Retirement Villages Act 2012

The operator of a retirement village must propose a change in the services and facilities provided at the village if either of the following requests the operator in writing to do so:

a minimum of 5 residents, or 10% of the residents, (whichever is the greater) of the village (or, if the village has fewer than 10 occupied residential premises, residents from a majority of the occupied residential premises); or

the residents committee for the village.

The operator may propose a change in the services and facilities provided at the village even if there has been no request under subsection (1).

The services and facilities provided at the village are not to be changed as proposed unless the residents of the village, by a special resolution, consent to the change.

An operator who receives a request under subsection (1) must call a meeting of the residents of the village, to be held not later than 28 days after the day the request is received, to consider a special resolution about the proposed change.

A resident is not entitled to vote on the special resolution unless the proposed service or facility is (or is proposed to be) available to the resident.

If consent is given, the operator may change the service or facility in accordance with the consent as soon as practicable (unless the resolution provides that the change takes effect on a stated later day).

Despite the terms of a village contract, the operator does not breach the contract by changing services or facilities.

If the operator considers that a proposed change in services or facilities will impose a cost on the operator additional to that allowed for in the approved annual budget, the operator must seek the residents’ consent to an amendment of the approved annual budget.

Div 7.4 provides for proposed and approved annual budgets. Section 167 allows an operator to seek the residents’ consent to an amendment of the approved annual budget if unforeseen requirements for expenditure arise.

Section 163 (ACAT orders—decisions about spending) does not apply in relation to a consent sought under this section.

If the residents refuse to consent to the amendment, section 85 (4) to (6) (Operator’s concern that amendment will impose additional cost) applies to the refusal in the same way that it applies to a refusal under that section.

In this section:

a reduction in the service or facility;

the withdrawal of the service or facility;

an increase in the service or facility;

any other change in the service or facility;

the provision of a new service or facility.