Retirement Villages Act 2016

The operator of a retirement village must give a resident at least

A resident of a retirement village is not required to pay any increase in a recurrent charge unless notice of the increase is given as required under subsection (1).

The operator of a retirement village must not increase recurrent charges payable under a residence contract by an amount that is greater than—

if the residence contract provides for the recurrent charges to be varied by specified amounts—the specified amounts; or

if the residence contract provides for the recurrent charges to be varied according to a fixed formula—the amount calculated under the fixed formula; or

in any other case—an amount that is the CPI percentage increase, unless—

a majority of the residents whose recurrent charges will be affected by the increase agree to the increase by resolution passed at a meeting of those residents; or

the increase is allowed under subsection (4);

the

For the purposes of subsection (3)(e), an increase in a recurrent charge relating to a retirement village is allowed to the extent that the charge is attributable to—

an increase in rates, taxes or charges levied under an Act in relation to the retirement village land or its use; or

an increase in the salary or wages of a person engaged in the operations of the retirement village and payable under an award, certified agreement or other industrial instrument made, approved, certified or continued in force under the Fair

an increase in insurance premiums, or insurance excesses paid, in relation to the retirement village or its use; or

subject to subsection (5), an increase in charges applying under prescribed maintenance contracts relating to the operations of the retirement village; or

an increase in the rates applying to utilities supplied to the retirement village.

Before increasing the amount included in a recurrent charge that applies under a prescribed maintenance contract, the operator must consider whether there is a more cost‑effective alternative to the maintenance service.

The

order that the proposed variation is to take effect, with or without modification; or

order that the proposed variation is not to take effect.

An operator may only apply to the Tribunal under subsection (6) if a meeting of the residents whose recurrent charges will be affected by the increase has been convened and the residents resolved to not agree to the increase in the recurrent charges.

In determining an application made under this section, the Tribunal may have regard to the following:

the level and cost of services and facilities provided for in the proposed annual budget;

any proposed variations (including additions) to those services and facilities, being variations to which the residents have agreed;

the cost of general services required to be provided by the operator;

the frequency and amount of past variations of the recurrent charges;

any other relevant matter.

For the purposes of this section, the CPI percentage increase, in relation to a proposed increase in a recurrent charge under a residence contract, is the increase (rounded to the nearest dollar) that would result from the recurrent charge being increased in proportion to the difference between—

the

the corresponding CPI published 12 months before the Consumer Price

In this section—

security infrastructure and systems; or

lift infrastructure and systems; or

waste management infrastructure and systems; or

any other infrastructure or system of a kind prescribed by the regulations.