Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 103

    (1)     A residents committee may, with the consent of the residents of a retirement village, be established for the village for this Act.

    (2)     A residents committee may only be elected by the residents.

    (3)     Only 1 residents committee may be established for a village.

    (4)     Only a resident of the village may be a member of the residents committee.

    (5)     If more than 1 entity (regardless of its name) purports to be the residents committee for a retirement village, the operator or a resident of the village may apply to the ACAT for an order deciding which entity (if any) is the residents committee for the village.

    (6)     A residents committee may, subject to a regulation—

        (a)     decide its own procedure; and

        (b)     form 1 or more sub-committees and decide their procedure; and

        (c)     call meetings of all the residents of the village to consider and vote on matters mentioned in section 112 (1) (Meetings of residents).

    (7)     The operator of a retirement village commits an offence if the operator—

        (a)     discourages or prevents the establishment of a residents committee; or

        (b)     obstructs a residents committee in the exercise of its functions; or

        (c)     attempts to prevent residents from joining an organisation for residents of retirement villages.

Maximum penalty: 50 penalty units.

    (8)     An offence against subsection (7) is a strict liability offence.

    (9)     The operator must provide reasonable administrative assistance to the residents committee on request by the committee, but only if an estimate of the cost of providing the assistance has been included in the approved annual budget for the financial year in which the assistance is requested.

Example

printing or distributing notices

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (10)     Nothing in this section prevents the residents from establishing other committees of residents for other purposes.