Review of the Retirement Villages Act 2016

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Consultation Process


Now Closed

This online engagement was hosted on YourSAy from 29 January to 16 April 2021. Find out more about the consultation process. Below is a record of the engagement.

Let us know your thoughts on the review of the South Australian Retirement Villages Act 2016.

What’s being decided?

We are reviewing the South Australian Retirement Villages Act 2016 (the Act) and are seeking community feedback to find out whether it meets its intended objectives or if legislative changes should be considered.

The Act’s intended objectives include:

  • clarifying the rights and responsibilities of both operators and residents,
  • enhancing information disclosure requirements,
  • providing tighter definitions, and
  • ensuring improved consumer protections.

The review includes aspects related to the four key components of retirement villages:

  1. Considerations before someone moves into a village
  2. Living in a village
  3. Leaving a village
  4. Miscellaneous matters

The Act Review Summary lists each key component and their sub-components, which are all included in this consultation.

A two-part Discussion Paper has been developed to facilitate the review and inform your feedback:

  • The first part provides background information and legislative framework.
  • The second part provides a detailed review of the components of the legislation with discussion questions.

Get involved

Read the Discussion Paper and the Act Review Summary and have your say by:

Att: RV Act Review

PO Box 196 Rundle Mall, Adelaide SA 5000

Please note that you don't need to answer all the questions listed in the Discussion Paper. They are designed to prompt conversation, not to limit feedback.

Your submission may be made publicly available and it may be subject to Freedom of Information and other laws. If you would like your submission to remain confidential, clearly state this on the submission. Office for Ageing Well reserves the right not to publish information that could be seen as defamatory or discriminatory.

How can your input influence the decision?

Your input will help determine if the Act meets its objectives and if reforms introduced in 2018 have been effective or whether changes are required.

What are the next steps?

We will consider your feedback to develop a report with recommendations to the Minister for Health and Wellbeing outlining the outcomes of the review.

The report will be tabled in both Houses of Parliament following its completion and it will be available on the Office for Ageing Well (OFAW) and this website.

Contact details

For further information or a printed copy of the Discussion Paper (link):

  • email us at RVActReview@sa.gov.au or,
  • call us on 08 8204 2420 during business hours (9am to 5pm, weekdays).

Closing date: 5pm, Friday 16 April 2021


Background


Now Closed

This online engagement was hosted on YourSAy from 29 January to 16 April 2021. Find out more about the consultation process. Below is a record of the engagement.

The South Australian Retirement Villages Act 2016 (the Act) and Retirement Villages Regulations 2017 (the Regulations) govern retirement villages in South Australia.

The Act commenced on 1 January 2018 and replaced the Retirement Villages Act 1987 (the 1987 Act).

The Minister for Health and Wellbeing is responsible for the Act and the Regulations, which are administered by his Department – the Department for Health and Wellbeing – through Office for Ageing Well (OFAW).

According to Section 68 of the Act, the Minister must undertake a review of the Act three years after its commencement. A report on the outcome of the review must be tabled in both Houses of Parliament within 12 sitting days of its completion.

The Discussion Paper is the next step in reviewing the Act and the first part of the formal consultation process. The feedback received will inform the report and advise whether changes to the Act or Regulations are required.

The Discussion Paper has been developed based on:

  • feedback received from operators and residents about key sections of the legislation,
  • complaints or queries raised with OFAW,
  • ongoing discussions with peak resident and industry bodies.

All of this feedback will also be considered in the preparation of the report for Parliament.

The review will also consider the Acts and Regulations in operation in other jurisdictions, to support the further development of best practice processes in South Australia.


Consultation Process


Now Closed

This online engagement was hosted on YourSAy from 29 January to 16 April 2021. Find out more about the consultation process. Below is a record of the engagement.

Let us know your thoughts on the review of the South Australian Retirement Villages Act 2016.

What’s being decided?

We are reviewing the South Australian Retirement Villages Act 2016 (the Act) and are seeking community feedback to find out whether it meets its intended objectives or if legislative changes should be considered.

The Act’s intended objectives include:

  • clarifying the rights and responsibilities of both operators and residents,
  • enhancing information disclosure requirements,
  • providing tighter definitions, and
  • ensuring improved consumer protections.

The review includes aspects related to the four key components of retirement villages:

  1. Considerations before someone moves into a village
  2. Living in a village
  3. Leaving a village
  4. Miscellaneous matters

The Act Review Summary lists each key component and their sub-components, which are all included in this consultation.

A two-part Discussion Paper has been developed to facilitate the review and inform your feedback:

  • The first part provides background information and legislative framework.
  • The second part provides a detailed review of the components of the legislation with discussion questions.

Get involved

Read the Discussion Paper and the Act Review Summary and have your say by:

Att: RV Act Review

PO Box 196 Rundle Mall, Adelaide SA 5000

Please note that you don't need to answer all the questions listed in the Discussion Paper. They are designed to prompt conversation, not to limit feedback.

Your submission may be made publicly available and it may be subject to Freedom of Information and other laws. If you would like your submission to remain confidential, clearly state this on the submission. Office for Ageing Well reserves the right not to publish information that could be seen as defamatory or discriminatory.

