Notice to Residents of the Residential Care Facility by deafeningbuzz

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									 Notice to Residents of the Residential Care Facility
 Retirement Village and Residential Care Facility
 Retirement Villages Act 1986 Sections 47 and 48
Name and address of retirement village/residential care facility




Name and address of owner



Owner's contact telephone number
This notice relates to all the land in:
Volume:                           Folio:                        or that part of the land as shown in the attached survey plan.

To the resident of the residential care facility
As you know, there is both retirement village and aged care accommodation on the land described above.
As the owner, I am writing to you to tell you about recent changes to the Retirement Villages Act.
Until recently, residents were covered by both the Retirement Villages Act and the Commonwealth Aged Care Act.

As of [insert Nominated Date]                                   all residents of the aged care accommodation were approved as
aged care recipients and the aged care accommodation is now classified as a residential care facility. As a resident of the
residential care facility, you are no longer covered by the Retirement Villages Act. However you are still protected by the
Commonwealth Aged Care Act 1997.
The purpose of this notice is to inform you that I am applying to the Director of Consumer Affairs to remove:

    The charge over the residential care facility land only

    The notice relating to the residential care facility land only

    Both the notice and charge over the residential care facility land

If there is a charge over the retirement village land
When the residential care facility was still considered part of the retirement village, a 'charge' was created over the retirement
village land to secure refunds of ingoing contributions including bonds. When a resident left and their refund of an ingoing
contribution was not paid they could sue the owner and if the owner did not or could not pay, as a last resort, residents could
go to the Supreme Court to ask it to enforce the charge, sell the land and give the refunds to residents.
How removal of the charge affects you
Current residential care facility residents are not affected by removal of the charge over the part of the land occupied by the
residential care facility. They can no longer enforce the charge in any case because the Retirement Villages Act no longer
applies to them. However, any bond paid under a resident's accommodation contract is still protected by the Aged Care Act
(for example, there must be insurance to cover bond refunds).
If there is notice relating to the retirement village land
The notice is recorded on the Certificate of Title and indicates that the retirement village land is subject to the Retirement Villages Act.
If the notice is removed from the residential care facility land, the Certificate of Title will no longer specify that a retirement
village is on the residential care facility land.
To my knowledge, there are no current legal proceedings by any resident to obtain a refund or enforce the charge.
What you need to do
You do not need to do anything about this notice unless:
• You believe any information in this notice is incorrect, for example all residents were not approved as aged care recipients on
   the stated date above or if the aged care accommodation is not a residential care facility.
• There are current proceedings by a resident to obtain a refund or enforce the charge; or
• Not all residents have been served with this notice.
If any of these apply, you should contact Consumer Affairs Victoria on 1300 55 81 81.
If you do not fully understand what this notice means, you should ask the owner to explain. If you still need further help telephone
Consumer Affairs Victoria on 1300 55 81 81.

Signature of owner
                                                                      Date

                                                                                                                             CAV 111 (13/4/05)

								
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