Page 560 - Week 02 - Thursday, 14 February 2013

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Where a residential tenancy agreement entered into by a resident and an operator expressly excludes the operation of the Retirement Villages Act, the Residential Tenancies Act 1997 provisions should apply, and this amendment has that effect.

This bill makes a number of minor and largely technical amendments to the Retirement Villages Act. Most of these amendments correct cross-references in the act, amend terminology used in the act to ensure consistency with New South Wales terms where appropriate, and make language used in the act more user friendly. A reference to “strict liability” in section 151 is removed as there are no offences in the section.

The bill inserts new section 15A into the act, which makes provision for people who are occupying premises or who have occupancy rights in relation to a village which has ceased to be a retirement village. This provision was originally viewed as having effect on existing residence contracts. On further consideration, this provision is necessary to prospectively deal with future occasions when retirement villages cease to operate. The proposed transitional provisions in the regulation currently being consulted on with community stakeholders will provide for the effect of this section on existing retirement villages and contracts.

Lastly, this bill amends the two-year expiry in section 504(4) from two years to five years, consistent with the remainder of part 20 of the act. This will allow the transitional provisions inserted by the regulation to be kept in the act for as long as part 20 remains.

This bill introduces amendments to the statute book that are minor and uncontroversial in nature, but are still important to the commencement of the new retirement village scheme. I commend the bill to the Assembly.

Debate (on motion by Mr Smyth) adjourned to the next sitting.

Legislative Assembly—independence from religious faith

Statement by Speaker

MADAM SPEAKER: We are moving to Assembly business. Could I seek the advice of the Assembly about how to proceed? I have received advice from the Clerk in relation to the first motion which is currently being copied for circulation to members. I was going to provide it to members but the attendants have not come back with a copy of that. Could I suggest that we might go to the annual reports motion and then come back to the other one while the advice is being circulated?

Mr Smyth: I think it has just arrived, Madam Speaker.

Mr Hanson: Madam Speaker, it might be useful to do as you suggest so that we can have a look at the advice and have time to digest it prior to the debate that is going to occur. I assume that—

Mr Corbell: We should proceed, as the item is listed on the notice paper.

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