Western Australia: Retirement Villages Act 1992 (WA)

Western Australia Retirement Villages Act 1992 Western Australia Retirement Villages Act 1992 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Act binds Crown 1 5. Application of Act 1 6. Contracting out 1 7. Effect of Act on other legislation 1 Part 2 — Administration 7A. Commissioner 1 8. Functions of Commissioner 1 9. Commissioner may commence or defend proceedings for party 1 10. Delegation by Commissioner 1 11. Protection of officers 1 11A. Information officially obtained to be confidential 1 11B. Powers of investigation 1 12. Annual report 1 Part 3 — Rights and obligations of residents, owners and operators 13. Residence contract 1 14A. Residence contracts to comply with prescribed requirements 1 14. Cooling‑off period 1 15. Owner to deliver memorial 1 16. Occupation right not to be created unless memorial is lodged 1 17. Termination of residence rights 1 18. Premiums 1 19. Contractual rights of residents 1 20. Charges 1 21. Enforcement of charge 1 22. Termination of retirement village scheme 1 23. Recurrent charges payable by former residents 1 24. Recurrent charges may be deducted from premium repayable to former resident 1 25. Operator not to require payment in respect of prescribed matters 1 Part 4 — Resolution of disputes Division 1 — General 42. Use of other means of resolution 1 44. Extension of time 1 48. Reference of certain matters concerning operators 1 Division 5 — Orders by Tribunal 52. Limits on order by Tribunal 1 54. Jurisdiction of Tribunal if title to land in question 1 54A. Jurisdiction of Tribunal under Community Titles Act 2018 1 54B. Jurisdiction of Tribunal under Strata Titles Act 1985 1 55. Disputes in relation to residence contracts 1 56. Disputes in relation to service contracts 1 57A. Disputes in relation to recurrent charges or levy payable by residents 1 57. Applications relating to transfer of residents 1 58. Termination of occupation on medical grounds 1 59. Termination of occupation on grounds of breach of residence contract or rules 1 60. Parties to minimise loss from breach of residence contract 1 61. Tribunal may waive defect in notice of intention to terminate 1 62. Tribunal may terminate residence contract if resident causes serious damage or injury 1 63. Tribunal may terminate residence contract if operator would otherwise suffer undue hardship 1 64. Suspension or refusal of orders to terminate 1 65. Prohibition on certain recovery proceedings in courts etc. 1 66. Recovery of possession of premises prohibited except by order 1 67. Liability of resident remaining in possession 1 68. Abandoned premises 1 69. Right of operator to compensation if resident abandons premises 1 70. Goods abandoned by resident after residence contract is terminated 1 74. Protection 1 Part 5A — Statutory manager 75A. Terms used 1 75B. Tribunal may appoint statutory manager on application of Commissioner 1 75C. Proposed statutory manager must consent to appointment 1 75D. Variation and revocation of orders 1 75E. Matters to be dealt with in order appointing a statutory manager 1 75F. Other matters arising from appointment of statutory manager 1 75G. Appointment of both statutory manager and external administrator 1 75H. Operator to cooperate with statutory manager 1 75I. Tribunal may require reports and recommendations from statutory manager 1 Part 5 — Miscellaneous 75. Rescission of contract 1 76. Persons who are not to be involved in administration of retirement villages 1 77A. Limitation of period for which section 76 applies to certain persons 1 77B. Offences by persons involved in administration of retirement village 1 77C. Commissioner may grant exemption certificates 1 77. Non‑compliance may be excused by Court 1 79. Liability of officers for offence by body corporate 1 80. Time for commencing proceedings 1 82. Regulations 1 83. Review of Act 1 84. Savings and transitional 1 Schedule 1 — Savings and transitional provisions Division 1 — Provisions relating to commencement of Act 1. Existing disputes and other matters 1 2. Regulations 1 3. Exemption 1 Division 2 — Provisions relating to Retirement Villages Amendment Act 2012 4. Exemption certificate taken to have been granted to certain persons 1 5. Transitional regulations 1 Division 3 — Provisions relating to Retirement Villages Amendment Act 2024 6. Term used: amending Act 1 7. Transitional regulations 1 8. References to administering bodies taken to be references to operators 1 9. Inserted provisions, and regulations under them, extend to existing arrangements 1 10. Amendments do not affect existing proceedings 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Retirement Villages Act 1992 An Act to regulate retirement villages and the rights of residents in such villages and for related purposes. Part 1 — Preliminary 1. Short title This Act may be cited as the Retirement Villages Act 1992. 2. Commencement The provisions of this Act shall come into operation on such day as is fixed by proclamation and in any event shall come into effect if not proclaimed, 6 months after Royal Assent. 3. Terms used (1) In this Act — approved form means the form approved by the Commissioner under section 8(2); code means any code of practice prescribed under the Fair Trading Act 2010 which relates to retirement villages; Commissioner means the person for the time being designated as the Commissioner under section 7A; Department means the department of the Public Service principally assisting in the administration of this Act; levy means a single amount that the residents of a retirement village are required to pay to recover an unforeseen operating expense of the retirement village not provided for in the recurrent charges; operator, in relation to a retirement village — (a) means the person by or on behalf of whom the retirement village is administered; and (b) includes a person, other than a resident, who is the owner of land used for the purposes of the retirement village; owner, in relation to land under the operation of the Transfer of Land Act 1893, means a person who alone or with others is registered as the proprietor of an estate in fee simple; premium means a payment (including a gift) made to the operator of a retirement village in consideration for, or in contemplation of, admission of the person by or on whose behalf the payment was made as a resident in a retirement village (including any such payment made for the purchase of residential premises in a retirement village or for the purchase, issue or assignment of shares conferring a right to occupy any such residential premises) but does not include — (a) any such payment excluded by regulation from the ambit of this definition; or (b) a levy or recurrent charges; recurrent charge means any amount (including rent) payable by a resident to the operator of a retirement village on a recurrent basis; Registrar of Titles has the meaning given to that expression by the Transfer of Land Act 1893; residence contract means a contract, agreement, scheme or arrangement which creates or gives rise to a right to occupy residential premises in a retirement village, and may take the form of a lease or licence; residence rules means the rules with which residents of a retirement village are expected by the operator to comply, but does not include any prescribed subsidiary legislation (to which residents are subject) in force under any prescribed Act; resident, in relation to a retirement village, means a person who has been admitted to occupation of residential premises in accordance with a retirement village scheme and includes a spouse or de facto partner of such a person who — (a) is residing with that person; or (b) was residing with that person at the time of that person's death; residential premises means any premises or part of premises (including any land occupied with the premises) used or intended to be used as a place of residence and includes a hostel unit; residential tenancy agreement