18Condition report—the Act, s 38

18 Condition report—the Act, s 38

18 Condition report—the Act, s 38

(1) The operator of a retirement village must ensure that a condition report is completed in accordance with this section.

Maximum penalty—10 penalty units.

(2) A condition report must be in the form set out in Schedule 2.

(3) A condition report must be completed in the presence of the prospective resident or the prospective resident’s nominee, unless otherwise agreed to in writing by the prospective resident.

(4) If a date required to be included in a condition report is not known, an approximate date must be given and identified as an approximate date.

(5) The person completing a condition report must use due diligence to be satisfied that the report is accurate.

(6) A prospective resident must be given not less than 14 days to consider a draft condition report and request changes to the report.

(7) A finalised condition report must be signed by—

(a) the operator of the retirement village, and

(b) if the prospective resident agrees with the content of the report—the prospective resident or the prospective resident’s nominee.

(8) A condition report must be finalised and given to a prospective resident, or the prospective resident’s nominee—

(a) if the premises are under construction—not less than 14 days before the prospective resident occupies the premises, or

(b) otherwise—not less than 14 days before the operator and the prospective resident enter into a village contract.