Western Australian Current Acts

RETIREMENT VILLAGES ACT 1992 - SECT 75H

75H .         Operator to cooperate with statutory manager

        (1)         In this section —

        records includes documents and information;

        relevant means relevant to the performance of a function referred to in subsection (2).

        (2)         This section applies if a statutory manager is appointed by an order under section 75B to perform any function of the operator of a retirement village.

        (3)         The operator of a retirement village must cooperate with the statutory manager to the extent reasonably required by the statutory manager to perform a function referred to in subsection (2).

        Penalty for this subsection: a fine of $20 000.

        (4)         Without limiting subsection (3), that subsection requires the operator —

            (a)         to answer, orally or in writing, relevant questions asked by the statutory manager; and

            (b)         to produce to the statutory manager relevant documents in the operator’s custody or under the operator’s control; and

            (c)         to give the statutory manager access to relevant records stored electronically, including any translation, code, password or other information necessary to gain access to, or to interpret and understand, those records; and

            (d)         to give the statutory manager any other relevant assistance the statutory manager reasonably requires.

        (5)         The operator must not hinder or obstruct the statutory manager in the performance of a function referred to in subsection (2).

        Penalty for this subsection: a fine of $20 000.

        [Section 75H inserted: No. 36 of 2012 s. 16; amended: No. 42 of 2024 s. 48(1) and 50.]