Authorised Version
Retirement Villages Amendment (Information
Disclosure) Act 2013
No. 2 of 2013
TABLE OF PROVISIONS
Section
1 2 3 4 5 6 7 8 9 Purpose
Commencement
Definitions
New sections 18A and 18B inserted
18A Provision of factsheet
18B Inspection of documents relating to retirement village
Resident to be given certain documents
Resident to be given certain information
Refund of in-going contribution
Regulations
Repeal of amending Act
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Page
1 2 2 2 2 4 5 6 6 6 6 7 Authorised by the Chief Parliamentary Counsel
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Authorised Version
Victoria
Retirement Villages Amendment
(Information Disclosure) Act 2013†
No. 2 of 2013
[Assented to 12 February 2013]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Retirement Villages Act 1986 to require the
owner or manager of a retirement village to
provide a summary of information relating to the
retirement village and to make certain documents
available for inspection to prospective residents of
retirement villages.
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Retirement Villages Amendment (Information Disclosure) Act 2013
No. 2 of 2013
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2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 March 2014, it comes into
operation on that day.
3 Definitions
See:
Act No.
126/1986.
Reprint No. 6
as at
11 June 2009
and
amending
Act Nos
1/2010,
13/2010,
63/2010,
72/2010 and
21/2012.
LawToday:
www.
legislation.
vic.gov.au
In section 3(1) of the Retirement Villages Act
1986—
(a) in the definition of disclosure statement for
"prescribed form" substitute "form approved
by the Director";
(b) insert the following definition—
"factsheet, in relation to a retirement village,
means a summary of information
relating to the retirement village
prepared in accordance with
section 18A(5);".
4 New sections 18A and 18B inserted
After section 18 of the Retirement Villages Act
1986 insert—
"18A Provision of factsheet
(1) A retired person, or a person acting on behalf
of a retired person, may make a request to
the owner or manager of a retirement village,
or to an agent of the owner or manager, for
the factsheet relating to the retirement
village.
(2) Subject to subsection (6), if the owner or
manager of a retirement village, or his or her
agent, receives a request under subsection
(1), the owner or manager, as the case may
be, must provide to the person who made the
request a copy of the factsheet, free of
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charge, not later than 7 days after the request
is made.
Penalty: 120 penalty units.
(3) Subsection (2) applies regardless of whether
the request under subsection (1) is made
orally or in writing.
(4) Subject to subsection (6), if the owner or
manager of a retirement village, or his or her
agent, gives or sends targeted promotional
material to a retired person, or to a person
acting on behalf of a retired person, the
owner or manager, as the case may be, must
ensure that a copy of the factsheet relating to
the retirement village is included with the
material.
Penalty: 50 penalty units.
(5) The factsheet relating to a retirement village
must—
(a) be in the form approved by the
Director; and
(b) contain the prescribed information; and
(c) present in a clear, concise and effective
manner that information, including any
information included as an attachment.
(6) The owner or manager of a retirement village
is not required to provide a copy of the
factsheet in response to a request under
subsection (1) or include a copy of the
factsheet with the targeted promotional
material referred to in subsection (4) if—
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(a) the retired person, or a person acting on
behalf of the retired person, has
previously been provided with a copy
of the factsheet; and
(b) the information in the factsheet has not
changed in a material particular since it
was provided.
(7) In this section—
targeted promotional material means
material given or addressed personally
to a retired person, or to a person acting
on behalf of a retired person, that is
intended to promote a particular
retirement village as a place in which to
live but does not include marketing
material distributed generally in a
mail-out or letter-box drop.
18B Inspection of documents relating to
retirement village
(1) A retired person, or a person acting on behalf
of a retired person, may make a request to
the owner or manager of a retirement village,
or to an agent of the owner or manager, to
inspect one or more prescribed documents
relating to the retirement village.
(2) Subject to subsection (4), if the owner or
manager of a retirement village, or his or her
agent, receives a request under
subsection (1), the owner or manager, as the
case may be, must make any of the requested
documents that are in his or her possession
or control available for inspection, free of
charge, not later than 7 days after the request
is made.
Penalty: 120 penalty units.
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(3) Subsection (2) applies regardless of whether
the request under subsection (1) is made
orally or in writing.
(4) The owner or manager of a retirement village
is not required to make a document available
for inspection if—
(a) the retired person, or a person acting on
behalf of the retired person, has
previously inspected the document; and
(b) the document has not changed in a
material particular since that
inspection.".
5 Resident to be given certain documents
(1) In section 19(2) of the Retirement Villages Act
1986, after paragraph (c) insert—
"(ca) subject to subsection (3), a copy of the
factsheet relating to the retirement village;".
(2) After section 19(2) of the Retirement Villages
Act 1986 insert—
"(3) The manager of the retirement village is not
required to provide a copy of the factsheet to
the resident if—
(a) the retired person, or a person acting on
behalf of the retired person, has
previously been provided with a copy
of the factsheet; and
(b) the information in the factsheet has not
changed in a material particular since it
was provided.
(4) At least 21 days before a resident enters into
any management contract with the manager
of a retirement village, if the resident has not
previously inspected any of the documents
relating to the retirement village prescribed
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for the purposes of section 18B(1), the
manager must advise the resident that he or
she has a right to do so.
Penalty: 200 penalty units.".
6 Resident to be given certain information
In section 20(1) of the Retirement Villages Act
1986 after "disclosure statement" insert
", a factsheet or a document relating to the
retirement village prescribed for the purposes of
section 18B(1)".
7 Refund of in-going contribution
In section 26(2)(b)(i) of the Retirement Villages
Act 1986 for "that is the equivalent" substitute
"that is at least the equivalent".
8 Regulations
In section 43(1) of the Retirement Villages Act
1986, after paragraph (c) insert—
"(ca) prescribing the information that must be
contained in a factsheet;
(cb) prescribing documents for the purposes of
section 18B(1);".
9 Repeal of amending Act
This Act is repealed on 1 March 2015.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 24 October 2012
Legislative Council: 13 December 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Retirement Villages Act 1986 in relation to the information to be
provided or made available to prospective residents of retirement villages
and for other purposes."
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