New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 123

123 Jurisdiction of Tribunal

(1) A resident of a retirement village may apply directly to the Tribunal for an order in relation to any village contract (being a contract to which the resident is a party) that the resident considers to be harsh, oppressive, unconscionable or unjust.

(2) The Tribunal has, and may exercise--

(a) jurisdiction to determine any application made to it under this section, and

(c) the same jurisdiction as the Supreme Court, and all the powers and authority of the Supreme Court, in proceedings in which relief under the Contracts Review Act 1980 is sought in relation to a contract between an operator of a retirement village and a resident of the village.

Note : Under the Contracts Review Act 1980 , the Supreme Court may (among other things) refuse to enforce any or all of the provisions of the contract concerned or make an order declaring the contract void (in whole or in part) or varying (in whole or in part) any provision of the contract. It may also make orders with respect to any consequential or related matter, such as orders for the payment of money (whether or not by way of compensation) to a party to the contract and orders for the supply of services.

(3) This section does not authorise the Tribunal to exercise the powers conferred by section 10 of the Contracts Review Act 1980 .

Note : Section 10 of the Contracts Review Act 1980 allows the Supreme Court, in certain circumstances, to prescribe or otherwise restrict the terms on which certain persons may enter into contracts of a specified class.

(4) This section does not affect any jurisdiction of the Supreme Court under the Contracts Review Act 1980 in relation to contracts between operators and residents of retirement villages.