 550 |
Section 21 (1) (a) | 1,100 |
Section 21 (1) (b) | 1,100 |
Section 21 (1) (c) | 1,100 |
Section 24A (1) | 2,200 |
Section 27 | 2,200 |
Section 29 (1A) | 2,200 |
Section 39 (1) | 1,100 |
Section 39 (2) | 1,100 |
Section 39 (3) (a) | 550 |
Section 39 (3) (b) | 550 |
Section 58A (2A) | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 58B (1) | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 59A | 440 |
Section 69A (1) | 550 (in the case of a corporation) or 220 (in any other case) |
Section 69A (5) | 550 (in the case of a corporation) or 220 (in any other case) |
Section 69A (12) | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 72A (1) | 440 |
Section 72A (4) | 440 |
Section 83C, in relation to a contravention of rule 11, 14, 15, 22, 27, 29, 30 or 34 under the Rules of Conduct for Operators of Retirement Villages set out in Schedule 3A to this Regulation | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 99 (5) | 2,200 |
Section 101 (1) | 440 |
Section 101A (1) | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 106A | 1,100 |
Section 110 (1) | 110 |
Section 110 (2) | 110 |
Section 112 (1) | 2,200 |
Section 118A | 2,200 (in the case of a corporation) or 1,100 (in any other case) |
Section 118E (1) | 440 |
Section 119 (1) | 1,100 |
Section 147 (5) | 440 |
Section 165 (1) (a) | 220 |
Section 165 (1) (c) | 220 |
Section 165 (1) (d) | 220 |
Section 165 (1) (e) | 220 |
Section 180 (2) | 2,200 in the case of a corporation or 1,100 in the case of an individual |
Section 180 (3) | 220 |
Section 181 (2) | 1,100 |
Section 181 (4) | 220 |
Section 182AC(7) | 2,200 in the case of a corporation or 1,100 in the case of an individual |
Section 182AE(3) | 2,200 in the case of a corporation or 1,100 in the case of an individual |
Section 182AG(6) | 2,200 in the case of a corporation or 1,100 in the case of an individual |
Section 182C (1) | 2,200 |
Section 197 | 1,100 |
Clause 19A | 1,100 (in the case of a corporation) or 440 (in any other case) |
Clause 50AA(1) or (2) | 2,200 in the case of a corporation or 1,100 in any other case |
Clause 50AB(1), (2) or (3) | 2,200 in the case of a corporation or 1,100 in any other case |
(Clause 33C(a))
Bayside
City of Blacktown
City of Blue Mountains
Burwood
Camden
City of Campbelltown
Canada Bay
Canterbury-Bankstown
Cumberland
City of Fairfield
Georges River
City of Hawkesbury
Hornsby
Hunter’s Hill
Inner West
Ku-ring-gai
Lane Cove
City of Liverpool
Mosman
City of Newcastle
North Sydney
Northern Beaches
City of Parramatta
City of Penrith
City of Randwick
City of Ryde
Strathfield
Sutherland Shire
City of Sydney
The Hills Shire
Waverley
City of Willoughby
Wollondilly
City of Wollongong
Woollahra
(Clause 52)
In this Schedule—
If a measure or action requires a special resolution—
(a) a resolution concerning the action or measure must be put to a meeting of residents of the retirement village, and
(b) at least 21 days’ written notice of the meeting must be given to all residents of the village, and
(c) the notice must—
(i) set out the resolution, and
(ii) specify that the resolution is to be put as a special resolution, and
(iii) specify that residents of the village may submit their vote prior to the meeting in writing (and give directions as to the manner in which such a vote is to be recorded and submitted), and
(iv) be accompanied by a ballot paper initialled by the returning officer.
A qualified voter may, prior to a meeting in respect of a special resolution, submit a vote in writing (
(a) the Residents Committee, or
(b) if there is no such Committee established in the retirement village, to the operator of the village.
The Residents Committee (or, if there is no such Committee established in the retirement village, the operator of the village) must keep all postal votes received prior to the meeting in a safe and secure location.
At the meeting in respect of a special resolution, each postal vote must be accounted for against a current list of residents and be handed to the returning officer.
If a qualified voter has submitted a postal vote in accordance with this clause, that voter may not change or withdraw the postal vote or vote in person or by proxy at the meeting in respect of the special resolution.
A special resolution submitted at a meeting of the residents of a retirement village must not be considered unless there is a quorum present to consider and vote on the resolution.
There is a quorum for considering and voting on such a resolution only if—
(a) a minimum of 5 qualified voters, or 25% of qualified voters (whichever is the greater), or
(b) where the village has fewer than 10 occupied residential premises—the qualified voters from a majority of the occupied residential premises,
is able to vote on the resolution at the meeting, either personally, by postal vote or by proxy.
If a quorum, as provided by subclause (2), is not present within the next half hour after the relevant resolution arises for consideration at the meeting, the meeting stands adjourned for at least 7 days.
If a quorum, as provided by subclause (2), is not present within the next half 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 that resolution.
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 or not the vote on the measure or action concerned is to be taken by means of a written ballot.
