New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 133

133 Termination on medical grounds

(1) The operator of a retirement village or a resident of the village may apply to the Tribunal for an order terminating the residence contract of the resident if the operator or resident concerned is of the opinion that residential premises occupied by the resident are unsuitable for occupation by that resident because of his or her physical or mental incapacity.

(2) The Tribunal may, on application under this section, make an order terminating the residence contract, but only if--

(a) it is of the opinion that the residential premises occupied by the resident are unsuitable for occupation by the resident because of the resident's physical or mental incapacity, and

(b) having considered the circumstances of the case, it is of the opinion that it is otherwise appropriate to make an order terminating the residence contract.

(3) The Tribunal must not form an opinion under subsection (2) (a) unless it has considered a medical report with respect to the resident prepared by a medical practitioner nominated by the resident or, if such a report is not supplied or a nomination is not made, has given the resident a reasonable opportunity to supply such a report or make such a nomination.

(4) The Tribunal is entitled to form an opinion under subsection (2) regardless of who made the application for the order to terminate the residence contract.

(5) In determining whether to terminate a residence contract under this section, the Tribunal may--

(a) with the consent of the resident, request the Secretary of the Ministry of Health or any other person or any body to prepare a report with respect to the resident's physical or mental capacity, and

(b) have regard to any such report and any other report prepared on behalf of the resident or the operator, and

(c) have regard to any terms of the residence contract relating to the transfer of the resident to other residential premises.

Note : A report referred to in paragraph (a) might be requested, for example, from a body known as an Aged Care Assessment Team.

(6) If the Tribunal makes an order terminating a residence contract under this section, the Tribunal must fix in the order a date by which the resident must vacate the residential premises concerned.