Retirement Villages Act 1992

If the operator 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 operator may apply to the Tribunal 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.

The Tribunal may, on application by an operator under this section, make an order terminating the residence contract, but only if the Tribunal is satisfied that any procedures specified under any applicable code or the residence contract for giving notice of intention to terminate the residence contract and for termination of the contract have been followed by the operator and the Tribunal is of the opinion that —

the residential premises occupied by the resident are, because of the resident’s physical or mental incapacity, unsuitable for occupation by the resident; or

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

In determining whether to terminate a residence contract under this section, the Tribunal may —

with the consent of the resident, request the chief executive officer of the Department as defined in section 3 of the Health Legislation Administration Act 1984 or any other person or any body to prepare a report with respect to the resident’s physical or mental capacity; and

have regard to any such report and any other report prepared on behalf of the resident or the operator.

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

In addition to any other order the Tribunal may make under this section, the Tribunal may make an order for the payment or refund of money by an operator to a resident or by a resident to an operator.