Explanatory Table – minor changes to Forms 1 and 1A in Retirement Villages Regulations Amendment Regulations 2016[1]
Affected part of Form 1 or 1A / Pre 1 July / Post 1 July / Reason for changeForm 1 Heading / Information statement for prospective resident / Disclosure statement for prospective residents – residence contract that is not a short-term residence contract (as defined in regulation 4A) / Aligns the headings for Forms 1 and 1A.
Inserts reference to ‘Disclosure statement’ for ‘Information statement’ for consistency throughout both forms.
Form 1 Statement / The owner must answer each of the following questions in writing below each question / The owner or person authorised to act on behalf of the owner, must complete all sections of this disclosure statement in writing. / Recognises that the Form 1 does not merely consist of a series of questions but contains both questions and statements with information.
Form 1 Item 2A / (individual/company/organisation): / (individual, company or organisation). / Changed so that Forms 1 and 1A are consistent with each other.
Form 1 Item 2B / individual/company/organisation: / individual, company or organisation. / Changed so that Forms 1 and 1A are consistent with each other.
Form 1 Item 4A / If yes, provide a brief explanation of how much visitors parking is available: / If yes, briefly explain how much parking is available for visitors: / Changed so that Form 1 is easier to read.
Form 1 Item 4A / Opposite the question ‘Is there trailer, boat and caravan parking available for the prospective resident to use?’ the lines on which to provide an explanation are missing. / ‘If yes, provide a brief explanation:
……………………………………….
……………………………………….
……………………………………….
has been inserted opposite the question. / Changed to make consistent with the rest of the questions in item 4A.
Form 1 Item 5A / section 75(1)] / the Retirement Villages Act 1992 sections 14 and 75] / Changed to insert reference to the RV Act and section 14.
Form 1 Item 6A / Any other charges per
[week/fortnight/month]...... $
[specify other charges]$
...... $......
...... $......
Total amount payable
[week/fortnight/month]$ ...... / Any other charges per
[specify other charges]......
...... $......
...... $......
…………………$......
Total amount payable per
[week/fortnight/month]$...... / Aligned the amounts to be inserted for ‘Any other charges’ and removed the superfluous $...... so that the item will be easier to fill in.
*Form 1 Item 6B / [See also item 12] / [See also item 12] / Italicised for consistency with formatting
Form 1 Item 6B / [not applicable to all retirement villages] / (not applicable to all retirement villages) / Italics removed forconsistency with formatting of other similar references
*Form 1 Item 7 / 7 Exit fees and other exit related matters / 7. Exit fees and other exit related matters / Full stop in the heading inserted after number 7 for consistency with rest of the numbering in the form.
Form 1 Item 7D / contribute to an exit fee contribution to a reserve/sinking fund when permanently vacating? / who are permanently vacating pay an exit fee that includes a contribution to a reserve/sinking fund? / Wording changed slightly to make it easier for consumers to read and understand.
Form 1 Item 7D / Retirement Villages Act / Retirement Villages Act 1992 / Changed so that the RV Act is correctly referenced.
Form 1 Item 7D / Strata Titles Act: / Strata Titles Act 1985: / Changed so that the Strata Titles Act is correctly referenced.
Form 1 Item 9A / item 7A-7D) / items 7A – 7D) / Item made plural for consistency with other similar references
Form 1 Item 12B / If yes, provide details of the types of insurance residents are responsible for arranging: / If yes, provide details of the types of insurance residents are responsible for arranging: / Italicised for consistency with formatting
Form 1 Item 14A / residents in the village / residents in the village. / Inserted a full-stop for consistency with formatting.
Form 1 Item 14B / basis / basis. / Inserted a full-stop for consistency with formatting.
*Form 1 Item 14B / If personal services are not provided, make a statement to the effect that the administering body does not provide or make available any personal services in the village. / If personal services are not provided, make a statement to the effect that the administering body does not provide or make available any personal services in the village. / Italicised for consistency with formatting.
Form 1 Item 16C / Monitored between: / Monitored: / Minor change to simplify language
Form 1 Item 16C / …….... am and …….... pm
[number] ...... days per week / between …….... am and …….... pm
[number] ...... days per week / Minor change to make the Form 1 easier to read.
*Form 1 Item 18A / Provide the name of the retirement village accreditation scheme and key details including the year in which the village was last assessed against the accreditation criteria and accredited: / Provide the name of the retirement village accreditation scheme and key details including the year in which the village was last assessed against the accreditation criteria and accredited: / Italicised for consistency with formatting.
Form 1 Item 21B / Is the waiting list fee refundable?
on entry to the village?
if the resident decides not to move into the village? / Is the waiting list fee refundable on entry to the village?
Is the waiting list fee refundable if the resident decides not to move into the village? / Minor change to simplify language.
Form 1 Notes / Notes 2, 7, 13, 15, 17, 19, 22 & 23 / Minor cross referencing changes inserted / Minor changes for consistency and accuracy.
*Form 1A – reference after heading / r. 4(b) / r. 4(1)(b) / Correcting error in cross reference
Form 1A heading / Information statement for prospective resident – short term residence contract / Disclosure statement for prospective residents – short-term residence contract (as defined in regulation 4A) / Aligns the headings for Forms 1 and 1A.
