276VCAT must make order to vacate in certain circumstances

276 VCAT must make order to vacate in certain circumstances

(1) VCAT must make an order requiring a resident to vacate a supported residential service on the day specified in the order to vacate if satisfied—

(a) in the case of an application where notice to vacate has been given by the provider, that—

(i) the provider was entitled to give the notice to vacate; and

(ii) the notice to vacate has not been withdrawn; and

(b) in the case of an application where a notice of intention to vacate has been given by a resident, that the provider acted reasonably by relying on the notice of intention to vacate; and

(c) that the provider has complied with section 72 of the Victorian Civil and Administrative Tribunal Act 1998; and

(d) that the resident is still residing at the supported residential service after the termination date specified in the notice to vacate or notice of intention to vacate, as the case requires.

(2) If an application for an order to vacate is made under section 274(2)—

(a) the application must be heard within 14 days after the application is made; and

(b) any order to vacate must be made within 7 days of that hearing.