Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 38D

Manager not to demand appointment as proxy

38D. Manager not to demand appointment as proxy



(1) The manager of a retirement village must not-

   (a)  require a resident of the retirement village to appoint the manager as
        the proxy of the resident; or

   (b)  accept an appointment to act as the proxy of a resident of the
        retirement village.

Penalty: 60 penalty units.

(2) The manager of a retirement village must not require a resident of the
retirement village to appoint-

   (a)  a close associate of the manager; or

   (b)  a person nominated by the manager-

as a proxy of the resident. Penalty: 60 penalty units.

(3) A person who-

   (a)  is a close associate of the manager of a retirement village; or

   (b)  is nominated by the manager of a retirement village to be appointed to
        act as a proxy of a resident of the retirement village-

must not accept an appointment to act as a proxy of a resident of the
retirement village. Penalty: 60 penalty units.

(4) An appointment of the manager of the retirement village (or a close
associate of the manager or a person nominated by the manager) as the proxy of
a resident of the retirement village is void.

(5) Subsections (1)(b), (3) and (4) do not apply if the resident of the
retirement village who makes the appointment is a relative of the manager, the
close associate or nominated person (as the case requires).

(6) This section has effect despite any term of the proxy.

Division 3-Dispute mediation