South Australian Current Acts

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RETIREMENT VILLAGES ACT 2016 - SECT 21

21—Disclosure statements

        (1)         A disclosure statement must be in writing and comply with this section and the requirements (if any) prescribed by the regulations.

        (2)         The disclosure statement must provide information about the financial arrangements relating to residents of the retirement village including—

            (a)         information about—

                  (i)         all fees and charges that the person would be responsible for under the residence contract (whether as an ingoing contribution, as a recurrent or other fee or charge payable by a resident or as an exit fee) including a description of each fee or charge and the amount of the fee or charge or manner in which the fee or charge will be calculated; and

                  (ii)         what the operator does with the fees and charges; and

                  (iii)         any utilities, services or facilities provided or available to residents of the village (such as electricity, telephone or Internet provided by a third party) that the operator has an interest in or would obtain any fee or reward in relation to; and

                  (iv)         the manner in which the resident's exit entitlement will be calculated and the effect of section 30; and

                  (v)         the insurance arrangements that are in place in relation to the village; and

            (b)         a statement advising that a resident may be required to pay a fee, charge or other amount to the operator to enable the operator to recover an unforseen expense of the retirement village (a "special levy"); and

            (c)         a statement advising that—

                  (i)         the disclosure statement is not a replacement for the residence contract but is intended only as a summary of certain information contained in the contract; and

                  (ii)         the prospective resident must ensure that they understand the terms of the residence contract; and

                  (iii)         it is recommended that the prospective resident seeks legal and financial advice about the residence contract; and

            (d)         any other information or statement prescribed by the regulations.



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