New South Wales Consolidated Acts

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Operator to provide safe premises

58A Operator to provide safe premises

(1) The operator of a retirement village must ensure that the village generally is reasonably safe.
(2) In particular, the operator must--
(a) ensure that an emergency plan is prepared for the retirement village, and
(b) ensure that the emergency plan is maintained so that it remains effective, and
(b1) take reasonable steps to ensure that all residents and staff are familiar with the emergency plan, and
(c) undertake a safety inspection at least once each calendar year, and make a safety inspection report on the findings of any such inspection, and
(d) ensure that residents are--
(i) notified in writing when a safety inspection is undertaken, and
(ii) given access to the safety inspection report if they request it, and
(e) take such other action as the regulations may require to ensure that the village generally is reasonably safe.
(2A) An operator commits an offence if the operator contravenes subsection (2) (a).
: Maximum penalty--200 penalty units (in the case of a corporation) or 100 penalty units (in any other case).
Note : Section 189B enables the Secretary to issue guidelines to assist operators in complying with their obligations under subsection (2) (a), (b) and (b1). The Tribunal may take guidelines into account in determining whether there has been compliance with those provisions.
(2B) The emergency plan for the purposes of subsection (2) (a) and (b) must provide for emergency procedures, including--
(a) an effective response to an emergency, and
(b) evacuation procedures, and
(c) notifying emergency service organisations at the earliest opportunity, and
(d) medical treatment and assistance, and
(e) effective communication between the operator (or other person authorised by the operator to coordinate the emergency response) and all residents in the village.
(2C) In preparing and maintaining an emergency plan for the purposes of subsection (2) (a) and (b), the operator of the retirement village must have regard to all relevant matters, including the following--
(a) the nature of the hazards in the village,
(b) the size, location and layout of the village,
(c) the number of residents in the village,
(d) the evacuation arrangements required for residents with mobility, hearing, visual or other impairments.
(3) Without limiting subsection (2) (e), the regulations may make provision for, or with respect to, the following--
(a) the form of the emergency plan,
(b) the conduct of safety inspections required under subsection (2) (c),
(c) the manner and form of such a safety inspection report,
(d) the manner and form for notifying and giving access to safety inspection reports for the purposes of subsection (2) (d).
(4) Any resident who believes in good faith that the retirement village is not reasonably safe may apply to the Tribunal for (and the Tribunal may make) any of the following--
(a) an order directing the operator to comply with subsection (1) or (2),
(b) any other order referred to in section 128 (1).

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