Victorian Numbered Acts Victorian Numbered ActsAfter section 38 of the Retirement Villages Act 1986 insert —
The manager of a retirement village must not levy a charge for personal services against a person who has ceased to be a resident of a retirement village for any period that is 28 days or more after the time at which the person ceases to be such a resident.
Penalty: 60 penalty units.
(1) The liability of a former non-owner resident of premises in a retirement village for maintenance charges that arise on or after the time at which the former non-owner resident ceased to occupy the premises, ceases on—
(a) the date on which another person enters into a management contract with the manager for the premises; or
(b) the date on which a person takes up residence in the premises with the consent of the manager; or
(c) the date that is 6 months after the date on which the former non-owner resident otherwise delivers up vacant possession of the premises—
whichever date occurs first, or any earlier date that the former non-owner resident and the manager may agree on.
(2) Sub-section (1) does not apply if the contract under which the non-owner resident pays maintenance charges provides for an earlier cessation of liability for the payment of maintenance charges.
(3) In this section "former non-owner resident" , in relation to a retirement village, means a person who was a resident of the village but who has ceased to be such a resident.
(1) The manager of a retirement village must not—
(a) require a resident of the retirement village to give the manager a power of attorney in favour of the manager; or
(b) accept a power of attorney given in favour of the manager by a resident of the retirement village.
Penalty: 60 penalty units.
(2) The manager of a retirement village must not require a resident of the retirement village to give a power of attorney in favour of—
(a) a close associate of the manager; or
(b) a person nominated by the manager.
Penalty: 60 penalty units
(3) A person who—
(a) is a close associate of the manager of a retirement village; or
(b) is nominated by a manager of a retirement village to accept a power of attorney from a resident of the village—
must not accept a power of attorney given in favour of that person by a resident of the retirement village.
Penalty: 60 penalty units.
(4) A power of attorney given in favour of a manager of a retirement village (or a close associate of the manager or a person nominated by the manager) by a resident of the retirement village is void.
(5) Sub-sections (1)(b), (3) and (4) do not apply if the resident who gives the power of attorney is a relative of the manager, close associate or nominated person (as the case requires).
(6) This section does not apply to any power of attorney that is of a prescribed class of powers of attorney.
(7) This section has effect despite any term of the power of attorney.
(1) The manager of a retirement village must not—
(a) require a resident of the retirement village to appoint the manager as the proxy of the resident; or
(b) accept an appointment to act as the proxy of a resident of the retirement village.
Penalty: 60 penalty units.
(2) The manager of a retirement village must not require a resident of the retirement village to appoint—
(a) a close associate of the manager; or
(b) a person nominated by the manager—
as a proxy of the resident.
Penalty: 60 penalty units.
(3) A person who—
(a) is a close associate of the manager of a retirement village; or
(b) is nominated by the manager of a retirement village to be appointed to act as a proxy of a resident of the retirement village—
must not accept an appointment to act as a proxy of a resident of the retirement village.
Penalty: 60 penalty units.
(4) An appointment of the manager of the retirement village (or a close associate of the manager or a person nominated by the manager) as the proxy of a resident of the retirement village is void.
(5) Sub-sections (1)(b), (3) and (4) do not apply if the resident of the retirement village who makes the appointment is a relative of the manager, the close associate or nominated person (as the case requires).
(6) This section has effect despite any term of the proxy.
(1) The manager of a retirement village must set out in a document the procedure to be used by the manager in addressing management complaints and must include the following information in that document—
(a) the name of the person or persons to whom residents may give notice of management complaints; and
(b) the times and places at which notice of management complaints may be given, which must not unreasonably restrict the ability of residents to give such notices; and
(c) the process the manager is to use to consider management complaints and advise residents of the outcome of that consideration, including—
(i) the restrictions on the manager's powers under sub-section (3); and
(ii) the nature of the manager's obligation under sub-section (4); and
(d) the fact that residents may seek advice on management complaints from the Director or from the body managed by the Director, the name of the body managed by the Director from which advice may be sought and the public contact telephone number and postal address of that body.
Penalty: 60 penalty units.
(2) The manager of a retirement village must establish and maintain the procedure for dealing with management complaints that is set out in the document under sub-section (1).
Penalty: 60 penalty units.
(3) The manager of a retirement village must not set out in a document under sub-section (1) or establish or maintain a procedure—
(a) that enables the manager to take any action that is—
(i) without the consent of the person making the management complaint; or
(ii) duplicates, is inconsistent with or overrides any other law; or
(iii) duplicates, is inconsistent with or overrides the provisions of any contract between the person making the management complaint and the manager; or
(b) that requires notification of a management complaint to be in writing; or
(c) that enables a management complaint to be dealt with at the same time as the complaint is being dealt with by the residents committee; or
(d) that prevents a resident who has made a management complaint from being represented by another person when dealing with the management complaint.
(4) If, within 72 hours of being given notice of a management complaint, the manager is unable to resolve the complaint, the manager must create and maintain a written record of the complaint in accordance with the regulations.
Penalty: 60 penalty units.
(5) The manager of a retirement village must not take any action that might reasonably be regarded as—
(a) deterring a person from making a management complaint; or
(b) causing detriment to a resident because that resident or another resident has made or proposes to make a management complaint.
Penalty: 60 penalty units.
