Retirement Villages Act 2012

This section applies to the following actions:

a purported amendment of a village contract;

a purported ending of a village contract and entry into a new village contract with the same party in relation to the same residential premises.

An action mentioned in subsection (1) has no effect (and the contract continues as in force before the purported amendment or ending) unless the resident who is a party to the contract obtains a written certificate under this section.

The certificate must—

be signed by a lawyer chosen by the resident; and

include a statement to the effect that—

the lawyer explained to the resident the effect of the proposed amendment of the contract (or the proposed new contract); and

the resident appeared to understand the explanation and to consent to the amendment (or to the new contract).

Section 47 (Operator must allow time for reading of village contract) and section 48 (No restriction on right to obtain independent advice) apply in relation to an amendment of a contract as if the amendment were a new contract.

This section does not apply if the resident requested the amendment or new contract.