has the same meaning as in the Residential Tenancies Act 1987; retired person means a person who has attained the age of 55 years or retired from full‑time employment or a person who is or was the spouse or de facto partner of such a person; retirement village means a complex of residential premises, whether or not including hostel units, and appurtenant land, occupied or intended for occupation under a retirement village scheme or used or intended to be used for or in connection with a retirement village scheme; retirement village scheme means a scheme established for retired persons or predominantly for retired persons, under which — (a) residential premises are occupied in pursuance of a residential tenancy agreement or any other lease or licence; or (b) a right to occupation of residential premises is conferred by ownership of shares; or (c) residential premises are purchased from the operator subject to a right or option of repurchase; or (d) residential premises are purchased subject to conditions restricting the subsequent disposal of the premises; or (e) residential premises are occupied under any other scheme or arrangement prescribed for the purposes of this definition, but does not include any such scheme under which no resident or prospective resident of residential premises pays a premium in consideration for, or in contemplation of, admission as a resident under the scheme; service contract means a contract between an operator or former operator of a retirement village and a resident for the provision to the resident of — (a) hostel care; or (b) infirmary care; or (c) medical or nursing services; or (d) meals; or (e) administrative and management services; or (f) maintenance and repair services; or (g) recreation services or amenities or entertainment services or amenities; or (h) any other services, and any collateral agreement or document relating to the provision of any such service; Tribunal means the State Administrative Tribunal; working day means a day other than a Saturday, a Sunday or a public holiday. (2) For the purpose of determining whether a contract, agreement, scheme or arrangement is a residence contract as defined in subsection (1), it does not matter that the person granted the right of occupation is a corporation if the premises are used (or intended for use) as a residence by a natural person. [Section 3 amended: No. 57 of 1997 s. 39(10); No. 28 of 2003 s. 179; No. 55 of 2004 s. 1023; No. 28 of 2006 s. 139; No. 58 of 2010 s. 199; No. 36 of 2012 s. 4(1)-(3); No. 42 of 2024 s. 32, 48(1) and 49.] 4. Act binds Crown This Act binds the Crown. 5. Application of Act (1) Except as otherwise provided by or under this Act, this Act applies to retirement villages established either before or after the commencement of this Act. (2) This Act does not apply to a resident or prospective resident of a retirement village or to the operator of that retirement village if — (a) the operator is an "approved provider" as defined in the Aged Care Act 1997 Schedule 1 of the Commonwealth in relation to the residential premises used or intended to be used as a place of residence by the resident or prospective resident; and (b) the operator provides, or is to provide, the resident or prospective resident with "residential care" as defined in the Aged Care Act 1997 section 41‑3 of the Commonwealth; and (c) the resident or prospective resident is receiving, or is entitled to receive, residential care in respect of which the operator is eligible for a "residential care subsidy" as defined in the Aged Care Act 1997 Schedule 1 of the Commonwealth. [Section 5 amended: No. 69 of 2006 s. 34; No. 42 of 2024 s. 48(1).] 6. Contracting out (1) Subject to subsection (2) and without affecting the operation of sections 23(4) and 24(6), the provisions of this Act have effect despite any stipulation to the contrary in any contract, agreement, scheme or arrangement, and no residence contract or other contract, agreement or arrangement (whether oral or partly or wholly in writing) operates to annul, vary or exclude any of the provisions of this Act. (2) Unless this Act provides that this subsection does not have effect in relation to the provision concerned, a provision of this Act does not apply to a contract, agreement or arrangement made or entered into before the commencement of that provision. (3) A person must not enter into any contract, agreement or arrangement with the intention, either directly or indirectly, of defeating, evading or preventing the operation of this Act. Penalty for this subsection: a fine of $2 000. [Section 6 amended: No. 36 of 2012 s. 5; No. 42 of 2024 s. 48(1), 50 and 52.] 7. Effect of Act on other legislation The provisions of this Act are, except as otherwise provided by this Act, in addition to and do not derogate from the provisions of any other written law. Part 2 — Administration 7A. Commissioner (1) The Minister is required, by notice published in the Gazette, to designate a person who is an executive officer of the Department as the Commissioner for the purposes of this Act. (2) The Commissioner may be referred to by a title specified by the Minister by notice published in the Gazette. (3) In this section — executive officer has the meaning given by section 3(1) of the Public Sector Management Act 1994. [Section 7A inserted: No. 28 of 2006 s. 140.] 8. Functions of Commissioner (1) The Commissioner has the following functions for the purposes of this Act — (a) to investigate and conduct research into matters relating to or affecting retirement villages; (b) to publish reports and disseminate information on matters relating to retirement villages; (c) to give advice to consumers on the provisions of this Act; (d) to investigate and attempt to resolve complaints by residents and operators of retirement villages and to take action by negotiation, prosecution of any offence or otherwise; (e) to make reports to the Minister on matters referred to the Commissioner by the Minister and matters of importance investigated by the Commissioner, whether referred to the Commissioner by the Minister or not. (2) The Commissioner may approve forms for use under this Act. [Section 8 amended: No. 57 of 1997 s. 104; No. 28 of 2006 s. 141; No. 42 of 2024 s. 33 and 48(1).] 9. Commissioner may commence or defend proceedings for party (1) If a resident of a retirement village has made a complaint to the Commissioner and the Commissioner — (a) after investigating the complaint, is satisfied that the resident may have a right to commence or defend proceedings under this Act; and (b) is of the opinion that it is in the public interest that the Commissioner should commence, defend or assume the conduct of those proceedings on behalf of the resident, the Commissioner may commence, defend or assume the conduct of those proceedings. (2) The Commissioner must not commence, defend, or assume the conduct of, any proceedings under subsection (1) on behalf of a resident without first obtaining the written consent of the resident which once given is irrevocable except with the consent of the Commissioner. (3) In relation to any proceedings referred to in subsection (1) the following provisions apply — (a) the Commissioner has, on behalf of the resident of the retirement village, in all respects the same rights in, and control over, the proceedings, including the right to settle any action or part of any action, as the resident would have had in the conduct of those proceedings; and (b) the Commissioner may, without consulting or seeking the consent of the resident, conduct the proceedings in such manner as the Commissioner thinks appropriate and proper; and (c) in the case of proceedings already commenced by or against the resident, the Tribunal or the court hearing the proceedings must, on the application of the Commissioner, order that the Commissioner be substituted for the resident as a party to the proceedings, and may make such other orders or give such other