Retirement Villages Regulations 2002 (SA)
South Australia
Retirement Villages Regulations 2002
under the Retirement Villages Act 1987
Contents
Short title
Commencement
Revocation
Interpretation
"Premium"—excluded payments
Residence contracts
Termination of residence rights
Application for extension of prescribed period
Meetings of residents—financial information
Standards for financial information
Remarketing policy
Resolution of disputes
Endorsement of certificates of title
Fees
Code of conduct
Forms generally
Offence
Schedule 1—Forms
Schedule 2—Fees
Schedule 3—Code of conduct to be observed by the administering authority of a retirement village
Premiums
Remarketing of the right to occupy a unit
Premises condition report
Payment after settlement
Residents' committees
Consultation with residents
Dispute procedures
Legislative history
1—Short title
These regulations may be cited as the Retirement Villages Regulations 2002.
2—Commencement
These regulations will come into operation on the day on which the Retirement Villages (Miscellaneous) Amendment Act 2001 comes into operation.
3—Revocation
The Retirement Villages Regulations 1987 (see Gazette 25.7.1987 p1662), as varied, are revoked.
4—Interpretation
In these regulations—
Act means the Retirement Villages Act 1987.
In these regulations, a reference to a form of a particular number is a reference to a form of that number set out in Schedule 1.
5—"Premium"—excluded payments
A payment of less than $1 000 is excluded from the ambit of the definition of premium in section 3 of the Act.
6—Residence contracts
For the purposes of section 6 of the Act—
(a)a notice of a person's rights under section 6 of the Act must be in the form of Form 1; and
(b)a statement that must be completed by the administering authority must be in the form of Form 21; and
(c)the following documents are prescribed:
(i)a copy of the proposed residence contract; and
(ii)a copy of the code of conduct set out in Schedule 3; and
(iii)the statements and other financial information last presented to residents of the retirement village under section 10(5)(a) of the Act; and
(iv)a written statement of any subsequent change which affects, to a material degree, any statement or other information provided under subparagraph (iii) and which could reasonably be expected to influence the prospective resident's decision to enter the village; and
(v)a copy of the administering authority's remarketing policy under regulation 11; and
(vi)a Premises Condition Report relating to the relevant unit (see Form 2).
A residence contract should, insofar as is reasonably practicable, be expressed plainly and in gender neutral language and, without limiting any other terms or conditions agreed between the parties, must include the following headings (printed below in capital letters) and comply with the following requirements:
(a)Names of parties
The contract must include the full names of all parties to the contract, and the full address of the administering authority;
(b)Name and address of the retirement village
The contract must set out the name of the retirement village and its full address;
(c)Description of accommodation
The contract must identify the unit to be occupied by the resident and give a reasonable description of its features;
(d)Tenure
The contract must specify the form of tenure that will apply to the resident under the retirement village scheme, and the terms and conditions of that tenure;
(e)Premium
The contract must specify the amount of any premium payable by the resident, the basis on which the premium is paid, and the date on which the premium is payable. The contract must also set out the terms and conditions under which the premium will be repaid and the basis on which the amount of any repayment will be calculated;
(f)Fees and charges
The contract must specify the various fees and charges payable by the resident, distinguishing between recurrent charges, deferred fees and other fees. The contract must specify when each fee or charge is payable and the amount of the fee or charge, or its method of calculation. Any right to vary the fee or charge must be specified. The contract must also identify any fee or charge that will continue to be payable if the resident is absent from the retirement village, or ceases to reside in the retirement village. The contract must specify when any such fee or charge will cease to be payable;
(g)Facilities and services
The contract must specify any facilities that are to be specifically provided for the benefit of the resident, and any work to be undertaken by the administering authority. The contract must also specify all services that the administering authority will provide for the benefit of the resident;
(h)Communal facilities
The contract must describe the communal facilities available to residents of the retirement village;
(i)Termination of residence rights
The contract must specify the action which must be taken in order to terminate the contract and the steps, if any, that a party agrees to undertake after a termination;
(j)Other accommodation
The contract must specify any agreement as to any further care or accommodation that may be provided to the resident in the future;
(k)Settling-in period
The contract must specify any agreement between the parties with respect to the resident's settling-in period (including any amounts that may be payable by the resident if he or she terminates the contract during that period and, if relevant, any extension to the settling-in period specified by the Act);
(l)Disputes
The contract must specify the procedures for the resolution of a dispute within the retirement village;
(m)Trustee
The contract must set out the terms of conditions on which a trustee has been appointed for the purposes of the retirement village scheme (insofar as any such trustee is involved in holding moneys paid by the resident on trust, or is available or responsible to represent the interests of the resident), and any rights that the resident may have by virtue of that appointment.
