Section 31D — Director may intervene — Retirement Villages Act 1986 (Victoria) — Barrister AI

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Section 31D — Director may intervene — Retirement Villages Act 1986 (Victoria) — Barrister AI

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The text here is as at 7 Jun 2026. Checked against the Victorian Legislation on 4 Nov 2026: a newer compilation, as at 1 May 2026, has been registered and is not yet held here.Read the current compilation on the official source →

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s 1Purposes s 1APrinciples s 2Commencement s 3Definitions s 3AMeaning of entry payment s 3BMeaning of capital gain and capital loss s 3CMeaning of maintenance charge s 3DMeaning of exit entitlement s 3EMeaning of management dispute s 3EAInterpretation of vacant possession and permanently vacating s 3FNon-application of Parts 3 and 3A to owner residents s 4Act to apply to existing and new retirement villages s 5Act not to apply to certain retirement villages s 6Persons who may live in a retirement village s 6ARights of persons living in a retirement village with a resident s 7Contracting out s 7AExemptions s 7BForm and content of exemptions s 7CExemption period s 7DConsiderations s 7EExemption must be published s 7FSubmissions by residents s 7GReview of exemption granted s 7HOutcome of review s 7IOffence to contravene conditions of an exemption s 7JApplication s 7KDirector may request additional information from applicant s 7LApplicant must serve written notice on residents s 8Offence to operate retirement village unless notice lodged s 9Owner to lodge retirement village notice s 11Retirement village notice to be noted on title s 11ARequirement to notify Director s 11BOperator to give annual notice as to register information s 13Right to occupy premises s 14Enforcement of right to occupy premises s 15Residential Tenancies Act 1997 not to apply s 16Definitions s 16ATermination considerations and effect of termination s 16BEffect of termination s 16CBreach notice s 16DNotice of termination of contract for breach s 16EContents of notice of termination of contract for breach s 16FVCAT order as to dispute regarding section 16C or 16D s 16GApplications for orders under section 16F s 16HPower to terminate residence contract for health and safety reasons s 16IApplication for approval to terminate s 16JService of notice of application for approval on certain persons s 16KDecision of VCAT on application for approval s 16MNotice of termination on health and safety grounds s 16NDivision to apply irrespective of residence contract s 16OConsequences of termination notice s 17Information statements s 18Contents of information statement s 19Form, content and certification of information statement s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 20Publication of information statement s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 21Obligation to update information statement s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 22Provision of information statement s 23Inspection of residence documents s 24Resident to be given certain documents s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 25Offences relating to giving information s 300penalty units for a body corporate.s 26Effect of contravention of this Division s 26AInspection of documents s 26BOffences for contracts that are not in the prescribed form s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 26COffence to fail to give copy of residence contract to resident s 300penalty units for a body corporate.s 26DOffences for contracts that include prohibited terms s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 26EAdditional provisions in contracts s 26FRequirements for exit entitlement provisions and capital gain or capital loss provisions s 26GContractual requirements for settling in period s 26HWhen does settling in period not apply?s 26ISale of owner resident premises conditional on operator entering into management contract s 26JContracting out prohibited s 26KContract checks s 26LInformation that must be given to an owner resident in a contract check s 300penalty units for a body corporate.s 26MInformation that must be given to a non-owner resident in a contract check s 300penalty units for a body corporate.s 26NOperator to provide yearly contract check s 300penalty units for a body corporate.s 26OContract check on application by resident s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 26PRestrictions on charges for contract checks s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 26QProcesses relating to contract check meetings s 26RDefinition s 26SApplication to deposit money s 26TAgent for contracting party to hold entry payments as stakeholder s 300penalty units for a body corporate.s 26URequirements for entry payment received by contracting party s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 26VDeficiency in amount of entry payment s 26WWrongful conversion and false accounts s 2000penalty units, for a body corporate.s 2000penalty units, for a body corporate.s 2000penalty units, for a body corporate.s 2000penalty units, for a body corporate.s 2000penalty units, for a body corporate.s 2000penalty units, for a body corporate.s 26XCooling-off period s 26YDeferred management fee s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 27AADefinition s 27This Part not to apply to residents with freehold title s 28Application of Part s 29Creation of charges s 30Refunds s 31Application for enforcement of charge s 31AOrder enforcing charge s 31BPowers of appointed person s 31CApplication of the proceeds