RETIREMENT VILLAGES AMENDMENT (INFORMATION DISCLOSURE) ACT 2013 (NO. 2 OF 2013) - SECT 4 New sections 18A and 18B inserted

RETIREMENT VILLAGES AMENDMENT (INFORMATION DISCLOSURE) ACT 2013 (NO. 2 OF 2013) - SECT 4

After section 18 of the Retirement Villages Act 1986 insert —

        " 18A     Provision of factsheet

    (1)     A retired person, or a person acting on behalf of a retired person, may make a request to the owner or manager of a retirement village, or to an agent of the owner or manager, for the factsheet relating to the retirement village.

    (2)     Subject to subsection (6), if the owner or manager of a retirement village, or his or her agent, receives a request under subsection (1), the owner or manager, as the case may be, must provide to the person who made the request a copy of the factsheet, free of charge, not later than 7 days after the request is made.

Penalty:     120 penalty units.

    (3)     Subsection (2) applies regardless of whether the request under subsection (1) is made orally or in writing.

    (4)     Subject to subsection (6), if the owner or manager of a retirement village, or his or her agent, gives or sends targeted promotional material to a retired person, or to a person acting on behalf of a retired person, the owner or manager, as the case may be, must ensure that a copy of the factsheet relating to the retirement village is included with the material.

s. 4

Penalty:     50 penalty units.

    (5)     The factsheet relating to a retirement village must—

        (a)     be in the form approved by the Director; and

        (b)     contain the prescribed information; and

        (c)     present in a clear, concise and effective manner that information, including any information included as an attachment.

    (6)     The owner or manager of a retirement village is not required to provide a copy of the factsheet in response to a request under subsection (1) or include a copy of the factsheet with the targeted promotional material referred to in subsection (4) if—

        (a)     the retired person, or a person acting on behalf of the retired person, has previously been provided with a copy of the factsheet; and

        (b)     the information in the factsheet has not changed in a material particular since it was provided.

    (7)     In this section—

"targeted promotional material" means material given or addressed personally to a retired person, or to a person acting on behalf of a retired person, that is intended to promote a particular retirement village as a place in which to live but does not include marketing material distributed generally in a mail-out or letter-box drop.

        18B     Inspection of documents relating to retirement village

s. 4

    (1)     A retired person, or a person acting on behalf of a retired person, may make a request to the owner or manager of a retirement village, or to an agent of the owner or manager, to inspect one or more prescribed documents relating to the retirement village.

    (2)     Subject to subsection (4), if the owner or manager of a retirement village, or his or her agent, receives a request under subsection (1), the owner or manager, as the case may be, must make any of the requested documents that are in his or her possession or control available for inspection, free of charge, not later than 7 days after the request is made.

Penalty:     120 penalty units.

    (3)     Subsection (2) applies regardless of whether the request under subsection (1) is made orally or in writing.

    (4)     The owner or manager of a retirement village is not required to make a document available for inspection if—

        (a)     the retired person, or a person acting on behalf of the retired person, has previously inspected the document; and

        (b)     the document has not changed in a material particular since that inspection.".