Enforceable Voluntary Undertakings (EVU)

What is an Enforceable Voluntary Undertaking (EVU)

An Enforceable Voluntary Undertaking (EVU) is a legally binding agreement proposed by a retirement village operator or another person (the applicant) in response to an alleged breach of the Retirement Villages Act 2016 (RV Act).

An EVU:

• is not an admission of guilt
• aims to address the alleged breach
• helps prevent future breaches
• helps to rectify the impacts of an alleged breach if possible
• supports residents and improves industry compliance.

When to propose an EVU

You can propose an EVU if:

• the registrar, minister or their delegate identifies an alleged breach of the Retirement Village Act (for example, during compliance or enforcement activities), or
• legal proceedings have started but are not yet finalised.

Before applying for an EVU

We recommend contacting the Retirement Villages Unit (RVU) before submitting your proposed EVU. Discussions are confidential and without prejudice.

The RVU may suggest terms to include in your EVU to improve its chances of being accepted.

Phone: (08) 8204 2420
Email: retirementvillages@sa.gov.au

What to include in your EVU

Each EVU must be tailored to the specific circumstances, however it should generally include:

• details about the applicant
• a description of the alleged breach
• acknowledgment that the minister or delegate is satisfied a breach occurred
• a statement explaining why an EVU is appropriate instead of prosecution
• enforceable terms, such as:
  • actions to comply with the RV Act
  • steps to prevent or reduce harm
  • actions to support affected residents and improve village operations
  • how compliance will be monitored and reported.

How EVUs are assessed

The RVU assesses each EVU application using its Enforcement Framework. It then provides recommendations to the minister or delegate.

Assessment considers:

• the nature and impact of the alleged breach
• whether behaviour change or penalties are more appropriate
• the applicant’s compliance history
• potential outcomes if the matter proceeds to court
• any other relevant factors.

Each application is assessed on its own merits.

Decisions and next steps

The minister or delegate may:

• accept the EVU – it becomes effective once signed and written notice is given
• decline the EVU – you will receive written notice with reasons.

If accepted, the Retirement Village Unit will monitor compliance. This may include:

• regular contact with you
• requiring progress updates and supporting evidence
• site visits to verify compliance.

You can withdraw your EVU proposal at any time before it is accepted.

Changing or ending an EVU

An accepted EVU can only be changed or withdrawn with written agreement from the minister or delegate.

You can't change the EVU to cover different alleged breaches.

The EVU ends when the minister or delegate confirms in writing that all requirements have been met.

Failing to comply

Failing to comply with an EVU is an offence. The maximum penalty is $35,000.

If an EVU is accepted before legal proceedings start, legal action will not proceed unless new, serious information emerges.

If legal proceedings have already commenced, they will be discontinued once the EVU is accepted.

Publication on the public register

If an EVU is accepted, the minister must notify the Retirement Villages Registrar and provide:

• a copy of the EVU
• details of the alleged breach.

The registrar may publish information about the EVU on the public register, considering commercial sensitivity and public interest.