directions in that behalf as the Tribunal or the court thinks fit; and (d) any moneys (excluding costs) recovered by the Commissioner are tobe paid to the resident without deduction and any amount awarded against the resident is payable by and recoverable from the resident, but in all cases the costs of the proceedings are to be borne by or paid to and retained by the Commissioner as the case may require; and (e) if any party to the proceedings alleges another cause of action, or if the resident on whose behalf the proceedings are being defended has another cause of action, the Tribunal or the court hearing the proceedings may, on the application of the Commissioner, order that the proceedings for the other cause of action be heard separately and that the party or the resident as the case may require be a party to those proceedings in the party's or the resident's own right and may make such other orders or give such other directions in that behalf as the Tribunal or the court thinks fit. (4) In any proceedings referred to in subsection (1), a document purporting to be signed by the Commissioner stating in respect of the proceedings that the Commissioner is satisfied that the resident may have a right to commence or defend proceedings under this Act and that it is in the public interest to commence, defend, or assume the conduct of, the proceedings, as the case may be, on behalf of the resident of the retirement village is, in the absence of proof to the contrary, proof that the Commissioner commenced, defended, or assumed the conduct of, the proceedings, as the case may be, in accordance with that subsection. (5) In any proceedings referred to in subsection (1) a document purporting to be the consent of the resident of the retirement village to the Commissioner commencing, defending, or assuming the conduct of, the proceedings, as the case may be, is, in the absence of proof to the contrary, proof of that consent. (6) Despite anything in this section, if the Tribunal or the court hearing the proceedings is satisfied whether on application by the resident or otherwise that any proceedings taken by the Commissioner under this section in the name of a resident are not in the interests of the resident the Tribunal or the court, as the case may be, must order that the proceedings are to be — (a) discontinued; or (b) continued so as not to affect the interests of the resident and only in accordance with such directions including directions as to costs, as the Tribunal or court, as the case requires, thinks just. (7) Any costs recovered by the Commissioner under subsection (3)(d) are to be credited to the Consolidated Account. (8) In this section resident includes a prospective resident or former resident. [Section 9 amended: No. 6 of 1993 s. 11; No. 49 of 1996 s. 64; No. 55 of 2004 s. 1044; No. 77 of 2006 s. 4; No. 42 of 2024 s. 34, 49, 51, 52 and 53(1).] 10. Delegation by Commissioner The Commissioner may by notice published in the Gazette delegate any of the Commissioner's functions under this Act (other than this power of delegation) to the holder of any specified office in the public service of the State or to any specified officer of an agency or instrumentality of the Crown. [Section 10 amended: No. 42 of 2024 s. 49.] 11. Protection of officers (1) In this section — statutory manager means a person appointed under section 75B and includes an agent of, or a person employed or engaged by, a statutory manager who is assisting the statutory manager in the performance of the functions of the statutory manager under this Act. (2) No liability attaches to the Commissioner or any delegate of the Commissioner, or any officer of the Department or a statutory manager for any act or omission by the Commissioner, the delegate, the officer or the statutory manager that occurred in good faith and in the performance or discharge or purported performance or discharge of the functions of the Commissioner, the Department or the statutory manager under this Act but, except as stated in subsection (3), this section does not relieve the Crown of any liability that it might have for the actions of such persons but for this section. (3) The Crown is relieved of any liability that it might otherwise have had for any act or omission, as described in subsection (2), by a statutory manager. [Section 11 amended: No. 36 of 2012 s. 6; No. 42 of 2024 s. 52.] 11A. Information officially obtained to be confidential (1) A person who misuses information obtained by reason of any function that person has, or at any time had, in the administration of this Act commits an offence. Penalty for this subsection: a fine of $20 000. (2) A person misuses information if it is, directly or indirectly, recorded, used, or disclosed to another person, other than — (a) in the course of duty; or (b) under this Act; or (c) for the purposes of the investigation of any suspected offence or the conduct of proceedings against any person for an offence; or (d) in a manner that could not reasonably be expected to lead to the identification of any person to whom the information refers; or (e) with the consent of the person to whom the information relates, or each of them if there is more than one. (3) In this section — information means information concerning the affairs of a person. [Section 11A inserted: No. 28 of 2006 s. 142; amended: No. 42 of 2024 s. 50.] 11B. Powers of investigation The Fair Trading Act 2010 section 61 and Part 6 of that Act apply to this Act. [Section 11B inserted: No. 58 of 2010 s. 190.] 12. Annual report (1) As soon as practicable after 30 June, but on or before 31 December, in each year, the Commissioner must prepare and forward to the Minister a report on the operation of this Act during that year. (2) The Minister must lay the report or cause it to be laid before both Houses of Parliament as soon as practicable after receiving the report. [Section 12 amended: No. 42 of 2024 s. 52.] Part 3 — Rights and obligations of residents, owners and operators [Heading amended: No. 42 of 2024 s. 48(2).] 13. Residence contract (1) A residence contract must be in writing. (2) At least 10 working days before a person enters into a residence contract, the owner must cause to be given to that person — (a) a statement in the prescribed form completed and signed by the owner containing the information required by the regulations; and (b) a notice in the prescribed form of the person's rights under this section and section 14; and (c) a copy of the residence rules; and (d) a copy of any applicable code; and (e) any other prescribed documents. Penalty for this subsection: a fine of $20 000. (3) If the owner is not an operator, the operator must, upon written application by the owner, provide that owner with such information and documents in the possession of the operator as will enable the owner to comply with subsection (2). Penalty for this subsection: a fine of $20 000. (4A) A person must not demand or receive any fee or charge for any information or document given under subsection (2) or (3). Penalty for this subsection: a fine of $5 000. (4) If a person enters into a residence contract, the contract is taken to include a warranty on the part of the owner of the correctness of the information contained in the statement given under subsection (2)(a) (subject to any written alteration to the statement made by the owner with the consent of the prospective resident on or before the signing of the residence contract by the owner), and that warranty prevails over any inconsistent contractual term. (5) A person, including an owner, must not, without the approval of the Commissioner — (a) make a representation to a person that is inconsistent with information contained in a statement given to that person under subsection (2)(a); (b) give to a person a statement under subsection (2)(a) that contains information that is inconsistent with a representation made by the owner to that person. Penalty for this subsection: a fine of $20 000. (6) In proceedings for an offence against subsection (5) it is a defence for the accused to prove — (a) being an owner, that any representation was made without the consent or knowledge of the owner; (b) being a person other than an owner, that the person believed the representation was true; (c) in any case, that the consent of the Commissioner was given in relation to the representation. (7) In this section owner means owner of the residential premises to which the residence contract relates. [Section 13 amended: No. 36 of 2012 s. 7; No. 42 of 2024 s. 35, 48(1), 49, 50, 51, 52 and 54.] 