No restriction on right to obtain independent advice
48 No restriction on right to obtain independent advice
The operator of a retirement village must not restrict a person from obtaining independent advice before entering into a village contract with the operator.
Maximum penalty: 10 penalty units.
The operator of a retirement village must not require a resident or a prospective resident of the village to use the services of a lawyer or other adviser nominated by the operator.
Maximum penalty: 10 penalty units.
An offence against this section is a strict liability offence.
If a resident or a prospective resident is required to use the services of a lawyer or other adviser in contravention of this section, the operator of the village is liable to pay to the resident or prospective resident the fees paid by the resident or prospective resident to the lawyer or other adviser for those services.
If the operator does not, on request, pay the amount due to a resident or prospective resident under subsection (4), the resident or prospective resident may apply to the ACAT for an order directing the operator to pay the amount.
This Act’s bill:Explanatory statementSecond reading speech
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