New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 21

21 Waiting list fee

(1) The operator of a retirement village must not require or accept any waiting list fee unless--

(a) the fee does not exceed $200 (or such other amount as may be prescribed by the regulations), and

(b) the operator has a written policy setting out the way in which the waiting list operates, and

(c) the operator gives to the person who pays the fee, at the time payment is made, a copy of the policy and a receipt for the payment.

: Maximum penalty--100 penalty units.

(2) If a waiting list fee is paid by or on behalf of any person, the operator must deduct the amount of the fee from any ingoing contribution payable by the person concerned (unless the fee is refunded in accordance with this section). If no ingoing contribution is payable, the waiting list fee must be refunded no later than at the time the person concerned first enters into a village contract with the operator.

(3) A waiting list fee must be refunded in full no later than 14 days after the operator receives a written request for a refund from the person (or from the executor or administrator of the person's estate) by or on whose behalf the fee was paid.

(4) If a waiting list fee is not refunded as required by this section, the person to whom the refund is payable may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to refund the fee.

(5) In this section,
"waiting list fee" means any payment made to the operator other than--

(a) an ingoing contribution, or

(b) a holding deposit, or

(c) a payment under a village contract.