the name and address of the relevant retirement village:

the nature of the right to occupy a residential unit in the village:

the rights of the resident and the operator to deal with the residential unit (including selling, marketing, granting of a security interest in, borrowing against the resident’s legal interest in, granting a security interest in the termination proceeds of, letting, and permitting others to stay in, the unit):

arrangements for managing the village:

services and facilities at the village:

charges relating to the village and the provision of services and facilities.

to use reasonable care and skill in ensuring that the affairs of the village are conducted properly and efficiently; and

to keep the village in good condition and order; and

to make and adhere to a long-term plan for maintaining and refurbishing the village and its facilities; and

to insure the village, for its full replacement value, to the satisfaction of the statutory supervisor (if any) of the village; and

to use reasonable care and skill in the exercise and performance of the operator’s powers, functions, and duties.

to prepare, at the start of each accounting period of the operator, a statement forecasting for the period—

to give a copy of the statement to each resident of the village within 3 months of the start of the accounting period.

requiring the operator of the retirement village to call, in the way described in subclause (2), meetings of the residents of the village to be held in the circumstances and for the purposes described in subclause (3); and

requiring the meetings to be chaired by a person—

requiring the operator to give the residents at a meeting, orally or in writing, information that—

to make all reasonable efforts to find a new resident for the unit; and

not to give preference to finding residents for residential units in the village that have not previously been occupied by a resident under an occupation right agreement.

the legal nature of each operator of the village:

the details specified in the table in subclause (3) for an operator of the village who is not a natural person and is an entity or structure described in the table:

the underlying freehold or other tenure interest (if any) in the village that is retained by the operator:

the nature and extent of any registered or unregistered encumbrances, mortgages, or security interests affecting the interests retained by the operator, and the amounts and maximum amounts of any moneys secured and able to be secured under them:

the nature of residents’ tenure interests in the village, including whether those interests are held under separate titles and whether they are secured.

which of the following rights are offered to the intending residents to whom the disclosure statement is given and which are offered to intending residents generally:

what the body corporate committee and management structure is for the rights (if any) that are unit titles:

what the legal ownership structure is for the rights (if any) that are covered by paragraph (a)(x).

which of the rights described in subclause (3) the resident has:

for each right described in subclause (3) that the resident has,—

which of the rights described in subclause (3) the resident does not have:

whether there are rules applying specifically to the village that affect the resident in living in or using the unit:

what other limits, if any, there are on the resident living in or using the unit, including limits on the resident making changes to the unit’s decor or fittings:

whether the operator of the village controls the sale or marketing of the unit, or has a right to sell or buy the unit, and, if the operator does,—

the circumstances (if any) in which the resident is entitled to a refund of a capital sum paid and the way in which the refund is calculated.

the right to sell or market the residential unit:

the right to mortgage or otherwise borrow against the resident’s interest in the unit:

the right to grant a security interest in the termination proceeds:

the right to let the unit to another person:

the right to have a member of the resident’s family (including a de facto partner of the resident) stay with the resident in the unit:

the right to have a person board with the resident in the unit:

the right to have a person stay with the resident in the unit as a companion or carer for the resident:

the right to have a person stay in the unit to mind it for the resident while the resident is away:

the right to keep a pet in the unit.

whether there is a manager of the village:

whether there is a committee of residents of the village and, if there is, its role:

if residential units in the village will be held under unit titles, the role of the body corporate (as defined in the Unit Titles Act 1972) for the units.

the name and contact details of the manager, including a street address and the number of a telephone with a landline connection; and

the key management personnel and staff of the manager; and

the times when the manager will be at the village; and

the times when the manager will have staff at the village; and

the other times at which the manager may be contacted; and

the contact details of the manager and staff (if any) at the village; and

the experience and core duties of the manager; and

the legal relationship between the manager and the operator; and

whether there are any ownership links between the manager and the operator and what they are (if any); and

whether there is a management agreement between the manager and the operator and, if there is,—

the identity and role of the statutory supervisor (if any); and

any exemption from the requirement to appoint a statutory supervisor.

