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Operators of retirement villages must ensure that people in key roles, such as senior managers and village managers, are suitable for their responsibilities.
The Retirement Villages Act 2016 outlines who is considered a disqualified person and cannot be an operator, or work as a senior manager or village manager in a village.
Who is not allowed to work in key roles
A person is disqualified if they:
- have been found guilty of a prescribed offence (such as murder, rape or other sexual offences)
- are insolvent under administration (as defined in the Corporations Act 2001)
- have been convicted of an offence involving violence, fraud or dishonesty in the past five years
- have served a prison sentence for such an offence that ended in the past five years
- are currently banned under the Aged Care Quality and Safety Act 2018
- are currently banned under the National Disability Insurance Scheme Act 2013.
A disqualified person is not allowed to:
- operate a retirement village
- work as a senior manager or village manager in a retirement village.
Retirement village operator responsibilities
Operators must:
- make sure that no disqualified person is employed or continues to work as a senior manager or village manager
- check that prospective employees are not disqualified before hiring them.
To demonstrate compliance with these requirements, operators must maintain organised, verifiable, and easily accessible records.
Examples of records relating to staff training
Examples of records relating to staff training include:
- induction documentation
- policies that outline training obligations
- training certificates and logs
- contractor compliance documentation
- a comprehensive staff compliance register (including for each staff member a brief note of the training completed, when it was done, who delivered it, and the key competency and outcome achieved).
Examples of records relating to background checks
Examples of records relating to background checks include:
- the criminal history report for each relevant staff member (including the date of the report, and the date the report was received by the operator)
- the statutory declaration from the person confirming no prescribed circumstances exist
- the outcome of the background checks and decision-making rationale.
Criminal history information is sensitive personal information. Operators must implement safeguards to ensure this information is stored securely and appropriate safeguards are in place to prevent unauthorised access, use of disclosure.
Confirming a person is not disqualified
To confirm that a person is not disqualified, operators must collect:
- a criminal history report from South Australia Police, the Australian Criminal Intelligence Commission (ACIC), or an ACIC-accredited agency or broker
- a statutory declaration from the person confirming whether any disqualifying circumstances apply.
This documentation must be updated at least every three years while the person is employed as a senior manager or village manager.
If a staff member becomes disqualified
If someone becomes a disqualified person while working as a senior manager or village manager, they must tell the operator as soon as possible.
Penalties
It is an offence:
- for a disqualified person to work as an operator, senior manager or village manager. The penalty is up to $35,000 or 1 year in prison
- for an operator to employ or retain a disqualified person in a senior role. The penalty is up to $35,000.
Contact the Retirement Village Unit
Email: retirementvillages@sa.gov.au
Related information
On this site
- Codes of conduct for operators and staff
- Training requirements for village staff and operators
- Retirement village legal and regulatory responsibilities
Other websites
- Retirement Village Registrar - Office for Ageing Well
- Australian Criminal Intelligence Commission (ACIC)
