New South Wales Consolidated Acts

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Secretary may issue warning notices

189A Secretary may issue warning notices

(1) The Secretary may authorise publication of a notice warning persons of particular risks involved in dealing with a specified operator of a retirement village or with a person who appears to be the operator of a retirement village.
(2) For example, a notice may relate to the risks involved in dealing with an operator or person who has a history of unconscionable conduct in the operator's or person's dealings with consumers.
(3) The Secretary may authorise the publication of such a notice in any one or more of the following ways--
(a) to any persons making inquiries to the Secretary about the person concerned,
(b) by advertisement by the use of any medium,
(c) to any media representatives.
(4) Publication of such a notice may not be authorised unless an investigation has been conducted by the Secretary (whether or not the investigation is in relation to a complaint).
(5) Before authorising the publishing of such a notice, the Secretary must give the person concerned an opportunity, for a period of not less than 48 hours, to make representations to the Secretary about the proposed notice unless the Secretary is not able, after making reasonable efforts to do so, to contact the person promptly and advise the person of the opportunity to make representations.
(6) The opportunity to make representations is not required to be given if, in the opinion of the Secretary, there is an immediate risk to the public.
(7) No liability is incurred by any person for publishing in good faith--
(a) a notice under this section, or
(b) a fair report or summary of such a notice.

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