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Retirement village operators must comply with the Retirement Villages Act 2016 (the Act) and the Retirement Village Regulations 2017 (the Regulations).
Objectives of the Retirement Villages Act
The Retirement Villages Act 2016 and the Retirement Villages Regulations 2017 regulate retirement villages and the consumer protection rights of retirement village residents.
The Minister for Seniors and Ageing Well is responsible for the Retirement Villages Act and the Retirement Villages Regulations.
Office for Ageing Well administers the Retirement Villages Act and the Retirement Villages Regulations on behalf of the Minister through the Retirement Villages Unit. The Retirement Villages Unit is managed by the Retirement Villages Registrar who is appointed pursuant to section 6 of the Retirement Villages Act.
The objectives of the Retirement Villages Act are:
- to provide a regulatory framework for the operation of retirement villages in South Australia under which a balance is achieved between the rights and responsibilities of –
- residents of retirement villages, and
- operators of retirement villages
- to encourage best practice management standards among the operators of retirement villages
- to ensure that there is proper disclosure of information to prospective residents of retirement villages
- regulate the making, content, operation and termination of residence contracts
- to ensure that residents are properly consulted about matters affecting their residence in the retirement village, and
- to provide for dispute resolution processes.
Exemptions
An exemption means that a retirement village operator is allowed to not follow a specific rule or requirement in the Act or Regulations.
When an exemption is approved, the operator doesn't have to follow that part of the law, but they might need to meet certain conditions instead. An exemption can be conditional or unconditional
Example of exemptions and conditions
Leasing to younger people - Normally, villages can only lease homes to people aged 55 and over. An operator can apply for an exemption and lease to younger people. The condition may be a limit to the number of younger renters in the village.
Combined meetings and finances - Usually, each village must have its own annual meeting and separate finances. An operator can apply for an exemption to allow them to combine meetings and finances for several villages.
Applying for an exemption
To get an exemption, the operator must apply to the minister, who decides whether to approve it.
Send a written application to the minister explaining what exemption you are asking for and why.
- Attach the required fee (published each year in the SA Government Gazette).
- Include any relevant paperwork that helps explain your request.
The minister may ask for extra details before deciding. See the Department for Human Services (DHS) Ministers.
Help with applying for an exemption
If you need help or have any questions, contact the Retirement Villages Unit:
Phone: (08) 8204 2420
Email: retirementvillages@sa.gov.au
After an exemption is approved
The exemption will be published in the South Australian Government Gazette.
It will also be added to the Retirement Villages Register.
Details of the exemption must be included in residence contracts, so residents are aware.
Legal and financial risks of non-compliance
If an operator does not follow the conditions of an exemption, it is considered an offence. The maximum penalty is $10,000.
Accidental non-compliance
If a retirement village operator accidentally breaks a rule in the Act, they can apply to the South Australian Civil and Administrative Tribunal (SACAT) to be excused from the consequences.
This is different from an exemption; it is a retrospective application for a one-off mistake.
For example: An operator who recently took over a village might not be able to get audited financial statements within four months of the end of the financial year, as required. They can apply to SACAT to be excused from this breach.
Operators should also fix the issue as soon as possible.
Retirement Villages Registrar
The registrar is a statutory position appointed by the minister to administer the Retirement Villages Act and located within the Office for Ageing Well. The registrar is supported by the Retirement Villages Unit.
The functions of the registrar include:
- Providing advice and guidance to operators in relation to the Act.
- Providing guidance and advice to prospective residents and residents in relation to the Act.
- Gathering and maintaining information about retirement villages and retirement village schemes in South Australia.
- Advising the minister on the operation of the Act.
- Performing any other function assigned by the minister.
In fulfilling these functions, the registrar has broad information gathering powers. The registrar may, by notice in writing, require any person to provide specified information, or information of a specified kind, for this purpose.
The registrar may classify information gathered under the Act as confidential and not liable to disclosure under the Freedom of Information Act 1991 where appropriate.
Contact the Retirement Village Unit
Email: retirementvillages@sa.gov.au
Related information
This website
Other websites
- Retirement Village Registrar - Office for Ageing Well
- South Australian Civil and Administrative Tribunal (SACAT)
