Victorian Current Acts

RETIREMENT VILLAGES ACT 1986 - SECT 38D

    (1)     The manager of a retirement village must not—

        (a)     require a resident of the retirement village to appoint the manager as the proxy of the resident; or

        (b)     accept an appointment to act as the proxy of a resident of the retirement village.

Penalty:     60 penalty units.

    (2)     The manager of a retirement village must not require a resident of the retirement village to appoint—

        (a)     a close associate of the manager; or

        (b)     a person nominated by the manager—

as a proxy of the resident.

Penalty:     60 penalty units.

    (3)     A person who—

        (a)     is a close associate of the manager of a retirement village; or

        (b)     is nominated by the manager of a retirement village to be appointed to act as a proxy of a resident of the retirement village—

must not accept an appointment to act as a proxy of a resident of the retirement village.

Penalty:     60 penalty units.

    (4)     An appointment of the manager of the retirement village (or a close associate of the manager or a person nominated by the manager) as the proxy of a resident of the retirement village is void.

    (5)     Subsections (1)(b), (3) and (4) do not apply if the resident of the retirement village who makes the appointment is a relative of the manager, the close associate or nominated person (as the case requires).

    (6)     This section has effect despite any term of the proxy.

Pt 6A Div. 3 (Heading and ss 38E– 38H) inserted by No. 4/2005 s. 16.

Division 3—Dispute mediation

S. 38E inserted by No. 4/2005 s. 16.