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The Retirement Village Enforcement Framework explains how the Retirement Villages Unit (RVU) enforces the Retirement Villages Act 2016 and the Retirement Villages Regulations 2017.
The framework supports a consistent, fair and effective approach to regulating retirement villages in South Australia. It helps ensure villages are operated fairly, safely and in line with the law.
Who the framework applies to
The framework guides operators, senior managers, village managers, residents and the wider community on the compliance and enforcement actions that may be taken when there is a breach or suspected breach of the law. It outlines the response options available and the circumstances in which they may be applied.
Disclaimer
While this information has been prepared with care it contains general information and does not offer legal, professional or commercial advice. The South Australian Government accepts no liability for any external decisions or actions taken based on this information. Operators should seek their own independent legal advice as required.
Compliance with retirement village legislation
Operators, senior managers and village managers of retirement villages are compliant when they conduct activities in accordance with the requirements of the Retirement Villages Act 2016 and the Retirement Villages Regulations 2017.
Where operators, senior managers and village managers are, or are suspected to be, non-compliant, the enforcement approach outlined in this framework will apply.
Find more information about Retirement villages legal and regulatory responsibilities.
Enforcement approach
Enforcement activities begin with a focus on cooperation, engagement and education but increase in formality and impact based on the behaviour of the operators or individuals involved and the effect of the non-compliance.
Use of discretion and changes to the framework
The information provided in this enforcement framework does not limit the exercising of discretion by the Minister or the Retirement Villages Unit, nor does it override legislative requirements. The enforcement framework reflects current practices, which may change from time to time. All changes will be published through a revised version of this framework.
Dispute resolution support
Any compliance issues identified during dispute resolution will be addressed separately to the dispute resolution process and in accordance with this framework. For more information on dispute resolution, see resolve a retirement village dispute.
Legislation
The primary legislation that underpins the regulation of retirement villages in South Australia is:
Other legislation may also impact upon the operation of retirement villages in South Australia and is referenced within the Retirement Villages Act and Retirement Village regulations. This includes:
- South Australian Civil and Administrative Tribunal Act 2013 (SA)
- Aged Care Act 2024 (Cth)
- Residential Tenancies Act 1995 (SA)
- Community Titles Act 1996 (SA)
- Strata Titles Act 1988 (SA)
- Corporations Act 2001 (Cth)
Where relevant, enforcement actions should be made with consideration of the above legislation. However, this enforcement framework only applies to the enforcement activities undertaken by the Retirement Villages Unit while administering and enforcing the Retirement Villages Act and the Retirement Villages Regulations. Where the Retirement Villages Unit becomes aware of alleged non-compliance related to other legislation, the Retirement Villages Unit will refer the matter to the appropriate regulatory body for consideration and action.
South Australian legislation is available at www.legislation.sa.gov.au.
Federal legislation is available from www.legislation.gov.au.
Contact the Retirement Village Unit
Email: retirementvillages@sa.gov.au
