Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 21

    (1)     The operator of a retirement village commits an offence if—

        (a)     the operator tells a prospective resident of the village that—

              (i)     a service is provided for residents at the village; or

              (ii)     a facility is available at the village; or

              (iii)     a service or facility is associated with the village; and

        (b)     the service or facility is not provided or available at, or associated with, the village.

Maximum penalty: 50 penalty units.

    (2)     The operator of a retirement village commits an offence if—

        (a)     the operator tells a prospective resident of the village that a service or facility is to be provided to, or made available by the operator at, the village or to the residents in the future; and

        (b)     the operator enters into a village contract with the prospective resident; and

        (c)     the village contract does not state—

              (i)     that the service or facility is to be provided to, or made available by the operator at, the village or to the residents; and

              (ii)     the day by when the service or facility is to be provided or made available.

Maximum penalty: 50 penalty units.

    (3)     An offence against this section is a strict liability offence.

    (4)     A resident of a retirement village may apply to the ACAT for an order directing the operator of the village to pay compensation to the resident if a service or facility mentioned in the resident's village contract is not provided or made available—

        (a)     by the date stated in the contract; or

        (b)     if the contract does not state a date—within a reasonable time.