Retirement village law reforms 2019 - 2020

 

The release of the CRIS 3 paper into reform of laws about retirement villages has been postponed due to the rapidly evolving COVID-19 coronavirus situation. This will assist stakeholders to focus on their immediate priorities in managing the impacts of COVID-19 coronavirus.
 
The department has also extended the deadline for submissions to the CRIS 2 paper until 30 June 2020. These changes aim to ensure all stakeholders have sufficient opportunity to provide a submission. A new release date for the CRIS 3 paper will be announced as soon as possible.

Status: CRIS Paper 2 is now open, submissions close Tuesday 30 June 2020

Current consultation phase – Operator management responsibilities

We need your views and opinions to reform the laws about retirement villages.

Consultation on retirement village law reform commenced with the release of a consultation paper (CRIS 1) in August 2019.  The second consultation paper (CRIS 2) is now available for public comment.  

This phase of the consultation seeks your views on operator management responsibilities to the village community including a timeline for payment of exit entitlements, resident approval of operating budgets, reserve funds and capital works, clarifying issues such as refurbishment obligations and the definition of administering body, and new operator and resident conduct obligations. It connects the concepts of the retirement village (RV) product and a single price discussed in CRIS 1 to some of the day to day issues both residents and operators face.

The consultation on possible reforms to the retirement villages’ legislation is being done in stages with several consultation papers released over a period of 18 months. Each consultation paper has a period for which it is open for submissions. However, if at any stage a later paper triggers a comment relevant to an earlier paper, please do not hesitate to include that information in your response.

Take our 5 minute survey and let us know what you think.

Have your say with our retirement village laws survey 

Background

The Statutory Review of Retirement Villages Legislation Final Report, November 2010 (Final Report) resulted in considerable reform to the retirement villages industry in Western Australia.  

The Final Report made over 100 recommendations. Stage one of the implementation of these recommendations occurred between 2012 and 2016. In all, some 79 recommendations were implemented either in full or in part. Stage one reforms focused on increasing transparency around retirement village contracts to assist consumers make better informed decisions.

This current consultation round is the second stage (stage two) of the reform process regarding the retirement villages’ laws in Western Australia. 

The outstanding recommendations from the Final Report have been grouped into categories to deal with common issues and themes. Emerging issues have been added to the consultation and some Final Report decisions reconsidered in light of new information and industry trends.  The first consultation paper released in August 2019 focused on improving Western Australian consumers’ understanding of the retirement village product and its price.  

There will be further Consultation Regulatory Impact Statement (CRIS) papers released throughout 2020 with the categories (in no particular order) including: 

  • Better identification of retirement villages - the retirement village scheme, identifying when the retirement village legislation applies and when it does not, including application to short-term residents, residents’ relatives and partners, aged care facilities on retirement village land and options for a public database of retirement villages.
  • Village development, sales and marketing - new village developments (staged developments and redevelopments) leasing off the plan, and multiple residence contracts including issues relating to wait list and holding fees, staged developments, marketing, memorials and processes for land to be excisable from village land (partial memorials).
  • Village re-development, termination of scheme and new village models - Multi-site villages, the statutory charge provisions, village re-development and the process for terminating a retirement village scheme.
  • Compliance and enforcement including issues such as whether the head of power for the Fair Trading (Retirement Villages Interim Code) Regulations 2019 should move from the Fair Trading Act 2010 to the RV Act, what enforcement tools the Act should contain and the State Administrative Tribunals jurisdiction.

Downloads and resources

Retirement villages law reforms 2019 CRIS 2 – Operator responsibilities

We need your views and opinions to reform the laws about retirement villages.

Have your say about retirement villages poster - CRIS 2

Have your say about retirement villages flyer - CRIS 2

CRIS 2 - Operator responsibilities

CRIS paper 1 - Retirement Village Product and Price

Have your say

Your feedback on the questions set out in the CRIS 2 will assist the government in making a decision on the proposals.

Your written feedback can be submitted by:

  • Mail: 
    Retirement Villages Consultation
    Department of Mines, Industry Regulations and Safety (Consumer Protection Division)
    Locked Bag 100
    East Perth WA 6892
  • Email

Enquiries

Enquiries can be made by calling Consumer Protection Advice Line on 1300 304 054 or by email.

 

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