Western Australian Current Regulations Western Australian Current Regulations (1) If a residence
contract is terminated and goods are abandoned on the residential premises by
a former resident of a retirement village, the administering body of the
retirement village may, after the expiration of 2 days from the
termination of the contract, remove and destroy or dispose of the goods
if —
(a) the
goods are perishable foodstuffs; or
(b) the
estimated value of the goods is less than the total estimated cost of the
removal, storage and sale of the goods.
(2) Where a residence
contract is terminated and goods are left on the residential premises that
were subject to the residence contract and have not been removed for
destruction or disposal under subregulation (1), the administering body
must store them in a safe place and manner for a period of not less than
60 days.
(3) An administering
body must before the expiration of 7 days after it has stored goods under
subregulation (2) —
(a)
where the former resident has informed it of a forwarding address, send a
notice to the resident at that address in or to the effect of Form 3 in
Schedule 1; and
(b)
cause a notice in or to the effect of Form 4 in Schedule 1 to be inserted
in a newspaper circulating generally throughout the State.
(4) At the request of
an administering body, the Commissioner may state in writing where or not in
his or her opinion there are reasonable grounds for believing that
subregulation (1) applies in respect of particular goods.
(5) A person who has a
lawful right to goods removed and stored under subregulation (2) may at
any time before the goods are sold under subregulation (6) reclaim the
goods upon paying to the administering body the reasonable costs of the
removal and storage of the goods.
(6) Where goods are
stored under subregulation (2) and have not been reclaimed within
60 days after the day on which they were removed and stored, the
administering body must as soon as practicable after the expiration of that
period cause them to be sold by public auction.
(7) If goods are
stored, removed and sold by public auction under this regulation, the
administering body is entitled to retain out of the proceeds of the sale the
reasonable costs of removing, storing and selling the goods.
(8) An administering
body must not incur any liability in respect of the removal, storage or sale
under this regulation of goods to which subregulation (1) does not apply,
except liability for intentional or negligent damage to the goods or where the
administering body has actual notice of any interest in the goods of any
person other than the former resident and fails to take all reasonable steps
to notify that person of the whereabouts of the goods and afford that person a
reasonable opportunity to reclaim the goods.
(9) Where a dispute
arises between an administering body and a former resident in respect of goods
to which this regulation applies, the State Administrative Tribunal may upon
application by such person, order the payment of any amount or make such other
order as it considers appropriate in the circumstances.
(10) The provisions of
this regulation are subject to any order of the State Administrative Tribunal
made under section 70(2) of the Act.
[Regulation 7 amended: Gazette
30 Dec 2004 p. 6925; 24 Mar 2015 p. 1030.]