Australian Capital Territory Numbered Regulations

RETIREMENT VILLAGES REGULATION 2013 (NO 5 OF 2013)

- made under the Retirement Villages Act 2012

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of regulation  
   2.       Commencement  
   3.      Dictionary  
   4.      Notes  
   5.      Offences against regulation—application of Criminal Code etc  

   PART 2--IMPORTANT CONCEPTS

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

   PART 3--REPRESENTATIONS AND INFORMATION ABOUT RETIREMENT VILLAGES

   7.      Disclosure statement—Act, s 24 (3) (b)  
   8.      Copies of certain documents to be  

   PART 4--VILLAGE CONTRACTS

           Division 4.1--General

   9.      Prescribed rate of interest—Act, s 41 (5) (b)  
   10.     Amount payable for legal and other  
   11.     Condition report—Act, s 59  
   12.     Renovations and alteration of fixtures and fittings—Act,  
   13.     Contents of village contracts—Act, s 66 (1)  
   14.     Prescribed rate of interest—Act, s 69 (b)  

           Division 4.2--Settling-in period for residents

   15.     Liability of former occupant if village contract ended during settling-in  
   16.     Maximum administration fee—Act, s 73 (4)  

   PART 5--GENERAL MANAGEMENT OF RETIREMENT VILLAGES

           Division 5.1--Village rules

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

           Division 5.2--Certain obligations of operators

   18.     Safety inspection report—Act, s 91 (2) (e)  

           Division 5.3--Certain rights of residents

   19.     Access to residential premises in village—Act,  
   20.     Membership of residents committee—Act, s 104 (1)  
   21.     Annual management meeting agenda—Act, s 108 (4)  
   22.     Questions at annual meeting—Act, s 110 (3) (b)  
   23.     Appointment of proxies—Act, s 116 (2)  

   PART 6--FINANCIAL MANAGEMENT

           Division 6.1--Capital maintenance and replacement

   24.     Capital item—Act, s 135 (1), def capital item, par (a)  
   25.     Works not capital maintenance—Act, s 135 (1), def capital maintenance,  
   26.     Matters not to be funded from capital works fund or recurrent charges—Act, s  
   27.      Capital works fund—Act, s 143 (4)  
   28.     Use of capital works fund amounts—Act, s 144 (1) (c)  
   29.     Minimum public liability insurance—Act, s 145 (4)  

           Division 6.2--Recurrent charges

   30.     Notice of fixed formula amendment—Act, s 149 (2) (c)  
   31.     Notice of amendment—no fixed formula and not exceeding CPI—Act, s 150 (4)  
   32.     Notice of amendment—no fixed formula and greater than CPI—Act, s 151 (4)  
   33.     Information about recurrent charges not needed to be given—Act, s 153  
   34.     Time to give information about recurrent charges—Act, s 153  

           Division 6.3--Proposed and approved annual budgets

   35.     Matters to be dealt with in proposed annual budget—Act, s 159 (4)  
   36.     Matters not to be financed by way of recurrent charges—Act, s 159 (4)  
   37.     Notice accompanying proposed annual budget—Act, s 159 (5)  
   38.     Limit on contingencies in annual budget—Act, s 164  

           Division 6.4--Annual accounts

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

           Division 6.5--Surplus or deficit of accounts

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

   PART 7--DISPUTES

           Division 7.1--Dispute resolution

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

           Division 7.2--ACAT—applications and orders

   42.     Time for making ACAT applications  
   43.     ACAT applications by residents committee  
   44.     ACAT may decide other party to application by operator  
   45.     ACAT additional orders—Act, s 181 (1) (k)  
   46.     Differential orders  

   PART 8--ENDING RESIDENCE CONTRACTS

           Division 8.1--General principles about ending residence contracts

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

           Division 8.2--Uncollected goods

   48.     Meaning of uncollected goods—div 8.2  
   49.     Disposal of perishable and certain other uncollected goods—Act, s 203 (1)  
   50.     Storage of other uncollected goods  
   51.     Claiming uncollected goods  
   52.     Disposal of uncollected goods after storage  
   53.     Records and accounting  

   PART 9--PRESCRIBED RATES OF INTEREST

   54.     Prescribed rate of interest—Act, s 213 (3)  
   55.     Prescribed rate of interest—Act, s 235 (6) (b)  
   56.     Prescribed rate of interest—Act, s 237 (3)  
   57.     Prescribed rate of interest—Act, s 238 (9) (b)  

   PART 10--PROTECTION OF INGOING CONTRIBUTIONS PAID BY RESIDENTS OTHER THAN REGISTERED INTEREST HOLDERS

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

   PART 11--CONSENT OF RESIDENTS

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

   PART 12--MISCELLANEOUS

   60.     Modification of Act—Act, s 504 (2)  
   61.     Resident—Act, dict, def resident, par (b) (ii)  

   PART 20--TRANSITIONAL
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
   DICTIONARY
   ENDNOTES