Legislation of the Anglican Church in Victoria

Repeal



Definitions















Incorporation

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This Act may be cited as “The Retirement Villages Act 2003”.

The Retirement Villages Act 1972-1996 shall be repealed except as to any operation already effected by or act done under the same or as to any right title obligation or liability already acquired or accrued thereunder.

In this Act the following unless a contrary intention appears or if not inconsistent with the context shall have the meanings hereinafter respectively assigned:

“Retirement Village” means any aged care facilities established for
charitable purposes comprising independent living units or
Commonwealth of Australia funded hostels or nursing homes
which are erected on diocesan land.

“Trustees” means the appropriate one of the Wangaratta Diocesan
Trustees or The Wangaratta Diocesan Trustees (N.S.W.).

“Bishop in Council” means the Bishop acting with the consent of
the Council named in or appointed or elected under the Council
of the Diocese Act 1916-1995.

Each erected or to be erected Retirement Village shall be incorporated under the Corporations Law of the Commonwealth of Australia or under the law or the State of Victoria or the State of New South Wales for the incorporation of associations or under a statute of the State of Victoria or of the State of New South Wales specially enacted with such constitution or with such statement of purpose and rules of such constitution as the Bishop in Council shall approve.

Lease












Indemnity Insurance








Resident Agreement






Half yearly Reports

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Each Retirement Village on incorporation as aforesaid shall execute, as Lessee, a Lease to it from the Trustees of the land on which the facilities of the Retirement Village erected or to be erected such Lease to be for such rental and term and subject to such covenants and conditions as the Bishop in Council shall approve. Without affecting the generality thereof, these conditions shall include one whereby the Lessee is required to obtain, from an insurance company or broker approved by the Bishop in Council, a policy or policies of insurance in the names of the Lessee and the Trustees, to indemnify itself and the Trustees against liability for the following risks:

General public risk, Products liability, Professional indemnity, Officials indemnity and Voluntary Workers accidental death and/or disability and that any changes or extensions to any such policy or policies shall not be effected without the prior consent of the Trustees first had and obtained. The Retirement Village, year by year, shall provide to the Bishop in Council a currency certificate for such insurance from the insurance company or broker which certificate shall specify the risks covered, the amount of cover for each item and the period of cover.

Prior to a Resident entering into occupation of a Unit in a Retirement Village, the Trustees (as Landowner of the land on which the facilities of the Retirement Village are erected), each Retirement Village (as Operator of the Village), and each Resident shall execute an Agreement under seal (Lease) which Lease shall contain such covenants and conditions as the Bishop in Council shall approve.

Each Retirement Village shall deliver to the Bishop in Council a report in writing for each half year ending 30^th June and 31^st December within two months of the report period which report shall set out activity, staffing and financial details and any other matters on which the Retirement Village considers should be reported or on which the Bishop in Council specifically requires the Retirement Village to provide.

The Trustees as the registered owner of the land on which each Retirement Village is erected shall deliver, not later than 28^th February of each year, to the Bishop in Council in respect of each Retirement Village a certificate covering the preceding year ending 31^st December certifying compliance of such landowner of their obligations prescribed by the Retirement Villages Act 1986 (Victoria) or the Retirement Villages Act 1989 (New South Wales) as the case may be or the Aged Care Act 1997.

Retirement Villages Association

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Passed : 31^st May 2003
Assented to: 13^th June 2003