Retirement Villages Regulations Amendment Regulations 2016 (WA)
!2016117GG!
WESTERN 2713 AUSTRALIAN GOVERNMENT
ISSN 1448-949X (print) ISSN 2204-4264 (online)
| PRINT POST APPROVED PP665002/00041 |
PERTH, THURSDAY, 30 JUNE 2016 No. 117 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 12.30 PM
© STATE OF WESTERN AUSTRALIA
Western Australia
Retirement Villages Regulations Amendment
Regulations 2016
Contents
Part 1 — Preliminary
1. Citation
2. Commencement
Part 2 — Fair Trading (Retirement
Villages Code) Regulations 2015
amended
3. Regulations amended
4. Schedule 1 clause 17 amended
5. Schedule 1 clause 32 amended
Part 3 — Retirement Villages
Regulations 1992 amended
6. Regulations amended
7. Schedule 1 Form 1 amended
8. Schedule 1 Form 1A amended
9. Schedule 1 Form 2 amended
10. Various references to “community amenities”
amended
30 June 2016 GOVERNMENT GAZETTE, WA 2715
Fair Trading Act 2010
Retirement Villages Act 1992
Retirement Villages Regulations Amendment
Regulations 2016
Made by the deputy of the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Retirement Villages Regulations
Amendment Regulations 2016.
2. Commencement
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
2716 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 2 Fair Trading (Retirement Villages Code) Regulations 2015 amended r. 3
Part 2 — Fair Trading (Retirement Villages Code)
Regulations 2015 amended
3. Regulations amended
This Part amends the Fair Trading (Retirement Villages Code)
Regulations 2015.
4. Schedule 1 clause 17 amended
In Schedule 1 clause 17(3)(q) delete “net amount of GST” and
insert:
amount, net of GST,
5. Schedule 1 clause 32 amended
(1) In Schedule 1 clause 32(2) delete “The costs” and insert: Subject to subclause (1), the costs (2) In Schedule 1 clause 32(3) delete “costs as a result of complying with the village dispute resolution process set out in clause 30(2), the administering body must not recover those costs from a resident or a
former resident.” and insert: a share of costs under subclause (2), it must not recover any of that
share from any resident or former resident (whether or not a party to a
dispute).
30 June 2016 GOVERNMENT GAZETTE, WA 2717 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 6
Part 3 — Retirement Villages
Regulations 1992 amended
6. Regulations amended
This Part amends the Retirement Villages Regulations 1992.
7. Schedule 1 Form 1 amended
(1) Delete the reference after the heading to Schedule 1 Form 1 and
insert:[r. 4(1)(a)] (2) In Schedule 1 Form 1 delete “Information statement for prospective resident” and insert: Disclosure statement for prospective residents — residence contract that is not a short-term residence contract (as defined in
regulation 4A)
(3) In Schedule 1 Form 1 delete “THE OWNER MUST ANSWER EACH OF THE FOLLOWING QUESTIONS IN WRITING BELOW EACH QUESTION —” and insert: THE OWNER, OR A PERSON AUTHORISED TO ACT ON
BEHALF OF THE OWNER, MUST COMPLETE ALL
SECTIONS OF THIS DISCLOSURE STATEMENT INWRITING.
(4) In Schedule 1 Form 1 delete “The owner, or a person authorised to act on behalf of the owner, must complete all sections of this disclosure statement in writing.”.
2718 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 7
(5) In Schedule 1 Form 1 item 2A delete “(individual/company/ organisation):” and insert: (individual, company or organisation). (6) In Schedule 1 Form 1 item 2B delete “individual/company/ organisation:” and insert: individual, company or organisation. (7) In Schedule 1 Form 1 item 4A:
(a) delete “If yes, provide a brief explanation of how much visitors parking is available:” and insert:
If yes, briefly explain how much parking is available for
visitors:(b) opposite the question “Is there trailer, boat and caravan parking available for the prospective resident to use?”
insert:
If yes, provide a brief explanation:
......................................................
......................................................
.......................................................
