(1) A scheme operator may terminate a resident’s right to reside in the
retirement village by giving the written notice required by this section to
the resident.
(2) If the resident’s right to reside in the
retirement village is to be terminated on either of the following grounds, the
scheme operator must give the resident 14 days notice—
(ii) seriously damaged the resident’s accommodation
unit; or
(iii) seriously damaged property of another person in the
retirement village;
(b) the resident is likely, intentionally or recklessly,
to do something mentioned in paragraph (a) (i) to (iii) .
(3) The scheme
operator must give the resident 2 months notice if the resident’s right to
reside in the retirement village is to be terminated on any of the following
grounds—
(a) the resident has committed a material breach of the contract;
(b) the scheme operator reasonably believes the resident has abandoned the
resident’s right to reside in the retirement village;
(c) the scheme
operator and a person who has assessed the resident’s care needs under the
Aged Care Act 1997 (Cwlth) , section 22. 4 reasonably believe the
resident’s type of accommodation is now unsuitable for the resident;
Example
of accommodation that is now unsuitable for the resident—
The resident
resides in an independent living unit and now needs help with personal care
not normally provided by the scheme operator.
(d) the operator is
implementing an approved closure plan.
(4) The notice must state—
(a) the
grounds on which the right to reside is being terminated; and