of the sale s 31DDirector may intervene s 32Extinguishment of charge s 32AOptions s 32BSale of premises s 32COperator not to interfere in sale s 300penalty units for a body corporate.s 32DCosts of sale s 32EPurchaser and operator to enter into contract s 32FApplication by lot owner resident to VCAT s 32GVCAT's determinations on application of operator or lot owner resident s 32HInterpretation s 32ITiming for payment of exit entitlement on delivering up vacant possession s 300penalty units for a body corporate.s 32JPayment statement to be given to vacating resident s 32KAppointment of valuer to determine value of premises s 32LRequirements for valuation s 32MCost of valuation s 32NVCAT order for failure to pay exit entitlement s 32OVCAT order as to amount of exit entitlement for certain claims s 32PVCAT order for extension of time for person to pay exit entitlement s 32QObligation to make aged care payments for vacating non-owner residents s 300penalty units for a body corporate.s 32RObligation to make alternative accommodation payments for vacating residents s 300penalty units for a body corporate.s 32SRequest for aged care payments to be paid s 32TRequest for alternative accommodation payments to be paid s 32UTime at which first aged care payment must be made s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 32VTime at which first alternative accommodation payment must be made s 300penalty units for a body corporate.s 300penalty units for a body corporate.s 32WCessation of requirement to make payment s 32XVCAT order as to certain payments under this Part s 32YApplication for VCAT order as to certain payments under this Part s 33Who may convene a meeting of residents?s 33AMeeting of residents must not be convened in certain circumstances unless technology used s 33BNotice of meeting of residents must be given s 33CNotice of meeting—meetings to be conducted using technology s 33DNotice of meeting—special resolution about maintenance charge s 33ENotice of meeting—special resolution about variation of services or facilities s 33FRights of residents to attend and vote at meeting of residents s 33GUse of technology at meetings of residents s 33HQuorum for meeting of residents s 33IOrdinary resolutions s 33JSpecial resolutions s 33KDetermining whether resolution passed s 33LWho chairs meetings of residents?s 33MMinutes s 33NProxies s 33ORevocation of a proxy s 33PPerson must not require or demand that a resident give authorisation to vote under proxy s 33QAnnual meeting s 34Proceedings at annual meetings s 34AAudits of financial statements s 36Residents committee s 36AModel rules for residents committees s 36BOperators and proprietors must not attend residents committee meetings unless invited s 36CResident's right to act through another person at residents committee meetings s 37By-laws s 37ADefinitions s 37BWhen a non-owner resident may modify fixtures and fittings s 37CConsent of operator to modification of fixtures and fittings s 37DObligation to leave premises in same condition s 37EReinstatement notice and works s 37FReinstatement disagreement notice s 37GReinstatement works by retirement village operator s 37HPayment for renovations upon vacating premises s 37IWhen renovations must be completed by s 37JCondition report s 37KAmendment of inaccurate or incomplete condition report s 37LCondition report is evidence of state of repair s 38Increases in maintenance charges s 2Residents must be given notice of a meeting at which a special resolution is to be moved at least 21 days before the meeting—see section 33B(1).s 38AAFormula for calculation of adjusted maintenance charge s 38ACertain residents not liable for maintenance charges s 120penalty units for a body corporate.s 120penalty units for a body corporate.s 38BMaintenance charge notice s 38BAReceipt for payment of maintenance charge s 38BBAbatement of maintenance charges s 38BCCharges for optional services s 120penalty units for a body corporate.s 120penalty units for a body corporate.s 38BDDefinitions s 38BEAny surplus in accounts to be carried over s 38BFMaking good of deficit s 38BGInterpretation s 38BHObligations of operator s 38BIObligations of residents in respect of capital maintenance and replacement s 38BJResident may carry out urgent capital maintenance or replacement s 38BKFunding of certain capital maintenance and capital replacement s 38BLCapital maintenance fund s 38BMExtraordinary payments from maintenance fund s 38BNCapital maintenance plan s 38BOWhen a capital maintenance fund and capital maintenance plan is not required s 38BPDefinitions s 38BQNo variation of services or facilities without special resolution at meeting of residents s 38BRWhen variation of services or facilities to be proposed s 38BSProposal of variation made by convening meeting of residents to consider special resolution s 3If the special resolution is for a variation of a service or facility, the notice of the meeting must contain certain information—see section 33E.s 38BTVariation of services or facilities s 38BUOperator not to reduce or withdraw certain services and facilities s 38COperator not to demand power of attorney s 38DOperator not to demand appointment as proxy s 38EEmergency plan for retirement village s 38FSafety inspections s 38GAnnual emergency evacuation exercises and key safety information display s 38HAccess for emergency and home care services s 38JObligation to keep register s 38JAPublication of the register s 38KInspection of the register s 38MProcedure for dealing with village disputes s 38NVillage dispute procedure must be set out in a document s 38ORequirements for village dispute procedure