Victorian Numbered Regulations Victorian Numbered RegulationsPart A
[TRADING NAME OF VILLAGE]
RESIDENCE CONTRACT
|
[ on front page of contract ] COOLING-OFF RIGHT Under section 24 of the Retirement Villages Act 1986 , you may cancel this contract at any time before the expiry of 3 clear business days after you have signed this contract, by— • giving a notice of cancellation to [ name or abbreviation of owner ] or our agent; or • sending the notice to [ name or abbreviation of owner ] at the above mentioned address for service of notices or to the address of our agent. If you cancel, [ name or abbreviation of owner ] may retain $100 or 0·2% of the in-going contribution, whichever is greater. |
Date contract signed:
Name and address of village owner:
Address for service of notices:
Name and address of resident:
Address of resident's premises:
Date of resident's occupation of resident's premises/date of resident's right to occupy premises [ delete whichever is inapplicable ]:
Date contract commences [ if different from above ]:
Term of contract/date contract expires [ delete whichever is inapplicable ]:
Garage, storeroom and parking entitlements:
Fixtures, fittings and furnishings provided by the village owner with the resident's premises are as follows:
OPERATIVE WORDS
[ insert any desired statement of the nature or operation of the contract, for instance, the grant of the interest in the premises ]
PRESCRIBED TERMS UNDER REGULATION 13 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017
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
[ name or abbreviation of 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 [ name or abbreviation of 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 [ name or abbreviation of 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 [ name or abbreviation of owner ] is liable to make consequent on the resident leaving the village or dying, 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 vacating 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 ] not to 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) [ name or abbreviation of owner ] and the resident must deal with each other in good faith.
MATTERS REQUIRED BY REGULATION 11 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 TO BE ADDRESSED
Costs payable on entry [ refer to regulation 11(2)(j) ]
Costs payable during residency [ refer to regulation 11(2)(k) ]
Costs payable on departure [ refer to regulation 11(2)(l) ]
Owner's legal costs [ refer to regulation 11(2)(i) ]
Costs of renovation or reinstatement [ refer to regulation 11(2)(q) ]
Resident's exit entitlement [ refer to regulation 11(2)(m) and (n) ]
Maintenance of the resident's premises [ refer to regulation 11(2)(p) ]
Village insurance [ refer to regulation 11(2)(o) ]
Any restrictions relating to the resident's premises [ refer to regulation 11(2)(a) to (g) ]
Termination and amendment of the contract [ refer to
regulation 11(2)(r)
and (s) ]
The village by-laws [ refer to regulation 11(2)(t)—unless set out
in the
management contract ]
OTHER TERMS—WHICH MUST NOT INCLUDE ANY TERM PROHIBITED BY THE RETIREMENT VILLAGES ACT 1986 OR REGULATIONS
Part B
[TRADING NAME OF VILLAGE]
MANAGEMENT CONTRACT
Date contract signed:
Name and address of village manager:
Address for service of notices:
Name and address of resident:
Address of resident's premises:
Date contract commences:
Term of contract/date contract expires [ delete whichever is inapplicable ]:
The services to be provided to the resident—including any service that, before the resident entered into the contract, [ name or abbreviation of manager ] or its agents represented to the resident would be provided or made available, and the date (if any) on or by which it was represented that such service would be provided or made available—are as follows—
[ insert services and where applicable date service is to be provided or made available ]
OPERATIVE WORDS
[ insert any desired statement of the nature or operation of the contract ]
PRESCRIBED TERMS UNDER REGULATION 13 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017
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
[ name or abbreviation of 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 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 [ name or abbreviation of 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 [ name or abbreviation of manager ] is liable to make consequent on the resident leaving the village or dying, 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) [ name or abbreviation of manager ] and the resident must deal with each other in good faith.
