Retirement Villages Act 1999 (NSW)

Retirement Villages Act 1999 No 81

An Act to set out particular rights and obligations of residents and operators of retirement villages; to establish mechanisms for the resolution of certain disputes between residents and operators of retirement villages; to repeal the Retirement Villages Act 1989; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Retirement Villages Act 1999.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation, except as provided by this section. (2) Clause 14 of Schedule 4 commences on the date of assent to this Act.

3 Objects of Act The objects of this Act are— (a) to set out particular rights and obligations of residents and operators of retirement villages, and (b) to facilitate the disclosure of information to prospective residents of retirement villages, and (c) to require contracts between residents and operators of retirement villages to contain full details of the rights and obligations of the parties, and (d) to facilitate resident input, where desired by residents, into the management of retirement villages, and (e) to establish appropriate mechanisms for the resolution of certain disputes between residents and operators of retirement villages, and (f) to encourage the retirement village industry to adopt best practice management standards.

4 Definitions (1) In this Act— accounts of a retirement village means the accounts referred to in Division 6 of Part 7. annual management meeting means the meeting referred to in section 72A. approved annual budget means a budget taken to be an approved annual budget under section 116. association and association property have the same meanings as they have in the Community Land Management Act 2021. business day means a day that is not— (a) a Saturday or Sunday, or (b) a public holiday or bank holiday throughout the State. capital maintenance means works carried out for the purpose of repairing or maintaining an item of capital and includes works prescribed by the regulations as being capital maintenance, but does not include works that are prescribed by the regulations as not being capital maintenance. capital replacement means works carried out for the purpose of replacing an item of capital, but does not include capital maintenance. capital works fund means a fund established under section 99. close associate of an operator of a retirement village means— (a) if the operator is a natural person— (i) the spouse, de facto partner, parent, child or sibling of the operator, or (ii) the parent, child or sibling by marriage of the operator, or (iii) a body corporate of which the operator (or the operator's spouse, de facto partner, parent, child or sibling, or the operator's parent, child or sibling by marriage) is a director or secretary, and (b) if the operator is a body corporate— (i) a director or secretary of the body corporate or of a related body corporate (within the meaning of the Corporations Act 2001 of the Commonwealth), or (ii) the spouse, de facto partner, parent, child or sibling (or the parent, child or sibling by marriage) of such a director or secretary, or (iii) a related body corporate, and (c) in either case—an agent or employee of the operator.