187Ending of residence contract on medical grounds

187 Ending of residence contract on medical grounds (1) A party to a residence contract for residential premises in a retirement village may apply to the ACAT for an order ending the residence contract if the party considers that residential premises occupied by the resident under the contract are unsuitable because of the resident’s physical or mental incapacity. (2) On application, the ACAT may make an order ending the residence contract if— (a) the ACAT reasonably believes that the residential premises occupied by the resident are unsuitable because of the resident’s physical or mental incapacity; and (b) having considered the circumstances of the case, the ACAT reasonably believes that it is otherwise appropriate to make an order ending the residence contract. (3) The ACAT must not form a belief under subsection (2) (a) unless— (a) the ACAT has considered a medical report in relation to the resident prepared by a doctor nominated by the resident; or (b) if the ACAT does not receive a medical report—the ACAT has given the resident a reasonable opportunity to give a report. (4) In deciding whether to end a residence contract, the ACAT may— (a) with the resident’s consent, ask the director-general or someone else to prepare a report in relation to the resident’s physical or mental capacity; and (b) consider the report and any other report prepared on behalf of the resident or the operator; and

Ending of residence contract by ACAT on application of either operator or resident Division 9.2 (c) consider any term of the residence contract relating to the transfer of the resident to other residential premises. (5) If the ACAT makes an order ending a residence contract under this section, the ACAT must state in the order a day by when the resident