Effective regulation of the retirement village industry requires a cooperative approach between all parties.
The Retirement Villages Unit (RVU) is committed to promoting cooperative working relations with representative industry organisations and individual operators. Good working relations assist operators to understand their obligations under the Retirement Villages Act 2016 and the Retirement Villages Regulations 2017 and encourage effective management and consistency across the retirement village industry.
The RVU will advise, educate and consult collaboratively, and where necessary, will use the full suite of tools available to achieve compliance.
Shared responsibilities and expected behaviours
Operators and the RVU each have responsibilities to support compliance.
Operator and individual responsibilities
Operators and individuals are responsible for:
Legal compliance: actively maintaining awareness of, and complying with, legal obligations relevant to their industry.
Work standards and processes: establishing work standards and processes to achieve and maintain compliance.
Verification: undertaking assessments to verify compliance.
Community expectations: considering community expectations regarding compliance.
Responding to non-compliance: remedying non-compliance in a timely and efficient manner.
Communication: maintaining open channels of communication with the Retirement Villages Unit until non-compliance is resolved.
Dispute resolution: exploring resolution options with the Retirement Villages Unit where there is a dispute about non-compliance.
RVU responsibilities
The Retirement Villages Unit is responsible for:
Administration of the Act: effectively administering the Act.
Guidance and support: providing information, education, guidance and support to the community, industry and individuals about compliance responsibilities.
Accessibility and regulatory burden: supporting accessibility and understanding of requirements and reducing regulatory burden where possible.
Monitoring compliance: taking an informed and risk based approach to monitoring compliance.
Research and development: undertaking research, analysis and consultation to develop compliance materials.
Community expectations: considering community expectations regarding industry compliance.
Professional conduct: undertaking activities in a professional, ethical and transparent manner.
Enforcement capability: maintaining the effectiveness and integrity of enforcement by ensuring authorised officers are appropriately trained and equipped.
Enforcement principles
The following principles guide how the RVU undertakes enforcement activities and responds to alleged non‑compliance.
Accountable and transparent
The RVU will be able to explain compliance enforcement decisions. It will operate openly, making expectations and enforcement approaches clear.
Fair and consistent
To provide greater certainty for operators and individuals, the RVU will adopt a generally consistent approach when responding to incidents of non-compliance. Decisions are made with impartiality and integrity, following natural justice principles.
Outcomes based
The RVU will generally focus on the outcomes it is seeking to achieve when undertaking enforcement activities and use the most effective tool/s for achieving the desired outcome.
Proportionate and targeted
Enforcement activities will generally be proportionate to the level of risk and the seriousness of the non-compliance. Compliance activities will generally be focused on areas assessed as higher risk and/or assessed by the RVU to be of public interest.
Public interest
To consider the effect of decisions on the good order and functioning of the community and government affairs, and for the wellbeing of the community.
Contact the Retirement Village Unit
Email: retirementvillages@sa.gov.au
