Queensland Numbered Acts

RETIREMENT VILLAGES AMENDMENT ACT 2006 No. 6 - SECT 30

Part 3, division 5--

insert--

'In a valuation given under this division, a valuer must state any connection to, or agreement with, the scheme operator that may call into question the independence of the valuation.

'(1) This section applies if--

(a) a resident's right to reside in an accommodation unit under a residence contract, including an existing residence contract, is terminated under this Act because the resident dies or vacates the accommodation unit; and

(b) a relative of the resident, although not a party to the residence contract, was living in the accommodation unit when the residence contract was terminated; and

(c) the relative has lived in the accommodation unit for at least the 6 months immediately before the residence contract was terminated.

'(2) The relative has a right to reside in the accommodation unit for 3 months after the day the residence contract is terminated if the relative agrees to be bound by the terms of the resident's residence contract while the relative continues to live in the accommodation unit.

'(3) The relative's agreement must be in writing and given to the scheme operator within 14 days after the day the residence contract is terminated.

'(4) During the 3 months, the relative has all the rights and liabilities of a resident under this Act.

'(5) If--

(a) the resident's interest in the accommodation unit was a leasehold interest or licence; and

(b) no other person has a right under the resident's residence contract to reside in the accommodation unit; and

(c) the relative meets the eligibility criteria for a resident of the retirement village; and

(d) the relative, at least 14 days before the end of the 3 months, advises the scheme operator, in writing, that the relative wants to enter into a residence contract for the accommodation unit;

then--

(e) the relative has a right to enter into a residence contract for the accommodation unit; and

(f) the scheme operator must enter into a residence contract for the accommodation unit with the relative before the end of the 3 months.

'(6) A residence contract entered into under subsection (5) must be on the same terms as would be offered to any other potential resident of the accommodation unit, as adjusted to include any agreement between the relative and the scheme operator about reinstatement work for the accommodation unit.'.