Retirement Villages (Records and Notices) Regulations 2005

i Retirement Villages (Records and Notices) Regulations 2005 S.R. No. 162/2005 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provision 1 3. Commencement provision 2 4. Definition 2 5. Procedure for dealing with management complaints 2 6. Procedure for dealing with resident disputes 2 7. Prescribed particulars of which manager must notify Director 2 __________________ SCHEDULE—Procedure for the Creation and Maintenance of a Written Record of a Management Complaint or Resident Dispute 8 ═══════════════ -- 1 of 10 -- 1 STATUTORY RULES 2005 S.R. No. 162/2005 Retirement Villages Act 1986 Retirement Villages (Records and Notices) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 13 December 2005 Responsible Minister: MARSHA THOMSON Minister for Consumer Affairs RUTH LEACH Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to— (a) provide a procedure for dealing with management complaints in retirement villages; and (b) provide a procedure for dealing with resident disputes in retirement villages; and (c) prescribe other particulars which must be included by the manager of a retirement village in a notice to the Director. 2. Authorising provision These Regulations are made under section 43 of the Retirement Villages Act 1986. -- 2 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 2 3. Commencement provision These Regulations come into operation on 30 January 2006. 4. Definition In these Regulations— "the Act" means the Retirement Villages Act 1986. 5. Procedure for dealing with management complaints For the purposes of section 38E(4) of the Act, the procedure for the creation and maintenance of a written record of a management complaint must be in accordance with the Schedule. 6. Procedure for dealing with resident disputes For the purposes of section 38F(4) of the Act, the procedure for the creation and maintenance of a written record of a resident dispute must be in accordance with the Schedule. 7. Prescribed particulars of which manager must notify Director In addition to the particulars set out in section 38L of the Act, the following particulars are prescribed for the purposes of section 38L(2)(b) of the Act— (a) whether the total number of completed units in the retirement village is— (i) 10 or less; or (ii) 11–25; or (iii) 26–50; or (iv) 51–75; or (v) 76–100; or (vi) 101–125; or (vii) 126–150; or r. 3 -- 3 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 3 (viii) 151–175; or (ix) 176–200; or (x) 201–250; or (xi) greater than 250; (b) whether the total number of units in the retirement village that are neither occupied nor promised to a future resident under a residence contract is— (i) 10 or less; or (ii) 11–25; or (iii) 26–50; or (iv) 51–75; or (v) 76–100; or (vi) 101–125; or (vii) 126–150; or (viii) 151–175; or (ix) 176–200; or (x) 201–250; or (xi) greater than 250; (c) whether the occupancy rate in the retirement village (as a percentage of the total number of units in the retirement village) is— (i) less than 50%; or (ii) between 50% and 70% inclusive; or (iii) between 71% and 85% inclusive; or (iv) between 86% and 95% inclusive; or (v) greater than 95%; r. 7 -- 4 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 4 (d) whether the number of units that are operating or intended to operate as serviced or supported residences rather than independent living units is— (i) 10 or less; or (ii) 11-25; or (iii) 26-50; or (iv) 51-75; or (v) 76-100; or (vi) 101-125; or (vii) 126-150; or (viii) 151-175; or (ix) 176-200; or (x) 201-250; or (xi) greater than 250; Note: Serviced or supported residences do not include accommodation in a residential care facility. (e) whether the retirement village is co-located with a residential care facility; (f) whether the respective percentages— (i) of residents residing in the village in a unit that they own; and (ii) of residents residing in the village pursuant to a long term lease; and (iii) of residents residing in the village pursuant to a periodic tenancy; and (iv) of residents residing in the village pursuant to a licence; and (v) of residents residing in the village pursuant to rights under a unit trust; and r. 7 -- 5 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 5 (vi) of residents residing in the village consequent upon the ownership of a share in a company are— (A) less than 50%; or (B) between 50% and 70% inclusive; or (C) between 71% and 85% inclusive; or (D) between 86% and 95% inclusive; or (E) greater than 95%; (g) a brief description of any other form of right to reside in the