s 38PGiving of notice of village dispute s 38QMethod of giving notice of dispute s 38RNotice of village dispute to be recorded s 38SException to offence under section 38R s 38TResident may seek advice of Director s 38UOffence to take action against person giving notice of a village dispute s 38VRequirement for village dispute to be recorded if not settled within 72 hours s 38WVillage dispute procedure must be given to residents on request s 38XOperator must publish village dispute procedure on Internet site s 300penalty units for a body corporate.s 38YNomination of contact persons s 38ZExemption from nominating alternative contact person s 38ZARecording and reporting requirements s 38ZBRecording and reporting requirements to Director s 38ZCUse and disclosure of information s 300penalty units for a body corporate.s 38ZDFunctions of Secretary s 38ZEPowers of Secretary regarding conciliation scheme s 38ZFDelegation by Secretary s 38ZGApplication for dispute to be conciliated s 38ZHReferral of dispute for conciliation s 38ZIAssessment of suitability for conciliation s 38ZJConsiderations for making assessment of suitability s 38ZKPowers of Secretary in making assessment s 38ZLWithdrawal of matter s 38ZMWhere more than one matter in an application s 38ZNPower to conciliate disputes s 38ZOSecretary may make inquiries and may require information s 38ZPDisclosure of information given under section 38ZO s 38ZQSecretary may conduct conciliation conference s 38ZRNotice of conciliation conference s 38ZSContent of conciliation conference notice s 38ZTEffect of failing to participate in a conciliation conference s 38ZUCertificate that matter not resolved s 38ZVContent of no resolution certificate and related matters s 38ZWAmendment of no resolution certificate s 38ZXIssuing of recorded agreement s 38ZYContent of recorded agreement and related matters s 38ZZNotice of alleged failure to comply with terms of recorded agreement s 38ZZASecretary's powers in relation to notice under section 38ZZ s 38ZZBSecretary to record agreed amendments to agreement s 38ZZCTermination of recorded agreement if no further agreement reached s 38ZZDAmendment of recorded agreement on motion of Secretary s 38ZZESubmission on proposed amendment s 38ZZFRe-opening a conciliation s 38ZZGUse and disclosure of information given during course of conciliation s 38ZZHInformation that the Secretary may give to the Director s 38ZZILiability to make annual retirement village payment s 39Cancellation of retirement village notices s 40Application of Australian Consumer Law and Fair Trading Act 2012 s 41Who may bring proceedings for offences?s 41AACertain persons not to be involved in management of retirement villages s 41AOffence to supply false or misleading information s 42Consequences of rescission s 42AAService of notice of rescission s 42ACertain contractual provisions relating to arbitration void s 42BInfringement notices s 42CApplication of this Act to partnerships and unincorporated bodies s 42DGiving or service of documents s 42EVCAT may have regard to Codes of Practice prescribed by the regulations s 42FReview of Act s 43Regulations s 44Regulation making powers for Codes of Practice s 44ARegulation making powers for regulations preserved under section 75 s 44BGeneral powers for regulations s 45Definitions s 46Transitional provision—residential care facilities—2005 Amendment Act s 47Transitional provision—Extinguishment of charge relating to residential care facilities—2005 Amendment Act s 48Transitional provision—Cancellation of notices relating to residential care facilities—2005 Amendment Act s 49Transitional provision—contracts—2005 Amendment Act s 50Transitional provision—appointment of agents—2005 Amendment Act s 51Transitional provision—powers of attorney—2005 Amendment Act s 52Transitional provision—payments to owner residents—2005 Amendment Act s 53Transitional provision—registration of retirement villages—2005 Amendment Act s 54Transitional provision—contractual provisions relating to arbitration—2005 Amendment Act s 55Transitional provision—Consumer Legislation Amendment Act 2020 s 56Definitions s 57General transitional provision s 58Transitional provision—Non-retired persons living in a retirement village s 59Transitional provision—Exemptions declared before the commencement of section 9 of the Retirement Villages Amendment Act 2025 s 60Transitional provision—Certain amendments to Part 3 to apply to applicable residence rights and applicable residence contracts s 61Transitional provision—Application of Part 4 of old Act s 62Transitional provision—Requirement to notify Director s 63Transitional provision—Publication of information statement s 64Transitional provision—Contract checks s 65Transitional provision—Charges s 66Transitional provision—Divisions 2, 3 and 4 of Part 5B s 67Transitional provision—Application of Divisions 5 and 6 of Part 5B s 68Transitional provision—By-laws s 69Transitional provision—Modification and reinstatement s 70Transitional provision—Accounts s 71Transitional provision—Maintenance charges s 72Transitional provision—Charges for optional services s 73Transitional provision—Payments to former residents s 74Regulations dealing with transitional matters s 75Regulations continue in force despite substitution of authorising provision

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31D

Director may intervene

Current

31D Director may intervene

The Director may intervene in a proceeding on an application under section 31(a) and may appear personally or by representative.

This Act’s bill:Second reading speech

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