Retirement Villages Act 2016

Subject to subsection (2), if—

there is a residents' committee in relation to a retirement village; and

the committee has provided the operator with the information referred to in section 38(7), the operator must, before any annual meeting is held, convene at least 2 meetings with the members of the residents' committee to discuss the matters set out in section 33(6)(a).

However, the meetings, or either 1 of the meetings, required by subsection (1) need not be convened if the residents' committee has advised the operator, in writing, that it does not require the meetings or meeting (as the case may be) to be held.

A meeting required under this section will be convened by sending to each member of the residents' committee, at least 10 business days before the date of the meeting, a written notice setting out the time, place and business agenda of the meeting.

The business agenda of a meeting must include a summary of the matters set out in section 33(6)(a) to be discussed at the meeting and be accompanied by the statements and information on which the summary is based (and for that purpose it does not matter whether or not those statements and information are in their final audited form).

A meeting under this section must be chaired by the operator or by a representative of the operator who is authorised to speak on behalf of the operator and to give responses to questions put at the meeting in accordance with the requirements of this section.

The operator must ensure that—

members of the residents' committee have a reasonable opportunity to put questions to the operator or its representative at a meeting under this section; and

questions asked at a meeting under this section are answered—

if possible—in reasonable detail at the relevant meeting; or

to the extent that compliance with subparagraph (i) is not possible—before the holding of the annual meeting, either at a subsequent meeting under this section or by the presentation of detailed written answers.

Nothing in this section requires an operator, or the representative of an operator, to answer an unreasonable question.

If an annual meeting is held without compliance by the operator with this section, the operator is guilty of an offence.