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Green Wattle Villages

Green Wattle Villages
Burpengary QLD

The Clayfield

The Clayfield
Albion QLD

Pebble Beach Freehold Retirement Community

Pebble Beach Freehold Retirement Community
Sandstone Point QLD


Guide to Retirement Villages in Queensland (QLD)

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).

The Act sets out the main substantive provisions and the Regulations incorporate some additional detail and provide flexibility to fine tune the laws over time. The Act envisages that the content of certain documents may be prescribed by the Regulations. These documents include the application for registration of a retirement village scheme and the residence contract.

In summary, the objects of the Act (as stated in section 3) are:

  1. to promote consumer protection and fair trading practices by declaring particular rights and obligations of residents and scheme operators and by facilitating the disclosure of information to prospective residents
  2. to encourage the continued growth and viability of the retirement village industry in Queensland
  3. to encourage the adoption of best practice standards by the retirement village industry
  4. to provide a clear regulatory framework to ensure certainty for the retirement village industry in planning for future expansion
  5. to facilitate participation by residents, who want to be involved, in the affairs of retirement villages
  6. to provide processes for resolving disputes between residents and scheme operators.

What is a Retirement Village?

A "retirement village" is "premises where older members of the community or retired persons reside, or are to reside, in independent living units or serviced units, under a retirement village scheme", but it specifically excludes a site within the meaning of the Manufactured Homes (Residential Parks) Act 2003 (section 5).

Note that the above definition refers to "older members of the community", but does not mention a particular age.

A "retirement village scheme" is a scheme under which a person:

  1. enters into a residence contract
  2. pays an in-going contribution under the residence contract to acquire, either personally or for someone else, a right to reside in a retirement village
  3. pays a charge to acquire, either personally or for someone else, a right to receive one or more services in relation to the retirement village (section 7).

A "residence contract" (which may relate to a freehold or other interest in the home) is one or more written contracts regarding residence in a retirement village that:

  • give someone an exclusive right to reside in the retirement village or create 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. 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).

An "in-going contribution" is the amount payable by a person under a residence contract to secure someone's right to reside in a retirement village. It does not include a recurrent payment for rent, fees or charges (section 14).

Who is a Resident?

A "resident" of a retirement village is a person who has a right to reside in the village and receive one or more services in relation to the village under a residence contract (section 9).

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

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