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RETIREMENT VILLAGES ACT 1999 - SECT 28
No restriction on right to seek independent advice
28 No restriction on right to seek independent advice
(1) An operator of a retirement village must not restrict any person's right
to seek independent advice before entering into a village contract with the
operator. : Maximum penalty--10 penalty units.
(2) An operator of a
retirement village must not require a resident or a prospective resident to
use the services of an Australian legal practitioner, licensed conveyancer or
other adviser nominated by the operator. : Maximum penalty--10 penalty units.
(3) If a resident or a prospective resident is required to use the services of
an Australian legal practitioner, licensed conveyancer or other adviser in
contravention of this section, the operator of the village concerned is liable
to pay to the resident or prospective resident the amount of any fees paid by
the resident or prospective resident to that Australian legal practitioner,
licensed conveyancer or other adviser for those services.
(4) If the operator
of a retirement village does not, on request, pay the amount due to a resident
or prospective resident under subsection (3), the resident or
prospective resident concerned (or the executor or administrator of his or her
estate) may apply to the Tribunal for (and the Tribunal may make) an order
directing the operator to make the payment.
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