Object or Purpose of this legislative Instrument:
The main objects of this Act are as follows:
- to declare particular rights and obligations of residents and scheme operators;
- to promote fair trading practices in operating retirement villages and in supplying services to residents;
- to facilitate the disclosure of information to prospective residents of a retirement village to ensure the rights and obligations of the village residents and scheme operator may be easily understood;
- to encourage the continued growth and viability of the retirement village industry in the State;
- to encourage the adoption of best practice standards by the retirement village industry;
- to provide a clear regulatory framework to ensure certainty for the retirement village industry in planning for future expansion;
- to facilitate participation by residents, who want to be involved, in the affairs of retirement villages;
- to provide processes for resolving disputes between residents and scheme operators.
Scope of this legislative Instrument:
The Act requires retirement village schemes to be registered villages and regulates the operation of such schemes.
The Act prohibits certain persons from promoting, selling or managing retirement villages.
A public register of retirement villages is available by contacting the Residential Services Unit at email@example.com or by telephone 3008 5824.
The following Subordinate Legislation should be examined:
- Retirement Villages Regulation 2000
An obligation defined in law. A business must comply with relevant services.
Definition of terms
- Residence contract
a residence contract is one or more written contracts, other than an excluded contract, about residence in a retirement village entered into between a person and the scheme operator. A residence contract includes any other contract (an "ancillary contract") between the person and the scheme operator if the ancillary contract is dependent on, or arises out of, the making of the residence contract or another ancillary contract. Without limiting the interests that a residence contract may be based on, a residence contract may be based on, a freehold interest in an accommodation unit. To be a residence contract, a contract must either: purport to give a person, or give rise to a person having an exclusive right to reside in an accommodation unit in the retirement village; or provide for, or give rise to, obligations on a person in relation to the person''s or someone else''s residence in the retirement village; and purport to give a person, or give rise to a person having a right, in common with other residents in the retirement village, to use and enjoy the retirement village''s communal facilities; and contain or incorporate a service agreement, or an agreement to enter into a service agreement, that includes a copy of the service agreement; and if the contract includes an ancillary agreement that is not signed contemporaneously with the contract, an agreement to enter into the ancillary agreement that includes a copy of the ancillary agreement; and restrict the way in which, or the persons to whom, the right to reside in the village may be disposed of during the resident''s lifetime or if the lifetime is based on a freehold interest in an accommodation unit the resident''s interest may be disposed of during the resident''s lifetime.
- Retirement village
premises where older members of the community or retired persons reside, or are to reside, in independent living units or serviced units, under a retirement village scheme. Note: Premises does not include a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003.
- Retirement village scheme
a scheme under which a person enters into a residence contract; and in consideration for paying an ongoing contribution under the residence contract, acquires personally or for someone else, a right to reside in a retirement village, however the right accrues; and on payment of the relevant charge, acquires personally or for someone else, a right to receive one or more services in relation to the retirement village.
Compliance Mechanisms and Penalties:
The courts may impose fines for breaches of the Act.
The Queensland Civil and Administrative Tribunal may make orders in relation to disputes between residents and operators of retirement villages.
Department of Housing and Public Works
Office of the Registrar
Residential Services Unit
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