Retirement Villages Amendment Act 2025 (Vic)

Retirement Villages Amendment Act 2025

No. 19 of 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Amendment of Retirement Villages Act 1986

Division 1—Amendment of preliminary provisions

4Section 1 substituted

5New section 1A inserted

6Definitions

7New sections 3A to 3F inserted

8Act not to apply to certain retirement villages

9Section 6 substituted

Division 2—New Part 1A inserted

10New Part 1A inserted

Division 3—Amendment of Part 2

11Section 8 substituted and section 9 amended

12New sections 11A and 11B inserted

Division 4—Amendment of Part 3

13Heading to Part 3 amended

14Section 12 repealed

15Rights to occupy premises

16Enforcement of right to occupy premises

17Residential Tenancies Act 1997 not to apply

18Section 16 substituted

Division 5—Part 4 substituted

19Part 4 substituted

Division 6—Amendment of Part 5

20Part not to apply to residents with freehold title

21Section 28 substituted

22Creation of charges

23Refunds

24Application for enforcement of charge

25Order enforcing charge

26Application of the proceeds of the sale

27Extinguishment of charge

Division 7—Amendment of Part 5A

28Options and sale of premises

29Operator not to interfere in sale

30Costs of sale

31Purchaser and operator to enter into contract

32Application by owner resident to VCAT

33VCAT's determinations on application of operator or lot owner resident

Division 8—New Part 5B inserted

34New Part 5B inserted

Division 9—Amendment of Part 6

35New Division 1 heading inserted in Part 6

36Section 33 substituted and new sections 33A to 33Q inserted

37Proceedings at annual meetings

38New section 34A inserted

39New Division 2 heading inserted in Part 6

40Residents committee

41Section 36A substituted and new sections 36B and 36C inserted

42New Division 3 heading inserted in Part 6

43By-laws

Division 10—New Part 6AA inserted

44New Part 6AA inserted

Division 11—Amendment of Part 6A

45Increases in maintenance charges

46Section 38A substituted

47Section 38B substituted

48New sections 38BA to 38BC inserted

49New Divisions 1A, 1B and 1C inserted in Part 6A

50Manager not to demand power of attorney

51Section 38D amended

52Division 3 of Part 6A substituted

Division 12—Miscellaneous matters

53Part 6B repealed

54Obligation to keep register

55New section 38JA inserted

56Section 38L repealed

Division 13—New Parts 6D, 6E and 6F inserted

57New Parts 6D, 6E and 6F inserted

Division 14—Amendment of Part 7

58Cancellation of retirement village notices

59Application of the Australian Consumer Law and Fair Trading Act 2012

60New section 41AA inserted

61Consequences of rescission

62New section 42AA inserted

63New sections 42C to 42F inserted

64Section 43 substituted

65New sections 44, 44A and 44B inserted

Division 15—Transitional and saving provisions

66New Part 9 inserted

Part 3—Amendment of other Act

67Amendment of Criminal Procedure Act 2009

Part 4—Repeal of this Act

68Repeal of this Act

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Endnotes

1     General information

Retirement Villages Amendment Act 2025

No. 19 of 2025

[Assented to 3 June 2025]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are to amend the Retirement Villages Act 1986—

(a)to improve the regulation of retirement villages; and

(b)to further provide for the needs of the aging and diverse residents of retirement villages; and

(c)to further provide for consumer protection and additional mechanisms to support the interests of residents of retirement villages; and

(d)to provide for regulation that anticipates future growth and innovation in the retirement villages sector; and

(e)to provide further protection of the rights, interests and needs of current, and future residents of retirement villages and residents that are leaving retirement villages; and

(f)to make minor related amendments to this Act and other Acts.

2Commencement

(1)This Act comes into operation on a day or days to be proclaimed.

(2)If this Act does not come into operation before 1 May 2026, it comes into operation on that day.

3Principal Act

In this Act, the Retirement Villages Act 1986 is called the Principal Act.

PART 2—AMENDMENT OF RETIREMENT VILLAGES ACT 1986

Division 1—Amendment of preliminary provisions

4Section 1 substituted

For section 1 of the Principal Act substitute—

"1   Purposes

The purposes of this Act are—

(a)to clarify and protect the rights, interests and needs of current, and future residents of retirement villages and residents that are leaving or have left retirement villages; and

(b)to promote consumer protection and fair trading practices in the operation of retirement villages and the supply of retirement village services to residents by—

(i)setting out principles to be given effect to in the administration of the Act and the provision of retirement village services; and

(ii)providing for disclosure of information to prospective residents of retirement villages; and

(iii)providing for residents to be given information on their financial and other entitlements and obligations to support resident decision making; and

(iv)providing clear regulation of the operation of retirement villages; and

(v)providing for participation by residents, who want to do so, in the operation of retirement villages; and

(vi)setting out principles to support the provision of safe and secure housing for older Victorians; and

(vii)providing processes for resolving disputes between residents, operators and proprietors of retirement villages; and

(viii)promoting best practice management standards in the retirement village industry.".

5New section 1A inserted

After section 1 of the Principal Act insert—

"1A   Principles

(1)In providing retirement village services and in the operation and occupation of retirement villages, proprietors, operators and residents of retirement villages should give effect to the principles set out in subsection (2).

(2)The following principles apply to the provision of retirement village services, and the operation and occupation of retirement villages—

(a)a resident's preference to remain in a retirement village should be respected;

(b)all residents should be treated with dignity and respect;

(c)decisions about a resident's personal life, financial affairs and property, should be made consistently with the will of the resident or, if the resident has appointed a person as an attorney or appointed a person to make decisions on the resident's behalf, that person;

(d)the retirement village should be kept safe and maintained in a reasonable state of repair;

(e)residents should have quiet enjoyment of their premises in the retirement village.".

6Definitions

(1)In section 3(1) of the Principal Act insert the following definitions—

"administrator has the same meaning as it has in section 3(1) of the Guardianship and Administration Act 2019;

aged care payment means—

(a)a daily accommodation payment; or

(b)any other prescribed payment that may be required for the provision of aged care under the Aged Care Act 1997 of the Commonwealth;

alternative accommodation payment, in relation to a person who has been a resident of a retirement village, means any payment that is—

(a)made to meet the reasonable costs of caring for the person in a place that is not the retirement village or a residential care facility including—

(i)a payment for the purposes of a residential rental agreement under Part 2 of the Residential Tenancies Act 1997; and

(ii)an entry payment for another retirement village; and

(b)made in the prescribed circumstances;

alternative contact person, in relation to a retirement village, means the person nominated as the alternative contact person for that village under section 38Y(2);

Australian Property Institute means the Australian Property Institute Limited, A.C.N. 608 309 128;

authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth;

business day means a day other than a Saturday, Sunday or public holiday;

capital gain has the meaning given by section 3B(2);

capital loss has the meaning given by section 3B(2);

capital maintenance has the meaning given by section 38BG;

capital maintenance fund means a fund established under section 38BL;

capital maintenance plan means the plan prepared under section 38BN;

certificate of insurance, in relation to a retirement village, means a certificate issued by an insurer who has insured property in the village against damage which sets out the terms of the insurance policy given and the start and end date of the policy;

common property has the same meaning as it has in the Owners Corporations Act 2006;

conciliation conference means a conference conducted under section 38ZQ;

conciliation scheme means the scheme for conciliating village disputes established under Part 6E;

contract check means a check described in section 26K;

contracting party, in relation to a residence contract for premises in a retirement village or in relation to any other retirement village contract for a retirement village, means whoever of the following persons has entered into the contract with the resident of the premises—

