Access to operational documents by resident or prospective resident

About this article

This article explains, what is an operational document and how it is accessed by a resident or a prospective resident.

Background

The Retirement Villages Act 1999 prescibes that a resident or prospective resident may ask the scheme operator to allow them to inspect or request a copy of an operational document.

What is an operational document?

An operational document is a document relating to the operation of a village and is one of those specified in Schedule 5 of the Retirement Villages Regulation 2018.  A resident or a prospective resident must be given access to an operational document on request to a scheme operator.  Note that, an operational document may be either–

  • a document which is easily accessible as it would usually be on hand with the scheme operator (manager) at the village – for example, a by-law made under s 130 of the Retirement Villages Act 1999; or
  • a document which may not be on hand at the village, and therefore must be sourced elsewhere for provision by the scheme operator – for example, a current title search for village land or a development application relevant to village land may take more time to be available at the village office.

Of note, operational documents include, among other things, the following documents –

  • the residence contract for each accommodation unit
  • the public information document (PID), where applicable, for each accommodation unit
  • a current title search for village land.

How do I access an operational document?

A request to access operational documents must be made in writing, to the scheme operator.  The request must state –

  • the person’s name
  • whether the person is a resident or a prospective resident
  • a reasonable time, which is at least 7 days after the request is given to the operator, for the documents to be accessed.

Where a regulatory fee is applicable, it must accompany the request.

The scheme operator must comply with your request, unless those same documents were given to the you in the previous 30 days and there have been no material changes made to those documents.

The scheme operator must not give, as part of an operational document, any personal information about another person.

Do I pay to access an operational document?

The regulation provides that a fee is payable to the scheme operator for either inspecting or taking a copy of the scheme operator’s copy of –

  • your residence contract; or
  • public information document (PID) relevant to your residence contract.

There is no fee payable for accessing other operational documents.