Note—
1This form may be signed by a person duly authorised to act on behalf of the administering authority.
7—Termination of residence rights
An application to the Tribunal under section 7(3) or (4) of the Act must—
(a)be made within 60 days after the date of the notice under section 7(8) of the Act; and
(b)be in the form of Form 4 and be accompanied by the prescribed fee under Schedule 2.
An order for ejectment under section 7(7) of the Act may be made on the application of the administering authority and—
(a)the application must be in the form of Form 5 and be accompanied by the prescribed fee under Schedule 2; and
(b)section 93 of the Residential Tenancies Act 1995 applies to an order for ejectment as if it were an order for possession of premises.
A notice under section 7(8) of the Act must be in the form of Form 3.
8—Application for extension of prescribed period
An application to the Tribunal under section 9A(2c) of the Act must be in the form of Form 6 and be accompanied by the prescribed fee under Schedule 2.
9—Meetings of residents—financial information
The following information is prescribed for the purposes of section 10(5)(a)(iv) of the Act:
(a)a statement of the proportion (if any) of premiums received during the previous financial year used, or to be used, for purposes similar to those for which recurrent charges are used;
(b)a statement of the amount of money received from residents and held in reserve for establishment, or maintenance, refurbishment or replacement, of facilities at the retirement village, stating what payments were made from those reserves during the previous financial year;
(c)a statement of the amount of any expenditure during the previous financial year for which residents were or will be liable, being expenditure not otherwise accounted for under this regulation or section 10(5) of the Act.
10—Standards for financial information
Any information provided under section 10(5)(a) or 10AAA(1) of the Act must be in a form that shows specific information for the particular retirement village (and if the retirement village has more than one site, this information must specifically relate to the site at which the relevant resident or residents reside).
11—Remarketing policy
An administering authority must have a policy that sets out the procedures to be followed, and the rights, responsibilities and obligations of each party, in relation to the remarketing of a unit after the resident has given notice of a decision to vacate the unit, or after some other event that means that the resident will no longer be residing in the retirement village.
12—Resolution of disputes
An application to the Tribunal under section 14 of the Act must be in the form of Form 7 and must be accompanied by the prescribed fee under Schedule 2.
13—Endorsement of certificates of title
An application to the Registrar-General under section 15(2) or (4) of the Act must—
(a)be in a form determined by the Registrar-General; and
(b)be endorsed with a certificate as required by section 273(1) of the Real Property Act 1886; and
(c)be accompanied by the appropriate fee under the Real Property Act (Fees) Regulations 1991.
14—Fees
The fees prescribed in Schedule 2 are payable for the purposes specified.
15—Code of conduct
Pursuant to section 21A of the Act, the code set out in Schedule 3 is prescribed as a code of conduct to be observed by administering authorities.
16—Forms generally
A form to be completed by an administering authority may be completed by a person duly authorised to act on behalf of the administering authority.
A form—
(a)must be completed in accordance with the instructions contained in the form; and
(b)must include the information indicated as being required,
and, if a form indicates that a particular document is to accompany the form, that document must be attached to the form or otherwise lodged with the form.
Form 2, and any document accompanying that form, must be signed and dated—
(a)by the administering authority (or by a person duly authorised to act on behalf of the administering authority); and
(b)by the resident.
Pursuant to section 23(2)(ba) of the Act, a residence contract or other document required to be given to a person under section 6(2) of the Act must be printed in not less than 12 point type face (and must be in either Roman, Italic or Sans Serif style).