a statement about statutory supervisors in the form set out in Schedule 3:

whether there is a statutory supervisor for the village:

the name and contact details for the statutory supervisor (if any) for the village:

whether an exemption from the requirement to appoint a statutory supervisor for the village is in force:

if there is such an exemption in force,—

the age, construction, condition, and state of maintenance of the village, including its facilities, paths, driveways, roads (if any), grounds, lighting, heating arrangements (if any), and security features:

whether the village is fully or partially completed or still to be built:

if the village is partially completed, the date of completion:

the number of residential units in the village that are occupied:

the number of units in the village that are unoccupied:

the number (which may be zero) of residential units in the village that are still to be completed:

the expected completion date of the uncompleted residential units in the village (if any):

whether new residential units in the village are planned:

the number, location, size, expected completion date, and effect on existing residents of planned new units in the village (if any):

the following information about residential units in the village that were disposed of in the 12 months before the day the disclosure statement was issued:

if, in the village, 2 or more of the kinds of dwelling mentioned in the definition of residential unit in the Act exist or are planned, a breakdown of the information described in paragraphs (d), (e), (f), (g), (i), and (j) by each of those kinds.

the services and facilities offered at the retirement village; and

new services or facilities planned and the location, size, and effect on residents of those new services or facilities.

for each of the services described in subclause (3), whether the service is available and, if it is, its nature, extent, and frequency:

for each of the facilities described in subclause (4), whether the facility is available and, if it is, the limits (if any) on its availability to residents:

if facilities described in subclause (4)(l) are available, the nature of the facilities:

what currently unavailable services and facilities it is planned to make available (if any), when it is planned that each of them will be available, and what the effect of each of them becoming available will be for residents.

gardening:

lawnmowing:

repair and maintenance:

nursing and medical services:

provision of meals:

shops and other services for the provision of goods:

laundry services (other than the provision of facilities for residents to do their own laundry):

hairdressing and other personal care services:

transport services:

recreation and entertainment services:

security services:

other services.

dining facilities:

lounge or television room:

laundry:

gymnasium:

spa pool:

health clinic:

swimming pool:

tennis court:

pétanque court:

bowling green:

library:

other facilities.

the charge, or basis for charging, for each of the services and facilities available:

whether an amount must be paid to secure an interest in a residential unit in the retirement village and, if it must,—

whether there is a charge for permanently leaving a residential unit in the village for any reason (for example, death, termination of an occupation right agreement, moving to another unit in the village, or leaving the village) and, if there is, what the amount of the charge is:

whether there is a charge for moving from one residential unit in the village to another unit in the village and, if there is, what the amount of the charge is:

whether there are periodical charges payable by a resident to the operator and, if there are,—

whether amounts are payable by residents for maintenance, rates, and insurance and, if they are, what each amount is and what it covers:

if there is a maintenance or sinking fund for repairs, maintenance, refurbishment, and capital replacement works associated with the village, whether amounts may be payable by residents in connection with expenditure from the fund:

if the intending resident is considering acquiring a unit title interest in a residential unit, whether amounts are charged by the body corporate (as defined in the Unit Titles Act 1972) for the unit and, if they are, what each amount is and what it covers:

for each amount described in paragraph (b)(i), (c), (d), (e)(i), (f), (g), or (h),—

what maintenance the operator of the village is responsible for:

what maintenance the resident of a residential unit in the village is responsible for:

whether there is a maintenance or sinking fund for repairs, maintenance, refurbishment, and capital replacement works associated with the village (including its facilities) and, if there is,—

whether the Act or an Act referred to in section 35F of the Act requires the operator of the village to prepare—

what the process is for preparing, auditing, and disclosing financial statements that the Act or an Act referred to in section 35F of the Act requires the operator to prepare:

the basis on which those statements are available to a resident of the village:

whether accounts or financial statements (other than those required by the Act or an Act referred to in section 35F of the Act) are prepared in relation to the operation of the village and charges to residents of the village and, if they are,—

whether accounts are prepared for the manager of the village separately from those the Act or an Act referred to in section 35F of the Act requires the operator to prepare and, if they are, whether they are available to residents of the village on request:

whether the audited financial statements attached to the disclosure statement consist only of financial statements relating to the operator or consist of financial statements for the operator and financial statements of the village.

the cooling-off period and the right to cancel for delay provided by section 28 of the Act; and

any additional cooling-off period or right to cancel for delay given by the occupation right agreement.

