South Australian Numbered Acts

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RETIREMENT VILLAGES ACT 2016 (NO 50 OF 2016) - SECT 38

38—Residents' committees

        (1)         The residents of a retirement village may elect a residents' committee.

        (2)         The function of a residents' committee is to consult with the operator of the retirement village, or a representative of the operator, in relation to matters of interest to residents and to represent the interests of the residents.

        (3)         Only 1 residents' committee may be established in a retirement village and only a resident of the retirement village may be a member of such a committee.

        (4)         If more than 1 body or committee (regardless of its name) purports to be the residents' committee in a particular retirement village, the operator or a resident of the village may apply to the Tribunal for (and the Tribunal may make) an order determining which body or committee (if any) is the residents' committee for the village.

        (5)         Each member of a residents' committee will hold office for 1 year from election but is eligible for re-election.

        (6)         A member may be removed from office by a special resolution at a meeting of the residents.

        (7)         The members of a residents' committee must ensure that the operator is provided with sufficient information about the membership of the committee and the manner in which the operator may contact members of the committee (or a representative or representatives of the committee).

        (8)         If subsection (7)

is not complied with, each member of the residents' committee is guilty of an offence.

Maximum penalty: $1 500.

Expiation fee: $105.

        (9)         Subject to the regulations, a residents' committee may—

            (a)         determine its own procedure; and

            (b)         appoint sub-committees and determine their procedures.

        (10)         An operator must not—

            (a)         discourage or prevent the appointment of a committee under this section; or

            (b)         obstruct a committee in the performance of its functions.

Maximum penalty: $2 500.

        (11)         If a residents' committee reasonably requests a meeting with the operator by written notice setting out the time, place and business agenda of the meeting, the operator must attend the meeting (or ensure that a representative of the operator authorised to speak on behalf of the operator attends the meeting).

Maximum penalty: $2 500.

        (12)         If an operator reasonably requests a meeting with the members of a residents' committee (or a representative or representatives of a residents' committee) by written notice setting out the time, place and business agenda of the meeting, the members of the residents' committee (or a representative or representatives of the residents' committee) must attend the meeting.

        (13)         If a contravention of subsection (12)

occurs, each member of the residents' committee who is in default is guilty of an offence.

Maximum penalty: $2 500.

        (14)         A member of a residents' committee incurs no civil liability for an act or omission in good faith in the exercise of functions under this section.

        (15)         The regulations may make provision for or with respect to the election, functions and procedure of residents' committees and sub-committees including, without limitation—

            (a)         imposing requirements in relation to the holding of meetings of residents under Division 3

for purposes relating to a residents' committee; and

            (b)         prescribing model rules that may be adopted by a residents' committee; and

            (c)         imposing requirements in relation to record keeping, audit or other matters relating to a residents' committee.



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