(1) The manager of a retirement village must set out in a document the procedure to be used by the manager in mediating resident disputes and must include the following information in that document—
(a) the name of the person or persons to whom residents may give notice of resident disputes; and
(b) the times and places at which notice of resident disputes may be given, which must not unreasonably restrict the ability of residents to give such notices; and
(c) the process the manager is to use to mediate resident disputes and advise residents of the outcome of that mediation, including—
(i) the restrictions on the manager's powers under sub-section (3); and
(ii) the nature of the manager's obligation under sub-section (4); and
(d) the fact that residents may seek advice from the Director on resident disputes or from the body managed by the Director, the name of the body managed by the Director from which advice may be sought and the public contact telephone number and postal address of that body.
Penalty: 60 penalty units.
(2) The manager of a retirement village must establish and maintain the procedure for dealing with resident disputes that is set out in the document under sub-section (1).
Penalty: 60 penalty units.
(3) The manager of a retirement village must not set out in a document under sub-section (1) or establish or maintain a procedure—
(a) that enables the manager to take any action that is—
(i) without the consent of a party to a resident dispute; or
(ii) duplicates, is inconsistent with or overrides any other law; or
(iii) duplicates, is inconsistent with or overrides the provisions of any contract between a party to the resident dispute and the manager; or
(b) that requires notification of a resident dispute to be in writing; or
(c) that enables a resident dispute to be dealt with at the same time as the dispute is being dealt with by the residents committee; or
(d) that prevents a resident who is a party to a resident dispute from being represented by another person when dealing with the dispute.
(4) If, within 72 hours of being given notice of a resident dispute, the manager is unable to resolve the dispute, the manager must create and maintain a written record of the dispute in accordance with the regulations.
Penalty: 60 penalty units.
(5) The manager of a retirement village must not take any action that might reasonably be regarded as—
(a) deterring a person from giving notice of a resident dispute; or
(b) causing detriment to a resident because that resident or another resident has given or proposes to give notice of a resident dispute.
Penalty: 60 penalty units.
The manager of a retirement village must ensure that all residents are—
(a) informed of the matters contained in the documents required under sections 38E and 38F; and
(b) ensure that copies of the documents required under sections 38E and 38F are readily available to all residents.
Penalty: 60 penalty units.
(1) The manager of a retirement village must keep a record of all management complaints made and resident disputes of which notice has been given in the retirement village, including records of any outcome reached and the action, if any, taken in relation to each complaint and dispute.
Penalty: 60 penalty units.
(2) The manager of a retirement village must, at the annual meeting of the residents of the village, without identifying the parties to a management complaint or resident dispute, present a report on—
(a) the number and nature of management complaints made or resident disputes of which notice has been given in the previous year; and
(b) the outcome of each complaint or dispute, including any action taken to resolve the complaint or dispute; and
(c) any changes made or proposed to be made to address issues arising out of a complaint or dispute.
Penalty: 60 penalty units.
(1) A person who is liable to make a payment to—
(a) a former resident of a retirement village on the former resident leaving the retirement village; or
(b) the estate of a former resident on the resident's death—
being a payment that is consequent on the former resident so leaving or dying, must make that payment—
(c) within 14 days after the resident so leaves or dies; or
(d) if the former resident is not entitled to recover the amount until the fulfilment of a condition of a kind to which section 26(2)(a) or (b) applies, on the day on which the payment is required to be made under that condition.
Penalty: 60 penalty units.
(2) At the same time as the payment is made, the manager of the retirement village must give the former resident a statement setting out all amounts payable to the former resident and all amounts payable by the former resident to discharge the residence contract and showing how the amounts were calculated.
Penalty: 60 penalty units.
(3) This section does not apply where the amount that is entitled to be recovered is entitled to be recovered in accordance with a condition of a kind to which section 26(2)(c) applies.
(4) In this section "former resident" , in relation to a retirement village, means a person who was a resident of the village but who has left the village or who has died.
(1) The Director must keep and maintain a register in accordance with this Part for the purpose of enabling members of the public to have access to information about the application of this Act to particular retirement villages.
(2) The Director must record in the register the following information in respect of each retirement village of which the Director has received notice under section 38L—
(a) the name of the retirement village; and
(b) the physical address of the retirement village; and
(c) the postal address of the retirement village; and
(d) if an order for an exemption has been made in relation to the retirement village under section 6, particulars of that order that are sufficient to enable that order to be identified.
A member of the public may inspect the information recorded in the register under section 38J(2).
(1) Immediately on the lodgement of a retirement village notice under section 9 of the Act, the manager of the retirement village must give a notice to the Director that sets out—
(a) the particulars that are required to enable the Director to record the information required under section 38J(2); and
(b) the particulars that are specified in sub-section (2).
Penalty: 10 penalty units.
(2) For the purposes of sub-section (1)(b), the particulars are—
(a) the name and address of the manager of the retirement village; and
(b) any other prescribed particulars.
(3) The manager of a retirement village must, within 14 days of any change in any particular, of which he or she is required to notify the Director under this Part, notify the Director of the change in that particular.
Penalty: 10 penalty units.
(4) The manager of a retirement village must, within 14 days of receiving a request from the Director—
(a) as to whether or not any change is required to the particulars specified under section 38J(2) or sub-section (2), notify the Director of any change that is required to the particulars on the register; or
(b) to confirm that the particulars that are on the register are correct, notify the Director—
(i) as to whether or not the particulars on the register are correct; or
(ii) if the particulars are not correct, notify the Director of any change that is required to the particulars.
Penalty: 10 penalty units.'.