Follow us on Facebook
Follow us on Google+
Follow us on Twitter

SEARCH FOR A
RETIREMENT VILLAGE

 

To begin your search,
please make a selection
on the map or from
the list below:
 

FEATURED RETIREMENT VILLAGES
IRT Woodlands

IRT Woodlands
Meridan Plains QLD

The Clayfield

The Clayfield
Albion QLD

Pebble Beach Freehold Retirement Community

Pebble Beach Freehold Retirement Community
Sandstone Point QLD

 

Retirement Villages in Queensland (QLD): Legal Documentation and Cooling-Off

The regulation of retirement villages in Queensland (QLD) is the responsibility of the Queensland State Government. The retirement villages laws comprise the Retirement Villages Act 1999 (the Act) and the Retirement Villages Regulation 2010 (the Regulations).

Legal Documentation

The right to reside and receive services in a retirement village is set out in a comprehensive legal agreement called a "residence contract".

A residence contract may relate to a freehold or other interest and comprises one or more written contracts that:

  • give someone an exclusive right to reside in the retirement village or creates obligations on a person in relation to someone's residence in the village
  • give someone a right to use and enjoy the communal facilities in the village in common with other residents
  • contain or incorporate a service agreement or an agreement to enter into a service agreement in the form of an attached copy
  • restrict the way in which, or the persons to whom, the right to reside in the village may be disposed of during the resident's lifetime.

It includes any other contract (an "ancillary contract") that is dependent on or arises out of the making of the residence contract or any other ancillary contract and if an ancillary contract is not signed at the same time as the residence contract, the residence contract must also include an agreement to enter into an ancillary contract in the form of an attached copy (section 10).

The "public information document" forms part of the residence contract and any provision in the residence contract (including the public information document) that is inconsistent with the Act is of no effect to the extent of the inconsistency.

If the public information document is or becomes inaccurate in a way that may materially affect the interests of a resident, the scheme operator must make full written disclosure of the inaccuracy to the resident and rectify the public information document.

The Act (section 45) and the Regulations (regulation 3) specify a range of information that must be included in the residence contract, including details about:

  • the name of the retirement village scheme
  • the name and address for service of notices of the scheme operator
  • the name and address of the trustee who will hold the in-going contribution during the cooling-off period (see below) and any condition precedent that must be fulfilled
  • the right to rescind during the cooling-off period
  • if the cooling-off period starts on the day the residence contract is signed the date the cooling-off period ends
  • if the cooling-off period starts on the day a later event happens or another contract is entered into the later event or other contract
  • the in-going contribution
  • the exit fee
  • the resident's exit entitlement
  • the services charges
  • the services to be supplied, including those funded from the general services charge, the personal services charge or on a fee-for-service basis
  • payments to the maintenance reserve fund
  • insurance for the village and insurance for which the resident is responsible
  • any conditions precedent to the creation of the right to reside in the village
  • the resident's right to resell the right to reside in the village
  • the resident's entitlement to receive financial statements for the village
  • the dispute resolution process established by the Act
  • the statutory charge, if relevant to the resident's title or interest
  • the resident's and the scheme operator's rights to terminate the contract
  • how the resident may rescind the residence contract.

Cooling-Off

The cooling-off period referred to above is a 14 day period that starts on the day the residence contract is signed or, if the residence contract is subject to a later event happening or another contract being entered into the day the later event happens or the other contract is entered into.

More Information?

For general information about retirement villages, please see our Retirement Villages Guide.

For additional specific information about retirement villages in Queensland, please see the following pages:

  1. Introduction and Overview

  2. Registration

  3. Disclosure of Information

  4. Legal Documentation and Cooling-Off

Queensland Northern Territory Western Australia South Australia Tasmania Victoria Australian Capital Territory New South Wales New Zealand