Retirement Villages Act 2004
11Arrangements if resident is absent or vacates
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11 Arrangements if resident is absent or vacates
(1) Where a resident has given to the operator at least 30 days' notice of any period during which he or she intends to be absent from the retirement village, the resident is not liable to pay any amount for any personal service that the operator ceases to provide to the resident in the resident's absence during that period.
(2) Where –
(a) a resident is absent from a retirement village for a continuous period of at least 30 days; and
(b) has not given notice as mentioned in subsection (1) –
the resident is not liable to pay, in respect of a period of absence after those 30 days, any amount for any personal service that the operator ceases to provide to the resident in the resident's absence during that period.
(3) Where a resident vacates his or her residential premises in a retirement village, the resident ceases to be liable to pay any amount (other than an amount that has already accrued) in respect of any personal service that the operator ceases to provide to the resident after the resident vacates the residential premises.
(4) If the resident is entitled to the repayment (in whole or in part) of an ingoing contribution, the resident is not liable to pay any amount in respect of charges for personal service that may accrue after he or she has ceased to reside in the retirement village until the ingoing contribution is repaid, but the operator may then, at the time of repayment, deduct from the ingoing contribution any amount payable by the resident.