Retirement Villages Act 1999 No 81
Historical version for 7 February 2005 to 14 December 2006 (accessed 25 January 2015 at 23:16) Current version
Part 9Division 4Section 137

137   Tribunal may suspend or refuse order for termination

(1)  The Tribunal may suspend the operation of an order fixing a date by which a resident of a retirement village must vacate residential premises if it is satisfied that it is desirable to do so, having regard to the relative hardship likely to be caused by the order to:
(a)  the resident, or
(b)  other residents or the operator of the retirement village.
(2)  The Tribunal may, as a condition of the suspension of the operation of an order for possession, require the resident to pay to the operator an occupation fee specified by the Tribunal for the period for which the order for possession is suspended.
(3)  The Tribunal may refuse to make an order terminating a residence contract if it is satisfied that:
(a)  the operator was wholly or partly motivated to terminate the contract by the fact that:
(i)  the resident had applied or proposed to apply to the Tribunal for an order, or
(ii)  the resident had complained to a governmental authority or had taken some other action to secure or enforce his or her rights as a resident, or
(iii)  an order of the Tribunal was in force in relation to the resident and the operator, or
(b)  in the case of an application under section 134—the resident or operator who had breached the village contract or village rule remedied the breach concerned.
Top of page