New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 67

67 Restriction of operator’s access to residential premises

(1) The operator of a retirement village and any person authorised by the operator must not, while a person has residence rights in relation to residential premises in the village, enter those residential premises except as permitted by this section.

(2) The operator or other person may enter residential premises in the village only in the following circumstances:

(a) if the resident consents to the entry,

(b) in an emergency, or if the operator has reasonable cause for concern about the health or safety of a person that the operator believes is on the premises,

(c) in order to carry out urgent repairs,

(d) in order to carry out general maintenance, but only if 7 days’ notice has been given to the resident,

(e) in order to carry out a general inspection of the premises, but only if:

(i) the premises are not owned by the resident, and

(ii) 7 days’ notice has been given to the resident, and

(iii) a general inspection of the premises has not been carried out more than once in the immediately preceding 12 months,

(f) in accordance with an order of the Tribunal,

(g) in any other circumstances prescribed by the regulations.

(3) The Tribunal may, on the application of the operator, make an order authorising the operator or any other person to enter residential premises in the village.

(4) A resident of a retirement village who is of the opinion that the operator of the village has contravened any provision of this section in relation to the resident may apply to the Tribunal for an order for either or both of the following:

(a) an order directing the operator to pay compensation to the resident,

(b) an order directing the operator to comply with this section.

(5) On an application made under subsection (4), the Tribunal may make the order sought or any other order of a kind set out in that subsection.