Retirement village law reforms

The State Government has been working to make retirement village laws fairer for residents whilst supporting the sector with the introduction of reforms to the Retirement Villages Act 1992.

Every stage of the retirement living journey has been considered, from making it easier to choose a suitable village, to living in the village, and the rules relating to leaving the village.

The Retirement Villages Amendment Bill 2024 was passed on November 5, 2024 and is the first step in the reform process.  Further work is being done on supporting regulations and to make other changes needed before the reforms commence in the second half of 2025.

Retirement Villages Amendment Act 2024

Some of the key changes include:

• new disclosure requirements to provide earlier, clearer disclosure of the type of tenure offered, availability of facilities and services and costs of entering, living in, and leaving a village;
• timely payment of exit entitlements for holders of a lease-for-life, or completion of buybacks of strata titled properties for former residents within 12 months of leaving the village;
• operators will be able to apply to the Commissioner for extensions to exit entitlement and buyback obligations where required. An amendment will be made to the Duties Act 2008 (WA) to exempt operators from paying transfer duty in the event of a compulsory buyback;
• residents will be able to ask for help from their operator with aged care fees while they are waiting for exit entitlements;
• clarified obligations and responsibilities around maintenance of the village and replacement of capital items;
• clear rules about reinstatement and refurbishment; and
• clear rules for operators and residents and requirements to consult on the annual budget for the village.

Timing for commencement of the reforms

It is important to note that these changes won’t commence immediately. For example, operators will have 12 months to comply with the new exit entitlement time limit to give time to adapt to the changing circumstances.  There will also be a delay in commencement of other provisions to the second half of 2025 to allow for the preparation of regulations and new disclosure documents and guidance materials.

Targeted industry consultation and updates

Consumer Protection is currently consulting with key industry stakeholders on amendments to the Retirement Villages Regulations that will support the changes to the Act. The new regulations are expected to be in place in the second half of 2025.

Consumer Protection is taking a staged approach to this consultation and will be seeking feedback on various topics over the coming months.

Operators that would like to contribute to the consultation should email to receive a copy of the consultation papers.

Operators interested in receiving Consumer Protection updates on the reforms can also subscribe for newsletters.

Consultation surveys and updates for residents

Consumer Protection has created a bulletin for residents that will be distributed every 6-8 weeks in the lead up to commencement of the reforms in the second half of 2025.

Consumers and current retirement village residents can link to a survey to have their say as part of the consultation.

Residents can subscribe to the bulletin for ongoing updates.

Information on retirement living

More information on retirement living is available on this website.

Background

Between 2012 and 2016 significant changes were made to retirement villages’ legislation in Western Australia (WA) following the Statutory Review of Retirement Villages Legislation Final Report, November 2010 (Final Report) (stage one reforms). 

Enquiries

Enquiries can be made by calling Consumer Protection Contact Centre on 1300 30 40 54 or by email.