(a)the proprietor of the retirement village;

(b)the operator of the retirement village;

CPA Australia means CPA Australia A.C.N. 008 392 452;

daily accommodation payment has the same meaning as in the Aged Care Act 1997 of the Commonwealth;

deferred management fee means an amount payable under a residence contract, management contract or other retirement village contract by a vacating resident of a retirement village as a contribution for the cost of services provided in the village to the resident but does not include any amount payable as a maintenance charge, a charge for an optional service, and any other prescribed payment, unless the retirement village contract entered into by the vacating resident provides that the payment be included in the fee;

dishonesty offence means an offence involving fraud or dishonesty punishable on conviction by imprisonment for a period of more than 3 months, whether the conviction is in or outside Victoria;

dispute does not include merely asking a person to take an action or cease taking an action;

entry payment has the meaning given by section 3A;

exit entitlement has the meaning given by section 3D;

fair wear and tear means deterioration of the condition of premises or a fixture or fitting caused by—

(a)the reasonable use of the premises or the fixture or fitting; or

(b)natural environmental forces;

guardian has the same meaning as it has in section 3(1) of the Guardianship and Administration Act 2019;

information statement means a statement to which section 17 applies, and if such a statement is updated under Division 1 of Part 4, the statement as so updated;

key safety information means—

(a)a map indicating the location of assembly areas, exits and fire extinguishers and other emergency equipment for the communal areas in a retirement village and premises; and

(b)instructions concerning the evacuation of residents and staff of a retirement village from the communal areas and premises in the event of a fire or other emergency; and

(c)any other prescribed information;

lot owner resident means an owner resident to whom paragraph (a) of the definition of owner resident applies;

management dispute has the meaning given by section 3E;

meeting of residents means a meeting of residents of a retirement village convened under section 33, and includes an annual meeting;

no resolution certificate means a certificate issued under section 38ZU;

operator, in relation to a retirement village, means the person who is responsible for the daily operation of the retirement village, whether or not that person is also the proprietor of the village;

optional services, in relation to services provided by the operator of a retirement village, means those services provided by the operator that a resident of the village may choose to use but which it is not necessary that the operator provide for the purposes of the maintenance of the village;

ordinary resolution means a resolution other than a special resolution;

pet means any animal other than an assistance dog within the meaning of the Equal Opportunity Act 2010;

premises, in relation to a resident in a retirement village, means the premises the resident occupies in the village under their right to occupy premises;

primary contact person, in relation to a retirement village, means the person nominated as the primary contact person for that village under section 38Y(1);

proprietor, in relation to a retirement village, means the person who is the owner of any retirement village land in the village other than land in the village—

(a)that is a lot on a plan of subdivision for the village that is owned by a resident of the village; or

(b)that is common property owned by an owners corporation of the village that has resident members;

recorded agreement means an agreement, a record of which is issued under section 38ZX;

repayable entry payment means any entry payment or any part of an entry payment that is, in accordance with the retirement village contracts entered into by the resident who pays the entry payment—

(a)repayable to the resident if the resident permanently vacates the village; or

(b)payable to the legal personal representative of the resident, as part of the estate of the resident, if the resident dies;

retirement village contract means any contract entered into by a resident of a retirement village with either or both the proprietor and the operator of the village which provides for all or any of the following—

(a)a right to occupy premises in the village and any related right;

(b)a right to access and use any land in the village and services provided for residents of the village and any related right;

(c)modification of premises occupied by the resident or reinstatement or renovation work on those premises and any related work;

(d)any other related matter;

Note

This includes residence contracts and management contracts.

retirement village principles means the principles set out in section 1A;

right to occupy premises, in relation to a retirement village, means a right of a resident to occupy residential premises in a retirement village which is created or arises by or under a contract whether the right—

(a)is an interest in land; or

Note

This includes freehold titles and leases.

(b)is a licence to occupy land; or

(c)arises because the resident holds shares in a company or units in a unit trust which provides residential premises and services for a retirement village; or

(d)is of any other kind prescribed by the regulations;

Secretary means the Secretary to the Department of Government Services;

settling in period, in relation to any contract to which section 26G(1) applies, means the specified period, referred to in that subsection;

vacating non-owner resident means a non-owner resident of premises in a retirement village who has or is about to permanently vacate those premises and the village;

vacating owner resident means an owner resident in a retirement village who has or is about to permanently vacate those premises and the village;

vacating resident means either a vacating non‑owner resident or a vacating owner resident;

village dispute means either of the following—

(a)a management dispute;

(b)a resident dispute;

village dispute procedure means the procedure set out in the document required by section 38M.".

(2)In section 3(1) of the Principal Act—

(a)the definition of committee is repealed;

(b)the definition of disclosure statement is repealed;

(c)the definition of exempt organization is repealed;

(d)the definition of factsheet is repealed;

(e)the definition of in-going contribution is repealed;

(f)the definition of management complaint is repealed;

(g)the definition of manager is repealed;

(h)the definition of personal services is repealed;

(i)the definition of prescribed amount is repealed;

(j)the definition of prescribed period is repealed;

(k)the definition of refundable in-going contribution is repealed;

(l)the definition of residence right is repealed.

(3)In section 3(1) of the Principal Act—

(a)for the definition of annual meeting substitute—

"annual meeting means an annual meeting of residents convened under section 33Q;";

(b)for the definition of by-laws substitute—

"by-laws means the by-laws of a retirement village made under section 37(4);";

(c)at the foot of paragraph (a) of the definition of domestic partner insert—

"Note

See also subsection (3).";

(d)for the definition of exempt retirement village substitute—

"exempt retirement village means a retirement village in respect of which the proprietor or operator or both (as the case requires) have been exempted from the operation of all or any of the provisions of this Act in an exemption granted under section 7A;";

(e)for the definition of maintenance charge substitute—

"maintenance charge has the meaning given by section 3C;";

(f)in the definition of management contract—

(i)for "a manager" substitute "an operator";

(ii)for "the manager" substitute "the operator";

(g)for the definition of non-owner resident substitute—

"non-owner resident, in relation to a retirement village, means a resident of the village who is not an owner resident of the village;";

(h)for the definition owner resident substitute—

"owner resident, in relation to a retirement village, means a resident of the village who occupies a premises in the village under a right to occupy premises in the village—

(a)that is an estate in fee simple; or

(b)that arises because the resident holds shares in a company or units in a unit trust which provides residential premises and services for the retirement village;";

(i)for the definition of residence contract substitute—

"residence contract means a contract which creates or gives rise to a right to occupy premises;";

(j)in the definition of residence documents—

(i)in paragraph (c), for "a manager" substitute "the operator";

(ii)for paragraph (e) substitute—

"(e)an information statement;";

(k)in paragraph (b) of the definition of resident dispute, for "manager" substitute "operator";

(l)in the definition of residential care facility, for paragraph (a) substitute—

"(a)in which a residential care service within the meaning of the Aged Care Act 1997 of the Commonwealth, is operated by an approved provider within the meaning of that Act; and";

(m)in the definition of residents committee, after "under" insert "Division 2 of";

(n)for the definition of retirement village substitute—

"retirement village means a place—

(a)at which accommodation and services are provided or are to be provided for the care and benefit of retired persons, one or more of whom have made entry payments; and

(b)which is not a residential care facility;";

(o)for the definition of retirement village land substitute—

"retirement village land means the land used or to be used for the purposes of a retirement village, and does not include any land on which a residential care facility is situated;";

(p)in the definition of services, after paragraph (i) insert—

"(j)any other service that is prescribed;";

(q)for the definition of special resolution substitute—

"special resolution means a resolution passed in accordance with section 33J;"

(r)in the definition of Tribunal, for "1998." substitute "1998;".