If 50% or more of the residents present at the meeting decide that the vote is to be taken by means of a written ballot, the vote must be taken by those means.
If a vote is to be taken by means of a written ballot (including a vote on a special resolution), the returning officer must cause sufficient ballot papers to be prepared so that a ballot paper can be given to each qualified voter.
The ballot paper must contain details of the measure or action requiring a vote and directions as to the manner in which a vote is to be recorded and returned to the returning officer.
For example, the ballot paper may have the question to be answered followed by a yes box and a no box and instructions that the voter clearly mark one of the boxes with a tick or a cross.
The returning officer must provide to each qualified voter (or if the qualified voter has a proxy, to the voter’s proxy) at the meeting a ballot paper initialled by the returning officer.
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)—
(a) must record a vote on the ballot paper in accordance with the directions shown on it, and
(b) must fold the completed ballot paper so that the vote cannot be seen, and
(c) must place the ballot paper in the ballot box.
The result of a vote is to be ascertained by the returning officer as soon as is practicable.
The returning officer is to count the votes (whether by written ballot or show of hands) and any postal votes received (in respect of a special resolution) to ascertain the result of the vote.
If the returning officer is permitted or required to make a decision on any matter under this Schedule, the decision of the returning officer on that matter is final.
When he or she first ascertains the result of the vote, the returning officer is to announce the result and is then to prepare a written report of the result.
Copies of the report are to be given to the Residents Committee (if there is one) and placed on a notice board in a common area of the retirement village.
clauses 50AA and 50AB
The following information relating to a retirement village—
(a) the village trading name,
(b) the village street address,
(c) the village contact details, including telephone number and email address.
The retirement village operator’s full name.
The following information about a Residents Committee of a retirement village—
(a) if there is a Residents Committee of the village,
(b) the name of the secretary or the chairperson of the Residents Committee,
(c) the contact telephone number and email address for the Residents Committee.
The following information relating to the number of units in a retirement village—
(a) the total number of units,
(b) the number of units with accessibility facilities.
The following information relating to the presence of the following resident right types in a retirement village—
(a) strata title schemes,
(b) leasehold arrangements,
(c) non-registered lease or licence arrangements,
(d) community land schemes,
(e) rental arrangements,
(f) company title schemes,
(g) other residence rights.
The following information about the management and operation of a retirement village—
(a) if company, sole trader, partnership, not for profit or charity—the entity type,
(b) for a body corporate—the ABN, ACN, ARBN or other registration number,
(c) for a business operating more than 1 retirement village in NSW—the number of retirement villages the business operates in NSW,
(d) the name of any industry association the business is a member of,
(e) the contact details for information requests, including the contact person’s full name, title, telephone number and email address,
(f) confirmation that the village is insured under the Act, section 100,
(g) whether the operator has been convicted of an offence under the Act, including details of the offence and the amount of the penalty,
(h) details regarding the extent to which the operator has complied with all requirements of any development consent relating to the village site,
(i) whether the village has been registered under the Act, section 24A,
(j) for a village that has not yet been registered under the Act, section 24A—the reasons for the delay,
(k) if the operator does not own the land notified as a retirement village—details of the entity that owns the land.
The following information relating to the management and operation of the retirement village—
(a) the total size of the land, in square metres, that was notified under the Act, section 24A as comprising the retirement village,
(b) the footprint of the buildings, in square metres, comprising the retirement village,
(c) whether the development is fully completed, partially completed or still to be built,
(d) for a retirement village that is partially completed or still to be built, the following particulars of all proposed stages—
(i) the estimated date of completion,
(ii) the proposed number of premises,
(iii) whether development consent has been obtained.
