Retirement Villages Act 1992


The Retirement Villages Act 1992 aims to protect the interests of residents and intending residents of retirement villages, and to enable the development of retirement villages under a legal framework that's easy for residents, intending residents and operators to understand.
 
We have not included the entire Retirement Villages Act here, only a summary of those sections required in the Pre-Contractual Disclosure booklet. 
 
The complete Act can be purchased from the State Law Publisher; Ground Floor, 10 William St, Perth; Phone (08) 9321 7699 or downloaded from www.slp.wa.gov.au
 

  1. Statutory Information Statement (FORM1)
  2. Under section 13(2) of the Act, the owner of the residential premises in a Retirement village is required to provide information to a person at least 10 working days before that person enters into a residence contract.
     
    This information takes the form of Questions and Answers and covers areas such as:
    • Payment of premium and refund entitlement
    • Charges for village operating costs
    • Budget surplus
    • Reserve funds
    • Resident funded capital improvements
    • Amenities and services
    • Existing service contract
    • Insurance
    • Village management
    • Resident consultation
    • Residents voting rights
    • Use of residential premises
    • Spouse or de facto partner occupancy rights
    • Transport
    • Medical certificate requirements
    • Emergency call procedures
    • Hospitalisation
    • Moving
    • Village under construction
    • Refund of deposit
    • Sale of village
    • Restrictions on sale of residential premises
    • Repair and refurbishment of residential premises
    • Termination of contract

  3. Notice of Rights Under Section 13 and 14 of the Retirement Villages Act 1992 (FORM 2)
  4. Under Section 13
     
    • A residence contract shall be in writing
    • At least 10 working days before a person enters into a residence contract they must have – Form 1, Form 2, a copy of the residence rules and a copy of any applicable code
    • A residence contract is taken to include a warranty as to the correctness of the information.
    Under Section 14
     
    Pertaining to rescission of a residence contract
     

  5. Excerpts from the Retirement Villages Act 1992; Regulations 7 and 8 regarding ‘Disposal of Abandoned Goods’
    • Disposal of abandoned goods
    • Proceeds of sale of abandoned goods