(4)Section 3(2) of the Principal Act is repealed.

(5)After section 3(3) of the Principal Act insert—

"(4)In this Act, where the case so requires—

(a)a reference to a resident (however expressed) includes a reference to the legal personal representative of a resident, if the resident has died; and

(b)a reference to a former resident (however expressed) includes a reference to the legal personal representative of a former resident, if the former resident has died.".

7New sections 3A to 3F inserted

After section 3 of the Principal Act insert—

"3A   Meaning of entry payment

(1)In this Act—

entry payment means a payment made in respect of the conferment of a right to occupy premises in a retirement village on a person, whether the payment is made—

(a)as consideration for the purchase of a unit in the village; or

(b)in consideration of the right being conferred on the person; or

(c)as a donation, on the making of which the right is conferred on the person; or

(d)in consideration of—

(i)acquiring shares in a company that confers the right on the holder of the shares; or

(ii)acquiring units in a unit trust that confers the right on the holder of the units; or

(e)under any other prescribed class of legal arrangement.

(2)The definition of entry payment in subsection (1) applies to a payment, whether the payment is made—

(a)by—

(i)the person on whom the right to occupy premises is conferred; or

(ii)another person on behalf of the person on whom the right to occupy premises is conferred; and

(b)as—

(i)a lump sum; or

(ii)instalments, if the total amount payable is expressed as one fixed amount in the contract.

(3)The definition of entry payment in subsection (1) does not apply to the following payments—

(a)maintenance charges, charges for an optional service, and any other prescribed payments;

(b)rent.

3BMeaning of capital gain and capital loss

(1)A capital gain or capital loss on the sale of premises or the granting of a new right to occupy premises is to be determined as follows—

(a)  calculate the difference between—

(i)the amount that the resident originally paid for the premises or the right to occupy premises; and

(ii)the amount that the next resident pays for the same premises or the right to occupy premises;

(b)deduct any costs associated with the sale of the premises or the right to occupy premises, other than any fees or charges payable under the residence contract which creates or gives rise to the right to occupy premises.

(2)For the purposes of this Act—

capital gain means any positive value determined under subsection (1);

capital loss means any negative value determined under subsection (1).

3CMeaning of maintenance charge

(1)In this Act, maintenance charge means a recurring charge payable by a resident of a retirement village under a residence contract, management contract or other retirement village contract—

(a)for the provision of goods or services (other than optional services) by the operator of the retirement village; or

(b)to contribute to the costs of managing the retirement village, including—

(i)the costs of employing or engaging persons in relation to the retirement village; and

(ii)the costs of maintaining facilities in the retirement village and capital maintenance in the retirement village.

(2)A maintenance charge does not include any amount paid to an owners corporation under Division 1 of Part 3 of the Owners Corporations Act 2006.

3DMeaning of exit entitlement

(1)In this Act, exit entitlement means—

(a)for a resident who has paid a repayable entry payment, the amount payable to the resident delivering up vacant possession of the premises occupied by the resident in the village, being the repayable entry payment adjusted in accordance with subsection (2); or

(b)for an owner resident who has entered into a contract for the sale of the resident's premises to the proprietor or the operator of the village, the sale price of the resident's premises adjusted in accordance with subsection (3).

(2)For the purpose of subsection (1)(a), adjust the amount as follows—

(a)add to the amount (if so required by a retirement village contract entered into by the resident)—

(i)any other amount payable by the operator to the resident under the retirement village contracts; and

(ii)any amount that is prescribed for the purposes of this paragraph;

(b)subtract from the amount (if so required by a retirement village contract entered into by the resident)—

(i)any deferred management fee payable by the vacating resident under the retirement village contracts on vacating the premises; and

(ii)any outstanding management charge, fee for optional services or other fees, costs or charges payable by the resident under the retirement village contracts; and

(iii)any amount required to be paid by the resident under a retirement village contract in respect of renovation, repairs or restoration of premises; and

(iv)any other amount that is prescribed for the purposes of this paragraph.

(3)For the purpose of subsection (1)(b), adjust the amount as follows—

(a)add to the amount (if so required by a retirement village contract entered into by the resident)—

(i)any other amount payable to the resident by the operator under the retirement village contracts; and

(ii)any amount that is prescribed for the purposes of this paragraph;

(b)subtract from the amount (if so required by a retirement village contract entered into by the resident)—

(i)any deferred management fee payable by the resident under the retirement village contracts on vacating the premises; and

(ii)any outstanding management charge, fee for optional services or other fees, costs or charges payable by the resident under the retirement village contracts; and

(iii)any amount required to be payable by the resident under a retirement village contract in respect of renovation, repairs or restoration of premises; and

(iv)any estate agent's commission and any costs payable by the resident to the operator or proprietor who acts on behalf of the resident; and

(v)any other amount payable by the resident to the operator or proprietor in respect of the liabilities of the resident as to the sale; and

(vi)any other amount that is prescribed for the purposes of this paragraph.

3EMeaning of management dispute

(1)For the purpose of this Act, management dispute means a dispute between a resident of a retirement village and the operator or the proprietor of the village that is about—

(a)the control, management or administration of the retirement village by the operator or the proprietor; or

(b)any action or failure to act by the operator or the proprietor that affects residents' use or enjoyment of the retirement village land; or

(c)the provision of services or a failure to provide services by the operator to residents of the retirement village.

(2)A management dispute includes a dispute between a resident of a retirement village and the operator or the proprietor of the village that is about—

(a)an operator's failure to give permission to a person to live in the village under section 6; or

(b)a decision by the operator to refuse consent to an addition, removal or alteration of a fixture or fitting under section 37C that the resident considers to be unreasonable; or

(c)the works or the cost of works specified in a reinstatement disagreement notice under section 37F; or

(d)whether a non-owner resident complied with section 37D, whether works specified in a reinstatement notice given to the resident under section 37E are required or whether the cost of works specified in such a notice is excessive; or

(e)the completion of a renovation specified in a reinstatement notice given under section 37E; or

(f)the cost or completion of a renovation under an agreement referred to in section 37H(2); or

(g)a failure by the operator to provide a condition report to the resident under section 37J; or

(h)whether a statement in a condition report is inaccurate or incomplete, where there has been a failure to amend the condition report under section 37K; or

(i)a decision at a meeting of residents not to approve by special resolution the payment of a maintenance charge that is greater than the adjusted maintenance charge in circumstances where the operator considers a greater maintenance charge is necessary to fund the maintenance of the retirement village; or

(j)the abatement of maintenance charges under section 38BB; or

(k)a refusal or failure of the operator to reimburse the resident for the cost of capital maintenance or capital replacement of an item of capital under section 38BJ; or

(l)a variation of a service or facility by the operator otherwise than in accordance with Division 1C of Part 6A; or

(m)the compliance by the operator with the requirements set out in Division 3 of Part 6A in relation to emergency plans, safety inspections, key safety information and evacuation exercises; or

(n)the apportionment of capital losses as compared with capital gains; or

(o)any calculation of the amount the resident is entitled to be paid if the resident vacates premises during a settling in period or the time within which such an amount should be paid; or

(p)compliance with Division 4 of Part 4; or

(q)any limitations imposed by the operator or proprietor on the provision of services to a resident by a person other than the operator, proprietor or any employee or contractor of the operator or the proprietor; or

(r)any other compliance with a provision of or failure to comply with a provision of this Act or the regulations that is prescribed.

