Considerations
7D Considerations
In determining whether to grant an exemption under section 7A(1), the Director must consider the following—
the reasons for the applicant seeking the exemption as set out in the application;
any submissions made under section 7F within the time specified in section 7F(2) by the residents of the retirement village that is the subject of the application;
the impact that the granting of the exemption would have for residents;
how retirement village disputes will be managed if the exemption is granted;
whether the residents of the retirement village will be disadvantaged if the retirement village is exempt from the operation of all or any of the provisions in this Act;
the fees charged by the operator of the retirement village that is the subject of the application;
whether the retirement village is owned or operated—
by a not-for-profit organisation; or
by volunteers; or
by residents; or
by a religious organisation; or
as a cooperative;
whether the retirement village or part of the retirement village occupied by residents is comprised of lots on a plan of subdivision for the village—
that are owned by a resident of the village; or
that are common property owned by an owners corporation of the village that has resident members;
whether effect will be given to the principles if the exemption is granted;
if an exemption has previously been granted in respect of a retirement village, the reasons for and the terms of that exemption;
any other prescribed criteria.
S. 7E inserted by No. 19/2025 s. 10.
This Act’s bill:Second reading speech
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