New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - REG 33

33 Disposal of uncollected goods after storage

(1) On the expiry of the 30-day period referred to in clause 31 (2), the operator of the retirement village concerned must deal with the uncollected goods in accordance with this clause.

Maximum penalty: 10 penalty units.

(2) The operator must send any uncollected personal documents of the former resident to the former resident’s forwarding address (or, if the former resident has died, to the executor or administrator of the former resident’s estate).

(3) If the operator does not have a forwarding address for the former resident (or the address of the executor or administrator of the estate of a deceased former resident), the operator must:

(a) return the personal documents to their place of origin, if possible (for example, bank statements to the issuing bank, licences to the issuing authority and passports to the Commonwealth Government), and

(b) retain the other personal documents in a secure place for at least 6 months, and then dispose of them as the operator sees fit.

(4) If the operator is reasonably of the opinion that any individual item of uncollected goods (other than a personal document) is worth less than $100, the operator may give the item to a charitable organisation or otherwise dispose of it.

(5) The operator must cause any item of uncollected goods (other than a personal document) that is, in the reasonable opinion of the operator, worth $100 or more to be sold by public auction.

(6) In this clause, "personal documents" means certificates, financial records and statements, licences, medical records, passports, personal correspondence, photographs and any other document it would be reasonable to expect the former resident (or his or her family) to want to keep.