45Inconsistency between village contract and disclosure

45 Inconsistency between village contract and disclosure statement (1) This section applies if a provision in a village contract for residential premises in a retirement village is inconsistent, to the detriment of a resident of the village, with the information contained in the disclosure statement for the residential premises given to the resident.

(2) The village contract must be construed (as far as practicable) as if it included the information in the disclosure statement instead of the inconsistent term. (3) Subsection (2) does not apply if the inconsistent term is a term of a standard form contract. Note Standard form contract—see s 67. (4) If there is a dispute between a resident of a retirement village and the operator of the village about whether there is an inconsistency mentioned in subsection (1), the resident may apply to the ACAT for an order deciding the dispute. (5) The order must state the way in which the contract must be construed.