(3)A management dispute does not include a resident dispute.

3EAInterpretation of vacant possession and permanently vacating

(1)In this Act, in relation to a premises occupied by a resident in a retirement village, a reference to giving up or delivering vacant possession of the premises, however expressed, is a reference to the point in time when all the following have occurred—

(a)the resident has ceased to occupy the premises;

(b)all personal property of the resident has been removed from the premises;

(c)any keys to the premises have been returned to the operator or proprietor of the village;

(d)if the resident occupies the premises under a retirement village contract that requires notice to be given before the resident delivers up vacant possession of the premises, the notice has been given and the notice period has elapsed.

(2)Subsection (1) is not intended to limit the common law meaning of delivering up or giving vacant possession of a premises.

(3)In this Act, in relation to a premises occupied by a resident in a retirement village, a reference to permanently vacating the premises, however expressed, is a reference to the point in time at which the resident delivers up vacant possession of the premises.

3FNon-application of Parts 3 and 3A to owner residents

Parts 3 and 3A do not apply to any right to occupy premises of an owner resident.".

8Act not to apply to certain retirement villages

In section 5(2) of the Principal Act—

(a)for "instrument of exemption under section 6" substitute "exemption granted under section 7A";

(b)paragraph (a) is repealed.

9Section 6 substituted

For section 6 of the Principal Act substitute—

"6   Persons who may live in a retirement village

(1)On application under subsection (2), an operator may give permission for a person other than a retired person to live in the retirement village with a resident.

(2)A resident may apply to the operator for permission under subsection (1) for a person of or under the age of 55 years to live in the retirement village.

(3)An operator must provide the resident with a written decision on an application under subsection (2) within 14 days of receiving the application.

(4)The operator must not unreasonably withhold permission from an applicant under subsection (2).

6ARights of persons living in a retirement village with a resident

A person who lives in a retirement village with permission under section 6 may continue to occupy the premises for a period of 3 months following the death of the resident occupying the same premises.".

Division 2—New Part 1A inserted

10New Part 1A inserted

After Part 1 of the Principal Act insert—

"PART 1A—EXEMPTIONS

Division 1—Exemptions

7AExemptions

(1)On receiving an application under Division 2, the Director may grant an exemption that exempts the proprietor or operator or both of the retirement village (as the case requires) (the applicant) from the operation of all or any of the provisions of this Act in relation to that retirement village.

(2)If an exemption is granted under subsection (1), the Director may impose any conditions on the exemption which the Director considers appropriate.

(3)The Director must not grant an exemption under subsection (1) before the expiry of the time within which residents of the retirement village that is the subject of the application can make submissions under section 7F(2).

7BForm and content of exemptions

If the Director grants the exemption under section 7A(1), as soon as practicable after doing so the Director must give written notice to the applicant—

(a)that the exemption is granted; and

(b)setting out the conditions imposed on the exemption under section 7A(2) (if any); and

(c)setting out the period for which the exemption remains in force.

7CExemption period

An exemption granted under section 7A(1) has effect until whichever is the earlier of—

(a)the revocation of the exemption; or

(b)the period determined by the Director and specified in the exemption; or

(c)the expiry of a period of 5 years from the granting of the exemption.

7DConsiderations

In determining whether to grant an exemption under section 7A(1), the Director must consider the following—

(a)the reasons for the applicant seeking the exemption as set out in the application;

(b)any submissions made under section 7F within the time specified in section 7F(2) by the residents of the retirement village that is the subject of the application;

(c)the impact that the granting of the exemption would have for residents;

(d)how retirement village disputes will be managed if the exemption is granted;

(e)whether the residents of the retirement village will be disadvantaged if the retirement village is exempt from the operation of all or any of the provisions in this Act;

(f)the fees charged by the operator of the retirement village that is the subject of the application;

(g)whether the retirement village is owned or operated—

(i)by a not-for-profit organisation; or

(ii)by volunteers; or

(iii)by residents; or

(iv)by a religious organisation; or

(v)as a cooperative;

(h)whether the retirement village or part of the retirement village occupied by residents is comprised of lots on a plan of subdivision for the village—

(i)that are owned by a resident of the village; or

(ii)that are common property owned by an owners corporation of the village that has resident members;

(i)whether effect will be given to the principles if the exemption is granted;

(j)if an exemption has previously been granted in respect of a retirement village, the reasons for and the terms of that exemption;

(k)any other prescribed criteria.

7EExemption must be published

If the Director grants an exemption under section 7A(1), the Director must publish notice of the granting of the exemption as soon as practicable after it is made—

(a)on the Internet site of the Director or any other prescribed place; and

(b)as part of the register of retirement villages maintained under this Act.

7FSubmissions by residents

(1)A resident of the retirement village that is the subject of an application under Division 2 may make written submissions to the Director about the application.

Note

Section 42D applies to the making of a submission under subsection (1).

(2)Any submissions made by a resident under subsection (1) must be made within 60 days after service of the notice under section 7L.

7GReview of exemption granted

(1)The Director may review an exemption granted under section 7A(1) at any time.

(2)Before commencing a review under subsection (1), the Director must give written notice that the Director proposes to review the exemption—

(a)to the person to whom the exemption has been granted; and

(b)to the residents of the retirement village.

(3)In a notice under subsection (2), the Director may require the person to whom the exemption has been granted to give the Director the documents or information specified in the notice.

(4)Within 14 days of receiving notice under subsection (2), the person to whom the exemption has been granted must give the documents or information specified in the notice to the Director.

7HOutcome of review

(1)On completing a review under section 7G, the Director may revoke, amend or vary the reviewed exemption.

(2)On completing a review under section 7G the Director must give notice of the outcome of the review, including any decision to revoke, amend or vary the exemption under subsection (1) to—

(a)the person to whom the exemption has been granted; and

(b)the residents of the retirement village.

7IOffence to contravene conditions of an exemption

A person to whom an exemption has been granted must not contravene any conditions of the exemption.

Penalty:200 penalty units.

Division 2—Applications for exemptions

7JApplication

(1)The proprietor or operator (or both) of a retirement village may apply for an exemption under section 7A in relation to that retirement village.

