New South Wales Consolidated Acts

RETIREMENT VILLAGES ACT 1999 - SECT 82

82 Application to Tribunal concerning non-resident

(1) If the operator of a retirement village refuses to enter into a residence contract referred to in section 81, the relative of the resident may apply to the Tribunal for an order directing the operator of the village to enter into the contract within the time specified in the order.

(2) If the relative of the resident--

(a) refuses to enter into a residence contract with the operator of the village in respect of the residential premises concerned, and

(b) refuses to deliver vacant possession of the residential premises to the operator,

the operator may apply to the Tribunal for an order directing the relative of the resident to deliver vacant possession of the premises to the operator within the time specified in the order.

(3) On an application made to it under this section, the Tribunal may make the order sought or any other order of a kind referred to in this section, as the Tribunal considers appropriate.

(4) If the Tribunal is satisfied that the relative of the resident refused to enter into a residence contract only because the terms of the proposed contract were unreasonable, the Tribunal may set the terms of the contract (having regard to the terms of other residence contracts in force in the village) and direct the operator and the relative of the resident to enter into the contract within the time specified in the order.

(5) The operator of the village must not enter into a residence contract in respect of the residential premises with any person other than the relative of the resident unless--

(a) the relative delivers vacant possession of the premises to the operator, or

(b) the Tribunal orders the relative to do so.

(6) A contract entered into in contravention of subsection (5) is void.

(7) If--

(a) a person who was occupying residential premises in the retirement village with a resident who has vacated the premises is not a person referred to in section 81 (1), and

(b) the person refuses to deliver vacant possession of the premises to the operator,

the operator may apply to the Tribunal for (and the Tribunal may make) an order requiring the person to deliver vacant possession of the premises to the operator within the time specified in the order.