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RETIREMENT VILLAGES ACT 1999 - SECT 67
Restriction of operator's access to residential premises
(1) The operator of a retirement village and any person authorised by the
operator must not, while a person has residence rights in relation to
residential premises in the village, enter those residential premises except
as permitted by this section. : Maximum penalty--20 penalty units.
(2) The
operator or other person may enter residential premises in the village only in
the following circumstances-- (a) if the resident consents to the entry,
(b)
in an emergency, or if the operator has reasonable cause for concern about the
health or safety of a person that the operator believes is on the premises,
(c) in order to carry out urgent repairs,
(d) in order to carry out general
maintenance, but only if 7 days' notice has been given to the resident,
(e)
in order to carry out a general inspection of the premises, but only if-- (i)
the resident is not a registered interest holder with respect to the premises,
and
(ii) 7 days' notice has been given to the resident, and
(iii) a general
inspection of the premises has not been carried out more than once in the
immediately preceding 12 months,
(f) in accordance with an order of the
Tribunal,
(g) in any other circumstances prescribed by the regulations.
(3)
The Tribunal may, on the application of the operator, make an order
authorising the operator or any other person to enter residential premises in
the village.
(4) A resident of a retirement village who is of the opinion
that the operator of the village has contravened any provision of this section
in relation to the resident may apply to the Tribunal for an order for either
or both of the following-- (a) an order directing the operator to pay
compensation to the resident,
(b) an order directing the operator to comply
with this section.
(5) On an application made under subsection (4), the
Tribunal may make the order sought or any other order of a kind set out in
that subsection.
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