New South Wales Consolidated Acts

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RETIREMENT VILLAGES ACT 1999 - SECT 128

Order of Tribunal

128 Order of Tribunal

(1) The Tribunal may, on application by a resident (or residents) or an operator under this Act, make one or more of the following orders--
(a) an order directing the resident (or residents) or operator to comply with a requirement of this Act or the regulations,
(b) an order that varies or sets aside a provision of a village contract that conflicts with this Act or the regulations,
(c) an order that--
(i) restrains any action in breach of any village contract or village rule, or
(ii) requires the performance of any village contract or village rule,
(d) an order directing the resident (or residents) or operator to perform such work or take such other steps as the order specifies to remedy a breach of a village contract or village rule,
(e) an order for the payment of an amount of money,
(f) an order for compensation,
(g) an order that requires payment to the Tribunal of all or part of any recurrent charges payable by a resident (or residents) to the operator until the whole or part of any village contract has been performed or any application for compensation has been determined,
(h) an order that requires payment (out of recurrent charges paid to the Tribunal) towards the cost of remedying a breach of a contract or towards the cost of any compensation,
(k) in the case of an application in relation to any other dispute made by a resident (or residents) or an operator of a retirement village that is subject to a community land scheme and with the concurrence of the other party to the dispute--any order that the Tribunal may make under the Community Land Management Act 1989 to determine the dispute,
(k1) in the case of an application in relation to any other dispute made by a resident (or residents) or an operator of a retirement village that is subject to a strata scheme and with the concurrence of the other party to the dispute--any order that the Tribunal may make under the Strata Schemes Management Act 2015 to determine the dispute,
(l) any other order prescribed by the regulations for the purposes of this section.
(2) Nothing in this section limits the orders that the Tribunal may make under this Act.



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