New South Wales Consolidated Acts

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Resident to enter village contract

24 Resident to enter village contract

(1) The operator of a retirement village must not permit a prospective resident of the village to occupy residential premises in the village before the prospective resident enters into at least one of the following contracts with the operator in writing--
(a) a residence contract,
(b) a service contract.
: Maximum penalty--50 penalty units.
Note : A residence contract, a service contract and any other village contract may be contained in a single document.
(2) However, a prospective resident may occupy residential premises in the village without entering into a contract referred to in subsection (1) if--
(a) the prospective resident occupies the premises with a person who has entered into such a contract with the operator, or
(b) the prospective resident and the operator enter into a residential tenancy agreement to which this Act does not apply in relation to the premises.
(3) If the operator contravenes subsection (1), then (despite the provisions of Part 10)--
(a) the former occupant (if any) of the residential premises concerned has no liability to pay any recurrent charges or departure fees relating to the premises in respect of any period after the date on which the prospective resident occupies the premises, and
(b) the operator must, no later than one month after that date, make any refund of the former occupant's ingoing contribution, and make any other payment that is required, under a village contract, to be made to the former occupant.
(4) If a refund, in whole or in part, is not made to a former occupant within the period required by subsection (3) (b)--
(a) the former occupant may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to make the payment, and
(b) interest is payable, at the rate prescribed by the regulations, on and from the date that the refund becomes overdue.

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