Operator not to demand power of attorney
38C Operator not to demand power of attorney
S. 38C(1) amended by No. 19/2025 s. 50(2).
The operator of a retirement village must not—
S. 38C(1)(a) amended by No. 19/2025 s. 50(2).
require a resident of the retirement village to give the operator a power of attorney in favour of the operator; or
S. 38C(1)(b) amended by No. 19/2025 s. 50(2).
accept a power of attorney given in favour of the operator by a resident of the retirement village.
- 60 penalty units.
S. 38C(2) amended by No. 19/2025 s. 50(3).
The operator of a retirement village must not require a resident of the retirement village to give a power of attorney in favour of—
S. 38C(2)(a) amended by No. 19/2025 s. 50(3).
a close associate of the operator; or
S. 38C(2)(b) amended by No. 19/2025 s. 50(3).
a person nominated by the operator.
- 60 penalty units
A person who—
S. 38C(3)(a) amended by No. 19/2025 s. 50(4)(a).
is a close associate of the operator of a retirement village; or
S. 38C(3)(b) amended by No. 19/2025 s. 50(4)(b).
is nominated by an operator of a retirement village to accept a power of attorney from a resident of the village—
must not accept a power of attorney given in favour of that person by a resident of the retirement village.
- 60 penalty units.
S. 38C(4) amended by No. 19/2025 s. 50(5).
A power of attorney given in favour of an operator of a retirement village (or a close associate of the operator or a person nominated by the operator) by a resident of the retirement village is void.
S. 38C(5) amended by No. 19/2025 s. 50(6).
Subsections (1)(b), (3) and (4) do not apply if the resident who gives the power of attorney is a relative of the operator, close associate or nominated person (as the case requires).
This section does not apply to any power of attorney that is of a prescribed class of powers of attorney.
This section has effect despite any term of the power of attorney.
S. 38D (Heading) amended by No. 19/2025 s. 51(1).
S. 38D inserted by No. 4/2005 s. 16.
This provision refers to the regulations (prescribed class
). 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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