(2)An application under subsection (1) must include the following—

(a)the name of the retirement village;

(b)the reason for seeking the exemption;

(c)whether the exemption applied for relates to—

(i)all of the provisions of this Act; or

(ii)some of the provisions of this Act, and if so, a list of the specific provisions;

(d)a copy of the notice served on residents under section 7L and the date on which the notice was served on the residents;

(e)if applicable, a copy of the current instrument of exemption, including any conditions imposed by the Director on the exemption.

(3)An application under subsection (1) must be accompanied by the prescribed application fee for the application.

(4)If the material grounds for an application change, the applicant must notify the Director of these changes.

(5)The Director must pay any fee received in respect of an application into the Victorian Property Fund in accordance with section 73(ha) of the Estate Agents Act 1980.

7KDirector may request additional information from applicant

(1)If the Director requires additional information in respect of an application under section 7J, the Director may request additional information from the applicant.

(2)If the Director requests additional information under subsection (1), the applicant must provide the requested information to the Director within 14 days of the request being made.

7LApplicant must serve written notice on residents

Before a person makes an application under section 7J, the person must serve written notice on each resident of the retirement village informing that resident of—

(a)the person's intention to apply for an exemption under this Act; and

(b)an explanation of the exemption applied for; and

(c)the consequences of the Director granting the exemption; and

(d)a statement that a resident has the right, under section 7F, to make submissions within 60 days after the service of the notice.

Note

Section 42D applies to the serving of a notice under this section.".

Division 3—Amendment of Part 2

11Section 8 substituted and section 9 amended

(1)For section 8 of the Principal Act substitute—

"8   Offence to operate retirement village unless notice lodged

(1)A person must not operate a retirement village in respect of which a retirement village notice has not been lodged under section 9.

Penalty:200 penalty units.

(2)A person who is a resident in a retirement village in respect of which the operator has contravened subsection (1) may rescind any contract relating to the person's residence in the village.

(3)A person who has entered into a contract relating to residence in a retirement village in respect of which the operator has contravened subsection (1), may rescind that contract.".

(2)In section 9(1) of the Principal Act—

(a)for "owner" substitute "proprietor";

(b)for "residence right in the land" substitute "right to occupy premises in the village or proposed village".

(3)In section 9(4) of the Principal Act—

(a)for "Before lodging a retirement village notice" substitute "Before a retirement village notice is lodged";

(b)in paragraph (a), for "residence right which the owner may subsequently create" substitute "right to occupy premises which may subsequently be created";

(c)for paragraph (b) substitute—

"(b)enter into an agreement with the holders of all encumbrances which would otherwise take priority to any right to occupy premises which might subsequently be created to the effect that the right to occupy premises will have first priority.".

(4)In section 9(5) of the Principal Act—

(a)after "owner" insert "within the meaning of this Act as in force before the commencement of section 6 of the Retirement Villages Amendment Act 2025";

(b)after "residence right" insert "within the meaning of this Act as in force before the commencement of section 6 of the Retirement Villages Amendment Act 2025".

12New sections 11A and 11B inserted

After section 11 of the Principal Act insert—

"11A   Requirement to notify Director

(1)Immediately on the lodgement of a retirement village notice under section 9—

(a)the operator of the retirement village must give a notice to the Director that sets out—

(i)the name and address of the operator of the retirement village; and

(ii)the particulars that are required to enable the Director to record the information required under section 38J(2); and

(iii)any other prescribed particulars; or

(b)if there is no operator of the retirement village, the proprietor of the retirement village must give a notice to the Director that sets out—

(i)the name and address of the proprietor of the retirement village; and

(ii)the particulars that are required to enable the Director to record the information required under section 38J(2); and

(iii)any other prescribed particulars.

Penalty:10 penalty units.

Note

See Part 6F for payment that must be made with the giving of the notice to the Director under this subsection.

(2)If there is a change in any particular relating to a retirement village that is specified in subsection (1), within 14 days after the change is made—

(a)the operator of the retirement village must give notice of the change to the Director; or

(b)if there is no operator of the retirement village, the proprietor must give notice of the change to the Director.

Penalty:10 penalty units.

11BOperator to give annual notice as to register information

(1)For each 12 month period for which a retirement village is operating, the operator of the retirement village must give a written notice to the Director—

(a)as to whether or not any change is required to the particulars referred to in section 11A(1)(a) or (b); or

(b)as to whether or not the particulars that are on the register are correct and, if the particulars are not correct, of any change that is required to the particulars.

Penalty:   10 penalty units.

Note

See Part 6F for payment that must be made with the giving of the notice to the Director under this subsection.

(2)The notice under subsection (1) must be given—

(a)on or before the end of 12 months after the giving of the notice under section 11A(1); and

(b)after that, on or before the anniversary of the day on which the previous notice was given.".

Division 4—Amendment of Part 3

13Heading to Part 3 amended

In the heading to Part 3 of the Principal Act, for "Residence rights" substitute "Rights to occupy premises".

14Section 12 repealed

Section 12 of the Principal Act is repealed.

15Rights to occupy premises

(1)Insert the following heading to section 13 of the Principal Act—

"Right to occupy premises".

(2)In section 13(1) of the Principal Act, for "residence right" (where twice occurring) substitute "right to occupy premises".

16Enforcement of right to occupy premises

(1)Insert the following heading to section 14 of the Principal Act—

"Enforcement of right to occupy premises".

(2)In section 14(1) of the Principal Act, for "residence right" substitute "right to occupy premises".

(3)In section 14(2) of the Principal Act, after "residence right" insert "within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025".

(4)In section 14(4) of the Principal Act, for "residence right" substitute " right to occupy premises or residence right, within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025".

(5)In section 14(5) of the Principal Act—

(a)after "residence right" insert "within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025,";

(b)after "residence rights" insert "within the meaning of this Act as in force before the commencement of the Retirement Villages Amendment Act 2025, or rights to occupy premises".

17Residential Tenancies Act 1997 not to apply

In section 15 of the Principal Act, for "residence right" substitute "right to occupy premises".

18Section 16 substituted

For section 16 of the Principal Act substitute—

"PART 3A—TERMINATION OF RESIDENCE CONTRACTS

Division 1—Preliminary

16Definitions

In this Part—

breach notice means a notice served under section 16C(1);

notice of termination of contract for breach means a notice served under section 16D(1);

substantial breach, in relation to a residence contract, means a breach of the residence contract by a resident who is a party to the contract that is constituted by any of the following—

(a)the resident, by act or omission, intentionally or recklessly causing serious damage to any part of premises in the retirement village, including common areas or facilities;

(b)the resident, by act or omission, posing a serious threat to the life, health, safety or welfare of any other resident of the retirement village, the operator of the retirement village or any employee or contractor of the operator;

(c)a breach of the contract, that is one of many breaches by the resident that are persistent and, in the circumstances justify the termination of the contract;

termination notice means—

(a)a notice of termination of contract for breach; or

(b)a notice served under section 16M.

16ATermination considerations and effect of termination

A contracting party with whom a resident of a retirement village has entered into a residence contract must not serve a termination notice on the resident unless the service of the notice is reasonable and proportionate in the circumstances having regard to the following—

(a)the retirement village principles;

(b)the effect the notice will have on the health, safety or wellbeing of the resident;

(c)whether any other course of action is reasonably available;

(d)in the case of a notice of termination of contract for breach, the risk to any of the following persons if the contract is not terminated—

(i)another resident;

(ii)the operator;

(iii)an employee or contractor of the operator;

(iv)a visitor or other person lawfully on the premises;

(e)any other prescribed matters.

