Retirement Villages Act 1992

administer a retirement village includes to manage or operate the retirement village;

amenity includes facility;

approved form means the form approved by the Commissioner under section 8(2);

authorised deposit‑taking institution has the meaning given in the Banking Act 1959 (Commonwealth) section 5(1);

code means any code of practice prescribed under the Fair Trading Act 2010 which relates to retirement villages;

Commissioner means the person for the time being designated as the Commissioner under section 7A;

community arrangements statement means a statement under section 14B;

Department means the department of the Public Service principally assisting in the administration of this Act;

exit entitlement means any amount of money that is, under a residence contract, payable by an operator in connection with a resident permanently vacating residential premises in a retirement village;

ingoing contribution —

judicial member has the meaning given in the State Administrative Tribunal Act 2004 section 3(1);

levy means a single amount that the residents of a retirement village are required to pay to recover an unforeseen operating expense of the retirement village not provided for in the recurrent charges;

operator, in relation to a retirement village —

owner, in relation to land under the operation of the Transfer of Land Act 1893, means a person who alone or with others is registered as the proprietor of an estate in fee simple;

permanently vacated has the meaning given in subsection (1A);

prospective resident information statement means a statement under section 14C;

recurrent charge means any amount (including rent) payable by a resident to the operator of a retirement village on a recurrent basis;

Registrar of Titles has the meaning given to that expression by the Transfer of Land Act 1893;

residence contract means a contract, agreement, scheme or arrangement which creates or gives rise to a right to occupy residential premises in a retirement village, and may take the form of a lease or licence;

residence rules means the rules with which residents of a retirement village are expected by the operator to comply, but does not include any prescribed subsidiary legislation (to which residents are subject) in force under any prescribed Act;

resident, in relation to a retirement village, means a person who has been admitted to occupation of residential premises in accordance with a retirement village scheme and includes a spouse or de facto partner of such a person who —

residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence and includes a hostel unit;

residential tenancy agreement has the same meaning as in the Residential Tenancies Act 1987;

retired person means a person who has attained the age of 55 years or retired from full‑time employment or a person who is or was the spouse or de facto partner of such a person;

retirement village means a complex of residential premises, whether or not including hostel units, and appurtenant land, occupied or intended for occupation under a retirement village scheme or used or intended to be used for or in connection with a retirement village scheme;

retirement village scheme means a scheme established for retired persons or predominantly for retired persons, under which —

but does not include any such scheme under which no person pays an ingoing contribution;

service contract means a contract between an operator or former operator of a retirement village and a resident for the provision to the resident of services and amenities in the retirement village;

special resolution means a resolution passed at a meeting of the residents of a retirement village in accordance with section 41G;

Tribunal means the State Administrative Tribunal;

working day means a day other than a Saturday, a Sunday or a public holiday.

or

[Section 3 amended: No. 57 of 1997 s. 39(10); No. 28 of 2003 s. 179; No. 55 of 2004 s. 1023; No. 28 of 2006 s. 139; No. 58 of 2010 s. 199; No. 36 of 2012 s. 4(1)-(3); No. 42 of 2024 s. 4, 32, 48(1) and 49.]