Victorian Numbered Acts

RETIREMENT VILLAGES (AMENDMENT) ACT 2005 (NO 4 OF 2005) - SECT 3

See:
Act No.
126/1986.
Reprint No. 4
as at
22 November 2001.
LawToday:
www.dms.
dpc.vic.
gov.au

In section 3(1) of the Retirement Villages Act 1986 —

        (a)     insert the following definitions—

' "close associate" , in relation to a manager of a retirement village, means—

        (a)     if the manager is a natural person—

              (i)     the spouse, domestic partner, parent, child or sibling of the manager; or

              (ii)     the parent, child or sibling of the spouse or domestic partner of the manager; or

              (iii)     a body corporate of which the manager (or the manager's spouse, domestic partner, parent, child or sibling, or the parent, child or sibling of the spouse or domestic partner of the manager) is a director or secretary; and

        (b)     if the manager is a body corporate—

              (i)     a director or secretary of the body corporate or of a related body corporate (within the meaning of the Corporations Act); or

              (ii)     the spouse, domestic partner, parent, child or sibling of such a director or secretary; or

              (iii)     the parent, child or sibling of the spouse or domestic partner of such a director or secretary; or

              (iv)     a related body corporate; and

        (c)     in either case, an agent or employee of the manager;

"maintenance charge" means a recurring charge payable by a resident for the provision of goods or services by a manager;

"management complaint" means any complaint that a resident has against the manager of a retirement village about—

        (a)     the control, management or administration of the retirement village by the manager; or

        (b)     any action or failure to act by the manager that affects residents' use or enjoyment of the retirement village land; or

        (c)     the provision of services or a failure to provide services by the manager to residents of the retirement village;

"non-owner resident" , in relation to a retirement village, means a person who is a resident of the village, who does not own the land the person occupies as a private residence in the village, and "premises" , in relation to any such resident, means the land so occupied by that resident;

"owner resident" , in relation to a retirement village, means a resident of the village who owns the land that the resident occupies as a private residence in the village, and "premises" , in relation to any such resident, means the land so owned and occupied by that resident;

"personal services" , in relation to services provided by a manager of a retirement village, means those services provided by the manager that a resident of the village may choose to use but which it is not necessary that the manager provide for the purposes of the maintenance of the village;

"register" means the register kept and maintained by the Director under section 38J;

"related body corporate" has the same meaning as in the Corporations Act;

"residential care facility" means any premises—

        (a)     in which—

              (i)     a residential care service; or

              (ii)     a multi purpose service—

within the meaning of the Aged Care Act 1997 of the Commonwealth, is operated by an approved provider within the meaning of that Act; and
s. 3

        (b)     in respect of which an allocation of residential care places or flexible care places is in effect under Division 15 of that Act;

"resident dispute" means a dispute between residents in a retirement village about any action or failure to act by residents in the retirement village that affects—

        (a)     the use and enjoyment of the retirement village land by other residents in the retirement village; or

        (b)     the use of services by other residents in the retirement village, being services provided to residents in the retirement village by the manager;

"Tribunal" means the Victorian Civil and Administrative Tribunal established under the Victorian Civil and Administrative Tribunal Act 1998 .';

        (b)     the definition of "arbitrator" is repealed ;

        (c)     for the definition of "disclosure statement" substitute —

' "disclosure statement" , in relation to a retirement village, means a statement, in the prescribed form, setting out—

        (a)     the day on which the retirement village notice for the retirement village was lodged with the Registrar of Titles under Part 2; and

        (b)     particulars of any mortgage, charge or other encumbrances over the retirement village land that take priority to the rights of residents of the retirement village under this Act; and

        (c)     particulars of any agreement entered into in relation to the retirement village land relating to the priority of residence rights over earlier encumbrances over the land; and

        (d)     the day on which notification of the charge created by Part 5 over the retirement village land was given to the Registrar of Titles; and

        (e)     any other prescribed matters;';

        (d)     for the definition of "resident" substitute —

' "resident" means a retired person who lives or proposes to live in a retirement village and—

        (a)     in Part 5 (other than section 32) and in section 34 includes—

              (i)     a person who was a resident of, but has left, a retirement village; and

              (ii)     if a person, who while a resident of a retirement village, has died, the person's legal personal representative; and

        (b)     in section 32 and section 39 includes a person to whom paragraph (a) applies, if that person's entitlements under a residence contract have not yet been paid;';

        (e)     in the definition of "residence documents"—

              (i)     for paragraph (f) substitute —

    "(f)     a list, in the prescribed form, of important information that a person should consider before deciding to become a resident in a retirement village;";

              (ii)     at the end of the definition insert —

    "(h)     any other document that is prescribed for the purposes of this definition;";

        (f)     in the definition of "residence right", after "or other services provided for a retirement village" insert "(not being a service provided in a residential care facility)";

        (g)     in paragraph (a) of the definition of "retirement village", after "accommodation and services" insert "other than services that are provided in a residential care facility";

        (h)     in the definition of "retirement village land", after "a retirement village" insert ", other than any part of any such land on which a residential care facility is situated";

              (i)     for the definition of "retirement village notice" substitute —

' "retirement village notice" means a notice lodged with the Registrar of Titles under section 9(1);'.