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Tel: 1300 304 054
consumer@dmirs.wa.gov.au
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Submissions to all Consultation Regulatory Impact Statements (CRIS) are now closed.
We would like to thank all stakeholders who provided feedback during the consultation period of the retirement village reform process. Recommendations for reform arising from the consultation are currently under consideration by the Government.
You can register via email to receive further updates on the reform process.
If you have any queries about the reform process please e-mail Consumer Protection WA.
Between 2012 and 2016 significant changes were made to retirement villages legislation in WA following the Statutory Review of Retirement Villages Legislation Final Report, November 2010 (Final Report) (stage 1 reforms). Many of these changes were focused on providing the consumer with more information when deciding whether to enter into a retirement village agreement, as well as making changes to residence contracts and budget and financial reporting requirements.
Despite these reforms, some problems persisted which include consumers continuing to enter into contracts without fully understanding their legal rights and obligations. Some outstanding recommendations have required reconsideration to reflect issues that have emerged since stage one of the reforms.
The second stage (stage two) of the reform process regarding the retirement village laws in Western Australia commenced in August 2019.
As there were a large number of issues to be consulted on, the outstanding matters were grouped in categories to deal with common issues and themes. Consultation papers were released for each category for stakeholders to comment on any issues of interest to them.
The Department of Mines, Industry Regulation and Safety, Consumer Protection Division (Consumer Protection) released four consultation papers as part of the stage two consultation process to introduce reforms to the Retirement Villages Act 1992 (WA) (RV Act).
The first consultation paper (CRIS 1) released in August 2019 focused on improving Western Australian consumers’ understanding of the retirement village product and its price. The second consultation paper (CRIS 2) released in December 2019 focused on operator obligations such as exit entitlements, capital works funding, refurbishment and rules of conduct. The third consultation paper (CRIS 3) released in March 2020 focused on clarifying when the Retirement Villages Act 1992 (WA) applies. The fourth consultation paper released in June 2021, focused on managing change in a retirement village.
The consultation also sought feedback on a number of issues, including dispute resolution, the overlap between the RV Act and the Strata Titles Act 1985 (WA), building defects, insurance contracts, and the provision of private home care services in retirement villages.
Consultation Regulatory Impact Statement 4 (CRIS 4) - Managing changes to a retirement village
Retirement villages law reforms 2020 CRIS 3 - Clarifying when the Retirement Villages Act 1992 (WA) applies
Retirement villages law reforms 2020 CRIS 2 - Operator management responsibilities
Retirement villages law reforms 2019 CRIS 1 - Retirement village product and price
Enquiries can be made by calling Consumer Protection Contact Centre on 1300 304 054 or by email.
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