Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SCHEDULE 1

Schedule 1     Consent of residents

(see s 15)

Part 1.1     Preliminary

1.1     Entitlement to vote

A former occupant of a retirement village may vote on a measure or action relating to the village if the former occupant is, or would have been, entitled to vote on the measure or action as a resident.

Part 1.2     Consent generally

1.2     Vote to be taken

    (1)     If this Act provides that a particular measure or action is of no effect unless it is consented to by the residents of a retirement village, or otherwise requires the consent of the residents, the residents are taken to have given their consent if more than 50% of the residents who vote on the measure or action consent to it.

    (2)     Subsection (1) does not apply to a measure or action that requires a special resolution.

    (3)     In this section:

"resident" means a resident entitled to vote.

"vote" includes vote by proxy.

1.3     Method of voting

    (1)     A vote in relation to a measure or action (including a measure or action that requires a special resolution) may be taken by means of—

        (a)     a show of hands; or

        (b)     a written ballot conducted in accordance with a regulation.

    (2)     A regulation may require a vote in relation to a measure or action of a particular class or kind to be taken by means of a written ballot.

1.4     Result of vote

    (1)     The operator of a retirement village must accept as the residents' decision in relation to a measure or action that requires their consent the decision that is reported to the operator by—

        (a)     an officer of the residents committee; or

        (b)     if there is no residents committee for the village—a resident elected in accordance with section 1.3 as the representative of the residents of the village in relation to the measure or action concerned.

    (2)     A regulation may make provision in relation to the election of a representative of residents under subsection (1).

Part 1.3     Consent requiring special resolution

1.5     Notice of special resolution

If a measure or action requires a special resolution, a ballot must be conducted in the way prescribed by regulation.

1.6     How special resolution is carried

A special resolution is carried only if it is passed by at least 75% of the number of residents of the retirement village who participate in the ballot.