South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
(1) A
residence contract must be in writing and comply with this section and the
requirements (if any) prescribed by the regulations.
(2) The residence
contract must include the following information:
(a)
details about the residence in respect of which the person is entering the
contract;
(b)
details about the resident's rights and obligations created by or under the
contract, including—
(i)
the right to cool-off (that is, to rescind the contract
and not proceed with becoming a resident in the retirement village);
(ii)
the right to occupation of the residence;
(iii)
recurrent charges for which the resident is liable;
(iv)
additional services and facilities available to residents
of the retirement village and the costs of those services and facilities;
(v)
the right to terminate the right to occupation of the
residence and receive a refund of the premium paid;
(vi)
dispute resolution processes;
(vii)
any other details prescribed by the regulations.
(3) The administering
authority must, before a person enters into a residence contract, give the
person a copy of each of the following documents:
(a) the
contract;
(b) if
the contract relates to a retirement village already established—the
financial statements presented at the last annual general meeting of residents
of the village in accordance with section 22(6)(a)
, including a written statement of any subsequent change in the affairs of the
village and the administering authority that may significantly affect the
resident's decision to enter the village;
(c) the
detailed report providing information about—
(i)
the condition, as at the date of the contract, of the
fixtures,
fittings and furnishings (an "item") provided in the residence; and
(ii)
who will be responsible for repairing or replacing an
item; and
(iii)
when an item is due to be repaired or replaced; and
(iv)
how the cost of repairing or replacing an item is to be
funded,
(the "premises condition report");
(d) the
residence rules;
(e) the
policy of the administering authority to be applied for the
remarketing of residences (the "remarketing policy");
(f) any
code of conduct to be observed by the administering authority;
(g) any
other document prescribed by the regulations.
(4) A
residence contract will be taken to include a warranty on the part of the
administering authority of the correctness of the information contained in the
documents provided under subsection (3)
(subject to any written alteration made by the administering authority with
the consent of the resident on or before the signing of the contract by the
administering authority), and that warranty prevails over any inconsistent
contractual term unless the resident elects to rely on the contractual term
rather than the statement (and then the contractual term will prevail to the
extent of any inconsistency).
(5) An administering
authority must not, without the approval of the Minister—
(a) make
a representation to a prospective resident that is inconsistent with
information given to the prospective resident under subsection (2)
or (3); or
(b) give
information to a prospective resident under subsection (2)
or (3) that is inconsistent with a representation made by the
administering authority to the prospective resident.
(6) For the purposes
of subsection (5)
, a representation made by an employee or agent of an administering authority
will be taken to be a representation of the administering authority unless the
administering authority proves that the person was not acting in the course of
his or her employment or agency.
(7) A resident or
prospective resident is entitled to rescind the residence contract—
(a) at
any time within 15 business days after the date of the contract; or
(b) if subsection (3)
is not complied with—at any time before the expiration of
15 business days after the date on which the last of the documents
required to be given to the resident or prospective resident under that
subsection is so given.
(8) A contract is
rescinded under this section by notice in writing, given personally or by
post, to the administering authority.
(9) If a provision of
this section is not observed, the administering authority is guilty of an
offence.
Maximum penalty: $35 000.
(10) A
residence contract may be enforced against the administering authority for the
time being of the retirement village.