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RETIREMENT VILLAGES ACT 1999 - SECT 58A
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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