14A. Residence contracts to comply with prescribed requirements (1) The regulations may provide for provisions or matters that must be included, or provisions or matters that must not be included, in residence contracts or in residence contracts of a specified kind. (2) A person must not enter into a residence contract with a prospective resident unless the residence contract, otherwise than because of the operation of subsection (3) or (4), complies with any regulations made for the purposes of subsection (1). Penalty for this subsection:a fine of $20 000. (3) If regulations made for the purposes of subsection (1) provide that residence contracts or residence contracts of a specified kind must contain a provision in the terms specified in those regulations, a residence contract to which those regulations apply that does not include a provision in the specified terms is to be taken to include that provision. (4) If regulations made for the purposes of subsection (1) provide that any provision or matter must not be included in residence contracts or residence contracts of a specified kind, a residence contract to which those regulations apply that includes any provision or matter contrary to those regulations is void to the extent of the provision or matter. (5) The regulations may provide that section 6(2) does not have effect in relation to any specified regulations, or any specified provisions of regulations, made for the purposes of subsection (1). [Section 14A inserted: No. 36 of 2012 s. 8; amended: No. 42 of 2024 s. 50.] 14. Cooling‑off period (1) Subject to subsection (2) and section 75, a prospective resident is entitled to rescind a residence contract entered into by that person — (a) at any time within 7 working days after the date of the contract; or (b) if section 13(2) is not complied with — at any time before the expiration of 17 working days after the date on which the documents required under that section are given to the prospective resident. (2) A person is not entitled to rescind a residence contract under this section after entering into occupation of residential premises in a retirement village under the residence contract. [Section 14 amended: No. 36 of 2012 s. 9.] 15. Owner to deliver memorial (1) A person or association of persons whether incorporated or not must not use land for the purposes of a retirement village unless the land is under the operation of the Transfer of Land Act 1893. Penalty for this subsection: a fine of $20 000. (2) A breach of subsection (1) cannot be pleaded in bar to any claim for the repayment of a premium or any moneys under a contract of sale relating to any interest in the land. (3) Subject to subsection (6), if land is, or is proposed to be, used for the purposes of a retirement village, a memorial in the form approved by the Registrar of Titles containing such information as is prescribed must be lodged with the Registrar of Titles. (4) The owner of land used for the purposes of a retirement village must cause a memorial referred to in subsection (3) to be lodged with the Registrar of Titles — (a) if the retirement village was established or if the plan and specifications of the retirement village were approved under the Local Government (Miscellaneous Provisions) Act 1960 before the commencement of this section and paragraph (b) does not apply — within 3 months after the commencement of this section; and (b) in any other case — before entering into a contract which creates or gives rise to a right to occupy residential premises in the retirement village or inviting other persons to make applications, offers or proposals to enter into such a contract. Penalty for this subsection: a fine of $20 000. (5) Before a memorial is lodged under subsection (3) the owner must — (a) notify each person who holds a mortgage, charge or encumbrance over the land; and (b) if the memorial relates to a retirement village established, or for which the plan and specifications were approved under the Local Government (Miscellaneous Provisions) Act 1960, or for which a building permit was granted under the Building Act 2011, after the commencement of this section, obtain the consent of each such person to the registration of the memorial. Penalty for this subsection: a fine of $5 000. (6) A resident who has an interest in land used for the purposes of a retirement village either as a tenant in common or as an owner of a lot under the Community Titles Act 2018 or the Strata Titles Act 1985 is not required to lodge a memorial under subsection (3) so long as — (a) the interest of the resident is related only to the place in the retirement village occupied by the resident; and (b) the interest of the resident is not offered as security or the resident does not enter into a contract for the sale of that interest. (7) On receiving a memorial under subsection (3) and payment of the fee prescribed under the Transfer of Land Act 1893, the Registrar of Titles must register that memorial and endorse the Register within the meaning of that Act and, if appropriate, the relevant plan, to that effect in relation to the land to which the memorial relates. (8) If there is produced to the Registrar of Titles documents, if any, prescribed for the purposes of this subsection and the Registrar of Titles is satisfied that no part of the land to which a memorial relates is still used, or proposed to be used, for the purposes of a retirement village the Registrar of Titles must, upon application for cancellation of the memorial and payment of the fee prescribed under the Transfer of Land Act 1893, cancel the registration of the memorial and accordingly endorse the Register within the meaning of that Act and, if necessary, relevant plan, to that effect in relation to the land concerned. [Section 15 amended: No. 14 of 1996 s. 4; No. 81 of 1996 s. 153(1); No. 24 of 2011 s. 171; No. 32 of 2018 s. 239; No. 42 of 2024 s. 36, 50, 52 and 54.] 16. Occupation right not to be created unless memorial is lodged (1) A person must not invite other persons to make applications, offers or proposals to enter into a contract, which has or would have the effect of creating or giving rise to a right to occupy residential premises in a retirement village in respect of which a memorial is required to be lodged under section 15 and has not been so lodged. Penalty for this subsection: a fine of $20 000. (2) An owner must not enter into a contract which has or would have the effect of creating or giving rise to a right to occupy residential premises in a retirement village in respect of which a memorial is required to be lodged under section 15 and has not been so lodged. Penalty for this subsection: a fine of $20 000. (3) Subject to section 75, a person who is a resident and has entered into a contract in respect of which there has been a contravention of subsection (1) or (2) may rescind the contract not later than 6 months after that person becomes aware of the contravention. [Section 16 amended: No. 42 of 2024 s. 50 and s. 52.] 