New South Wales Consolidated Regulations

RETIREMENT VILLAGES REGULATION 2000 - REG 37

37 Appointment of resident’s proxy: section 77 (2)

(1) The appointment of a person as the proxy of a resident of a retirement village is to be made in the form set out in Schedule 9.

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 appointment is effective in relation to a meeting of the residents of the village only if the duly completed form is given to the chairperson of the meeting before any vote is taken at the meeting.