Retirement Villages Act 2012

The ACAT may suspend the operation of an order setting a day by when a resident of a retirement village must vacate residential premises if satisfied that it is desirable to do so, taking into account the relative hardship likely to be caused by the order to—

the resident; or

other residents or the operator of the village.

The ACAT may, as a condition of the suspension of the operation of an order for possession, require the resident to pay to the operator an occupation fee stated by the ACAT for the period for which the order for possession is suspended.

The ACAT may refuse to make an order ending a residence contract if satisfied that—

the operator was wholly or partly motivated to end the contract because—

the resident had applied or proposed to apply to the ACAT for an order; or

the resident had complained to a governmental authority or had taken some other action to secure or enforce the resident’s rights as a resident; or

an order of the ACAT was in force in relation to the resident and the operator; or

for an application under section 188 (Ending of residence contract on grounds of breach of village contract or rules)—the resident or operator who had breached the village contract or village rule remedied the breach.