17. Termination of residence rights (1) A contract which is entered into between a resident and an owner of land used for the purposes of a retirement village and which creates or gives rise to a right to occupy residential premises in that retirement village binds the successors in title of the owners as if the successors had also entered into the contract and the right of occupation cannot be terminated unless — (a) the resident dies; or (b) the residence contract is terminated by the resident in accordance with the residence contract or under this Act; or (c) the resident abandons the residential premises; or (d) the residence contract is terminated by the Tribunal under this Act; or (e) the holder of a mortgage, charge or other encumbrance that was in existence before the commencement of this section becomes entitled to vacant possession of the premises in pursuance of rights conferred by the mortgage, charge or other encumbrance. (2) Sections 57, 65 to 70, the rights of termination of residence contracts under subsection (1)(a), (b), (c) and (d) and of recovery of possession of residential premises under this Act are subject to any rights of a resident of a retirement village — (a) arising because the resident is the owner of residential premises; or (b) acquired under a contract between the operator and the resident. (3) In this section successor in title includes a person who acquires any interest in or right affecting land or has a mortgage, charge or other encumbrance over land. [Section 17 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 48(1) and 53(1).] 18. Premiums (1) Subject to subsection (2), a premium paid to the operator must be held in trust (in a bank account or invested as trust funds may be invested under Part III of the Trustees Act 1962) until — (a) the person by or on whose behalf the premium was paid — (i) enters into occupation of the residential premises; or (ii) is entitled to enter into occupation of the residential premises and is no longer entitled to rescind the residence contract under section 14 because the applicable period referred to in that section has expired, whichever occurs first; or (b) it becomes apparent that that person will not enter into occupation of the residential premises. (2A) If — (a) a premium is paid to an operator and subsection (2) does not apply; and (b) the premium is not held in trust or invested as required by subsection (1), the operator is guilty of an offence. Penalty for this subsection: a fine of $20 000 (2) The Commissioner may, on the application of an operator, grant an exemption from subsection (1) if satisfied of the operator's capacity and willingness to provide residential premises in accordance with its obligations under the residence contracts. (3) An exemption may be conditional or unconditional, and if an operator contravenes or fails to comply with a condition of an exemption the operator is guilty of an offence. Penalty for this subsection: a fine of $5 000. (4) If the prospective resident does not enter into occupation of residential premises, any question affecting entitlement to or disposition of the premium must be determined by reference to the residence contract subject to the following qualifications — (a) if the prospective resident's failure to enter into occupation of residential premises is attributable to a failure on the part of the operator to carry out contractual obligations, interest and accretions arising from investment of the premium must be paid to the prospective resident; (b) in any other case, the operator is entitled to retain any such interest and accretions. (5) If — (a) a question affecting entitlement to or disposition of the premium is required by subsection (4) to be determined by reference to the residence contract and the operator fails to act in accordance with that requirement; or (b) interest and accretions arising from investment of the premium are required by subsection (4)(a) to be paid to the prospective resident and that interest and those accretions are not paid accordingly, the operator is guilty of an offence. Penalty for this subsection: a fine of $20 000. [Section 18 amended: No. 1 of 1997 s. 18; No. 36 of 2012 s. 10; No. 42 of 2024 s. 37, 48(1), 50 and 52.] 19. Contractual rights of residents (1) A service contract may be enforced against the operator, for the time being, of the retirement village. (2) Every term relating to the provision of a service to a resident under a service contract binds a resident and each successor in title of the resident until the term is varied or cancelled by the Tribunal under this Act. (3) If a premium is paid under a contract providing that it will be repaid in whole or in part on the happening of a contingency and the contingency occurs, the sum repayable must be paid — (a) if the place formerly occupied by the resident in the retirement village is subsequently occupied by another person — within 7 days of that other person taking occupation; (b) in any other case — within 45 days of the day on which the resident ceases to reside at that place in the retirement village. (4) Any amount not paid within the period referred to in subsection (3) may be recovered as a debt from the operator for the time being of the retirement village. (5) Subsection (3) does not apply to a residence contract unless — (a) the residence contract has been terminated in accordance with the terms of the residence contract; and (b) the resident does not have the right to appoint or nominate the resident's own agent for the purpose of disposing of the resident's interest in the retirement village. (6) Proceedings cannot be commenced against the owner of land used for the purposes of a retirement village for the enforcement of rights under subsection (1) or (2) unless — (a) the owner is a party to the contract under which the premium is repayable; or (b) the owner is the sole operator of the retirement village; or (c) an operator other than the owner has failed to satisfy a judgment given for the enforcement of those rights. (7) In subsection (2) service means a service referred to in the definition of service contract in section 3. [Section 19 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 38, 48(1), 49, 51, 52, 53(1) and 54.] 20. Charges (1) The rights of a resident to repayment of a premium, or part of a premium, under section 19 are a charge on land in the retirement village other than — (a) residential premises owned by a resident; or (b) any other prescribed part of, or interest in, a retirement village. (2) Subsection (1) has effect whether or not the charge is registered. (3) If the premium or part of a premium referred to in subsection (1) is paid after the time within which a memorial in respect of the land to which the charge relates is required to be lodged under section 15, the charge is a first charge on the land to which the charge relates, and has priority over all mortgages, charges or encumbrances created or arising after the creation of the charge, or created or arising before the creation of the charge but after the day on which a memorial in respect of the relevant land is registered under section 15. (4) If the premium or part of a premium referred to in subsection (1) was paid before the time within which a memorial in respect of the land to which the charge relates is required to be registered under section 15, the charge on the land to which the charge relates has priority over all mortgages, charges and encumbrances created or arising in relation to that land after the day on which a memorial in respect of the relevant land is registered under section 15. (5) Land which is charged under this section continues to be liable to the charge despite any change in ownership, and, subject to subsection (1) and section 19(6), the charge is enforceable against any operator for the time being of the land, whether or not that operator has notice of the charge. (6) The — (a) interests and rights mentioned in the proviso to section 68 of the Transfer of Land Act 1893; (b) interests and rights prescribed for the purposes of this subsection, have priority over a charge under this section. [Section 20 amended: No. 42 of 2024 s. 48(1).] 