Retirement Villages Act 1986

In this Division—

means works carried out for the purpose of repairing or maintaining an item of capital and includes works prescribed as being capital maintenance; and

does not include works that are prescribed as not being capital maintenance;

means—

a building or structure in a retirement village; or

plant, machinery or equipment used in the operation of a retirement village; or

a part of the infrastructure of a retirement village; or

any other thing that is prescribed for the purposes of this subparagraph; and

does not include a thing that is prescribed for the purposes of this paragraph.

In this Division, an item of capital for which the operator of a retirement village is responsible means any item of capital within the retirement village other than an item of capital—

that is owned by a resident of the retirement village; or

that is in or on common property in relation to the retirement village land; or

that is of a prescribed class.

For the purposes of this Division, maintenance or replacement of an item of capital is urgent if it is for the purpose of rectifying any of the following—

a burst water service;

a blocked or broken lavatory service;

a serious roof leak;

a gas leak;

a dangerous electrical fault;

flooding or serious flood damage;

serious storm or fire damage;

a failure or breakdown of the gas, electricity or water supply to premises within the retirement village;

a failure or breakdown of any essential service on the premises for hot water, cooking, heating or laundering;

any fault or damage that causes the retirement village to be unsafe or insecure;

any other prescribed matter.