Breach notice
16C Breach notice
If a contracting party reasonably believes that a resident of a retirement village, with whom the contracting party has entered into a residence contract, is in breach of the contract the contracting party may serve a notice on the resident to that effect.
In a notice under subsection (1), the contracting party—
must specify the breach; and
must specify that the notice is served under this section; and
must set out the effect of this Division; and
be in the prescribed form (if any).
Penalty: 50 penalty units.
In a notice under subsection (1), the contracting party—
must specify what the resident is required to do to remedy the breach; or
if the breach is not capable of being remedied, must state that the resident is required to cease committing the breach—
no later than 28 days after the date of service of the notice; or
if the period has been extended under subsection (4), no later than the end of the extended period.
Penalty: 50 penalty units.
The contracting party may extend the 28 day period required by subsection (3)(b)(i) for a further 28 days if—
the resident has asked the contracting party in writing to do so; and
the resident is not able to comply with the requirement within the first 28 day period.
S. 16D inserted by No. 19/2025 s. 18.
This provision refers to the regulations (prescribed form
). Made under this Act:
- Retirement Villages (Contractual Arrangements) Regulations 2017 · under sections 43, 44A and 44B
- Retirement Villages Regulations 2026 · under sections 43 and 44B
This Act’s bill:Second reading speech
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