21. Enforcement of charge (1) A resident of a retirement village in respect of which there is a charge protecting the resident's right to repayment of a premium or part of a premium may apply to the Supreme Court for an order for enforcement of the charge. (2) On application by a resident in accordance with subsection (1) the Supreme Court may make an order for enforcement of the charge if it is satisfied that — (a) the resident has commenced proceedings against the operator for the time being of the land charged for the recovery of the resident's premium or part of a premium, has obtained judgment and has attempted to execute the judgment but is unable to obtain payment of the whole of the judgment debt; and (b) it is not contrary to the interests of any of the residents of the retirement village to make the order. (3) An order for enforcement of a charge may provide for the following matters — (a) the sale of the land charged; (b) a declaration that the charge is extinguished upon the completion of the sale of the land charged; (c) a determination of the amount secured by the charge; (d) a determination of the entitlements of residents to payments out of the proceeds of the sale of the land charged, having regard to the amount of each resident's refundable premium or part of a premium and the proportion which it bears to the total amount of premiums or parts of premiums secured by the charge; (e) the order in which the proceeds of sale are to be applied having regard to the matters set out in subsection (4). (4) Proceeds of sale are to be applied in the following order — (a) firstly, in payment of mortgages, charges and encumbrances which rank before the charge in priority unless the sale is subject to those mortgages, charges and encumbrances; (b) secondly, in payments of the costs incurred in applying for and obtaining the order for enforcement of the charge and in selling the land charged; (c) thirdly, in making payments to residents; (d) fourthly, in payment of any mortgages, charges and encumbrances which rank after the charge in priority; (e) fifthly, in payments to the person who owned the land charged immediately before an order was applied for. (5) An order for enforcement of a charge may contain such incidental and consequential provisions as the Court may decide. [Section 21 amended: No. 42 of 2024 s. 39, 48(1) and 51.] 22. Termination of retirement village scheme (1) A retirement village scheme cannot be terminated without the approval of the Supreme Court while a person who has been admitted to occupation of residential premises under the scheme remains in occupation of those premises. (2) The Commissioner is a party to any proceedings in which the Supreme Court's approval of the termination of a retirement village scheme is sought. (3) If the Supreme Court approves the termination of a retirement village scheme it may make such orders as it thinks necessary to protect the interests of existing residents. [Section 22 amended: No. 42 of 2024 s. 40.] 23. Recurrent charges payable by former residents (1) In this section — former resident means a former resident of a retirement village who has permanently vacated residential premises in the retirement village and who does not have an interest in the retirement village as a tenant in common or as an owner of a lot under the Community Titles Act 2018 or the Strata Titles Act 1985 in relation to the residential premises in the retirement village that he or she formerly occupied; permanently vacated, in relation to a former resident and residential premises in a retirement village, means that — (a) if required by the residence contract — the operator has been given notice of the former resident's intention to vacate the residential premises; and (b) the goods and belongings of the former resident have been removed from the residential premises; and (c) the former resident has ceased to reside in the residential premises; and (d) the right to exclusively occupy the residential premises has been given up by the former resident (or, if the former resident is deceased, by the estate of the former resident) by returning the keys to the residential premises to the operator; recurrent charges, except in subsection (6), means recurrent charges — (a) that are payable in respect of the residential premises in a retirement village that a former resident formerly occupied; and (b) that arise — (i) after those premises have been permanently vacated by the former resident; and (ii) on or after the commencement of the Retirement Villages Amendment Act 2012 section 11. (2) This section applies to a former resident of residential premises in a retirement village, whether that former resident permanently vacated those premises before or after the commencement of the Retirement Villages Amendment Act 2012 section 11. (3) Subject to subsection (4), a former resident's liability to pay recurrent charges — (a) begins when the residential premises have been permanently vacated by the former resident; and (b) ceases in accordance with the regulations. (4) If a former resident's residence contract provides for the former resident's liability to pay recurrent charges to cease at a time that would occur before the time provided for in regulations made for the purposes of subsection (3)(b), that liability ceases in accordance with that contract. (5) The operator of a retirement village must pay recurrent charges, at the time when a former resident would have been required to pay those charges if the former resident were still liable to pay them, that are payable in respect of the period that — (a) begins when the former resident's liability to pay the recurrent charges ceases in accordance with regulations made for the purposes of subsection (3) or with the residence contract referred to in subsection (4), as the case requires; and (b) ceases when a new resident of the residential premises becomes liable to pay the recurrent charges. (6) The operator must not seek to recover from the residents of the retirement village, by increasing the recurrent charges payable by them or by demanding or receiving from them any additional fee or charge, any amount payable by the operator under subsection (5). Penalty for this subsection: a fine of $20 000. (7) Section 6(2) does not have effect in relation to this section. [Section 23 inserted: No. 36 of 2012 s. 11; amended: No. 32 of 2018 s. 240; No. 42 of 2024 s. 48(1) and 50.] 24. Recurrent charges may be deducted from premium repayable to former resident (1) In this section — former resident has the meaning given in section 23(1); recurrent charges means recurrent charges — (a) that are payable in respect of the residential premises in a retirement village that a former resident formerly occupied; and (b) that arise — (i) after those premises have been permanently vacated by the former resident; and (ii) on or after the commencement of the Retirement Villages Amendment Act 2012 section 11. (2) If a premium is repayable in whole or in part to a former resident, the former resident may elect, by notice in writing given to the operator of the retirement village, to pay any recurrent charges for which he or she is liable (including any interest payable in respect of those charges under subsection (4)) by their deduction from the amount of premium repayable. (3) A former resident who elects to pay recurrent charges under subsection (2) may give the notice to the operator at any time after the former resident has permanently vacated the residential premises that he or she formerly occupied. (4) Subject to subsection (6) and to any regulations made for the purposes of this subsection, a former resident who elects to pay recurrent charges under subsection (2) is liable to pay interest to the operator in respect of those charges if the effect of that election is to defer the payment of the charges. (5) Interest is payable — (a) from the time the recurrent charges would, apart from subsection (2), be payable by the former resident until their deduction from the premium repayable to the former resident; and (b) at the rate determined