New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 12 (2))
A village contract must not require the parties to attempt to resolve disputes between them by any process other than the process provided under the Retirement Villages Act 1999 .
A village contract must not require a resident to have a Will or to advise the operator of the location of any Will.
A village contract must not contain a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance, ambulance fund or other form of health insurance. The only exception to this is that the contract may require a resident who uses a motorised wheelchair to take out appropriate insurance in relation to the wheelchair.
A village contract must not contain a provision enabling the resident to be charged individually for legal, accounting or other services incurred by the operator in corresponding with the resident or a person acting on the resident’s behalf or in enforcing the contract.
A village contract must not restrict the period of time the resident may be absent from the village.
A village contract must not provide that, if the resident breaches the contract or village rules, the resident is liable to pay an increased amount of recurrent charges, any amount as a penalty or any amount as liquidated damages.
A village contract must not contain a provision to the effect that the resident will not have the benefit or advantage of any statute that may come into force and has the effect of relieving the resident of any obligation or liability under the contract.
A village contract that makes provision for the recurrent charges payable by a resident to be varied according to a fixed formula must not include a component relating to the actual or proposed expenditure of the village.
A village contract must not contain a provision removing liability from the operator for any negligent act or omission by the operator, its employees or agents.
A village contract must not contain a provision to the effect that the written contract represents the entire agreement between the parties.