DISABILITY ACT 2006 - SECT 76 Notice to vacate by disability service provider
DISABILITY ACT 2006 - SECT 76
Notice to vacate by disability service providerS. 76(1) amended by No. 22/2012 s. 28(1).
(1) A disability service provider may give a resident a written notice to vacate a group home if—
S. 76(1)(a) amended by No. 22/2012 s. 28(1).
(a) the resident by act or omission endangers the safety of other residents or staff of the group home;
(b) the resident is causing serious disruption to the proper use and enjoyment of the premises by other residents;
S. 76(1)(c) amended by No. 22/2012 s. 28(1).
(c) the resident is a danger to themselves and the disability service provider cannot continue to support the resident in the group home;
(d) it is for the resident's safety or well-being;
(e) the resident has knowingly or intentionally damaged the room or the premises;
(f) the resident has used the premises for a purpose that is illegal at common law or under an Act;
(g) the resident has failed to pay the residential charge;
S. 76(1)(h) amended by No. 22/2012 s. 28(1).
(h) the disability service provider intends to repair, renovate, reconstruct or demolish the premises immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the resident vacates the group home;
(i) disability services will not continue to be provided at the premises;
(j) the premises is not suitable for the provision of disability services;
S. 76(1)(k) amended by No. 22/2012 s. 28(1).
(k) the level and kind of support services provided in the group home is not appropriate to the needs of the resident because of a change in the resident's support needs;
(l) the premises is to be sold or offered for sale with vacant possession;
(m) no reason is to be specified.
(2) A notice to vacate on a ground specified under paragraph (a), (b), (c), (d), (e), (f), (j) or (k) of subsection (1)—
S. 76(2)(a) amended by No. 22/2012 s. 28(2).
(a) cannot be given unless a temporary relocation notice issued on the same ground has already been given at least 24 hours previously; and
(b) may specify a termination date that is not less than 28 days after the date on which the notice is given.
(3) A notice to vacate on a ground specified under paragraph (g), (h), (i) and (l) of subsection (1) may specify a termination date that is not less than 60 days after the date on which the notice is given.
(4) A notice to vacate under paragraph (m) of subsection (1) may specify a termination date that is not less than 120 days after the date on which the notice is given.
(5) If—
S. 76(5)(a) amended by No. 22/2012 s. 28(3).
(a) the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in a group home; and
S. 76(5)(b) amended by No. 22/2012 s. 28(3).
(b) a room equivalent to the resident's room at an equivalent residential charge is available in the group home—
the disability service provider must not give the notice under subsection (1)(h) unless the disability service provider has first offered an equivalent room to the resident and the resident has refused to occupy that room in place of the resident's current room.
(6) A notice to vacate under this section—
(a) must specify the ground on which the notice is given;
(b) must state the termination date in accordance with this section;
S. 76(6)(c) amended by No. 22/2012 s. 28(4).
(c) must be signed by the disability service provider;
S. 76(6)(d) substituted by No. 22/2012 s. 28(5).
(d) must be given to—
(i) the resident; and
(ii) the resident's guardian or the resident's administrator, if any.
(7) The disability service provider must notify the Secretary and the Public Advocate of the details of a notice to vacate within 24 hours of the notice to vacate being given.
(8) For the purposes of subsection (1)(k), "support services" has the same meaning as it has in section 60(3).