16BEffect of termination

This Part is in addition to and does not derogate from any other rights that a party to a residence contract, a management contract or any other retirement village contract has to rescind or terminate the contract, whether under this Act, the contract or otherwise, to the extent that those rights are consistent with this Part.

Division 2—Termination for breach of the residence contract

16CBreach notice

(1)If a contracting party reasonably believes that a resident of a retirement village, with whom the contracting party has entered into a residence contract, is in breach of the contract the contracting party may serve a notice on the resident to that effect.

(2)In a notice under subsection (1), the contracting party—

(a)must specify the breach; and

(b)must specify that the notice is served under this section; and

(c)must set out the effect of this Division; and

(d)be in the prescribed form (if any).

Penalty:50 penalty units.

(3)In a notice under subsection (1), the contracting party—

(a)must specify what the resident is required to do to remedy the breach; or

(b)if the breach is not capable of being remedied, must state that the resident is required to cease committing the breach—

(i)no later than 28 days after the date of service of the notice; or

(ii)if the period has been extended under subsection (4), no later than the end of the extended period.

Penalty:50 penalty units.

(4)The contracting party may extend the 28 day period required by subsection (3)(b)(i) for a further 28 days if—

(a)the resident has asked the contracting party in writing to do so; and

(b)the resident is not able to comply with the requirement within the first 28 day period.

16DNotice of termination of contract for breach

(1)A contracting party may serve a notice on a resident of a retirement village, with whom the contracting party has entered into a residence contract, terminating the contract and requiring the resident to leave the retirement village.

(2)A contracting party must not serve a notice under subsection (1) unless—

(a)the contracting party has served a breach notice on the resident; and

(b)the breach in respect of which the notice under subsection (1) is served is a substantial breach that has not been remedied as far as is practicable; and

(c)the resident has not complied with the breach notice, within the period required under section 16C.

Penalty:50 penalty units.

16EContents of notice of termination of contract for breach

In a notice under section 16D, the contracting party—

(a)must specify the breach to which the notice applies; and

(b)must state a date on or before which the resident must leave the retirement village which must not be earlier than 60 days after the date of service of the notice.

Penalty:50 penalty units.

16FVCAT order as to dispute regarding section 16C or 16D

(1)On application under section 16G(1) or (2), VCAT may make the following orders—

(a)an order restraining any action in breach of the residence contract, management contract or other retirement village contract, or provision of this Act or the regulations;

(b)an order to perform the residence contract, management contract or other retirement village contract;

(c)an order as to compliance with or the effect of a provision of this Act or the regulations;

(d)an order for payment of compensation to any party to the dispute;

(e)any other necessary ancillary or incidental order as determined by VCAT.

(2)In making an order under subsection (1) in a dispute about a notice of termination of contract for breach, VCAT must have regard to whether the purported service of the notice is reasonable and proportionate in the circumstances having regard to—

(a)the considerations set out in section 16A; and

(b)any other relevant factor considered by VCAT.

(3)In making an order under subsection (1) on an application made under section 16G(1), in addition to the matters set out in subsection (1) VCAT must have regard to whether a breach notice complies with section 16C.

(4)In making an order under subsection (1) on an application made under section 16G(2), in addition to the matters set out in subsection (1) VCAT must have regard to whether a notice of termination of contract for breach complies with section 16D.

16GApplications for orders under section 16F

(1)If a person is in a dispute about a breach notice for a residence contract, to which the person is a party, the person may apply to VCAT for an order under section 16F.

(2)If a person is in a dispute about a notice of termination of contract for breach of a residence contract, to which the person is a party, the person may apply to VCAT for an order under section 16F.

Division 3—Termination for health and safety reasons

16HPower to terminate residence contract for health and safety reasons

(1)A contracting party who has entered into a residence contract with a resident of a retirement village may terminate the residence contract if—

(a)the resident has care needs which cannot be met in the village by any one of the following—

(i)the operator of the retirement village;

(ii)an approved provider of home care services within the meaning of the Aged Care Act 1997 of the Commonwealth;

(iii)an NDIS provider within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

(b)the resident would pose a substantial risk to the health and safety of any person, including the resident, if the resident were to remain in the retirement village.

(2)A contracting party must not terminate a contract under subsection (1) unless the contracting party has first been given approval to do so under this Division by VCAT.

Penalty:50 penalty units.

16IApplication for approval to terminate

(1)A contracting party who proposes to terminate a residence contract under section 16H may apply to VCAT for approval to do so.

(2)An application under subsection (1) must—

(a)be in the prescribed form, if any; and

(b)set out the grounds on which the contracting party proposes to the terminate the residence contract.

16JService of notice of application for approval on certain persons

Within 10 business days after making an application under section 16I, the contracting party must serve a copy of the application on—

(a)the resident; and

(b)the operator (if the operator is not the contracting party); and

(c)the following (if any)—

(i)the emergency contact person for the resident;

(ii)the spouse or domestic partner of the resident;

(iii)any person who resides with the resident in the village with the permission of the operator under section 6.

16KDecision of VCAT on application for approval

(1)VCAT may decide to approve the termination of a residence contract by the contracting party under section 16H(2) if VCAT is satisfied that there are grounds for terminating the contract under that subsection.

(2)In giving an approval under subsection (1), VCAT may recommend a date on which the resident should vacate the premises.

16MNotice of termination on health and safety grounds

(1)On receiving approval of VCAT under section 16K to terminate the residence contract, the contracting party may serve a notice on the resident that the contract is terminated under section 16H and that the resident must leave the retirement village.

(2)The contracting party, in a notice served under subsection (1), must state—

(a)that the residence contract is terminated under section 16H; and

(b)a date on or before which the resident must permanently vacate the village which must not be earlier than—

(i)the date of service of the notice; and

(ii)the time recommended by VCAT under section 16K(2).

Penalty:50 penalty units.

16NDivision to apply irrespective of residence contract

This Division has effect despite any term to the contrary in—

(a)the residence contract; or

(b)any other retirement village contract to which the contracting party and the resident are parties.

Division 4—General

16OConsequences of termination notice

On the date that a resident permanently vacates premises in a retirement village after being served with a termination notice—

(a)the residence contract, the management contract and any other retirement village contract entered into by the resident are terminated; and

(b)despite anything to the contrary in Part 5B, the resident becomes immediately entitled to be paid the resident's exit entitlement (if any).".

Division 5—Part 4 substituted

19Part 4 substituted

For Part 4 of the Principal Act substitute—

"PART 4—CONTRACTS AND RELATED MATTERS

Division 1—Disclosure of information

17Information statements

For the purpose of this Act and the regulations, an information statement is a statement which—

(a)sets out the matters specified in section 18; and

(b)sets out any other prescribed matter or thing; and

(c)complies with section 19(1).

