164Application for order appointing administrator

164 Application for order appointing administrator

164 Application for order appointing administrator

(1) The Supreme Court may, on application by the Commissioner in accordance with the rules of the Court, make an order appointing a specified person as an administrator of a community—

(a) to exercise all the functions of the operator of the community, or

(b) to exercise specified functions of the operator, or

(c) to exercise all the functions other than specified functions of the operator.

(2) The Commissioner may apply for an order under this section only if the Commissioner is of the opinion that—

(a) the well-being or financial security of the residents of the community has been, or is likely to be, seriously affected by the continued operation of the community by the operator, or

(b) the operator of the community is wilfully and repeatedly acting in contravention of an order made by the Tribunal or a court in relation to the community or a direction given as disciplinary action by the Commissioner.

(3) For the purpose of determining whether an application for an order under this section should be made, the Commissioner may appoint a person to inquire into, and report to the Commissioner on, the well-being and financial security of the residents of a community.

(4) The Commissioner is not to apply for an order appointing a person as an administrator under this Division unless the person has consented in writing to the appointment.

(5) More than one order may be made under this Division in respect of the same community.