Retirement Villages Act 1995

(1) If the administering authority of a retirement village is of the opinion that residential premises occupied by a resident of the retirement village are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident, the authority may apply to the Court for an order terminating the resident's residence contract and fixing a date by which the resident must vacate the residential premises occupied by the resident.

(2) The Court may, on application by an administering authority under this section, make an order terminating the residence contract, but only if:

(a) it is satisfied that any procedures specified under any applicable code or Act or the residence contract for giving notice of intention to terminate the residence contract and for termination of the contract have been complied with by the authority; and

(i) the residential premises occupied by the resident are, because of the resident's physical or mental incapacity, unsuitable for occupation by the resident; and

(ii) having considered the circumstances of the case, it is otherwise appropriate to make an order terminating the residence contract.

(3) The Court shall not form an opinion under subsection (2)(b)(i) unless it has considered a medical report with respect to the resident prepared by a medical practitioner nominated by the resident or, if such a report is not supplied or a nomination is not made, has given the resident a reasonable opportunity to supply such a report or make such a nomination.

(4) In determining whether to terminate a residence contract under this section, the Court may:

(a) with the consent of the resident, request the Chief Health Officer or any other person or any body to prepare a report with respect to the resident's physical or mental capacity; and

(b) have regard to any such report and any other report prepared on behalf of the resident or the administering authority,

and shall have regard to any terms of the residence contract relating to the transfer of the resident to other residential premises in the retirement village.

(5) If the Court makes an order terminating a residence contract under this section, the Court shall fix in the order a date by which the resident must vacate the residential premises occupied by the resident.

(6) In addition to any other order it may make under this section, the Court may make an order for the payment or refund of money by an administering authority to a resident or by a resident to an administering authority.