the full text of section 28 of the Act and of the definitions in that Act of terms used in that section:

whether the occupation right agreement to which the disclosure statement relates contains a cancellation provision of the kind described in section 28(5) of the Act but with an effect different from section 28(1) of the Act and, if the agreement does,—

the effect of the termination on the persons (if any) living with the resident immediately before the termination:

whether any charges continue to be payable by the former resident after the termination and, if they do,—

the application of any maintenance or sinking fund contributions paid by or allocated to the former resident:

the extent to which the former resident is exposed to a capital gain or capital loss arising as a result of the termination:

the process to be followed in finding a new resident for the vacated residential unit:

the process for determining the sum or sums to be paid by the new resident for the right to occupy the vacated unit and the entitlements of any resident, former resident, or the estate of a former resident in relation to that sum or sums.

the provision or provisions to which the exemption relates; and

the duration of the exemption; and

the conditions (if any) to which the exemption is subject.

a statement of the date on which it is registered; and

a table of contents with page numbers; and

the introductory statement of information for intending residents set out in Schedule 4; and

the name of the retirement village; and

each of the following addresses of the village:

the following details of each operator of the village:

the statement set out in Schedule 5 about avoiding an occupation right agreement.

what insurance cover for the retirement village the operator is to obtain or has obtained; and

what risks relating to the residential unit the resident is to be responsible for.

a statement indicating whether the agreement also allows the resident to leave the residential unit and receive either rest home care in the rest home or hospital care in the hospital care institution; and

if the agreement allows that, an explanation of the terms on which that is allowed.

an intending resident is given a disclosure statement relating to a retirement village; and

in the 6 months before the disclosure statement is given, an advertisement was published to the public, a section of the public including the intending resident, or the intending resident; and

the advertisement indicated that residents of the village could receive financial assistance from any person in connection with being residents of the village.

the name and address of the holder; and

a description of the nature of the interest; and

details of the amounts secured by the interest.

the most recent audited financial statements prepared by the operator under section 35B of the Act or under an Act referred to in section 35F of the Act; and

if section 35C of the Act applies, a copy of the most recent audited financial statements prepared by the operator under that section.

a copy of the rules (if any) that apply specifically to the village and affect a resident in living in or using a residential unit in the village; and

a copy of the agreement (if any) between the operator of the village and the manager (if any) of the village for the management of the village; and

a copy of the deed of supervision (if any) between the operator of the village and the statutory supervisor.

be legibly printed or typewritten and in a large font on white or light-coloured A4 paper of medium weight and good quality; and

be securely fastened together; and

have sequentially numbered pages.

that amount is described as such; and

the advertisement also states with equal prominence, and describes as such, the amount of the capital of the company that is credited as paid up.

that the right is unsecured; or

the nature and ranking in point of security of the right.

the information is also contained in the disclosure statement; or

the information is personal to the person to whom the advertisement is distributed and the principal assumptions and methods used in working out the information are set out in the disclosure statement.

the identity of the operator of the village:

the identity of the statutory supervisor:

a description of the village and the residential units, services, and facilities, at the village:

a description of the liabilities of the operator of the village:

an indication whether the village is complete and of the operator’s plans (if any) for altering or developing the village:

a description of the ownership structure of the village:

a description of rights to occupy residential units at the village, including their number and a description of—

a description of the liabilities (if any) of residents of the village arising from the insolvency of the operator or village, or the winding up of the operator or village:

a description of the following matters relating to meetings of residents of the village (other than meetings covered by regulation 53):

set the statutory supervisor’s remuneration and costs:

deal with matters relating to the termination of the statutory supervisor’s appointment and an election not to renew the appointment.

section 24 (receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents):

section 33(2)(b) (resident entitled to bring an allegation of breach of a right referred to in the code of residents’ rights to the attention of the statutory supervisor):

section 34(2) (operator must notify statutory supervisor of certain matters relating to occupancy rights):

section 39 (registrar’s consent required for termination or non-renewal of appointment):

section 40 (operator must not indemnify or exempt statutory supervisor from liability):

section 42 (duties of statutory supervisor):

section 43 (powers of statutory supervisor):

section 44 (public statement by statutory supervisor):

section 46 (statutory supervisor may require information):

section 47 (auditor must answer questions and supply information):

section 55 (operator must notify statutory supervisor of certain disputes):

section 92 (status of code of practice):

section 97 (registrar’s powers of inspection):

section 98 (disclosure of information and reports):

