Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES AMENDMENT ACT 2016 (NO. 30 OF 2016) - SECT 13

insert

22A     Making certain representations—aged care services

    (1)     The operator of a retirement village commits an offence if the operator makes an express or implied representation (whether oral or in writing) that—

        (a)     the village is an approved provider of residential care within the meaning of the Aged Care Act 1997

(Cwlth); or

        (b)     residents of the village have priority access to residential care by an approved provider under the Aged Care Act 1997

(Cwlth).

Maximum penalty: 50 penalty units.

    (2)     An offence against subsection (1) is a strict liability offence.

Note 1     Any advertising, promotional or sales material relating to a retirement village must also comply with the Fair Trading (Australian Consumer Law) Act 1992

and the Competition and Consumer Act 2010

(Cwlth).

Note 2     Section 10 (1), def retirement village , par (b) (i) excludes from that definition buildings commonly known as Commonwealth-subsidised hostels and nursing homes.

    (3)     To remove any doubt, an operator does not make a representation for subsection (1) merely by giving an explanation or statement of—

        (a)     how the services of the retirement village differ from residential care services given to a prospective resident under section 23 (General inquiry document) or section 24 (Disclosure statement); or

        (b)     the fact that a residential aged care facility is associated with the village.