Making certain representations—aged care services
22A Making certain representations—aged care services
The operator of a retirement village commits an offence if the operator makes an express or implied representation (whether oral or in writing) that—
the village is a registered provider of a residential care home; or
residents of the village have priority access to a residential care home provided by a registered provider.
Maximum penalty: 50 penalty units.
An offence against subsection (1) is a strict liability offence.
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).
Section 10 (1), def retirement village, par (b) (i) excludes residential care homes from that definition.
To remove any doubt, an operator does not make a representation for subsection (1) merely by giving an explanation or statement of—
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
the fact that a residential care home is associated with the village.
This Act’s bill:Explanatory statementSecond reading speech
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