Schedule 4, clause 4 (resident’s right to complain to the operator and to receive a response within a reasonable time).

the statutory supervisor must exercise reasonable care and skill to ascertain whether the financial position of the retirement village, the security interests of the residents, and the management of the retirement village are adequate; and

if a statutory supervisor believes that they are inadequate, the statutory supervisor must do everything that he or she is empowered to do under section 43 of the Act unless he or she is satisfied that the inadequacy does not materially prejudice the interests of the residents of the village.

to keep the village in good condition and order; and

to make and adhere to a long-term plan for maintaining and refurbishing the village and its facilities; and

to insure the village, for its full replacement value, to the satisfaction of the statutory supervisor of the village.

to use reasonable care and skill in ensuring that the affairs of the village are conducted properly and efficiently; and

to use reasonable care and skill in the exercise and performance of the operator’s powers, functions, and duties; and

to account properly for all money received by the operator; and

to keep with 1 or more financial institutions accounts in the name of the village; and

to pay into any such account money received by the operator in connection with the village; and

to give the statutory supervisor specified information (including financial information) relating to the village in a specified form at specified times without a request from the statutory supervisor; and

to accept the statutory supervisor as a representative of the interests of the residents of the village in any matter relating to the village; and

to comply with the operator’s obligations under the Act, regulations made under the Act, and the code of practice.

advertise rights to occupy a residential unit in the village:

delegate the operator’s powers and functions:

make a distribution to a person if the person and the operator are associated persons:

engage in a transaction with a person if the person and the operator are associated persons:

engage staff:

engage, pay, and remove a manager for the village:

set and change fees and charges for residents and intending residents:

borrow:

give guarantees:

give a security interest relating to the village:

dispose of the village or part of it (except residential units in the village):

alter the effective control of the village:

wind up the village:

develop or redevelop the village.

require the operator not to undertake or permit any of the following activities without the statutory supervisor’s consent:

require the statutory supervisor not to withhold approval unreasonably; and

indicate the kind of conditions (if any) to which the statutory supervisor’s approval may be subject.

the manner in which payments of capital sums, and payments described in section 42(a) of the Act, are to be handled; and

the manner in which records of that handling and of related matters (such as interest on the payments and the payers’ tax file numbers) are to be kept; and

the process for refunding to a former resident payments made in relation to the occupation right agreement that was—

entitle the statutory supervisor to receive every communication from the operator relating to the village that a resident of the village is entitled to receive:

permit the statutory supervisor, or a person authorised by the statutory supervisor, to attend a meeting of the residents of the village and to be heard in any discussion at the meeting of a matter concerning the statutory supervisor or the residents:

permit the statutory supervisor to call a meeting of the residents of the village—

require the statutory supervisor to call a meeting of the residents of the village—

require a meeting of the residents of the village called by the statutory supervisor to be chaired by a person appointed by—

specify arrangements for the statutory supervisor’s supervision of the process to be followed before the termination of an occupation right agreement by the operator of the village; and

require the operator of the village, before terminating an occupation right agreement, to give the statutory supervisor enough information to satisfy the supervisor that the termination will be done in accordance with the agreement and the deed of supervision.

in the case of an application in respect of a village in operation, that there are no current or reasonably foreseeable risks to the interests of the residents:

in the case of an application in respect of a village that is not yet in operation, that the intended manner of creation and operation of the village will not create any reasonably foreseeable risk to the interests of the residents:

in respect of any village, that the interests of the residents are not and will not be subject to risk from any debt or other financial liability of the village or operator to any other person:

in respect of any village that has residents at the time of application, that all residents have been notified of the application for exemption and whether any resident has advised the Registrar of any real, current, or reasonably foreseeable risk to their interests:

in respect of any village that has residents at the time of application, the nature and extent of the control held by residents of the management of the village:

in respect of any village, that it is otherwise undesirable to appoint a statutory supervisor because the interests of the residents would or might be detrimentally affected by the appointment of a statutory supervisor without an equivalent or greater benefit from such appointment.

supervise the process to be followed before the termination of an occupation right agreement by the operator of the village; and

accept a request under section 24 of the Act (receiver, liquidator, and statutory manager must ask statutory supervisor to represent residents).