239Remedies

239 Remedies

(1) This section applies to a resident—

(a) who is a party to a prohibited transaction; or

(b) whose real or personal property has been dealt with by a provider, or a close associate of a provider, in contravention of section 236.

(2) A resident to whom this section applies may apply to a court of competent jurisdiction for a declaration that the transaction which the resident entered into with the provider or close associate of the provider (as the case requires) of the supported residential service is void.

(3) If the transaction relates to real or personal property that is no longer in the possession of the provider or close associate of the provider (as the case requires), the resident may also apply to the court referred to in subsection (2) to recover the value of the property, less any consideration already received by the resident, as a debt from the provider or the close associate.

(4) If the transaction relates to real or personal property that is still in the possession of the provider or close associate of the provider (as the case requires), the resident may also apply to the court referred to in subsection (2) for an order that the provider or close associate return the property to the resident.

(5) The rights of a resident under this section are in addition to any other rights that the resident may have under any other Act, the common law or at equity.

Division 7—Fees, charges and security deposits