Inserts reference to ‘Disclosure statement’ for ‘Information statement’ for consistency throughout both forms
Form 1A Item 1D / stages. / stages: / Full-stop changed to colon for consistency with Form 1
Form 1A Item 2 / Owner administering body/management of the retirement village / Owner/administering body/management of the retirement village / Heading changed to make consistent with Item 2 heading in Form 1
Form 1A Item 2A / Owner: Details of / Owner: details of / Changed to make consistent with Item 2A in Form 1
version)
Form 1A Item 2A / (individual/company/organisation): / (individual, company or organisation). / Changed to make consistent with Item 2A Form 1
Form 1A Item 2B / Administering body: If the / Administering body: if the / Changed to make consistent with Item 2B Form 1
*Form 1A Item 3A / [specify type] / [specify type] / Italicised for consistency with formatting.
Form 1A Item 3B / With [tick the box that applies, if any] 1:
an option to renew or vary the residence contract on the same terms
an option to move to a periodic tenancy on the same terms at the end of the fixed period
an option to move to a new fixed term tenancy on the same terms at the end of the term / With an option at the end of the term to [tick the box that applies, if any] 1:
renew or vary the residence contract for an additional term on the same terms, except as to recurrent charges which may be varied at the end of the term
move to a periodic tenancy on the same terms, except as to recurrent charges which may be varied at the end of the term
enter a new fixed term residence contract on the same terms, except as to recurrent charges which may be varied at the end of the term / The additional words ‘except as to recurrent charges’ have been inserted to make it clear that the amount payable each week, fortnight or month may be varied at the end of the term of the ‘short-term’ residence contract. This reflects the original intention and will make it easier for administering bodies to use short-term residence contracts. It also provides a greater level of transparency to prospective residents in relation to the possibility that the amount payable may vary up or down at the end of the term of the short-term residence contract.
Form 1A Item 4A / arrangements: / arrangements? / Changed to make consistent with Item 4A in Form 1
Form 1A Item 4A / If yes, provide a brief explanation of how much visitors parking is available: / If yes, briefly explain how much parking is available for visitors: / Changed to make consistent with Item 4A in Form 1
Form 1A Item 4A / Are there any other arrangements in place for the parking of vehicles, caravans or boats? / Are there any other arrangements in place for the parking of vehicles, trailers, boats or caravans? / Changed to make consistent with Form 1
Form 1A Item 5A / Any other charges per
[week/fortnight/month]...... $
[specify other charges]$
...... $......
...... $......
Total amount payable
[week/fortnight/month]$ ...... / Any other charges per
[specify other charges]......
...... $......
...... $......
…………………$......
Total amount payable per
[week/fortnight/month]$...... / Changed to simplify Forms 1 and 1A and make the two forms consistent
Form 1A Item 5B / [see also item 12] / [see also item 8] / Changed to insert the correct cross referenceand make consistent with Form 1
Form 1A Item 5C / repair: / repairs: / Changed to make consistent with Item 6C in Form 1
Form 1A Item 7B / resident permanently / the resident permanently / Changed to correct a grammatical error
Form 1A Item 8A / resident? / residents? / Changed to make consistent with Item 12A in Form 1
Form 1A Item 10A / village: / village / Changed to make consistent with Item 14A in Form 1
Form 1A Item 10B / basis: / basis / Changed to make consistent with Item 14B in Form 1
Form 1A Item 12C / If yes, provide details of the emergency call system, including the name of the current provider. / If yes, the current cost to residents of the emergency call system is recovered from residents via: / Changed to simplify language and make consistent with Form 1
*Form 1A after Item 13A / Item 13B missing by mistake / Row 13B inserted to say
If any of the boxes in ‘A’ are ticked, provide at Annexure F a table of the relevant contract clauses or residence rules clauses that apply to any such restrictions or conditions of use of residential premises and personal and communal amenities. / Changed to make consistent with Item 17B of Form 1
Form 1A Item 17B / Is the waiting list fee refundable?
on entry to the village?
if the resident decides not to move into the village? / Is the waiting list fee refundable on entry to the village?
Is the waiting list fee refundable if the resident decides not to move into the village? / Changed so that Forms 1 and 1A are consistent with each other
Form 1A Item 18A / development? / development of the village? / Changed to make consistent with Item 22A in Form 1
*Form 1A Item 18D / Do residents have access to documents relating to the development in the village?
Yes
No / Item 18 D deleted / Item 18 D duplicated the information in Item 18C and has been removed to make it consistent with Form 1
Form 1A Notes 10, 15 and 16 / Notes 10, 15 and 16 contained minor cross referencing omissions in the references to legislation / Referencing in Notes 10, 15 and 16 corrected. / References to the legislation have been corrected
Form 1A Annexure B heading / Table of estimated refund entitlement based on resident permanently vacating after one year. / Table of a resident’s estimated refund entitlement based on the resident permanently vacating after one year. / The word “resident’s” has been inserted to simplify the language
Form 1A Annexure B first two rows / Line between first two rows deleted so just one row / Formatting error corrected
*Form 1A various references to ‘community amenities’ amended / Various references in Form 1A to community amenities / Corrected to refer to communal amenities / Correcting error in reference to communal amenities. A table references to the Items in Form 1 and 1A which have been amended to refer to “communal amenities” instead of “community amenities”.
1
[1]All items contained in this table were incorporated in the Retirement Villages Regulations Amendment Regulations 2016 and published in the Government Gazette (no.117) on 1 July 2016. Items marked with an asterix were changed in the word version of Form 1 and 1A on the Department of Commerce (DoC) website just after
1 April 2016.