New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 17

17 Representations about retirement villages

(1) A person who manages or controls a complex containing residential premises must not knowingly represent that the complex is a retirement village unless the complex is a retirement village within the meaning of this Act.

: Maximum penalty--50 penalty units.

(2) The operator of a retirement village must not make a representation to a prospective resident knowing that it is inconsistent with the information contained in the disclosure statement provided to the prospective resident.

: Maximum penalty--50 penalty units.

(3) The operator of a retirement village must not knowingly represent to a prospective resident that a particular service or facility is provided to or available at the village or to the residents, or is associated with the village, unless the service or facility is so provided or made available or associated.

: Maximum penalty--50 penalty units.

(4) If the operator of a retirement village represents to a prospective resident of the village that a service or facility is to be provided to or made available by the operator at the village or to the residents in the future, the operator must ensure that a village contract entered into by that person and the operator specifies the service or facility concerned and the date by which it is to be provided or made available.

: Maximum penalty--50 penalty units.

(5) The resident concerned may apply to the Tribunal for (and the Tribunal may make) an order that the operator pay compensation to the resident if the service or facility concerned is not provided or made available--

(a) by the date specified in the village contract, or

(b) if the village contract (in contravention of subclause (4)) does not specify the date--within a reasonable time.

(5A) The operator of a retirement village must not publish or distribute written promotional material that makes a representation in relation to the retirement village of a kind prescribed by the regulations.

: Maximum penalty--50 penalty units.

(6) For the purposes of this section, a representation made by an agent or employee of the operator of a retirement village is taken to be a representation of the operator unless the operator establishes, to the satisfaction of the Tribunal or court, that, in making the representation, the agent or employee was acting otherwise than in his or her capacity as the operator's agent or employee.

Note--: Any advertising, and promotional and sales material, relating to a retirement village must also comply with the Fair Trading Act 1987 and the Competition and Consumer Act 2010 of the Commonwealth.