28   No restriction on right to seek independent advice

(1)  An operator of a retirement village must not restrict any person’s right to seek independent advice before entering into a village contract with the operator.

Maximum penalty: 10 penalty units.

(2)  An operator of a retirement village must not require a resident or a prospective resident to use the services of a legal practitioner, licensed conveyancer or other adviser nominated by the operator.

Maximum penalty: 10 penalty units.

(3)  If a resident or a prospective resident is required to use the services of a legal practitioner, licensed conveyancer or other adviser in contravention of this section, the operator of the village concerned is liable to pay to the resident or prospective resident the amount of any fees paid by the resident or prospective resident to that legal practitioner, licensed conveyancer or other adviser for those services.

(4)  If the operator of a retirement village does not, on request, pay the amount due to a resident or prospective resident under subsection (3), the resident or prospective resident concerned (or the executor or administrator of his or her estate) may apply to the Tribunal for (and the Tribunal may make) an order directing the operator to make the payment.