(8) In Schedule 1 Form 1 item 5A delete “section 75(1)]” and insert: the Retirement Villages Act 1992 sections 14 and 75]
30 June 2016 GOVERNMENT GAZETTE, WA 2719 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 7
(9) In Schedule 1 Form 1 delete item 6A and insert: A
To live in the village, Tick those charges that apply: the prospective
Recurrent charges 4 per
resident will be required to pay:
[week/fortnight/month]
$.............
Tick whether the Reserve fund 5 charge per charges apply to:
[week/fortnight/month] $.............
single occupant [Provide further information about reserve
couple fund contributions at item 11]
not dependent Any other charges on single or [specify other charges] couple
occupancy ................................................. $................ ................................................. $................ ................................................. $................
Ongoing amounts Total amount payable per payable to the
[week/fortnight/month] $.............. operator during
occupation may vary
each financial year
depending onoperating expenses. (10) In Schedule 1 Form 1 item 6B:
(a) delete “[see also item 12]” and insert: [see also item 12]
2720 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 7
(b) delete “[not applicable to all retirement villages 7]” and insert:
7
(not applicable to all retirement villages )
(11) In Schedule 1 Form 1 item 7 delete “7 Exit fees 12 and other exit related matters” and insert: 7. Exit fees 12 and other exit related matters
(12) In Schedule 1 Form 1 item 7D:
(a) delete “contribute to an exit fee contribution to a reserve/sinking fund when permanently vacating?” and
insert:
who are permanently vacating pay an exit fee that includes a
contribution to a reserve/sinking fund?(b) after “Retirement Villages Act” insert: 1992
(c) delete “Strata Titles Act:” and insert: Strata Titles Act 1985:
(13) In Schedule 1 Form 1 item 9A delete “item 7A-7D)” and insert: items 7A-7D)
30 June 2016 GOVERNMENT GAZETTE, WA 2721 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 7
(14) In Schedule 1 Form 1 item 12B delete “If yes, provide details of the types of insurance residents are responsible for arranging:” and insert: If yes, provide details of the types of insurance residents are
responsible for arranging:(15) In Schedule 1 Form 1 item 14A:
(a) delete “residents in the village” and insert: residents in the village.
(b) delete “If communal services are not provided, make a statement to the effect that the administering body does not
provide or make available any communal services in the
village.” and insert:
If communal services are not provided, make a statement to
the effect that the administering body does not provide or
make available any communal services in the village.
(16) In Schedule 1 Form 1 item 14B:
(a) delete “basis” and insert: basis.
(b) delete “If personal services are not provided, make a statement to the effect that the administering body does not
provide or make available any personal services in thevillage.” and insert:
If personal services are not provided, make a statement to the
effect that the administering body does not provide or make
available any personal services in the village.
2722 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 7
(17) In Schedule 1 Form 1 item 16C:
(a) delete “monitored between:” and insert: monitored:
(b) delete: …….... am and …….... pm [number] ....... days per week
and insert:
between …….... am and …….... pm [number] ....... days per week
(18) In Schedule 1 Form 1 item 18A delete “Provide the name of the retirement village accreditation scheme and key details including the
year in which the village was last assessed against the accreditationcriteria and accredited:” and insert: Provide the name of the retirement village accreditation scheme and key details including the year in which the village was last assessed against the accreditation criteria and accredited:
30 June 2016 GOVERNMENT GAZETTE, WA 2723 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 7
(19) In Schedule 1 Form 1 delete item 21B and insert: B
Is the waiting list fee Yes refundable on entry
No
to the village?
Is the waiting list fee Yes refundable if the No resident decides not
to move into thevillage?