village at the time of giving of the notice, and whether the percentage of residents residing in the village pursuant to or consequent upon such a right is— (i) less than 50%; or (ii) between 50% and 70% inclusive; or (iii) between 71% and 85% inclusive; or (iv) between 86% and 95% inclusive; or (v) greater than 95%; (h) whether the number of residents in the retirement village is— (i) 10 or less; or (ii) 11–25; or (iii) 26–50; or (iv) 51–75; or (v) 76–100; or (vi) 101–125; or (vii) 126–150; or r. 7 -- 6 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 6 (viii) 151–175; or (ix) 176–200; or (x) 201–250; or (xi) greater than 250; (i) whether the retirement village has a residents committee; (j) if the retirement village has a residents committee, whether, in the most recent financial year, the manager (or an agent of the manager) held meetings with representatives of the committee— (i) frequently; or (ii) infrequently; or (iii) never; (k) if the retirement village has a residents committee, whether, in the most recent financial year, the manager (or an agent of the manager) corresponded with the committee— (i) frequently; or (ii) infrequently; or (iii) never; (l) whether the retirement village has a body corporate; (m) whether or not the manager owns any retirement village land that is allocated for occupation by non-owner residents; r. 7 -- 7 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 7 (n) whether the manager of the retirement village is— (i) a person or organisation with not-for- profit purposes; or (ii) a person or organisation that acts as manager with a profit making purpose; (o) whether the percentage of residents who attended the last annual meeting of residents of the retirement village (if applicable) was— (i) less than 50%; or (ii) between 50% and 70% inclusive; or (iii) between 71% and 85% inclusive; or (iv) between 86% and 95% inclusive; or (v) greater than 95%. __________________ r. 7 -- 8 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 8 SCHEDULE Regulations 5 and 6 PROCEDURE FOR THE CREATION AND MAINTENANCE OF A WRITTEN RECORD OF A MANAGEMENT COMPLAINT OR RESIDENT DISPUTE For the purposes of section 38E(4) or 38F(4) of the Act, a manager of a retirement village must— (a) establish a separate (physical or electronic) file for each management complaint and each resident dispute in the village; and (b) immediately record in the file— (i) the date of opening the file; and (ii) the name and address of the resident raising the complaint or dispute; and (iii) contact details for the resident or the resident's representative; and (iv) whether the matter was raised orally or in writing; and (v) whether the matter is a resident dispute or a management complaint; and (vi) detailed particulars of the dispute or complaint; and (c) immediately place in the file copies of any correspondence or other documentation given to the manager by the resident; and (d) as soon as practicable, place in the file a dated copy of written advice to the resident summarising the manager's understanding of the matter to be resolved, the steps the manager intends to take and the date by which the manager will advise the resident further; and Sch. -- 9 of 10 -- S.R. No. 162/2005 Retirement Villages (Records and Notices) Regulations 2005 9 (e) as soon as practicable after each subsequent occasion on which the manager advises the resident of the manager's understanding of any relevant issues to be resolved, steps the manager intends to take or has taken, or the date by which the manager will advise the resident further, place in the file a dated copy of the advice or, if the advice was not in writing, a detailed description of the advice; and (f) as soon as practicable after the relevant event, place in the file as applicable— (i) file notes of every action taken by the manager to resolve the complaint or dispute; and (ii) copies of all correspondence or other documentation received or sent by the manager in relation to the complaint or dispute; and (iii) either a copy of written notification given to the resident that the manager regards the dispute or complaint as resolved and setting out the details of its resolution or, where the manager has concluded that the dispute or complaint cannot be resolved, a copy of written notification of this to the resident, setting out the reasons and advising that the resident may contact Consumer Affairs Victoria for assistance or seek independent legal advice; and (g) retain the file for 7 years from the date the complaint or dispute is recorded. ═══════════════ Sch. -- 10 of 10 --