RETIREMENT VILLAGES ACT 1986 - SECT 16 Termination of residence contract

RETIREMENT VILLAGES ACT 1986 - SECT 16

    (1)     In this section—

"owner" means owner for the time being of retirement village land.

    (2)     If a resident is in breach of a provision of a residence contract the owner may serve on the resident a notice specifying the breach and—

        (a)     requiring the breach to be remedied; or

        (b)     if the breach is not capable of being remedied, requiring the resident to cease committing the breach—

within 28 days after the date of service of the notice.

    (3)     If—

        (a)     an owner has served on a resident a notice under subsection (2); and

        (b)     the resident has not complied with the notice at the end of 28 days after the date of service of the notice; and

        (c)     the breach specified in the notice is substantial—

the owner may serve on the resident a notice specifying the breach and requiring the resident to leave the retirement village on or before a date stated in the notice, which is not earlier than 60 days after the date of service of the notice.

    (4)     If a resident has a residence right by virtue of a contract which creates a periodic tenancy the owner may serve on the resident notice requiring the resident to leave the retirement village on a date which is not earlier than—

        (a)     six months after the date of service of the notice; or

        (b)     the end of the period of the tenancy—

whichever last happens.

    (5)     An owner may serve on a resident a notice requiring the resident to leave a retirement village within 14 days after the service of the notice if—

        (a)     the residence contract authorizes the giving of the notice and, if the contract includes conditions which must be complied with before the notice can be given, those conditions have been complied with; and

S. 16(5)(b) amended by Nos 23/1994 s. 118(Sch. 1 item 49), 97/2005 s. 182(Sch. 4 item 43), 13/2010 s. 51(Sch. item 47).

        (b)     the notice includes a copy of a certificate signed by 2 persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student), one of whom is nominated or agreed to by the resident and stating to the effect that the resident needs care of a kind which is not available at the retirement village.

    (6)     A notice under this section may be served on a resident personally or by post addressed to the resident at the resident's address in the retirement village or at the resident's last known address.

    (7)     An owner who—

        (a)     serves on a resident a notice requiring the resident to remedy, or cease committing, a breach of a residence contract which does not comply with subsection (2); or

        (b)     serves on a resident a notice requiring the resident to leave a retirement village which is not a notice in accordance with the provisions of subsections (3), (4) or (5)—

is guilty of an offence.

Penalty:     50 penalty units.

Part 4 — Dealings