MATTERS REQUIRED BY REGULATION 11 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 TO BE ADDRESSED
Costs payable during residency [ refer to regulation 11(4)(c) ]
Manager's legal costs [ refer to regulation 11(4)(b) ]
Adjustments to maintenance charges [ refer to regulation 11(4)(e) ]
Use of maintenance charges [ refer to regulation 11(4)(d) ]
The repair and maintenance procedure [ refer to regulation 11(4)(f) ]
Consultation on changes to services [ refer to regulation 11(4)(n) ]
Special levies [ refer to regulation 11(4)(g) ]
Resident's exit entitlement [ refer to regulation 11(4)(h) and (i) ]
Village insurance [ refer to regulation 11(4)(j) ]
Manager's right of access to the resident's premises [ refer to regulation 11(4)(a) ]
Termination and amendment of the contract [ refer to
regulation 11(4)(k)
and (l) ]
The village by-laws [ refer to regulation 11(4)(m)—unless set out in the residence contract ]
OTHER TERMS—WHICH MUST NOT INCLUDE ANY TERM PROHIBITED BY THE RETIREMENT VILLAGES ACT 1986 OR REGULATIONS
Part C
[TRADING NAME OF VILLAGE]
RESIDENCE AND MANAGEMENT CONTRACT
|
[ on front page of contract ] COOLING-OFF RIGHT Under section 24 of the Retirement Villages Act 1986 , you may cancel this contract at any time before the expiry of 3 clear business days after you have signed this contract, by— • giving a notice of cancellation to [ name or abbreviation of owner/manager ] or our agent; or • sending the notice to [ name or abbreviation of owner/manager ] at the above mentioned address for service of notices or to the address of our agent. If you cancel, [ name or abbreviation of owner/manager ] may retain $100 or 0·2% of the in-going contribution, whichever is greater. |
Date contract signed:
Name and address of the person who is the village owner and manager:
Address for service of notices:
Name and address of resident:
Address of resident's premises:
Date of resident's occupation of resident's premises/date of resident's right to occupy premises [ delete whichever is inapplicable ]:
Date contract commences [ if different from above ]:
Term of contract/date contract expires [ delete whichever is inapplicable ]:
Garage, storeroom and parking entitlements:
Fixtures, fittings and furnishings provided by the village owner and manager with the resident's premises are as follows:
The services to be provided to the resident—including any service that, before the resident entered into the contract, [ name or abbreviation of manager ] or its agents represented to the resident would be provided or made available, and the date (if any) on or by which it was represented that such service would be provided or made available—are as follows—
[ insert services and where applicable date service is to be provided or made available ]
OPERATIVE WORDS
[ insert any desired statement of the nature or operation of the contract, for instance, in relation to the residence contract, the grant of the interest in the premises ]
PRESCRIBED TERMS UNDER REGULATION 13 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017
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 and manager
[ name or abbreviation of the owner/manager ] 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 its tenants, employees and invitees or other persons lawfully on village premises comply with the by-laws relating to the village; and
(c) 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
(d) 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
(e) 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 [ name or abbreviation of owner/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; and
(f) if [ name or abbreviation of owner/manager ] 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 [ name or abbreviation of owner/manager ] is liable to make consequent on the resident leaving the village or dying, unaffected by termination of the residence contract or the management 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 vacating 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 ] not to 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) [ name or abbreviation of owner/manager ] and the resident must deal with each other in good faith.
MATTERS REQUIRED BY REGULATION 11 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 TO BE ADDRESSED
Costs payable on entry [ refer to regulation 11(2)(j) ]
Costs payable during residency [ refer to regulation 11(2)(k) and (4)(c) ]
Costs payable on departure [ refer to regulation 11(2)(l) ]
Legal costs [ refer to regulation 11(2)(i) and (4)(b) ]
Costs of renovation or reinstatement [ refer to regulation 11(2)(a) ]
Resident's exit entitlement [ refer to regulation 11(2)(m) and (n)
and
11(4)(h) and (i) ]
Adjustments to maintenance charges [ refer to regulation 11(4)(e) ]
Special levies [ refer regulation 11(4)(g) ]
Use of maintenance charges [ refer to regulation 11(4)(d) ]
Maintenance of the resident's premises [ refer to regulation 11(2)(p) ]
The repair and maintenance procedure [ refer to regulation 11(4)(f) ]
Village insurance [ refer to regulation 11(2)(o) and (4)(j) ]
Consultation on changes to services [ refer to regulation 11(4)(n) ]