How can your input influence the decision?

Your input will help determine if the Act meets its objectives and if reforms introduced in 2018 have been effective or whether changes are required.

What are the next steps?

We will consider your feedback to develop a report with recommendations to the Minister for Health and Wellbeing outlining the outcomes of the review.

The report will be tabled in both Houses of Parliament following its completion and it will be available on the Office for Ageing Well (OFAW) and this website.

Contact details

For further information or a printed copy of the Discussion Paper (link):

  • email us at RVActReview@sa.gov.au or,
  • call us on 08 8204 2420 during business hours (9am to 5pm, weekdays).

Closing date: 5pm, Friday 16 April 2021


Background


Now Closed

This online engagement was hosted on YourSAy from 29 January to 16 April 2021. Find out more about the consultation process. Below is a record of the engagement.

The South Australian Retirement Villages Act 2016 (the Act) and Retirement Villages Regulations 2017 (the Regulations) govern retirement villages in South Australia.

The Act commenced on 1 January 2018 and replaced the Retirement Villages Act 1987 (the 1987 Act).

The Minister for Health and Wellbeing is responsible for the Act and the Regulations, which are administered by his Department – the Department for Health and Wellbeing – through Office for Ageing Well (OFAW).

According to Section 68 of the Act, the Minister must undertake a review of the Act three years after its commencement. A report on the outcome of the review must be tabled in both Houses of Parliament within 12 sitting days of its completion.

The Discussion Paper is the next step in reviewing the Act and the first part of the formal consultation process. The feedback received will inform the report and advise whether changes to the Act or Regulations are required.

The Discussion Paper has been developed based on:

  • feedback received from operators and residents about key sections of the legislation,
  • complaints or queries raised with OFAW,
  • ongoing discussions with peak resident and industry bodies.

All of this feedback will also be considered in the preparation of the report for Parliament.

The review will also consider the Acts and Regulations in operation in other jurisdictions, to support the further development of best practice processes in South Australia.


Consultation has concluded
  • Retirement villages fast facts

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    by BTT_Migration_Team,

    Find below some interesting facts about retirement villages:

    • There are currently 534 registered retirement villages in SA, which, based on estimated rates of single versus couples occupancy, means there are approximately 26,400 people living in retirement villages.
    • Within Adelaide and Greater Adelaide Local Government Areas there are 445 villages with 16,407 residences.
    • In Rural and Regional Local Government Areas there are 89 villages and 2,488 residences.
    • Within these villages there are 17,665 independent living units and 1230 serviced apartments, a total of 18,895 residences.
    • Commercial operators own 127 villages (10,345 residences) while non-profit organisations (including local government organisations) own 407 villages, which account for 8,550 residences.
    • Retirement villages can be governed under multiple Acts.
  • Act Review Summary

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    by BTT_Migration_Team,

    The table below shows the key components of the review we are undertaking.

    Each component has some important sub-components which are described in detail in the Discussion Paper.

    Have a read through the Discussion Paper and the questions and get involved!

    Retirement Villages Act key component Sub-components within each topic

    1. Before moving into a village

    Deposits


    Disclosure statement

    Information to be provided before a person can sign a residence contract

    Disclosure period before signing a contract

    Cooling-off period

    Repayment of an in-going contribution if a resident cools-off

    Premises condition report

    Purchasing residences off the plan

    Settling-in period

    2. Matters relating to living in a village

    Financial matters:

    • Increases in recurrent charges
    • Breakdown of expenditure items in a village’s budget
    • Breakdown of expenditure items in audited statements

    Process for an increase in recurrent charges:

    • Residents paying increased fees before the annual meeting

    Consultation with a residents’ committee

    Other financial requirements – surplus and deficit policy

    Proceedings at meetings of residents:

    • Voting
    • One vote per residence
    • Special resolution definition
    • Minutes of meetings

    Consultation with residents:

    • Residents’ committees
    • Consultation with all residents
    • Residents’ committees
    • Consultation with all residents

    Disputes:

    • Dispute resolution policy
    • Disputes – SACAT process

    Lease of land in a retirement village

    Rental tenants in retirement villages

    Health and safety:

    • Code of Conduct
    • Emergency procedures

    3. Leaving a village

    Termination of a resident’s right to reside in a retirement village

    Notice to vacate but remain in occupation

    Remarketing of a residence:

    • Remarketing policy
    • Resident participation in remarketing

    Refurbishment or reinstatement of a residence:

    • Vacated premises report
    • Refurbishment or renovation of a residence

    Leaving a retirement village to enter aged care

    Payment of recurrent charges for six months after vacating a village

    Payment of exit entitlement:

    • Payment of an exit entitlement after 18 months
    • Information about where an exit entitlement is to be paid

    Exit fees

    4. Miscellaneous/other issues

    Endorsement of certificates of title

    Villages with multiple sites


    Definitions in the Act

    The requirement for an ingoing contribution

    Abandoned goods

    Exemptions

    Terminating a retirement village scheme

    Enforcement of legislation

    Home care services in retirement villages