Australian Capital Territory Numbered Regulations

RETIREMENT VILLAGES REGULATION 2013 (NO 5 OF 2013) - SCHEDULE 2

Schedule 2     Matter to be excluded from village contracts

(s 13 (2))

2.1     Dispute resolution

A village contract must not require the parties to the contract to attempt to resolve disputes between them by any process other than the process provided under the Act.

2.2     Wills

A village contract must not require a resident to have a will or to tell the operator about the location of a will.

2.3     Insurance

    (1)     A village contract must not include a provision under which the resident is required, or agrees, to take out an insurance policy, including contents insurance, ambulance fund or other form of health insurance.

    (2)     However, the contract may require a resident who uses a motorised wheelchair to take out appropriate insurance in relation to the wheelchair.

2.4     Legal, accounting and other expenses

A village contract must not include a provision enabling a resident to be charged individually for legal, accounting or other services incurred by the operator in—

        (a)     corresponding with the resident or a person acting on the resident's behalf; or

        (b)     enforcing the contract.

2.5     Absences

A village contract must not restrict the time a resident may be absent from the village.

2.6     Penalty terms

A village contract must not provide that, if a resident breaches the contract or the village rules, the resident is liable to pay—

        (a)     an increased amount of recurrent charges; or

        (b)     an amount as a penalty; or

        (c)     an amount as liquidated damages.

2.7     Exclusions

A village contract must not include a provision to the effect that a resident will not have the benefit or advantage of any legislation that may come into force and has the effect of relieving the resident of any obligation or liability under the contract.

2.8     Recurrent charges

    (1)     This section applies to a village contract that makes provision for the recurrent charges payable by a resident to be amended according to a fixed formula.

    (2)     The formula must not include a component relating to the actual or proposed expenditure of the village.

2.9     Disclaimers

A village contract must not include a provision removing liability from the operator for any negligent act or omission by the operator, its employees or agents.

2.10     Entire agreement

A village contract must not include a provision to the effect that the written contract represents the entire agreement between the parties to the contract.