Australian Capital Territory Numbered Acts

RETIREMENT VILLAGES ACT 2012 (NO. 38 OF 2012) - SECT 188

    (1)     The operator of a retirement village may apply to the ACAT for an order ending the residence contract of a resident of the village who breaches—

        (a)     a village contract between the resident and the operator; or

        (b)     a village rule.

    (2)     A resident of a retirement village may apply to the ACAT for an order ending the resident's residence contract if the operator of the village breaches—

        (a)     a village contract between the resident and the operator; or

        (b)     a village rule.

    (3)     On application, the ACAT may make an order ending the residence contract if satisfied that—

        (a)     the breach, in the circumstances of the case, justifies ending the contract; or

        (b)     persistent breaches by the resident or operator, in the circumstances of the case, justify ending the contract.

    (4)     If the ACAT makes an order ending a residence contract, the ACAT must state in the order a day by when the resident must vacate the residential premises.

    (5)     If the ACAT forms the reasonable belief, in the course of a proceeding, that a village rule is unjust, unconscionable, harsh or oppressive, the ACAT may make an order—

        (a)     setting aside the rule; or

        (b)     modifying the operation of the rule, either in its application to the operator or to a resident (or to some or all of the residents) of the retirement village.