New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 69A

69A Right to request resident's current village contract information meeting

(1) The operator of a retirement village, if requested in writing by a resident, must--

(a) meet with the resident at least once each calendar year to explain the resident's current village contract information, and

(b) provide a written summary at the meeting of the explanation of the resident's current village contract information.

Note--: Section 189B enables the Secretary to issue guidelines to assist operators in complying with their obligations under this section. The Tribunal may take guidelines into account in determining whether there has been compliance with this section.

: Maximum penalty--50 penalty units (in the case of a corporation) or 20 penalty units (in any other case).

(2) The operator is not required to explain under subsection (1) (a) any information forming part of the resident's current village contract information if the written request for the meeting indicates that the resident has waived an explanation of the information.

Note--: However, the operator must still include the information in the written summary provided under subsection (1) (b).

(3) A resident may, in the written request for the meeting or by a further notice in writing given to the operator, nominate one or more persons to represent the resident at the meeting or to attend the meeting with the resident.

(4) The operator must ensure that--

(a) the resident or a nominated representative of the resident is provided with a written reply to a request for a meeting, and

(b) if the resident is entitled to a meeting, the meeting is held within 30 days of the request for the meeting being received by the operator.

(5) An operator commits an offence if the operator contravenes subsection (4) (b).

: Maximum penalty--50 penalty units (in the case of a corporation) or 20 penalty units (in any other case).

(6) The operator may, in the written reply provided under subsection (4) (a) or by a further notice in writing given to the resident or a nominated representative of the resident, nominate a person to conduct the meeting on behalf of the operator if the person is capable of explaining the resident's current village contract information and answering questions about it.

(7) A
"resident's current village contract information" for the purposes of this section is--

(a) for a resident who is a registered interest holder--each of the following--

(i) the requirements under this Act, the regulations and the village contract for terminating the village contract or selling the residential premises to which the contract relates,

(ii) the estimated departure fee (if any) payable by the resident,

(iii) the resident's liability to pay recurrent charges under section 152,

(iv) estimates of any amounts payable by the resident in relation to the sale of the residential premises,

(v) the estimated sale price for the residential premises,

(vi) the estimated amount that would be payable by the operator to the resident following the sale of the residential premises,

(vii) estimates of any other amounts payable by the resident under their village contract (including any amount of capital gain shared with the operator),

(viii) any other information concerning the resident's rights or obligations (including after vacating the residential premises) of a kind prescribed by the regulations, or

(b) for a resident who is not a registered interest holder--each of the following--

(i) the requirements under this Act, the regulations and the village contract for terminating the village contract,

(ii) the estimated departure fee (if any) payable by the resident,

(iii) the resident's liability to pay recurrent charges under section 153,

(iv) the estimated amount payable by the resident in respect of repairs required to the residential premises in accordance with section 163,

(v) the estimated ingoing contribution that would be payable by an incoming resident of the residential premises where this contribution is material to the calculation of estimates under this section,

(vi) the estimated amount that would be payable by the operator to the resident following the residential premises being vacated by the resident,

(vii) estimates of any other amounts payable by the resident under their village contract (including any amount of capital gain shared with the operator),

(viii) any other information concerning the resident's rights or obligations (including after vacating the residential premises) of a kind prescribed by the regulations.

(8) The operator must ensure that estimated amounts for the purposes of subsection (7) are reasonable estimates that are calculated--

(a) by reference to a stated date (being either the date of the meeting or a date that is not later than 30 days after the meeting), and

(b) as if the stated date was the date on which the resident's right to occupy the residential premises concerned terminated.

Note--: See sections 180 and 181 for the determination of amounts payable to former occupants.

(9) An operator commits an offence if the operator provides an estimate for the purposes of subsection (7) that is not reasonable.

: Maximum penalty--200 penalty units (in the case of a corporation) or 100 penalty units (in any other case).

(10) The regulations may make provision for or with respect to--

(a) the form of a written summary for the purposes of subsection (1) (b), and

(b) the keeping of records by operators or former operators of retirement villages concerning the calculation of estimated amounts for the purposes of subsection (7).

(11) The Secretary may, by notice in writing given to an operator of a retirement village (an
"estimate calculation notice" ), require the operator to provide, within the period specified in the notice, evidence of the reasonableness of any estimate of an amount for the purposes of subsection (7) made for the purposes of a meeting under this section.

(12) An operator of a retirement village who fails to comply with an estimate calculation notice within the period for compliance specified in the notice is guilty of an offence.

: Maximum penalty--200 penalty units (in the case of a corporation) or 100 penalty units (in any other case).

(13) Any resident of a retirement village who believes in good faith that the operator is contravening this section may apply to the Tribunal for (and the Tribunal may make) any of the following--

(a) an order directing the operator to comply with a provision of this section,

(b) any other order referred to in section 128 (1).