Victorian Consolidated Legislation

Retirement Villages Act 1986 - SECT 38I

PART 6B MATTERS RELATING TO CESSATION OF OCCUPATION OF PREMISES

Payments to owner residents

38I. Payments to owner residents



(1) A person who is liable to make a payment to-

   (a)  a former resident of a retirement village on the former resident
        leaving the retirement village; or

   (b)  the estate of a former resident on the resident's death-

being a payment that is consequent on the former resident so leaving or dying,
must make that payment-

   (c)  within 14 days after the resident so leaves or dies; or

   (d)  if the former resident is not entitled to recover the amount until the
        fulfilment of a condition of a kind to which section 26(2)(a) or (b)
        applies, on the day on which the payment is required to be made under
        that condition.

Penalty: 60 penalty units.

(2) At the same time as the payment is made, the manager of the retirement
village must give the former resident a statement setting out all amounts
payable to the former resident and all amounts payable by the former resident
to discharge the residence contract and showing how the amounts were
calculated.

Penalty: 60 penalty units.

(3) This section does not apply where the amount that is entitled to be
recovered is entitled to be recovered in accordance with a condition of a kind
to which section 26(2)(c) applies.

(4) In this section former resident, in relation to a retirement village,
means a person who was a resident of the village but who has left the village
or who has died.

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