Retirement village law reforms 2019 - 2020
Status: CRIS 4 closed on 21 July 2021.
Have your say
Feedback on this consultation will assist the State Government in making a decision on the proposals. Watch the video and read the CRIS papers below to find out more.
Your feedback on all, or any part, of the four papers can be submitted by:
Retirement Villages Consultation
Department of Mines, Industry Regulations and Safety (Consumer Protection Division)
Locked Bag 100
East Perth WA 6892
- Telephone: 1300 304 054
Enquiries can be made by calling Consumer Protection Contact Centre on 1300 304 054 or by email.
Background for CRIS 4
This Consultation Regulatory Impact Statement 4 (CRIS 4) is the last in a series of four consultation papers first released in August 2019 and finishing with this final paper in June 2021. Together these CRISs are an important part of a broader consultation process on the final stage of implementing recommendations made in the Statutory Review of Retirement Villages Legislation Final Report 2010. The consultation also considers other issues that have arisen since that time.
CRIS 4 contains proposals for a new process to apply when significant changes are proposed to be made to a village, clarifying how the Retirement Villages Act 1992 (WA) (RV Act) applies where there are multiple sales contracts and looking at how the RV Act should apply to residential aged care facilities.
The CRIS 4 also considers a number of issues on which feedback is sought. These issues include dispute resolution, the overlap between the RV Act and the Strata Titles Act 1985 (WA), building defects and insurance contracts and the provision of private home care in retirement villages.
CRIS 1 - 3 PROPOSED REFORMS
To date, three consultation regulatory impact statements (CRIS 1 – 3) on proposed reforms have been released. If you have not already done so you are welcome to comment on any issues raised in the three previous CRIS papers (CRIS 1-3) in light of the information in CRIS 4.
You can raise any additional matters that you think should be considered with respect to any reform proposal or make a suggestion for another way to deal with an identified issue.
Reforms proposed in CRIS 1 - 3 include proposals to:
- address consumer misunderstanding of the retirement village product and price structure by way of advertising requirements, clarifying definitions in the legislation, and improving pricing information;
- improve the financial situation of departing residents, including a proposed time limit for the payment of exit entitlements, extending the cap on payment of recurrent charges to strata title residents, and addressing refurbishment obligations;
- introduce mandatory reserve funds in retirement villages to ensure provision is made for ongoing capital works;
- improve clarity and transparency around village operating budgets and the use of resident funds for capital works;
- impose certain standards for the conduct of operators and residents in retirement villages;
- establish a database of retirement villages to assist in the identification of villages covered by the legislation; and
- clarify definitions and the operation of existing provisions in the RV Act.
Downloads and resources
CRIS 4 - Managing changes to a retirement village
Consultation Regulatory Impact Statement 4 (CRIS 4) - Managing changes to a retirement village
CRIS 3 - Clarifying when the Retirement Villages Act 1992 (WA) applies
Retirement villages law reforms 2020 CRIS 3 - Clarifying when the Retirement Villages Act 1992 (WA) applies
CRIS 2 - Operator responsibilities
Retirement villages law reforms 2020 CRIS 2 - Operator management responsibilities
CRIS 1 - Retirement village product and price
Retirement villages law reforms 2019 CRIS 1 - Retirement village product and price
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