Retirement Villages Act 1986

A statement in a condition report is conclusive evidence, for the purposes of this Act, of the state of repair or general condition of the premises on the day specified in the report if the condition report is signed by the operator of a retirement village and a non-owner resident of the retirement village or another person referred to in section 37J(7)(a).

A condition report that is given to the operator of a retirement village is taken to be notice given to the operator of any defects or outstanding repairs stated in the report.

Subsection (1) does not apply to—

a state of repair or general condition that could not reasonably have been discovered on a reasonable inspection of the premises; or

any statement in the report about which the non-owner resident or another person referred to in section 37J(7)(a) records a written comment disagreeing with that statement on the copy of the report completed by the non-owner resident or that person; or

a statement that the operator has disagreed with in writing on the condition report, if the report was completed by the non-owner resident before it was completed by the operator.