(20) In Schedule 1 Form 1:
(a) in Note 2 delete “an ongoing contribution paid” and insert: a payment
(b) in Note 7 delete “not for profit” and insert: not-for-profit
(c) in Note 13 delete “Act” and insert: Retirement Villages Act 1992
(d) in Note 15 after “Regulations 2015” insert: Schedule 1
(e) in Note 17 after “Regulations (No. 2) 2014” insert: Schedule 1
2724 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 8
(f) in Note 17 after “Regulations 2015” insert: Schedule 1
(g) in Note 19 after “Regulations 2015” insert: Schedule 1
(h) in Notes 22 and 23 delete “footnote” and insert: note
8. Schedule 1 Form 1A amended
(1) Delete the reference after the heading to Schedule 1 Form 1A
and insert:[r. 4(1)(b)] (2) In Schedule 1 Form 1A delete “Information statement for prospective resident — short-term residence contract” and insert: Disclosure statement for prospective residents — short term residence contract (as defined in regulation 4A)
(3) In Schedule 1 Form 1A delete “THE OWNER MUST ANSWER EACH OF THE FOLLOWING QUESTIONS IN WRITING BELOW EACH QUESTION —” and insert: THE OWNER, OR A PERSON AUTHORISED TO ACT ON
BEHALF OF THE OWNER, MUST COMPLETE ALL
SECTIONS OF THIS DISCLOSURE STATEMENT IN
WRITING.
30 June 2016 GOVERNMENT GAZETTE, WA 2725 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 8
(4) In Schedule 1 Form 1A delete “The owner, or a person authorised to act on behalf of the owner, must complete all sections of this disclosure statement in writing.”. (5) In Schedule 1 Form 1A item 1D:
(a) delete “stages.” and insert: stages:
(b) delete “[year].” and insert: [year]
(6) In Schedule 1 Form 1A item 2 delete “Owner administering body/management of the retirement village” and insert: Owner/administering body/management of the retirement village (7) In Schedule 1 Form 1A item 2A:
(a) delete “Owner: Details of ” and insert: Owner: details of
(b) delete “(individual/company/ organisation):” and insert: (individual, company or organisation).
(8) In Schedule 1 Form 1A item 2B:
(a) delete “Administering body: If the” and insert: Administering body: if the
2726 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 8
(b) delete “individual/company/ organisation.” and insert: individual, company or organisation.
(9) In Schedule 1 Form 1A item 3A delete “[specify type]” and insert: [specify type] (10) In Schedule 1 Form 1A item 3B delete: With [tick the box that applies, if 1
any] :
an option to renew or vary the residence contract on the same terms
an option to move to a
periodic tenancy on the same
terms at the end of the fixed
period an option to move to a new
fixed term tenancy on the
same terms at the end of theterm
30 June 2016 GOVERNMENT GAZETTE, WA 2727 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 8
and insert:
With an option at the end of the
term to [tick the box that applies, if
1
any] :
renew the residence contract for an additional term on the same terms, except as to
recurrent charges which may
be varied at the end of the
term move to a periodic tenancy on
the same terms, except as to
recurrent charges which may
be varied at the end of the
term enter a new fixed term
residence contract on the same
terms, except as to recurrent
charges which may be variedat the end of the term
(11) In Schedule 1 Form 1A item 4A:
(a) delete “arrangements:” and insert: arrangements?
(b) delete “If yes, provide a brief explanation how much visitors parking is available:” and insert:
If yes, briefly explain how much parking is available for
visitors:
2728 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 8
(c) delete “Are there any other arrangements in place for the parking of vehicles, caravans or boats?” and insert:
Are there any other arrangements in place for the parking of
vehicles, trailers, boats or caravans?
(12) In Schedule 1 Form 1A delete item 5A and insert: A
To live in the village, Tick those charges that apply: the prospective
Recurrent charges 3 per
resident will be required to pay:
[week/fortnight/month]
$...............
Tick whether the Reserve fund 4 charge per charges apply to:
[week/fortnight/month] $...............
single occupant
Any other charges 5
couple
[specify other charges]
not dependent
................................................ $...............
on single or
couple ................................................ $............... occupancy ................................................ $............... Total amount payable per
Ongoing amounts
[week/fortnight/month] $...............
payable to the
operator during
occupation may vary
each financial yeardepending on
operating expenses.