in the prescribed manner. (6) If — (a) the operator and the former resident agree to a rate of interest that is lower than the rate referred to in subsection (5)(b); or (b) the former resident's residence contract specifies a rate of interest for the purposes of this section that is lower than the rate referred to in subsection (5)(b), interest is payable by the former resident at that lower rate. (7) If the effect of the election under subsection (2) is to defer the payment by a former resident of any recurrent charges, the operator — (a) must pay the recurrent charges at the time when the former resident would have been required to pay those charges apart from subsection (2); and (b) may deduct the amount paid from the premium that is repayable to the former resident. (8) A former resident is to be taken to have paid any recurrent charges in respect of which a deduction is made from the premium that is repayable to the former resident. (9) If a former resident elects to pay any recurrent charges under subsection (2), the operator must not demand or receive payment of those charges otherwise than in accordance with that election. Penalty for this subsection: a fine of $20 000. (10) Section 6(2) does not have effect in relation to this section. [Section 24 inserted: No. 36 of 2012 s. 11; amended: No. 42 of 2024 s. 48(1) and 50.] 25. Operator not to require payment in respect of prescribed matters (1) The operator of a retirement village must not demand or receive payment from a resident or former resident in respect of any matter prescribed for the purposes of this section. Penalty for this subsection: a fine of $20 000. (2) Section 6(2) does not have effect in relation to this section. [Section 25 inserted: No. 36 of 2012 s. 11; amended: No. 42 of 2024 s. 48(1) and 50.] Part 4 — Resolution of disputes Division 1 — General [Heading inserted: No. 55 of 2004 s. 1024.] [26. Deleted: No. 55 of 2004 s. 1025.] [Divisions 2 and 3 (s. 27‑37) deleted: No. 55 of 2004 s. 1026.] [Heading deleted: No. 55 of 2004 s. 1027.] [38‑41. Deleted: No. 55 of 2004 s. 1028.] 42. Use of other means of resolution The State Administrative Tribunal may decline to entertain an application if it considers that the matter in dispute could be adequately dealt with under an applicable code or applicable residence rules or by negotiation by the Department under section 8(1)(d). [Section 42 amended: No. 55 of 2004 s. 1029.] [43. Deleted: No. 55 of 2004 s. 1030.] 44. Extension of time (1) Despite any other provision of this Act, the Tribunal may, on application by any person, extend or reduce the period of time for the doing of anything under an applicable code, this Act or the regulations. (2) An application referred to in subsection (1) may be made even though the relevant period of time has expired. [Section 44 amended: No. 55 of 2004 s. 1031; No. 8 of 2009 s. 110; No. 42 of 2024 s. 41 and 53(1).] [45‑47. Deleted: No. 55 of 2004 s. 1032.] 48. Reference of certain matters concerning operators The Tribunal may, if it considers it appropriate, bring or cause to be brought to the attention of the Commissioner the conduct of the operator of a retirement village in a particular matter before the Tribunal. [Section 48 amended: No. 55 of 2004 s. 1033 and 1044; No. 42 of 2024 s. 48(1), 53(1) and 54.] [49‑51. Deleted: No. 55 of 2004 s. 1034.] Division 5 — Orders by Tribunal [Heading amended: No. 55 of 2004 s. 1035; No. 42 of 2024 s. 53(2).] 52. Limits on order by Tribunal (1) The Tribunal must not make orders under this Act that are — (a) inconsistent with any applicable code; or (b) inconsistent with a residence contract. (2) Subsection (1) does not apply to a provision of a residence contract that contravenes section 6. (3) Subsection (1)(b) does not apply to — (a) an order made under section 55(3) or 57A(4) or Part 5A; or (b) if the order is made in relation to a residence contract — an order made under section 56(4). [Section 52 amended: No. 55 of 2004 s. 1044; No. 36 of 2012 s. 12; No. 42 of 2024 s. 52 and 53(1).] [53. Deleted: No. 55 of 2004 s. 1036.] 54. Jurisdiction of Tribunal if title to land in question Except as provided in section 75, the Tribunal does not have jurisdiction under this Act to determine any question as to the title of land. [Section 54 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 53(1).] 54A. Jurisdiction of Tribunal under Community Titles Act 2018 Section 54 does not derogate from the jurisdiction of the Tribunal under the Community Titles Act 2018 in respect of a retirement village that is also a community titles scheme. [Section 54A inserted: No. 32 of 2018 s. 241.] 54B. Jurisdiction of Tribunal under Strata Titles Act 1985 Section 54 does not derogate from the jurisdiction of the Tribunal under the Strata Titles Act 1985 in respect of a retirement village that is also a strata titles scheme. [Section 54B inserted: No. 30 of 2018 s. 184.] 55. Disputes in relation to residence contracts (1) If a dispute arises between the parties to a residence contract as to the residence contract's compliance with a requirement of regulations made for the purposes of section 14A(1) — (a) either party to the residence contract; or (b) if the dispute has been brought to the attention of the Commissioner — the Commissioner, may make an application in relation to the matter to the Tribunal. (2) If the Tribunal is of the opinion that an order, if made under subsection (3), may be relevant to other residence contracts (including residence contracts that relate to another retirement village), the Tribunal — (a) may order the operator of a retirement village or other person to provide the Tribunal with specified information or documents in relation to any residence contract; and (b) on its own initiative or at the request of the operator or other person — may order that the operator or other person be joined as a party to the proceedings. (3) The Tribunal may, on an application made under this section, order — (a) the variation or cancellation of any of the terms of the residence contract, as specified in the order; (b) specific performance of the residence contract; (c) the payment of a sum of money, and may make such other orders as the Tribunal considers appropriate and may declare that the order applies to any residence contracts specified in the order, and the order is to have effect accordingly. (4) Subsection (2) does not limit the State Administrative Tribunal Act 2004 section 35 or 38. [Section 55 inserted: No. 36 of 2012 s. 13; amended: No. 42 of 2024 s. 48(1), 51 and 53(1).] 56. Disputes in relation to service contracts (1A) A reference in this section to a service contract includes a reference to a residence contract but only to the extent that the residence contract provides for the provision to a resident of a service or amenity that may be provided to the resident under a service contract. (1) If — (a) a party to a service contract proposes a variation or cancellation in relation to any of the terms of a service contract, whether during or on the expiry of its term; or (b) a dispute arises between the parties to a service contract, either party to the service contract may make an application in relation to the matter to the Tribunal. [(2) deleted] (3) If the Tribunal is of the opinion that an order, if made under subsection (4), may be relevant to other service contracts (including service contracts that relate to another retirement village), the Tribunal — (a) may order the operator of a retirement village or other person to provide the Tribunal with specified information or documents in relation to any service contract; and (b) on its own initiative or at the request of the operator or other person — may order that the operator or other person be joined as a party to the proceedings. (4) The Tribunal may upon application made under this section order — (aa) the variation or cancellation of any of the terms of the service contract, as specified in the order; (a) specific performance of the service contract; (b) the payment of a sum of money, and make such other orders as the Tribunal considers appropriate and may declare that the order applies to such service contracts as are specified in the order and the order has effect accordingly. (5) Subsection (3) does not limit the State Administrative Tribunal Act 2004 section 35 or 38. [Section 56 amended: No. 55 of 2004 s. 1037 and 1044; No. 36 of 2012 s. 14; No. 42 of 2024 s. 48(1), 51, 52, 53(1) and 54.] 