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kmslaw
kmslaw, Solicitor
Category: Australia Law
Satisfied Customers: 195
Experience:  I have 15 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
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Do the amendments to the Retirement Villages Act 1999 and

Customer Question

Do the amendments to the Retirement Villages Act 1999 and Retirement Villages Regulation 2009 which took effect on 1st March 2010 apply to all states in Australia?
Submitted: 9 months ago.
Category: Australia Law
Expert:  kmslaw replied 9 months ago.

Hello my name is***** am a solicitor in NSW who is going to help with your inquiry today. Where did you get this information from? Only New South Wales and Queensland have Acts and Regulations with those titles (the years in particular) and neither of those States' legislation have amendments that commenced on 1 March 2010. So perhaps if you could lead me to where you obtained this information from, I can get to the bottom of what is going on for you.

The only way that I can see that any of the New South Wales or Queensland legislation could have an amendment commencing on that date is if the legislation was crafted to apply retrospectively, which would be extremely unusual and contrary to the rule of law and probably a reason for challenging that legislation. So maybe just enlighten me as to where you got your information from first and we'll take it from there.

Customer: replied 9 months ago.
Hi thanks for your response. I got the information from this link.
http://www.emilford.com.au/imagesDB/wysiwyg/Websiteversion_1.pdf
I'm using my husbands email account, is it possible for you to email your response to my email at***@******.***?
Thanks
Sarah
Expert:  kmslaw replied 9 months ago.

Firstly, sorry for the reply so late. For some reason this page wouldn't load for me yesterday so I couldn't reply.

It all makes sense to me now. The amendments were made in an Act in 2008 which didn't commence until 2010, which you will find here. There was also a Regulation commencing on the same date.

However, you should be very cautious about relying on this paper you have found online, as there have been amendments to the Act and Regulation since that date. Your best bet is to follow the consolidated version of the Act and Regulation with all its current amendments, which you will find here and here. What this means is that some of what is spoken of in the paper may have already changed again, even if so slightly.

I will email this response to you also.

I hope this has helped you today.

Expert:  kmslaw replied 9 months ago.

In your message to me via email you wrote:

"Hello Kylie
Thank you for your reply. My question was to find out if the information I found applied to all States in Australia or just NSW. I'm in Queensland, I live in a retirement village and questions about costs that are being passed onto us by our scheme operator have been raised. I was looking to find out if those changes I read about applied here or not. I didn't actually get an answer to that question. If they do apply to Queensland as well can you tell me where I go to get specific information about the charges our scheme operator is applying to us?
Thanks
Sarah"

My answer is: The legislation is NSW legislation so it doesn’t apply to Queensland. It is also outdated information.

Customer: replied 9 months ago.
can you tell me where I go to get the information I need for Queensland?
Expert:  kmslaw replied 9 months ago.

Yes the Retirement Villages Act 1999 is here for Queensland and the Regulation is here. Has that helped you? If so, don't forget to rate my answer.