VICIn ForceAct
Retirement Villages Act 1986
38IPayments to former residents
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38I Payments to former 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.
(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.
(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.
Pt 6C (Heading and ss 38J–38L) inserted by No. 4/2005 s. 16.