17—Offence
A person who breaches, or fails to comply with, a provision of these regulations is guilty of an offence.
Maximum penalty: $2 500.
Schedule 1—Forms
Schedule 2—Fees
| Application for an exemption under section 4(2) of the Act | $250 |
| Application to the Residential Tenancies Tribunal under section 7(3) or (4) of the Act | $400 |
| Application to the Tribunal under section 7(7) of the Act | $100 |
| Application for an exemption under section 8(2) of the Act | $80 |
| Application to the Residential Tenancies Tribunal for an extension of the prescribed period under section 9A(2c) of the Act | $400 |
| Application to the Residential Tenancies Tribunal under section 14(1) of the Act | $100 |
| Application for an authorisation under section 16 of the Act | $80 |
Schedule 3—Code of conduct to be observed by the administering authority of a retirement village
1—Premiums
If—
(a)a resident leaves the retirement village because of mental or physical illness or incapacity, as certified by an Aged Care Assessment Team appointed under the Aged Care Act 1997 of the Commonwealth; and
(b)the resident moves (or is moving) to an aged care facility that provides a higher level of care; and
(c)the resident must pay an accommodation bond or accommodation charge within the meaning of the Aged Care Act 1997 of the Commonwealth; and
(d)the resident does not have ready access to funds to pay the bond or charge, or the payment of the bond or charge would have a serious effect on his or her personal finances; and
(e)the resident has paid a premium to the administering authority; and
(f)the resident applies to the administering authority under this provision—
(i)before he or she leaves the retirement village; or
(ii)within two weeks after he or she leaves the retirement village,
the administering authority must, despite the terms of any agreement between the resident and the administering authority, within 60 days after the resident leaves the retirement village, or within such longer period, not exceeding an additional 30 days, as the Minister may allow, repay to the resident so much of the premium as the resident requires to enter that aged care facility and to pay that accommodation bond or accommodation charge (up to (and not exceeding) an amount which is a reasonable assessment of the amount that the person would be entitled to on account of the repayment of the premium in any event).
If—
(a)a resident leaves the retirement village because of circumstances which were not reasonably within his or her control; and
(b)the resident has paid a premium to the administering authority; and
(c)the resident applies to the administering authority under this provision for the refund of all, or a part, of the premium notwithstanding that, at the time of the application, the administering authority is not required to make the repayment,
the administering authority must, within 60 days after the receipt of the application, or within such longer period not exceeding an additional 30 days, as the Minister may allow—
(d)refund the amount to which the application relates; or
(e)by written notice to the resident—
(i)reject the application; and
(ii)notify the resident as to whether the administering authority would support the referral of the matter to the Tribunal for resolution.
If—
(a)a resident ceases to reside in the retirement village in circumstances in which there is no reasonable prospect of the resident returning to reside in the retirement village; and
(b)the resident is entitled to the repayment (in whole or in part) of a premium,
then, despite the terms of any agreement between the resident and the administering authority, interest will not be charged on any amount in respect of charges that accrue after the resident has ceased to reside in the retirement village.
In this clause—
resident of a retirement village includes a former resident of a retirement village.
2—Remarketing of the right to occupy a unit
The administering authority may take preliminary steps for the remarketing of a unit as soon as the administering authority receives notice of the decision of the resident (the outgoing resident) to vacate the unit (or of any other circumstance that means that the resident will no longer be residing in the retirement village).
The administering authority must act under its remarketing policy as soon as the administering authority receives notice of the decision of the outgoing resident to vacate the unit (or of any other circumstance referred to in subclause (1)).
