RETIREMENT VILLAGES ACT 1986 - SECT 38D Manager not to demand appointment as proxy
RETIREMENT VILLAGES ACT 1986 - SECT 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.
Pt 6A Div. 3 (Heading and ss 38E– 38H) inserted by No. 4/2005 s. 16.
Division 3—Dispute mediation
S. 38E inserted by No. 4/2005 s. 16.