Retirement Villages Act 2016 (SA)

South Australia Retirement Villages Act 2016 An Act to regulate retirement villages and the rights of residents of such villages; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Objects 4 Interpretation 5 Application of Act Part 2—Administration Division 1—Registrar 6 Appointment of Registrar 7 Registrar's functions 8 Registrar's power to require information 9 Registrar's obligation to preserve confidentiality 10 Delegation 11 Annual report Division 2—Registration of retirement village schemes 12 Register 13 Notification of information required for register Division 3—Authorised officers 14 Appointment of authorised officers 15 Identification of authorised officers 16 General powers of authorised officers 17 Power to require information etc 18 Offence to hinder etc authorised officers 19 Self incrimination Part 3—Rights of residents Division 1—Creation and exercise of residents' rights 20 Residence contracts 21 Disclosure statements 22 Information to be provided before residence contract entered into 23 Premises condition report 24 Rights in relation to contract etc 25 Offences Division 2—Financial matters 26 Ingoing contributions 27 Exit entitlements 28 Payment of capital fund contributions deducted from exit entitlement 29 Arrangements if resident is absent or leaves 30 Arrangements if resident leaves to enter residential aged care facility 31 Certain taxes, costs and charges must not be charged to residents 32 Rights in relation to remarketing Division 3—Meetings 33 Convening meetings of residents 34 Proceedings at meetings 35 Offences relating to meetings 36 Consultation with new operator 37 Consultation about village redevelopment Division 4—Residents' committees 38 Residents' committees 39 Mandatory consultation with residents' committee in relation to annual budget Division 5—General matters 40 Interim financial reports 41 Harsh or unconscionable residence rules 42 Documents to be supplied to residents 43 Information about managers to be supplied to residents Division 6—Termination of residents' rights 44 Termination of residents' rights Division 7—Resolution of disputes 45 Dispute resolution policy 46 Application to Tribunal Part 4—Administrators, receivers and managers 47 Application for order appointing administrator 48 No application without consent 49 Terms and conditions of appointment 50 Effect of appointment 51 Expenses of administration 52 Administrator may vary residence contract 53 Revocation of appointment 54 Receivers and managers 55 No personal liability of administrator, receiver or receiver and manager Part 5—Miscellaneous 56 Endorsement of certificates of title 57 Lease of land in retirement village 58 Termination of retirement village scheme on application to Supreme Court 59 Voluntary termination of retirement village scheme 60 Certain persons not to be involved in the administration of a retirement village 61 Non-compliance may be excused by the Tribunal 62 Contract to avoid Act 63 Codes of conduct 64 Representations relating to retirement villages 65 Offences 66 Delegation 67 Service 68 Review of Act 69 Regulations Schedule 1—Proceedings before the Tribunal 1 Application of Schedule 3 Presentation of cases before Tribunal 4 Costs on referral of question of law Schedule 2—Transitional provisions Part 4—Transitional provisions 5 Exemptions 6 Registrar 7 Register 8 Authorised officers 9 Residence contracts 10 Exit entitlements 11 Surplus or deficit of accounts 12 Proceedings 13 Application of offences under section 64 14 Regulations Legislative history