Retirement Villages Act 2012

The residents of a retirement village may consent to the establishment of a residents committee for the village.

The residents committee for a retirement village—

if the retirement village is subject to a units plan—is the executive committee of the owners corporation for the units plan; or

in any other case—must be elected by the residents.

Only 1 residents committee may be established for a retirement village.

Only a resident of a retirement village may be a member of the residents committee for the village.

If more than 1 entity (regardless of its name) purports to be the residents committee for a retirement village, the operator or a resident of the village may apply to the ACAT for an order deciding which entity (if any) is the residents committee for the village.

A residents committee may, subject to a regulation—

decide its own procedure; and

form 1 or more subcommittees and decide their procedure; and

call meetings of all the residents of the village to consider and vote on matters mentioned in section 112 (1) (Meetings of residents).

The operator of a retirement village commits an offence if the operator—

discourages or prevents the establishment of a residents committee; or

obstructs a residents committee in the exercise of its functions; or

attempts to prevent residents from joining an organisation for residents of retirement villages.

An offence against subsection (7) is a strict liability offence.

The operator must provide reasonable administrative assistance to the residents committee on request by the committee, but only if an estimate of the cost of providing the assistance has been included in the approved annual budget for the financial year in which the assistance is requested.

Nothing in this section prevents the residents from establishing other committees of residents for other purposes.

In this section: