Retirement village law reforms 2019 - 2020
Status: CRIS Paper 3 is now open, submissions close Wednesday 30 September 2020
Current consultation phase – Clarifying when the Retirement Villages Act 1992 (WA) (the Act) applies
We need your thoughts about reforms to retirement village laws.
This is the third in a series of consultation papers on retirement village law reform. We are releasing consultation papers in stages to make issues more manageable.
Each consultation paper looks at a different topic of retirement village living and you can send in submissions you may wish to make by the closing date. However, if at any stage a later paper triggers a comment relevant to an earlier paper, you can include that information in your response.
In this Consultation Regulatory Impact Statement (CRIS 3) we are seeking your views about how the Act applies, including:
- the way the Act defines the terms retirement village scheme and residence contract;
- a proposal to establish a public database to identify retirement villages regulated by the Act;
- how the Act should apply to rent-paying residents and to sub-letting units in a village; and
- how the Act should apply to multi-site villages.
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 represents the second stage (stage two) of the reform process regarding 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 have been reconsidered in light of new information and industry trends.
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.
Future consultation papers
Please note that there has been a change in the consultation process on reforms to retirement village legislation.
State Recovery Advisory Group
As you may be aware, the McGowan Government has appointed the State Recovery Advisory Group to support Western Australia’s recovery from the coronavirus (COVID-19) pandemic.
This advisory group has identified that early resolution of some elements of the current retirement village legislation reform process could have a positive impact on investment in the retirement villages sector in WA.
Consumer Protection is forming a working group of members from industry and resident peak bodies. A series of roundtable discussions will be held with the working group to identify reforms which might be suitable for fast tracking.
The round table discussions will be held from August to October 2020. This means that no further consultation papers will be released until decisions have been made by the working party about the reforms to promote investment in the sector.
Consultation on the remaining reforms will resume following the fast track process and a final consultation paper will be released during 2021. Further updates on the consultation will be provided when available.
Downloads and resources
Retirement villages law reforms 2020 CRIS 3 – Clarifying when the Retirement Villages Act 1992 (WA) (the Act) applies
We need your views and opinions to reform the laws about retirement villages.
CRIS paper 2 - Operator responsibilities
Retirement villages law reforms 2020 CRIS 2 - Operator management responsibilities
Have your say about retirement villages online survey - CRIS 2 - Now closed
CRIS paper 1 - Retirement village product and price
Retirement villages law reforms 2019 CRIS 1 - Retirement village product and price
Have your say
Your feedback on the questions set out in CRIS 3 will assist the government in making a decision on the proposals.
Your written feedback can be submitted by:
Retirement Villages Consultation
Department of Mines, Industry Regulations and Safety (Consumer Protection Division)
Locked Bag 100
East Perth WA 6892
Enquiries can be made by calling Consumer Protection Advice Line on 1300 304 054 or by email.
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