New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 182AG

182AG Operator must make accommodation payments if requested

(1) An operator of a retirement village who is requested to make an accommodation payment on behalf of a former occupant under section 182AF must make the accommodation payment to the approved provider of the aged care facility in which the former occupant resides or proposes to reside.

(2) The operator must make the first accommodation payment--

(a) for a former occupant who proposes to enter an aged care facility--at least 28 days before the date on which the former occupant proposes to enter the aged care facility, or

(b) for a former occupant who has entered an aged care facility--within 28 days after the former occupant's request under section 182AF.

(3) However, an operator is not required to make an accommodation payment on behalf of a former occupant--

(a) if the former occupant becomes entitled to a payment under section 180 because the residential premises are sold, or

(b) if the former occupant requests the operator to cease making the payment, or

(c) if the former occupant dies, or

(d) if the operator has paid 85% of the prescribed component of the former occupant's exit entitlement, or

(e) for a former occupant who proposed to reside in an aged care facility--if the former occupant does not enter the aged care facility, or

(f) in other circumstances prescribed by the regulations.

(4) An operator who is not required to make an accommodation payment on behalf of a former occupant under subsection (3) must give written notice to--

(a) the former occupant, and

(b) if the operator has previously made an accommodation payment to the approved provider of an aged care facility on behalf of the former occupant--the approved provider.

(5) The regulations may make provision for the following--

(a) the keeping of records by an operator who makes an accommodation payment,

(b) the provision of information by an operator to a former occupant in relation to the payment of an accommodation payment.

(6) An operator must not, unless the Tribunal makes an order under section 182AH, fail to make an accommodation payment required under this section.

: Maximum penalty--100 penalty units for a corporation or 50 penalty units for an individual.