RETIREMENT VILLAGES ACT 1999 - SECT 59 When reinstatement work must be completed

RETIREMENT VILLAGES ACT 1999 - SECT 59

59 When reinstatement work must be completed

(1) This section applies to reinstatement work that—

(a) the former resident and the scheme operator agree will be carried out by the operator; or

(b) a relative of the former resident mentioned in section 58 (3) and the scheme operator agree will be carried out by the operator; or

(c) the scheme operator carries out under section 58 (2) ; or

(d) the tribunal orders to be carried out by the operator.

(2) For reinstatement work mentioned in subsection (1) (a) to (c) , the scheme operator must ensure the work is completed by—

(a) if the scheme operator and the former resident or relative agree on a time—the agreed time; or

(b) if paragraph (a) does not apply and the scheme operator also carries out renovation work under section 59A —the later of the following times—

(i) 90 days after the vacation date;

(ii) the time by which the renovation work must be completed under section 59A ; or

(c) otherwise—90 days after the vacation date.

(3) For reinstatement work mentioned in subsection (1) (d) , the scheme operator must ensure the reinstatement work is completed within the period fixed by the tribunal.

(4) This section does not apply—

(a) to a current residence contract within the meaning of section 237H ; or

Note—

See section 237K .

(b) if the former resident’s right to reside in the retirement village was terminated under section 53 (3) (d) .

(5) In this section—


"vacation date" , of an accommodation unit in a retirement village, means—

(a) for a former resident whose relative has a right to reside in the accommodation unit under section 70B (2) —the date the relative’s right to reside in the accommodation unit under that subsection ends; or

(b) otherwise—the date the former resident vacates the accommodation unit.