Any restrictions relating to the resident's premises [ refer to regulation 11(2)(a) to (g) ]
Manager's right of access to resident's premises [ refer to regulation 11(4)(a) ]
Termination and amendment of the contract [ refer to regulation 11(2)(r) and (s) and (4)(k) and (l) ]
The village by-laws [ refer to regulation 11(2)(t) and (4)(m) ]
OTHER TERMS—WHICH MUST NOT INCLUDE ANY TERM PROHIBITED BY THE RETIREMENT VILLAGES ACT 1986 OR REGULATIONS
Part D
[TRADING NAME OF VILLAGE]
RESIDENCE AND MANAGEMENT CONTRACT
|
[ on front page of contract ] COOLING-OFF RIGHT Under section 24 of the Retirement Villages Act 1986 , you may cancel this contract at any time before the expiry of 3 clear business days after you have signed this contract, by— • giving a notice of cancellation to [ name or abbreviation of owner/manager ] or our agent; or • sending the notice to [ name or abbreviation of owner/manager ] at the above mentioned address for service of notices or to the address of our agent. If you cancel, [ name or abbreviation of owner/manager ] may retain $100 or 0·2% of the in-going contribution, whichever is greater. |
Date contract signed:
Name and address of village owner:
Address for service of notices:
Name and address of village manager:
Address for service of notices:
Name and address of resident:
Address of resident's premises:
Date of resident's occupation of resident's premises/date of resident's right to occupy premises [ delete whichever is inapplicable ]:
Date contract commences [ if different from above ]:
Term of contract/date contract expires [ delete whichever is inapplicable ]:
Garage, storeroom and parking entitlements:
Fixtures, fittings and furnishings provided by the village owner with the resident's premises are as follows:
The services to be provided to the resident—including any service that, before the resident entered into the contract, [ name or abbreviation of manager ] or its agents represented to the resident would be provided or made available, and the date (if any) on or by which it was represented that such service would be provided or made available—are as follows—
[ insert services and where applicable date service is to be provided or made available ]
OPERATIVE WORDS
[ insert any desired statement of the nature or operation of the contract, for instance, in relation to the residence contract, the grant of the interest in the premises ]
PRESCRIBED TERMS UNDER REGULATION 13 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017
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
[ name or abbreviation of 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 manager
[ name or abbreviation of 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 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 [ names or abbreviations of owner and manager ], their 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 [ name or abbreviation of owner and/or manager—as applicable ] 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 to—
(a) any payment that [ name or abbreviation of owner ] is liable to make consequent on the resident leaving the village or dying, unaffected by termination of the residence contract or the management contract, whether for breach of contract or otherwise; and
(b) 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 vacating 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 ] not to 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) [ names or abbreviations of owner and manager ] and the resident must deal with each other in good faith.
MATTERS REQUIRED BY REGULATION 11 OF THE RETIREMENT VILLAGES (CONTRACTUAL ARRANGEMENTS) REGULATIONS 2017 TO BE ADDRESSED
The owner
Costs payable on entry [ refer to regulation 11(2)(j) ]
Costs payable during residency [ refer to regulation 11(2)(k) ]
Costs payable on departure [ refer to regulation 11(2)(l) ]
Owner's legal costs [ refer to regulation 11(2)(i) ]
Costs of renovation or reinstatement [ refer to regulation 11(2)(q) ]
Resident's exit entitlement [ refer to regulation 11(2)(m) and (n) ]
Maintenance of the resident's premises [ refer to regulation 11(2)(p) ]
Village insurance [ refer to regulation 11(2)(o) ]
Any restrictions relating to the resident's premises [ refer to regulation 11(2)(a) to (g) ]
The manager
Costs payable during residency [ refer to regulation 11(4)(c) ]
Manager's legal costs [ refer to regulation 11(4)(b) ]
Adjustments to maintenance charges [ refer to regulation 11(4)(e) ]
Use of maintenance charges [ refer to regulation 11(4)(d) ]
The repair and maintenance procedure [ refer to regulation 11(4)(f) ]
Consultation on changes to services [ refer to regulation 11(4)(n) ]
Special levies [ refer regulation 11(4)(g) ]
Resident's exit entitlement [ refer to regulation 11(4)(h) and (i) ]
Village insurance [ refer to regulation 11(4)(j) ]
Manager's right of access to resident's premises [ refer to regulation 11(4)(a) ]
Other
Termination and amendment of the contract [ refer to regulation 11(2)(r) and (s) and (4)(k) and (l) ]
The village by-laws [ refer to regulation 11(2)(t) and (4)(m) ]
OTHER TERMS—WHICH MUST NOT INCLUDE ANY TERM PROHIBITED BY THE RETIREMENT VILLAGES ACT 1986 OR REGULATIONS