Retirement Villages Act 2012

The operator of a retirement village and any person authorised by the operator (an authorised person) commits an offence if—

a person has a residence right in relation to residential premises in the village; and

the operator or authorised person enters the residential premises.

An offence against subsection (1) is a strict liability offence.

Subsection (1) does not apply if the operator or authorised person enters the residential premises in any of the following circumstances:

if the resident consents to the entry;

in an emergency, or if the operator has reasonable cause for concern about the health or safety of a person that the operator believes is on the premises;

to carry out urgent repairs;

to carry out general maintenance, but only if 7 days’ written notice has been given to the resident;

to carry out a general inspection of the premises, but only if—

the resident is not a registered interest holder in relation to the premises; and

7 days’ written notice has been given to the resident; and

a general inspection of the premises has not been carried out more than once in the preceding 12 months;

in accordance with an order of the ACAT;

in any other circumstance prescribed by regulation.

The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code, s 58).

The ACAT may, on application by the operator, make an order authorising the operator or another person to enter residential premises in the village.

A resident who reasonably believes that the operator has contravened this section in relation to the resident may apply to the ACAT for either or both of the following:

an order directing the operator to pay compensation to the resident;

an order directing the operator to comply with this section.

On application, the ACAT may make—

the order sought; or

any other order mentioned in subsection (4).