18Contents of information statement

An information statement must set out the following information—

(a)the name of the retirement village;

(b)the address of the retirement village;

(c)the name and address of the proprietor of the retirement village;

(d)if there is any common property in the retirement village that is vested in an owners corporation, the name and address of the owners corporation;

(e)the name, address, telephone number and ABN of the operator and the date that person commenced being the operator of the retirement village;

(f)the name of any person located at the retirement village as the representative of the operator of the retirement village, the place in the retirement village at which the person is located and the times at which the person is located at that place;

(fa)the prescribed information about or relating to all insurance arrangements that are in place in relation to the retirement village (other than policies of insurance held by residents of the village) including—

(i)details of any insurance policies in force over all or part of the village and copies of any relevant certificates of insurance; and

(ii)details of any funds set aside by the operator or proprietor to insure against any potential damage to the village by whatever means;

(g)the prescribed information about—

(i)the contracts that have to be entered into to become a resident of the retirement village; and

(ii)financial matters, entitlements and obligations of a person on entering, living in and leaving the retirement village; and

(iii)any other matters.

19Form, content and certification of information statement

(1)The information statement for a retirement village must—

(a)be in a form approved by the Director; and

(b)contain the prescribed information; and

(c)present that information clearly and concisely, including any information included as an attachment.

(2)Before publication of an information statement for a retirement village under section 20(1), the operator of the retirement village must sign the information statement and attest to whether the contents of the information statement are correct to the best of the operator's knowledge.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)If there is a proprietor of a retirement village who is not the operator, before publication of an information statement for the retirement village under section 20(1), the proprietor must sign the information statement and attest to whether the contents of the information statement are correct to the best of the proprietor's knowledge.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(4)Before publication of an updated information statement under section 20(2), the operator of the retirement village must sign the updated information statement and attest to whether the contents are correct to the best of the operator's knowledge.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(5)If there is a proprietor of a retirement village who is not the operator, before publication of an updated information statement under section 20(2), the proprietor must sign the updated information statement and attest to whether the contents are correct to the best of the proprietor's knowledge.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

20Publication of information statement

(1)On and from the day on which a retirement village notice for a retirement village is lodged with the Registrar of Titles under Part 2, the operator of the retirement village must publish the information statement for the village as certified under section 19(2) and (3) and keep that information statement published on the Internet site of the operator.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(2)If an information statement is updated under section 21, the operator of the retirement village must publish the updated information statement for the village as certified under section 19(4) and (5) and keep that information statement published on the Internet site of the operator.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

21Obligation to update information statement

(1)The operator of a retirement village must update the information statement at the end of every 12 month period, with the first period beginning with the day on which the information statement is first published.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(2)If there is a change to a material fact or particular in an information statement for a retirement village, the operator of the retirement village must update the information statement as soon as possible after the change occurs.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)The proprietor of a retirement village must take all reasonable steps to notify the operator of the village of any change to a material fact or particular in an information statement of which the proprietor is aware.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

22Provision of information statement

(1)A person who is proposing to become a resident of a retirement village may ask the operator of the village, or a representative of the operator of the village for the information statement for the village.

(2)The person to whom a request is made under subsection (1) must give the information statement to the person who made the request—

(a)not later than 7 days after the request is made; and

(b)in a manner agreed to by the person making the request; and

(c)without asking for any payment for doing so.

Penalty:120 penalty units.

(3)Subsection (2) applies regardless of whether the request under subsection (1) is made orally or in writing.

(4)If the proprietor or operator of a retirement village, or an agent of the proprietor or operator, gives or sends targeted promotional material to a person, the person giving or sending the material, must ensure that a copy of the information statement relating to the retirement village is included with the material.

Penalty:50 penalty units.

(5)A person is not required to comply with subsection (2) or (4) if—

(a)the person making the request under subsection (1) has previously been given an information statement; and

(b)the information in the information statement has not changed in any material particular since it was given.

(6)In this section—

targeted promotional material means material given or addressed personally to a person, or their representative, that is intended to promote a particular retirement village as a place in which to live but does not include marketing material distributed generally to the public.

23Inspection of residence documents

(1)A person who is proposing to become a resident of a retirement village may make a request to the operator of the retirement village or a representative of the operator to inspect one or more residence documents relating to the retirement village.

(2)A person who receives a request under subsection (1) must make any of the requested documents in their possession or control available for inspection—

(a)not later than 7 days after the request is made; and

(b)in the manner agreed to by the person making the request; and

(c)without asking for any payment for doing so.

Penalty:120 penalty units.

(3)Subsection (2) applies regardless of whether the request under subsection (1) is made orally or in writing.

24Resident to be given certain documents

(1)At least 21 days before a resident enters into a residence contract for premises in a retirement village, the operator of the retirement village must give a copy of the residence contract to the resident.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(2)At least 21 days before a resident enters into any management contract with the operator of a retirement village, the operator must give to the resident the following documents—

(a)a copy of the management contract;

(b)the information statement;

(c)the by-laws of the village;

(d)all other documents referred to in the definition of residence documents.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)The operator is excepted from giving the information statement to the resident under subsection (2) if—

(a)the resident has previously been provided with a copy of the information statement; and

(b)the information in the information statement has not changed in a material particular since it was provided.

(4)At least 21 days before a resident enters into any management contract with the operator of a retirement village, if the resident has not previously inspected any of the residence documents requested under section 23(1), the operator must advise the resident that the resident has a right to do so.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

25Offences relating to giving information

(1)A person who includes in an information statement or a residence document a statement which the person knows to be false or misleading in a material particular is guilty of an offence and liable to a penalty of not more than—

(a)60 penalty units for a natural person; or

(b)300 penalty units for a body corporate.

(2)If the operator or a representative of the operator is asked by a resident of a retirement village to give the resident that information concerning the retirement village which the resident reasonably requires and which the operator or representative is able to give the operator or representative must give the resident the information.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)A person who under subsection (2) gives information to a resident which the person knows to be false or misleading in a material particular is guilty of an offence and liable to a penalty of not more than—

(a)60 penalty units for a natural person; or

(b)300 penalty units for a body corporate.

26Effect of contravention of this Division

(1)If there is a contravention of this Division in respect of a resident, the resident may rescind any residence contract entered into by the resident relating to the retirement village, in accordance with section 42.

(2)On application by a proprietor who is a party to a residence contract, VCAT may declare that a resident who is a party to that contract does not have a right to rescind the contract under subsection (1).

(3)VCAT must not make a declaration under subsection (2) unless VCAT is satisfied that—

(a)the proprietor and any agent of the proprietor have acted honestly and reasonably and ought fairly to be excused for the contravention of this Division; and

(b)the resident is in substantially as good a position as if this Division had been complied with.

26AInspection of documents

(1)At the request of a resident of a retirement village, the operator or the operator's agent must make available for inspection by the resident all residence documents which apply to the resident and are in the possession or under the control of the operator or agent.

Penalty:120 penalty units.

(2)A resident may inspect and take copies of documents made available to the resident under subsection (1).

Division 2—Requirements for contracts

26BOffences for contracts that are not in the prescribed form

(1)A contracting party must not enter into a residence contract for a retirement village with a resident that—

(a)is not in the prescribed form, if any, for the type of residence contract; or

(b)does not contain the prescribed provisions, if any, for the type of residence contract.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(2)A failure of a contracting party to comply with subsection (1) in entering into a residence contract does not affect the validity of the residence contract entered into.

