South Australian Consolidated Acts South Australian Consolidated Acts39—Rescission of resident contract by proprietor
(1) A proprietor of a
supported residential facility must, before exercising any right to terminate
a resident contract, give to the resident notice of the proposed termination
in accordance with subsection (2).
(a) be
in writing and conform with any requirement prescribed by the regulations; and
(b)
unless otherwise approved by the relevant licensing authority, be given to the
resident, or to his or her representative, personally or by post at least 28
days before the proposed termination takes effect; and
(c)
specify and give particulars of the grounds of the proprietor's decision to
terminate the contract; and
(d) set
out the rights that the resident has to make application for a review of the
decision under this Act.
(3) This section does
not apply—
(a) to
the extent of any inconsistency with another Act; or
(b) in
any circumstance prescribed by the regulations.
(4) This section does
not restrict the ability of the parties to a resident contract to enter into a
further agreement to discharge the contract by mutual agreement.
(5) If a provision of
this section is not observed, the proprietor of the facility is guilty of an
offence.
Penalty: Division 6 fine.