❓ A parliamentary question regarding Fini Villages and potentially wrongly collected monies from deceased estates due to changes in residency contracts. The government acknowledges the issue is before the District Court and advises affected residents to contact the Department of Consumer and Employment Protection.
AnsweredQoN 556Legislative Council
QuestionView source ↗
The minister dealing with this question would normally be Hon Jon Ford. Given the decision by the Department for Community Development to excise amendments to the Retirement Villages Act that would have validated past changes to residency contracts retrospectively - (1) Will the government ensure that any money wrongly collected by Fini Villages and its management company from deceased estates due to the varying of residency contracts without the consent of the Retirement Villages Disputes Tribunal or the State Administrative Tribunal will be returned to the families of the deceased? (2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE
AnswerView source ↗
Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Given the decision by the Department for Community Development to excise amendments to the Retirement Villages Act that would have validated past changes to residency contracts retrospectively - (1) Will the government ensure that any money wrongly collected by Fini Villages and its management company from deceased estates due to the varying of residency contracts without the consent of the Retirement Villages Disputes Tribunal or the State Administrative Tribunal will be returned to the families of the deceased? (2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
(1) Will the government ensure that any money wrongly collected by Fini Villages and its management company from deceased estates due to the varying of residency contracts without the consent of the Retirement Villages Disputes Tribunal or the State Administrative Tribunal will be returned to the families of the deceased? (2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
(2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Given the decision by the Department for Community Development to excise amendments to the Retirement Villages Act that would have validated past changes to residency contracts retrospectively - (1) Will the government ensure that any money wrongly collected by Fini Villages and its management company from deceased estates due to the varying of residency contracts without the consent of the Retirement Villages Disputes Tribunal or the State Administrative Tribunal will be returned to the families of the deceased? (2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
(1) Will the government ensure that any money wrongly collected by Fini Villages and its management company from deceased estates due to the varying of residency contracts without the consent of the Retirement Villages Disputes Tribunal or the State Administrative Tribunal will be returned to the families of the deceased? (2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
(2) Does the government agree that it is invalid to allow a majority of 75 per cent of village residents to accept a company’s proposal to vary residency contracts in exchange for the reduction of monthly payments against the wishes of individual contract holders and without the approval of the tribunal, particularly when this benefits the management company? The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The PRESIDENT : Before the Leader of the House answers the question, I recall reading something fairly recently to the effect that this issue is before the District Court. The Leader of the House may wish to bear that in mind when answering the question. The Leader of the House may choose to not answer the question depending on what he has in front of him. Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Hon KIM CHANCE replied: Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Thank you, Mr President. I believe that the answer to the question properly takes that matter into account. Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Again, this is a lengthy answer, so, on behalf of the minister representing the Minister for Consumer and Employment Protection, I seek leave to have the material incorporated into Hansard . Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
Leave granted. The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The following material was incorporated - I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
I thank the Hon. Member for some notice of this question. 1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
1. This question assumes that Fini Villages wrongly collected monies from the deceased estates because of changes made to contracts without the approval of the State Administrative Tribunal (or its predecessor Retirement Villages Disputes Tribunal). The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
The question of whether the State Administrative Tribunal’s consent is required for contractual changes is the subject of an appeal heard by the District Court on 15 August 2005 - the decision for which has been reserved. The State Government has determined not to proceed with any legislative amendments to the Retirement Villages Act 1992 until the result of the appeal is known and until it has given further consideration to submissions received on the proposed amendment. If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
If residents believe that monies were wrongly collected from deceased estates, they should contact the Department of Consumer and Employment Protection on 1300 30 40 54 for advice and assistance. If any unauthorised changes have been made, then there would be a right of action under the Retirement Villages Act in the State Administrative Tribunal. 2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
2. This question implicitly asks for an opinion to be expressed on a matter which at least in part remains before the Court. It is therefore inappropriate to provide a specific answer beyond saying that contracts and contract terms vary widely, as do the circumstances in which they may be varied or changed. A resident when signing up to a residency contract is bound by its provisions, which may include mechanisms for approving changes to that contract. If the changes are made in accordance with the contract and the requirements of the Retirement Villages Act , it is appropriate that the resident is bound by that contract.
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