Retirement housing - information for operators
Operators need a sound knowledge of the Act and Regulations to properly manage a retirement village.
Recently the State Government undertook consultation to improve legislation for retirement villages and strike a balance between the needs of residents and operators.
As a result, the Retirement Villages Act 2016 and the Retirement Villages Regulations 2017 commenced on 1 January 2018 replacing the previous Act and Regulations.
Information for operators
For information about your obligations and rights under the Act and Regulations download ‘Retirement Villages Act 2016 – Information for Operators ’. The topics in the booklet are also available in the individual information sheets below.
If you have questions please phone Office for the Ageing on 8204 2420 for information on the following:
- Retirement Villages Act 2016 – an overview of the Retirement Villages Act 2016 which commenced on 1 January 2018
- Transitional provisions – information about transitional provisions applicable to the commencement of the Act and Regulations
- Residence contracts – information regarding residence contracts which details both resident and operator obligations
- Documents to be provided to prospective residents – information on the documents which operators must provide to prospective residents at least 10 business days before entering into a residence contract
- Financial reporting and responsibilities – information on operator’s obligations to residents with regard to the presentation of a village’s income and expenditure
- Consultation with residents – information on how operators can properly consult with residents about matters affecting their residence in the retirement village
- Code of conduct – information about the code of conduct for both residents and operators in retirement villages
- Termination of a resident’s right of occupation – information about what grounds a resident’s right of occupation can be terminated and the process to follow
- Residents leaving a village to go into aged care – information on eligibility of residents to apply for aged care payments from the operator
- Retirement villages register – details of the information required from retirement villages to be registered
- Resolving disputes – information and advice on the best way to resolve disputes in a retirement village
- Disclosure statement – information on the requirements of operators to provide prospective residents with a disclosure statement before they enter into a residence agreement
- Exit entitlements – Information relating to leaving a retirement village and the relicensing of a residence
- Remarketing policy – details of the information required to be in a retirement village’s remarketing policy
- Residence rules – Information on the matters which the residence rules must at least address
- Premises condition report and vacated premises reports – requirements related provision of premises condition report and vacated premises report
- Organisations to contact for advice – information on where to obtain independent information and advice for prospective residents, residents and operators
Forms for operators
Office for the Ageing must be advised of changes to details of operators of existing retirement villages in South Australia.
Forms for the Retirement Villages Register:
- Proforma #1 - Notification of Information required for Register (Single Village)
- Proforma #1b - Information for Register - Change of Operator
- Proforma #2 - Notification of Amended Information required for Register (Additional stage within a retirement village)
Forms for applications to the South Australian Civil and Administrative Tribunal (SACAT):
- Proforma #3 - Notice of Decision to Terminate Residence
- Proforma #4 - Application for Confirmation of a decision to Terminate Residence in a Retirement Village
- Proforma #5 - Application for an Order for Ejectment
- Proforma #6a - Application for the Extension of the Prescribed Period under s29(5)
- Proforma #6b - Application for the Extension of the Prescribed Period under s27(7)
- Proforma #7 - Application for Resolution of a Dispute