Retirement Villages Act 1992

A residence contract must be in writing.

At least 10 working days before a person enters into a residence contract, the owner must cause to be given to that person —

a community arrangements statement; and

a prospective resident information statement; and

a notice in the prescribed form of the person’s rights under this section and section 14; and

a copy of the residence rules; and

a copy of any applicable code; and

any other prescribed documents.

A paragraph of subsection (2) does not apply in relation to a subsequent residence contract between the person and the owner if there have been no material changes to the document mentioned in the paragraph since the owner last gave the document to that person.

If the owner is not an operator, the operator must, upon written application by the owner, provide that owner with such information and documents in the possession of the operator as will enable the owner to comply with subsection (2).

A person must not demand or receive any fee or charge for any information or document given under subsection (2) or (3).

A residence contract entered into by a person is taken to include a warranty on the part of the owner of the correctness of the information contained in the most recent community arrangements statement and prospective resident information statement given to that person.

The warranty —

is subject to any written alteration, made by the owner with the consent of the prospective resident on or before the signing of the residence contract by the owner, to the most recent community arrangements statement or prospective resident information statement given to that person; and

prevails over any inconsistent contractual term.

A person, including an owner, must not, without the approval of the Commissioner —

make a representation to a person that is inconsistent with information contained in the most recent community arrangements statement or prospective resident information statement given to that person; or

give a person a community arrangements statement or prospective resident information statement that contains information that is inconsistent with a representation made by the owner to that person.

In proceedings for an offence against subsection (5) it is a defence for the accused to prove —

being an owner, that any representation was made without the consent or knowledge of the owner;

being a person other than an owner, that the person believed the representation was true;

in any case, that the consent of the Commissioner was given in relation to the representation.

In this section owner means owner of the residential premises to which the residence contract relates.