South Australian Consolidated Regulations South Australian Consolidated Regulations11—Termination of residents' rights
(1) A notice under
section 31(12) of the Act (a "termination notice ) given to the resident
of a retirement village by the administering authority of the retirement
village—
(a) must
include the following information:
(i)
the name and address of the administering authority;
(ii)
the name and address of the retirement village;
(iii)
the name of the resident;
(iv)
that—
(A) the resident is being given notice of
the decision by the administering authority to terminate the resident's right
of occupation of a residence in the retirement village and the reasons for the
decision; and
(B) the decision is not effective until
confirmed by the Tribunal; and
(C) the resident will be notified of the
time and place of the hearing of the Tribunal and will be entitled to attend
and present matters related to the proposed termination; and
(D) if the Tribunal confirms the decision
to terminate—the Tribunal will set a date by which the resident must
leave the retirement village; and
(b) must
be signed and dated by the administering authority (or by a person duly
authorised to act on behalf of the administering authority).
(2) An application
under section 31(7) or (8) of the Act by the administering authority of a
retirement village to the Tribunal for confirmation of the administering
authority's decision to terminate a resident's right of occupation of a
residence in the retirement village—
(a) must
be made within 60 days after the date on which the termination notice was
given to the resident; and
(b) must
include the following information:
(i)
the name and address of the administering authority;
(ii)
the name and address of the retirement village;
(iii)
the name of the resident;
(iv)
the address for service of notices on the resident;
(v)
evidence in support of the application;
(vi)
the date of the application;
(vii)
the date on which the termination notice was given to the
resident; and
(c) must
be signed and dated by the administering authority (or by a person duly
authorised to act on behalf of the administering authority); and
(d) must
be accompanied by—
(i)
a copy of the residence contract with the resident; and
(ii)
a copy of the residence rules; and
(iii)
a copy of the termination notice; and
(iv)
the prescribed fee.
(3) An application
under section 31(10) of the Act by the administering authority of a retirement
village to the Tribunal for an order for ejectment of a resident from the
retirement village—
(a) must
include the following information:
(i)
the name and address of the administering authority;
(ii)
the name and address of the retirement village;
(iii)
the name of the resident;
(iv)
the address for service of notices on the resident;
(v)
the date of confirmation by the Tribunal of the decision
of the administering authority to terminate the resident's right of occupation
of a residence in the retirement village;
(vi)
the period set by the Tribunal for the resident to vacate
the retirement village; and
(b) must
be signed and dated by the administering authority (or by a person duly
authorised to act on behalf of the administering authority); and
(c) must
be accompanied by the prescribed fee.