Your obligations

All of the requirements of the Act are now in force and all villages should be registered. You must comply with the Code of Practice 2008.

The Guide to the Act outlines your obligations under the Act and the consequences of not complying.

For information on registration and statutory supervisors, go to the Guide to the Act and to the Companies Office.

Obligations that you have right now

You must:

  • Have a complaints facility in place and told residents about this
  • Appoint and pay for a disputes panel selected from the Retirement Commissioner's approved list if you're given a dispute notice
  • Provide your residents with what you promised them or are otherwise legally required to provide them.
  • Apply to register the village
  • Appoint an approved statutory supervisor if the village doesn't already have one, with a deed of supervision (or apply to the Registrar for an exemption)
  • Draw up an occupation right agreement to give to intending residents that complies with the Act, regulations and the Code of Practice
  • Draw up a disclosure statement to give to intending residents and existing residents that complies with the Act, regulations and the Code of Practice. The Department of Building and Housing has developed a disclosure statement template to help operators meet their legal obligations
  • Provide residents their rights under the Code of Residents' Rights to:
    • give them what you promised
    • give them information about things that affect them
    • consult them about proposed changes
    • respond to their complaints within a reasonable time
    • enable their disputes to be resolved quickly and efficiently
    • allow them to have a support person or representative, at their cost
    • treat them with courtesy and respect their rights
    • not exploit them.

Complying with the Code of Practice 2008

 The code covers minimum requirements for:

  • Staffing of retirement village
  • Safety and personal security of residents
  • Fire protection and emergency management
  • Transfer of residents within retirement village
  • Meetings of residents with operator and resident involvement
  • Complaints facility
  • Accounts
  • Maintenance and upgrading
  • Termination of occupation right agreement by operator or resident
  • Communication.