Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A service contract
may be enforced against the administering body, for the time being, of the
retirement village.
(2) Every term
relating to the provision of a service to a resident under a service contract
binds a resident and each successor in title of the resident until the term is
varied or cancelled by the State Administrative Tribunal under this Act.
(3) Where a premium is
paid under a contract providing that it will be repaid in whole or in part on
the happening of a contingency and the contingency occurs, the sum repayable
shall be paid —
(a)
where the place formerly occupied by the resident in the retirement village is
subsequently occupied by another person — within 7 days
of that other person taking occupation;
(b) in
any other case — within 45 days of the day on which the
resident ceases to reside at that place in the retirement village.
(4) Any amount not
paid within the period referred to in subsection (3) may be recovered as
a debt from the administering body for the time being of the retirement
village.
(5)
Subsection (3) does not apply to a residence contract unless —
(a) the
residence contract has been terminated in accordance with the terms of the
residence contract; and
(b) the
resident does not have the right to appoint or nominate his or her own agent
for the purpose of disposing of the resident’s interest in the
retirement village.
(6) Proceedings will
not lie against the owner of land in a retirement village for the enforcement
of rights under subsection (1) or (2) unless —
(a) the
owner is a party to the contract under which the premium is repayable;
(b) the
owner is the sole administering body of the retirement village; or
(c) an
administering body other than the owner has failed to satisfy a judgment given
for the enforcement of those rights.
(7) In
subsection (2) service means a service referred to in the definition of
“service contract” in section 3.
[Section 19 amended by No. 55 of 2004
s. 1044.]