57A. Disputes in relation to recurrent charges or levy payable by residents (1) This section applies if a dispute arises between the residents of a retirement village and the operator of the retirement village regarding an increase in recurrent charges or the imposition of a levy. (2) If the residents pass a special resolution that authorises the application to be made, the residents may make an application in relation to the matter in dispute to the Tribunal. (3) In subsection (2) — special resolution means a resolution passed at a meeting of the residents of a retirement village that is held in accordance with the requirements in an applicable code for passing a special resolution. (4) The Tribunal may, on an application made under this section, make such orders as the Tribunal considers appropriate. (5) This section does not limit the matters in relation to which an application may be made under section 56. (6) Section 6(2) does not have effect in relation to this section. [Section 57A inserted: No. 36 of 2012 s. 15; amended: No. 42 of 2024 s. 42, 48(1) and 53(1).] 57. Applications relating to transfer of residents (1) If a resident of a retirement village claims that — (a) a dispute has arisen between the resident and the operator as to whether the resident should be transferred from one kind of accommodation in the village to another; and (b) all procedures for settlement of the dispute under any applicable code and this Act (otherwise than by reference of the dispute to the Tribunal) have been exhausted without resolving the dispute to the satisfaction of the resident or, if there are no such procedures, the dispute has not been resolved, the resident may apply to the Tribunal for an order in respect of the dispute. (2) The Tribunal may, on application by a resident under this section, make one or more of the following orders — (a) an order that — (i) restrains the operator from transferring the resident from one kind of accommodation in the retirement village to another; or (ii) requires the resident to transfer, or the operator to transfer the resident, from one kind of accommodation in the retirement village to another; or (b) an order terminating the residence contract of the resident. (3) If the Tribunal makes an order terminating a residence contract under this section, the Tribunal must fix in the order a date by which the resident must vacate the residential premises. (4) In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator. (5) An application under this section may be made during the currency or after the termination of a residence contract. (6) For the purpose of determining any application under this section, the Tribunal may — (a) with the consent of the resident, request the chief executive officer of the Department as defined in section 3 of the Health Legislation Administration Act 1984 or any other person or any body to prepare a report with respect to the resident's physical or mental capacity; and (b) have regard to any such report and any other report prepared on behalf of the resident or the operator of the retirement village. [Section 57 amended: No. 55 of 2004 s. 1044; No. 28 of 2006 s. 143; No. 42 of 2024 s. 48(1), 52 and 53(1).] 58. Termination of occupation on medical grounds (1) If the operator of a retirement village is of the opinion that residential premises occupied by a resident of the retirement village are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident, the operator may apply to the Tribunal for an order terminating the resident's residence contract and fixing a date by which the resident must vacate the residential premises occupied by the resident. (2) The Tribunal may, on application by an operator under this section, make an order terminating the residence contract, but only if the Tribunal is satisfied that any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the contract have been followed by the operator and the Tribunal is of the opinion that — (a) the residential premises occupied by the resident are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident; or (b) having considered the circumstances of the case, it is otherwise appropriate to make an order terminating the residence contract. (3) In determining whether to terminate a residence contract under this section, the Tribunal may — (a) with the consent of the resident, request the chief executive officer of the Department as defined in section 3 of the Health Legislation Administration Act 1984 or any other person or any body to prepare a report with respect to the resident's physical or mental capacity; and (b) have regard to any such report and any other report prepared on behalf of the resident or the operator. (4) If the Tribunal makes an order terminating a residence contract under this section, the Tribunal must fix in the order a date by which the resident must vacate the residential premises occupied by the resident. (5) In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator. [Section 58 amended: No. 55 of 2004 s. 1044; No. 28 of 2006 s. 143; No. 42 of 2024 s. 48(1), 52 and 53(1).] 59. Termination of occupation on grounds of breach of residence contract or rules (1) If — (a) a resident of a retirement village breaches the resident's residence contract or the residence rules of a retirement village; and (b) any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the residence contract have been complied with by the operator of the retirement village, the operator may apply to the Tribunal for an order terminating the contract and fixing a date by which the resident must vacate the residential premises occupied by the resident. (2) The Tribunal may, on application by an operator under this section, make an order terminating the residence contract, but only if the Tribunal is satisfied that — (a) the breach, in the circumstances of the case, is such as to justify termination of the contract; or (b) persistent breaches by the resident are, in the circumstances of the case, such as to justify termination of the contract; or (c) having considered the circumstances of the case, it is otherwise appropriate to do so. (3) If the Tribunal makes an order terminating a residence contract under this section, the Tribunal must fix in the order a date by which the resident must vacate the residential premises occupied by the resident. (4) In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator. [Section 59 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 48(1), 52 and 53(1).] 60. Parties to minimise loss from breach of residence contract (1) The rules of law relating to mitigation of loss or damage on breach of a contract apply to a breach of a residence contract. (2) This section does not affect the operation of section 69(2) (which also deals with mitigation of loss). [Section 60 amended: No. 42 of 2024 s. 43.] 61. Tribunal may waive defect in notice of intention to terminate The Tribunal may, if the Tribunal thinks it appropriate to do so in the special circumstances of the case, make an order terminating the residence contract under section 58 or 59 even though any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract have not been complied with. [Section 61 amended: No. 55 of 2004 s. 1044; No. 42 of 2024 s. 53(1).] 62. Tribunal may terminate residence contract if resident causes serious damage or injury (1) The Tribunal may, on application by the operator of a retirement village, make an order terminating a residence contract if the Tribunal i