New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 29

29 Variation or replacement of village contracts

(1) A purported variation of a village contract, and a purported termination of a village contract and entry into a new village contract by the same parties in relation to the same residential premises, is of no effect (and the contract continues as in force before the purported variation or termination) unless the resident who is a party to the contract obtains a written certificate in accordance with this section.

(1A) An operator must not purport--

(a) to vary a village contract, or

(b) to terminate a village contract and enter into a new village contract in relation to the same residential premises,

unless the resident who is a party to the contract has obtained a certificate in accordance with this section.

: Maximum penalty--100 penalty units.

(2) The certificate--

(a) must be signed by an Australian legal practitioner of the resident's choosing, and

(b) must contain a statement to the effect that--

(i) the Australian legal practitioner explained to the resident the effect of the proposed variation of the contract (or the proposed new contract, as the case may be), and

(ii) the resident appeared to understand the explanation and to consent to the variation (or to the new contract).

(3) Sections 27 and 28 apply in respect of a variation of contract as if the variation were a new contract.

(4) This section does not apply if the resident requested the variation or new contract.

(5) A resident is not obliged to agree to a variation or replacement of his or her village contract because of the enactment of this Act (or for any other reason).