Staff Reporters
03 April 2023, 8:33 PM
The state government is moving to strengthen protections for residents of retirement villages, with new legislation out for public consultation.
South Australians are invited to have their say on proposed changes to the Retirement Villages Act, aiming to better protect both current and prospective residents.
The Retirement Villages Act 2016 provides a framework for the operation of retirement villages in South Australia that aims to balance the rights and responsibilities of retirement village residents and operators.
Proposed changes include improving contract transparency by ensuring relevant information, including all fees and charges, is available to prospective residents to support informed decision-making.
This includes the requirement for more information and clarity to be provided to prospective residents, including remarketing fees and charges, how exit fees are calculated and the premises’ condition report.
Further changes would enhance dispute resolution frameworks and empower the South Australian Civil and Administrative Tribunal to hear a wider range of disputes including those relating to village rules.
They would also strengthen standards for operators of retirement villages and staff, and expanding the types of offences that would disqualify a person from operating a retirement village.
The statutory repayment period which requires an operator of a retirement village to pay an exit entitlement to a vacating resident within a specified period of time if the residence has not been re-licenced would be improved.
There are currently around 530 registered retirement villages in South Australia with approximately 26,600 residents.
Minister for Health & Wellbeing Chris Picton says with tens of thousands of South Australians choosing to live in retirement villages the law should provide the best possible safeguards.
“Reforms need to be done in a balanced way to ensure the sustainability of the sector and that people are not taken advantage of.
These proposed reforms will put consumer protection at the forefront and also minimise any unnecessary impacts on retirement village operators.
I urge all everyone with an interest in retirement villages to consider the draft Amendment Bill and provide feedback on the proposed reforms.”
The current Act – implemented in 2018 – introduced significant reforms for protecting residents, whilst being mindful of the interests of operators across the diversity of the retirement village sector.
A review of the Act was undertaken in 2021, with close to 200 submissions made by residents, operators, peak bodies and other interested parties.
The independent reviewers found that while many parts of the Act are operating as intended, there is still room for improvement.
The community is now invited to have their say on proposed amendments made in response to the review recommendations, to strengthen the operation of the Act, increase consumer protections and provide clarity for residents and operators.
Consultation on the draft Amendment Bill is open until Friday, 19 May. The Office of Ageing Well will be undertaking consultations across the state.
For more information on how to provide feedback or to register to attend an information session, go to the YourSay website.