Victorian Numbered Acts Victorian Numbered Acts(1) A disability service provider may give a resident a written notice to vacate a community residential unit if—
(a) the resident by act or omission endangers the safety of other residents or staff of the community residential unit;
(b) the resident is causing serious disruption to the proper use and enjoyment of the premises by other residents;
(c) the resident is a danger to themselves and the disability service provider cannot continue to support the resident in the community residential unit;
(d) it is for the resident's safety or well-being;
(e) the resident has knowingly or intentionally damaged the room or the premises;
(f) the resident has used the premises for a purpose that is illegal at common law or under an Act;
(g) the resident has failed to pay the residential charge;
(h) the disability service provider intends to repair, renovate, reconstruct or demolish the premises immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the resident vacates the community residential unit;
(i) disability services will not continue to be provided at the premises;
(j) the premises is not suitable for the provision of disability services;
(k) the level and kind of support services provided in the community residential unit is not appropriate to the needs of the resident because of a change in the resident's support needs;
(l) the premises is to be sold or offered for sale with vacant possession;
(m) no reason is to be specified.
(2) A notice to vacate on a ground specified under paragraph (a), (b), (c), (d), (e), (f), (j) or (k) of sub-section (1)—
(a) cannot be given unless a temporary relocation notice issued on any ground has already been given at least 24 hours previously; and
(b) may specify a termination date that is not less than 28 days after the date on which the notice is given.
(3) A notice to vacate on a ground specified under paragraph (g), (h), (i) and (l) of sub-section (1) may specify a termination date that is not less than 60 days after the date on which the notice is given.
(4) A notice to vacate under paragraph (m) of sub-section (1) may specify a termination date that is not less than 120 days after the date on which the notice is given.
(5) If—
(a) the proposed repairs, renovations or reconstruction will affect a resident's room but will not affect all the rooms in a community residential unit; and
(b) a room equivalent to the
resident's room at an equivalent residential charge is available in the
community residential unit—
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the disability service provider must not give the notice under sub-section (1)(h) unless the disability service provider has first offered an equivalent room to the resident and the resident has refused to occupy that room in place of the resident's current room.
(6) A notice to vacate under this section—
(a) must specify the ground on which the notice is given;
(b) must state the termination date in accordance with this section;
(c) must be signed by the disability service provider or their agent;
(d) may be addressed to the resident and to the resident's guardian or the resident's administrator, if any.
(7) The disability service provider must notify the Secretary and the Public Advocate of the details of a notice to vacate within 24 hours of the notice to vacate being given.
(8) For the purposes of sub-section (1)(k), "support services" has the same meaning as it has in section 60(3).