Victorian Numbered Regulations Victorian Numbered RegulationsPart A
PRESCRIBED TERMS FOR RESIDENCE CONTRACTS
Primacy of the Retirement Villages Act 1986 and regulations
This contract must comply with the Retirement Villages Act 1986 , the regulations made under that Act and any other applicable legislation, and is void to the extent of its inconsistency with that Act, those regulations and other applicable legislation, including any inconsistency with these prescribed terms.
Basic obligations of the owner
The owner must—
(a) give exclusive and vacant possession of the resident's premises in a clean and tidy condition; and
(b) use best endeavours to ensure that the owner's tenants, employees and invitees or other persons lawfully on village premises comply with the by-laws relating to the village; and
(c) obtain the resident's consent to enter the resident's premises unless in an emergency or if a resident's safety or property is endangered, subject to any other term that enables entry for reasonable cause on reasonable notice; and
(d) give receipts for payments made by the resident and keep a record of such payments.
Basic obligations of the resident
The resident must—
(a) use best endeavours to ensure that the resident's invitees or other persons lawfully on the resident's premises comply with the by-laws relating to the village; and
(b) respect the rights of other residents and persons in the village; and
(c) not interfere with other residents' reasonable peace, comfort and privacy; and
(d) respect the rights of the owner, its employees and agents to work free from harassment and intimidation; and
(e) not adversely affect the occupational health and safety of people working in the village; and
(f) if the owner exercises a right to relocate the resident to other premises with the consent of the resident, not withhold consent unreasonably.
Basic rights of the resident
The resident has the right—
(a) to any payment that the owner is liable to make consequent on the resident's permanent departure from their premises or death, unaffected by termination of the residence contract, whether for breach of contract or otherwise; and
(b) to remove any fixture that the resident has added to the resident's premises (for which there is no agreement to leave in place) at any time before permanently departing the premises, subject to making good any damage caused by the removal; and
(c) if the resident's only obligation in relation to the condition of the resident's premises is to remedy damage and if the resident does not share in any capital gain—to not be liable for fair wear and tear to the resident's premises.
General
(a) These prescribed terms, and any other terms prescribed under the Retirement Villages Act 1986 or regulations, take precedence over any inconsistent terms of this contract or any inconsistent by-laws relating to the village.
(b) The owner and the resident must deal with each other in good faith.
Part B
PRESCRIBED TERMS FOR MANAGEMENT CONTRACTS
Primacy of the Retirement Villages Act 1986 and regulations
This contract must comply with the Retirement Villages Act 1986 , the regulations made under that Act and any other applicable legislation, and is void to the extent of its inconsistency with that Act, those regulations and other applicable legislation, including any inconsistency with these prescribed terms.
Basic obligations of the manager
The manager must—
(a) use best endeavours to ensure that the manager's tenants, employees and invitees or other persons lawfully on village premises comply with the by-laws relating to the village; and
(b) if the manager is required to carry out repairs or
replacements
to the common facilities and other areas under its control that
are funded from maintenance charges, promptly carry out repairs or
replacements necessary for the safety or security of residents; and
(c) obtain the resident's consent to enter the resident's premises unless in an emergency or if a resident's safety or property is endangered, subject to any other term that enables entry for reasonable cause on reasonable notice; and
(d) give receipts for payments made by the resident and keep a record of such payments.
Basic obligations of the resident
The resident must—
(a) use best endeavours to ensure the resident's invitees or other persons lawfully on the resident's premises comply with the by-laws relating to the village; and
(b) respect the rights of other residents and persons in the village; and
(c) not interfere with other residents' reasonable peace, comfort and privacy; and
(d) respect the rights of the manager, its employees and agents to work free from harassment and intimidation; and
(e) not adversely affect the occupational health and safety of people working in the village.
Basic rights of the resident
The resident has the right to any payment that the manager is liable to make consequent on the resident's permanent departure from their premises or death, unaffected by termination of the management contract, whether for breach of contract or otherwise.
General
(a) These prescribed terms, and any other terms prescribed under the Retirement Villages Act 1986 or regulations, take precedence over any inconsistent terms of this contract or any inconsistent by-laws relating to the village.
(b) The manager and the resident must deal with each other in good faith.