Western Australian Consolidated Acts Western Australian Consolidated Acts (1) If —
(a) a
resident of a retirement village breaches the resident’s residence
contract or the residence rules of a retirement village; and
(b) any
procedures specified under any applicable code or the residence contract for
giving notice of intention to terminate the residence contract and for
termination of the residence contract have been complied with by the
administering body of the retirement village,
the administering body
may apply to the State Administrative Tribunal for an order terminating the
contract and fixing a date by which the resident must vacate the residential
premises occupied by the resident.
(2) The State
Administrative Tribunal may, on application by an administering body under
this section, make an order terminating the residence contract, but only if
the State Administrative Tribunal is satisfied that —
(a) the
breach, in the circumstances of the case, is such as to justify termination of
the contract; or
(b)
persistent breaches by the resident are, in the circumstances of the case,
such as to justify termination of the contract; or
(c)
having considered the circumstances of the case, it is otherwise appropriate
to do so.
(3) If the State
Administrative Tribunal makes an order terminating a residence contract under
this section, the State Administrative Tribunal shall fix in the order a date
by which the resident must vacate the residential premises occupied by the
resident.
(4) In addition to any
other order the State Administrative Tribunal may make under this section, the
State Administrative Tribunal may make an order for the payment or refund of
money by an administering body to a resident or by a resident to an
administering body.
[Section 59 amended by No. 55 of 2004
s. 1044.]