Retirement Villages Regulation 2017 (485). LW 1.9.2017. Date of commencement, 1.9.2017, cl 2. This Regulation has been amended as follows—
No 77 | Retirement Villages Amendment Act 2018. Assented to 28.11.2018. Date of commencement of Sch 2 [1] and [2], 1.7.2019, sec 2 and 2019 (71) LW 15.2.2019; date of commencement of Sch 2[3], 1.1.2021, sec 2 and 2020 (730) LW 18.12.2020. | |
No 79 | Fair Trading Legislation Amendment (Miscellaneous) Act 2018. Assented to 28.11.2018. Date of commencement of Sch 3, 1.7.2020, sec 2. | |
(288) | Retirement Villages Amendment (Rules of Conduct for Operators) Regulation 2019. LW 28.6.2019. Date of commencement, 1.7.2019, cl 2. | |
(561) | Retirement Villages Amendment (COVID-19 Prescribed Period) Regulation 2020. LW 18.9.2020. Date of commencement, on publication on LW, cl 2. | |
(23) | Retirement Villages Amendment (Exit Entitlement) Regulation 2021. LW 4.2.2021. Date of commencement, 4.2.2021, cl 2. | |
(26) | Retirement Villages Amendment (Asset Management Plans) Regulation 2021. LW 5.2.2021. Date of commencement, on publication on LW, cl 2. | |
No 5 | COVID-19 Recovery Act 2021. Assented to 25.3.2021. Date of commencement of Sch 1.27, assent, sec 2(1). | |
No 7 | Community Land Management Act 2021. Assented to 26.3.2021. Date of commencement, 1.12.2021, sec 2 and 2021 (599) LW 14.10.2021. | |
(236) | Retirement Villages (Asset Management Plans and Exit Entitlements) Amendment Regulation 2021. LW 21.5.2021. Date of commencement, on publication on LW, cl 2. | |
(462) | Retirement Villages Amendment (Miscellaneous) Regulation 2021. LW 20.8.2021. Date of commencement, on publication on LW, cl 2. | |
(268) | Retirement Villages Amendment (Operator Obligations) Regulation 2022. LW 3.6.2022. Date of commencement, 1.9.2022, sec 2. | |
(756) | Retirement Villages Amendment (Miscellaneous) Regulation 2022. LW 9.12.2022. Date of commencement, on publication on LW, sec 2. | |
No 25 | Better Regulation, Fair Trading and Other Legislation Amendment Act 2024. Assented to 31.5.2024. Date of commencement, assent, sec 2. |
Cl 3 | Am 2022 (268), Sch 1[1]. |
Cl 10 | Am 2019 (288), Sch 1 [1] [2]. |
Cl 11 | Am 2021 (23), Sch 1[1] [2]; 2022 (268), Sch 1[2]. |
Cl 12 | Am 2021 (236), Sch 1[1] [2]. |
Cl 17A | Ins 2021 (23), Sch 1[3]. |
Cl 19 | Am 2021 (23), Sch 1[4]; 2021 (236), Sch 1[3]. |
Cl 19A | Ins 2021 (26), Sch 1[1]. Am 2021 (236), Sch 1[4] [5]. |
Cl 26 | Am 2021 No 7, Sch 4.18. |
Cl 26AA | Ins 2021 (23), Sch 1[5]. Am 2021 (236), Sch 1[6]. |
Part 4, Div 2A | Ins 2021 (26), Sch 1[2]. |
Cl 26A | Ins 2021 (26), Sch 1[2]. |
Cl 26B | Ins 2021 (26), Sch 1[2]. Am 2021 (236), Sch 1[7]. |
Cl 26C | Ins 2021 (26), Sch 1[2]. Am 2021 (236), Sch 1[8] [9]. |
Cl 26D | Ins 2021 (26), Sch 1[2]. Am 2021 (236), Sch 1[10]–[12]. |
Cl 26E | Ins 2021 (26), Sch 1[2]. |
Cl 26F | Ins 2021 (26), Sch 1[2]. Am 2021 (236), Sch 1[13] [14]. |
Cl 26G | Ins 2021 (26), Sch 1[2]. Am 2021 (236), Sch 1[15]–[17]. |
Cl 26H | Ins 2021 (26), Sch 1[2]. |
Cl 27 | Am 2021 (23), Sch 1[6]. |
Cl 31 | Am 2021 (26), Sch 1[3]. |
Part 5A, Divs 1–3 (cll 33A–33G) | Ins 2021 (23), Sch 1[7]. |
Part 7 (cll 40–45) | Rep 2018 No 79, Sch 3.9[1]. |
Cl 46A | Ins 2021 (23), Sch 1[8]. |
Cl 50AA | Ins 2022 (268), Sch 1[3]. Am 2022 (756), Sch 1[1]. |
Cl 50AB | Ins 2022 (268), Sch 1[3]. Am 2022 (756), Sch 1[2]. |
Cl 50AC | Ins 2022 (268), Sch 1[3]. Am 2022 (756), Sch 1[3] [4]. |
Cl 50A | Ins 2021 (462), Sch 1[1]. Am 2022 (268), Sch 1[4] [5]. Rep 2022 (756), Sch 1[5]. |
Cl 51A | Ins 2021 (23), Sch 1[9]. Am 2021 (236), Sch 1[18]. |
Cl 52A | Ins 2019 (288), Sch 1 [3]. |
Cl 52B | Ins 2020 (561), cl 3. Rep 2021 No 5, Sch 1.27. Ins 2021 (462), Sch 1[2]. |
Cl 53 | Am 2021 (26), Sch 1[4] [5]; 2021 (236), Sch 1[19]. |
Sch 1 | Am 2021 (23), Sch 1[10] [11]; 2021 (26), Sch 1[6]. |
Sch 2 | Am 2021 (23), Sch 1[12]–[22]. |
Sch 3A | Ins 2019 (288), Sch 1 [4]. Am 2024 No 25, Sch 3.8[1] [2]. |
Sch 5 | Am 2018 No 77, Sch 2 [1]–[3]; 2018 No 79, Sch 3.9[2]; 2019 (288), Sch 1 [5]; 2021 (23), Sch 1[23] [24]; 2021 (26), Sch 1[7]; 2022 (268), Sch 1[6] [7]. |
Sch 5A | Ins 2021 (23), Sch 1[25]. |
Sch 7 | Ins 2022 (756), Sch 1[6]. |
0
0
0