ACAT order—recalculation of payment under s 238
239 ACAT order—recalculation of payment under s 238
This section applies if the operator of a retirement village must make a payment to a former occupant under section 238 and, in the former occupant’s opinion—
the amount of the payment was not calculated in accordance with this Act or any relevant village contract; or
the operator’s conduct has unfairly had a negative financial impact on the former occupant.
The former occupant may apply to the ACAT for an order directing the operator to recalculate the amount in accordance with the directions of the ACAT and pay any additional amount due to the former occupant as a result of the recalculation.
If the ACAT considers it appropriate, the ACAT may order the payment of interest on the additional amount at the rate prescribed by regulation.
Without limiting subsection (1), conduct of the operator that may unfairly have a negative impact on a former occupant includes entering into a village contract with a subsequent resident that contains terms that—
are substantially different from those contained in the village contract to which the former occupant was a party; and
will have a negative financial impact on the former occupant to the benefit of the operator.
This provision refers to the regulations (prescribed by regulation
). Made under this Act:
- Retirement Villages Regulation 2013 · under s 264
This Act’s bill:Explanatory statementSecond reading speech
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