100Restriction of operator’s access to residential premises

100 Restriction of operator’s access to residential premises (1) The operator of a retirement village and any person authorised by the operator (an authorised person) commits an offence if— (a) a person has a residence right in relation to residential premises in the village; and (b) the operator or authorised person enters the residential premises.

(3) Subsection (1) does not apply if the operator or authorised person enters the residential premises in any of 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) to carry out urgent repairs; (d) to carry out general maintenance, but only if 7 days’ written notice has been given to the resident; (e) to carry out a general inspection of the premises, but only if— (i) the resident is not a registered interest holder in relation to the premises; and (ii) 7 days’ written 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 preceding 12 months; (f) in accordance with an order of the ACAT; (g) in any other circumstance prescribed by regulation. (4) The ACAT may, on application by the operator, make an order authorising the operator or another person to enter residential (5) A resident who reasonably believes that the operator has contravened this section in relation to the resident may apply to the ACAT 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.

(6) On application, the ACAT may make— (b) any other order mentioned in subsection (4).