Retirement Village Law in NSW

RETIREMENT VILLAGE LAW IN NSW

Retirement Village Law in NSW guides practitioners advising those who are resident in, or considering residency in, retirement villages and those moving out of this accommodation, including into higher care. It analyses the interconnected legislation and illuminates its meaning with court and tribunal decisions which have interpreted the provisions in practice.

This book draws together the main sources of law governing the day-to-day operation of retirement villages. This centres on the Retirement Villages Act 1999 and Retirement Villages Regulation 2009 and their inter-relationship with the Real Property Act 1990, Residential Tenancies Act, 2010 Strata Schemes Management Act 1996 and the Aged Care Act 1997 (Cth).

These legislative provisions are also affected by decisions of the Consumer, Trader and Tenancy Tribunal (NSW).  With the passage of time, there is now a substantial body of case law deriving from the Tribunal's decisions and related judgments of the NSW District Court, Supreme Court and Court of Appeal. This includes guidance on how to conduct Tribunal cases and how to pursue appeals from, or reviews of, Tribunal decisions.

 

About the author

Richard McCullagh has over 25 years’ interest and involvement in the law relating to retirement villages. He acted for village operators from 1985 to 2005, exclusively so from then until 2011, and now acts for residents. Richard has given presentations about this area at industry conferences and seminars, to community groups and at Mandatory Continuing Legal Education seminars for lawyers.

1. Introduction
2. History of regulation
3. Residence rights and entry payments
4. Land titles and agency laws
5. Revenue laws and payments by residents
6. Related residential regimes
7. Hierarchy of laws and documents
8. Moving in
9. Living there
10. Moving out - Financial regulation
11. Termination and refund
12. Dispute resolution
13. “Resident”
14. “Operator”
15. “Retirement village”
16. “Residential premises”
17. “Village contract”
18. Moving into residential aged care
19. Documents prescribed by the Retirement Villages Amendment (Standard Contract) Regulation 2013 (NSW)

Appendix 1 - Documents prescribed by the Retirement Villages Amendment (Standard Contract) Regulation 2013 (NSW)

References

Index

Product Reviews

• Law Society Journal, December 2013 Vol 51 [PDF 501634]