Tribunal may appoint statutory manager on application of Commissioner
75B Tribunal may appoint statutory manager on application of Commissioner
The Tribunal may, on application by the Commissioner under this section, make an order appointing one or more persons specified in the application to perform —
all the functions of the operator of a retirement village; or
specified functions of the operator of a retirement village; or
all the functions other than specified functions of the operator of a retirement village,
and may make such other orders as the Tribunal thinks fit.
An application under this section is to be accompanied by —
a copy of the consent given under section 75C(1) by each person to be appointed; and
the Commissioner’s recommendations as to the statutory manager’s terms and conditions to be dealt with in the order under section 75E.
The Commissioner must give a copy of the application to the operator.
For the purposes of the State Administrative Tribunal Act 2004 section 36, the operator is a party to proceedings on an application under this section.
The Tribunal may make an order appointing a statutory manager only if the Tribunal is satisfied that —
the wellbeing or financial interests of the residents of the retirement village may be at risk if the operator continued to perform all the functions of the operator of the retirement village; or
the operator has contravened, or is contravening, an order made by the Tribunal or a court in relation to the operator or the retirement village; or
the operator has contravened, or is contravening, section 18 or another provision of this Act, or a provision of the regulations, prescribed for the purposes of this subsection.
Without limiting the matters to which the Tribunal may have regard for the purposes of subsection (5)(a), for those purposes the Tribunal must have regard to any prescribed provisions of any applicable code.
If 2 or more persons are appointed under subsection (1), a function of the operator to be performed by the statutory manager under this Part may be performed by any one of them, or by any 2 or more of them together, except to the extent that the order appointing them provides otherwise.
Unless sooner revoked, an order under this section has effect for the period specified in the order.
The Tribunal is not to require the Commissioner, as a condition of granting an application under this section, to give an undertaking as to damages.
[Section 75B inserted: No. 36 of 2012 s. 16; amended: No. 42 of 2024 s. 48(1), 51 and 53(1).]
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