Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) The director-general may authorise publication of a notice warning people of particular risks involved in dealing with a stated operator of a retirement village or with a stated person who appears to be the operator of a retirement village (a warning notice ).
Example
a notice about the risks involved in dealing with an operator who has a history of unconscionable conduct in dealings with consumers
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(2) The director-general may authorise the publication of a warning notice in 1 or more of the following ways:
(a) to people making inquiries to the director-general about the stated operator or person;
(b) by advertisement by the use of any medium;
(c) to media representatives.
(3) Publication of a warning notice must not be authorised unless an investigation has been conducted by the director-general (whether or not the investigation is in relation to a complaint).
(4) Before authorising the publication of a warning notice, the director-general must make reasonable efforts to give the operator or person who is to be stated in the warning notice an opportunity, for a period of not less than 48 hours, to make representations to the director-general about the proposed notice.
(5) The opportunity to make representations need not be given if the director-general reasonably believes there is an immediate risk to the public.
(6) No liability is incurred by any person for publishing honestly and without recklessness—
(a) a warning notice; or
(b) a fair report or summary of a warning notice.