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Operators must consult with all residents of a retirement village, or the village residents’ committee, on some matters.
What consultation means
Consultation means:
- providing the residents or the residents committee (as the case requires) clear information about the matter
- giving residents or the committee a reasonable period to consider the information provided, ask questions (and receive responses) and provide feedback
- considering residents’ feedback before making decisions.
Advising residents of the outcome
Once the operator makes a decision following a consultation process, the operator must advise the residents or the committee (as the case requires) in writing of the:
- outcome of the consultation
- decision made
- reasons for the decision.
Consultation when a change of operator is proposed
Before the change in operator occurs, the current operator must convene a meeting of residents to enable the new operator to provide information to, and consult with, all residents.
The new operator will present a report on any changes that are proposed for the village and answer any reasonable question put by a resident.
Consultation before redevelopment
Before any redevelopment of a retirement village commences, an operator is required to convene a meeting of residents and present information about the proposed redevelopment.
The operator must also answer any reasonable questions put by a resident.
An operator cannot commence redevelopment without giving due consideration to a resident’s rights arising from a contract.
Matters requiring consultation with all residents
Operators must also consult residents on matters that affect finances, amenities or lifestyle, including changes to the village:
- dispute resolution policy
- surplus and deficit policy
- residence rules
- remarketing policy.
Matters requiring consultation with the residents committee
Operators must consult with the residents committee for the village on the following matters:
- maintenance issues reported to the operator by the residents’ committee
- proposed changes to services or facilities provided by the operator that may result in increased costs to residents or loss of amenity
- proposed alterations or improvements that may result in increased costs to residents of more than $5,000
- distribution of information to residents as required under the Act
- establishment and removal of social or recreational programs provided or arranged by the operator
- the appointment of a trustee
- any other matter that the committee and the operator agree will be subject to consultation by the operator.
Changing residents’ rules
All residents must follow the residents’ rules for the village. You will have received a copy with your residence contract and may request a copy from the operator at any time.
Residents’ rules can be changed, but there is a process to follow.
Who can propose changes
- the operator
- the residents’ committee
- at least 20% of residents.
What happens next
The operator must consult with all residents before making a decision.
You will receive:
- details of the proposed changes
- time to consider the changes
- an opportunity to give feedback or ask questions and get answers.
After the decision
- the operator must provide a summary of the consultation process
- you will be told the decision and the reasons for it
- you will receive an updated copy of the residents' rules.
If you disagree
To have a rule changed or declared void if it's harsh, oppressive, unreasonable or unjust., you can apply to the South Australian Civil and Administrative Tribunal (SACAT).
Changes to the dispute resolution policy
The dispute resolution policy can only be changed if most residents in the retirement village agree.
An exception applies if the change is needed to comply with an Act or another legal requirement. In that case, resident approval is not required.
If the policy is changed, the operator must give all residents a copy of the updated policy.
Related information
On this site
- Village decision making and committees
- Residents’ rights and responsibilities
- Resolve a dispute
- Support services for retirement village residents