30 June 2016 GOVERNMENT GAZETTE, WA 2729 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 8
(13) In Schedule 1 Form 1A item 5B delete “[see also item 12]” and insert: [see also item 8] (14) In Schedule 1 Form 1A item 5C delete “repair:” and insert: repairs: (15) In Schedule 1 Form 1A item 7B before “resident permanently” insert: the (16) In Schedule 1 Form 1A item 8A delete “resident?” and insert: residents? (17) In Schedule 1 Form 1A item 10A delete “village:” and insert: village. (18) In Schedule 1 Form 1A item 10B delete “basis:” and insert: basis.
2730 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 8
(19) In Schedule 1 Form 1A item 12B delete “If yes, provide details of the emergency call system, including the name of the current provider.” and insert: If yes, the current cost to residents of the emergency call system is
recovered from residents via:(20) In Schedule 1 Form 1A item 12C:
(a) delete “monitored between:” and insert: monitored:
(b) delete: …….... am and …….... pm [number] ....... days per week
and insert:
between…….... am and …….... pm [number] ....... days per week
(21) In Schedule 1 Form 1A after item 13A insert:
B If any of the boxes in ‘A’ are ticked, provide at Annexure F a table of the relevant contract clauses or residence rules
clauses that apply to any such restrictions or conditions ofuse of residential premises and personal and communal
amenities.
30 June 2016 GOVERNMENT GAZETTE, WA 2731 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 8
(22) In Schedule 1 Form 1A delete item 17B and insert:
B Is the waiting list fee Yes refundable on entry to the
No
village?
Is the waiting list fee Yes refundable if the resident No decides not to move into the village?
(23) In Schedule 1 Form 1A item 18A delete “development?” (each occurrence) and insert: development of the village? (24) In Schedule 1 Form 1A delete item 18D. (25) In Schedule 1 Form 1A:
(a) in Note 10 after “Regulations (No. 2) 2014” insert: Schedule 1
(b) in Note 10 after “Regulations 2015” insert: Schedule 1
(c) in Notes 15 and 16 delete “footnote 9.” (each occurrence) and insert:
note 13.
2732 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 9
(26) In Schedule 1 Form 1A under the heading Annexures in the item relating to Annexure B delete “Table of estimated refund entitlement based on resident permanently vacating after one year.” and insert: Table of a resident’s estimated refund entitlement based on the resident permanently vacating after one year. (27) In Schedule 1 Form 1A in Annexure B delete: Initial amount paid by prospective resident is: At the end of one year $............................. Deductions by the administering body At the end of one year and insert:
Initial amount paid by prospective resident is: At the end of one year $............................. Deductions by the administering body 9. Schedule 1 Form 2 amended
(1) In Schedule 1 Form 2 delete item 2(a) and insert:
(a)
the disclosure statement set out in Form 1 or Form 1A in Schedule 1 to the Retirement Villages Regulations 1992 completed and signed by the owner, or a person authorised
to act on behalf of the owner; and
30 June 2016 GOVERNMENT GAZETTE, WA 2733 Retirement Villages Regulations Amendment Regulations 2016
Retirement Villages Regulations 1992 amended Part 3
r. 10
(2) In Schedule 1 Form 2 in item 3 delete “information statement.” and insert: disclosure statement. (3) In Schedule 1 Form 2 in item 3(a) delete “information statement” and insert: disclosure statement (4) In Schedule 1 Form 2 item 2 after each of paragraphs (b) and (d)
insert:and 10. Various references to “community amenities” amended
In the provisions listed in the Table:
(a) delete “community amenities” and insert: communal amenities
2734 GOVERNMENT GAZETTE, WA 30 June 2016 Retirement Villages Regulations Amendment Regulations 2016
Part 3 Retirement Villages Regulations 1992 amended r. 10
(b) delete “community amenities” and insert: communal amenities
Table
Sch. 1 Form 1 it. 17A Sch. 1 Form 1 it. 17B Sch. 1 Form 1 under the heading Sch. 1 Form 1A it. 13A Annexures in the item relating to Annexure F Sch. 1 Form 1A under the heading Annexures in the item relating to Annexure F N. HAGLEY, Clerk of the Executive Council.
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