New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 33

33 Rescission of village contract on grounds relating to disclosure statement

(1) If a disclosure statement is not provided in accordance with this Act, or if the information in it is false or misleading in a material particular, the person to whom (or on whose behalf) it was provided may, within 3 months after occupying residential premises in the village, apply to the Tribunal for an order allowing the person to rescind any village contract to which the person and the operator of the village are parties.

(2) The Tribunal is not to make an order referred to in subsection (1) if it is of the opinion that--

(a) the disclosure statement was provided in accordance with this Act, or

(b) the information in the disclosure statement is not false or misleading in a material particular, or

(c) the operator acted reasonably and honestly and ought to be excused for the failure to provide accurate information, or to provide the disclosure statement in accordance with this Act, or

(d) the person to whom (or on whose behalf) the disclosure statement was provided is in substantially as good a position as he or she would have been had the failure not occurred.

(3) If the Tribunal makes the order sought--

(a) it may also make an order as to compensation payable to the person by the operator of the village, and

(b) the person may, by notice in writing to the operator, rescind the contract.