Retirement Villages Act 2012

On application under section 229, the ACAT must decide whether the operator’s decision not to consent to a residential tenancy agreement mentioned in that section is reasonable in the circumstances, taking into account—

whether the residential premises are suitable for occupation by the proposed tenant or subtenant, taking into account the proposed tenant’s or subtenant’s physical and mental capacity; and

anything else the ACAT considers relevant.

However, the age of the proposed tenant or subtenant is not relevant if the proposed tenant or subtenant is a retired person.

On making a decision under subsection (1), the ACAT may make an order—

directing the operator to consent to the residential tenancy agreement and pay the compensation (if any) stated in the order; or

declaring that the operator is not obliged to consent to the agreement.

The operator is taken to have consented to the residential tenancy agreement on the making of an order under subsection (3) (a).