New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - REG 11

11 Condition report: section 38

(1) A condition report must be in the form set out in Schedule 2.

Note: Section 80 (Compliance with forms) (1) and (2) of the Interpretation Act 1987 provides as follows:

(1) If an Act or a statutory rule prescribes a form, strict compliance with the form is not necessary but substantial compliance is sufficient.

(2) If a form prescribed by an Act or instrument requires the form to be completed in a specified manner, or requires specified information to be included in, attached to or furnished with the form, the form is not duly completed unless it is completed in that manner and unless it includes, or has attached to or furnished with it, that information.

(2) The operator, or an agent or employee of the operator, must inspect the premises and complete the condition report in accordance with this clause.

Maximum penalty: 10 penalty units.

(3) The report is to be completed in the presence of the prospective resident (or a person nominated by the prospective resident) before the operator and the prospective resident enter into a village contract.

(4) However, if the premises are still being constructed, the operator and the prospective resident may enter a village contract before the condition report is completed, but the report must be otherwise completed in accordance with this clause before the prospective resident occupies the premises.

(5) The report must be completed to the best of the operator’s knowledge (or, if the inspection is carried out by an agent or employee of the operator, to the best of that agent’s or employee’s knowledge).

(6) If a required date is not known, an approximate date must be given and identified as such.

(7) Sufficient time must be allowed for the prospective resident (or the prospective resident’s nominee) to examine the report and suggest changes to it.

(8) The report must be signed by the operator (or, if the inspection is carried out by an agent or employee of the operator, by that agent or employee). The prospective resident (or the prospective resident’s nominee) must also sign the report if he or she agrees with it.