The requirements under the administering authority's remarketing policy will at least include or address—
(a)arrangements to meet with the outgoing resident, or an agent, nominated person or personal representative of the outgoing resident, to view the unit, complete the Premises Condition Report, and explain and discuss the remarketing process (unless this is not reasonably practicable to do in view of the resident's circumstances); and
(b)procedures to identify any work that should be undertaken to ensure that the unit is in a reasonable condition for remarketing, and to determine when and how any such work will be undertaken, and who will be responsible for organising the work, and for the cost of the work; and
(c)the fixing of the price at which the unit will initially be remarketed, and when and how changes to that price will be considered and made; and
(d)the type, level and frequency of advertising that will be undertaken in relation to the marketing of the unit; and
(e)who will be responsible for any costs associated with the valuation of the unit, any advertising, and other relevant matters, and how any such costs are to be calculated or determined; and
(f)what will be required of the outgoing resident in relation to the remarketing of the unit, and the extent to which the resident may or will assume responsibility for any aspect of the remarketing process; and
(g)what action will be taken if the unit is not sold or relicensed—
(i)after 90 days;
(ii)after six months; and
(h)what steps are to be undertaken by—
(i)the administering authority; and
(ii)the outgoing resident,
when the unit is sold or relicensed; and
(i)settlement procedures, including what fees, charges and costs will be deducted by the administering authority at the time of settlement, and the provision to the outgoing resident of a statement at (or at an appropriate time after) the settlement.
In addition to any requirement or undertaking in a remarketing policy, the administering authority must—
(a)provide ongoing written reports to the outgoing resident on the progress of the matter at least monthly; and
(b)if new units within the retirement village are on the market at the same time, at least match the level of marketing for the unit of the outgoing resident that applies to those new units.
3—Premises condition report
The administering authority will provide to the resident a Premises Condition Report.
A Premises Condition Report—
(a)must provide information about—
(i)the condition of the fixtures, fittings and furnishings provided at the unit; and
(ii)who will be responsible for repairing or replacing any item; and
(iii)when any item is due to be repaired or replaced; and
(iv)how the cost of repairing or replacing any item is to be funded; and
(b)must be completed at the time that the resident is taking possession of the unit, and reviewed at the time that the resident is vacating the unit; and
(c)must be signed and dated—
(i)by the administering authority (or by a person duly authorised to act on behalf of the administering authority); and
(ii)if or when the resident is satisfied as to the information contained in the report—by the resident.
4—Payment after settlement
The administering authority must ensure that all amounts due to a former resident of a unit on the resale or relicensing of the unit are paid to the former resident within 25 business days after the date of settlement of the unit.
5—Residents' committees
The administering authority will undertake reasonable consultation with a residents' committee established under the Act in relation to the following matters:
(a)the management of the property comprising the retirement village;
(b)maintenance issues raised by residents;
(c)the preparation of an annual budget for the retirement village;
(d)any proposed change to a service or facility provided at the retirement village that is reasonably expected to result in—
(i)increased costs to residents beyond any increase shown in the annual budget; or
(ii)a loss of amenity;
(e)any proposal to alter or improve a building, fixture or fitting where residents will be expected to finance some or all of the capital or recurrent costs of the work, except where—
(i)the costs have already been included in the annual budget for the retirement village; or
(ii)the costs will not exceed $2 000 in total;
(f)the establishment of a disputes committee, or of any other procedure for dealing with disputes;
(g)any proposal to formulate or alter rules for the retirement village;
(h)the distribution of information to residents;
(i)the establishment of social or recreational programmes at the retirement village;
(j)the appointment of a trustee (or new trustee) for the purposes of the retirement village scheme, or any proposal to alter the functions or duties of such a trustee;
(k)any other matter agreed between the committee and the administering authority.
6—Consultation with residents
The administering authority must, in addition to the requirements of clause 5, take steps to ensure that there is reasonable consultation with residents at the retirement village in relation to any matter that could have a significant impact on their financial affairs, the amenity of the village or their way of life.
7—Dispute procedures
The administering authority must provide to each resident a document setting out the policies and procedures that are applied by the administering authority in the event of a dispute and, if or when those policies or procedures are altered, a revised version of such a document.
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Retirement Villages Regulations 2002 were revoked by Sch 3 of the Retirement Villages Regulations 2006 on 1.11.2006.
Principal regulations
Year No Reference Commencement 2002 7 Gazette 15.1.2002 p213 1.7.2002: r 2
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