(3)The operator of a retirement village must not enter into a management contract with a resident of the village that—

(a)is not in the prescribed form, if any, for the type of management contract; or

(b)does not contain the prescribed provisions, if any, for the type of management contract.

Penalty:60 penalty units for a natural person.

300 penalty units for a body corporate.

(4)A failure of an operator to comply with subsection (3) in entering into a management contract does not affect the validity of the management contract entered into.

(5)A contracting party must not enter into any other retirement village contract for the retirement village that relates to the conferral of or giving rise to the right to occupy premises in the village that is not in the prescribed form (if any).

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(6)A failure of a contracting party to comply with subsection (5) in entering into a retirement village contract does not affect the validity of the contract entered into.

26COffence to fail to give copy of residence contract to resident

The contracting party for a residence contract for premises in a retirement village must give a person who signs the contract as a resident a copy of the contract as soon as the person signs the contract.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

26DOffences for contracts that include prohibited terms

(1)A contracting party must not enter into a residence contract with an owner resident that provides for the alteration or reinstatement of the premises of the owner resident.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(2)A contracting party must not enter into a residence contract with a resident—

(a)that provides for a requirement to pay a fee, cost, charge or liability that was not disclosed in the information statement; or

(b)that contains any other provision that is prohibited by the regulations from being included in a retirement village contract.

Penalty:60 penalty units for a natural person;

300 penalty units for a body corporate.

(3)If a contract contains a provision in contravention of this section, the provision is void.

Division 3—Particular contract provisions

26EAdditional provisions in contracts

(1)A residence contract or management contract may include a provision that is in addition to the provisions set out in the prescribed form for the contract, if the provision complies with subsection (2).

(2)The provision—

(a)must be consistent with this Act and the regulations; and

(b)must not—

(i)exclude, restrict or modify any provision of the contract that is in the prescribed form; or

(ii)purport to exclude, restrict or modify any provision of the contract that is in the prescribed form; and

(c)must not be a provision to which section 26D applies.

26FRequirements for exit entitlement provisions and capital gain or capital loss provisions

(1)A residence contract must address the method of calculating any repayable exit entitlement that the contracting party is liable to pay to the resident on the resident vacating their premises in the village.

(2)Subject to subsection (4), the amount of exit entitlement that a resident is entitled to when the resident vacates the village or dies must be calculated in the prescribed manner.

(3)A provision in a contract or document that relates to a retirement village that has the effect or purports to have the effect of overriding or negativing this section is void.

(4)A residence contract must not provide for a method of apportioning the capital gains and capital losses when calculating the exit entitlement that apportions a higher proportion of capital loss to the resident than the proportion of capital gain apportioned to the resident.

26GContractual requirements for settling in period

(1)The following subsections apply to a retirement village contract entered into by a non-owner resident of a retirement village—

(a)that provides that the resident may leave the village at any time during a period, specified in the contract, that immediately follows whichever of the following first occurs—

(i)the day after the day the resident becomes entitled to occupy premises in the village;

(ii)the day after the day the resident occupies premises in the village; and

(b)that provides that the resident is not required to pay any fee for leaving the village during the period determined under paragraph (a) that might be payable for leaving the village outside that period.

(2)The contract must set out the day on which the settling in period commences and the day on which it ends.

(3)The day on which a settling in period commences must not be before the expiration of the period during which the contract can be rescinded under section 26X.

(4)The contract must provide that, if the resident proposes to leave the village during the settling in period, the resident must give the operator of the village written notice of that proposal before the resident leaves the village.

(5)The contract may provide that, if the resident leaves the village during the settling in period, the resident is required to make any one or more of the following payments—

(a)fair market rent, determined as prescribed, from the day the period commences until the resident delivers up vacant possession;

(b)the cost of repairing any damage other than fair wear and tear;

(c)a reasonable administration fee, determined as prescribed;

(d)any other prescribed costs.

(6)A retirement village contract that provides for a settling in period is taken to include a condition that, if the resident vacates the village during the settling in period, the resident is not required to make any payments other than those specified in subsection (5).

(7)A retirement village contract that provides for a settling in period is taken to include a condition that, if the resident permanently vacates the village during the settling in period, the contracting party must pay the resident's exit entitlement within 14 days of the resident vacating the village.

26HWhen does settling in period not apply?

If a retirement village contract entered into by a resident of a retirement village provides for a settling in period, the provisions in the contract relating to that period do not apply if the resident—

(a)dies during the period; or

(b)moves to a residential care facility during the period.

26ISale of owner resident premises conditional on operator entering into management contract

A contract for the sale of premises of an owner resident in a retirement village is taken to include a condition that the contract is conditional on the operator of the retirement village entering into a management contract with the purchaser on or before completion of the purchase.

26JContracting out prohibited

If a residence contract, management contract or other retirement village contract contains a provision in contravention of this Division, the provision is void.

Division 4—Contract checks

26KContract checks

A contract check is a check of the retirement village contracts entered into by a resident of a retirement village that relate to the village that consists of the operator of the village providing—

(a)the information described in section 26L or in section 26M to the resident, as the case requires; and

(i)the person's business address or address for service specified in the contract; or

(ii)the address of the agent for the person.".

63New sections 42C to 42F inserted

After section 42B of the Principal Act insert—

"42C   Application of this Act to partnerships and unincorporated bodies

(1)If by or under this Act something is required or permitted to be done by a person, in the case of a partnership, the thing may be done by one or more of the partners on behalf of the partnership.

(2)If by or under this Act something is required or permitted to be done by a person, in the case of an unincorporated body that is not a partnership, the thing may be done by one or more members of the committee of the body on behalf of the body.

(3)A reference to a person who may be guilty of an offence against a provision of this Act includes—

(a)in the case of a partnership—a reference to each member of the partnership who knew of, or knowingly authorised or permitted, the commission of the offence; and

(b)in the case of an unincorporated body—a reference to each member of the committee of management of the body who knew of, or knowingly authorised or permitted, the commission of the offence.

42DGiving or service of documents

A notice or other document to be served or given to a person under this Act must be served or given—

(a)by delivering the document personally to the person; or

(b)by leaving the document at the person's usual or last known place of residence or business with a person apparently over the age of 16 years and apparently residing or employed at that place; or

(c)by sending the document to the person by post addressed to the person's usual or last known place of residence or business; or

(d)if the person is a corporation—

(i)by sending the document by post to the registered office in Victoria of the corporation; or

(ii)by giving the document to a person who is an officer of the corporation who is authorised to accept service of notices and who is employed at the registered office of the corporation; or

(e)by sending the document by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000; or

(f)in the manner ordered by VCAT.

42EVCAT may have regard to Codes of Practice prescribed by the regulations

In making a decision under this Act, VCAT may have regard to Codes of Practice prescribed by regulations made under section 44.

42FReview of Act

(1)The Minister must carry out a review of the operation of this Act, in particular—

(a)a review of the effect and operation of the amendments to this Act made by the Retirement Villages Amendment Act 2025; and

(b)whether any further amendment of this Act is required.

(2)The review under subsection (1) must commence at a time that is no earlier than 2 years and no later than 5 years after the commencement of the Retirement Villages Amendment Act 2025.

(3)The Minister must table a copy of the review under subsection (2) before each House of the Parliament as soon as practicable after the review is completed.

(4)The Minister may delegate the Minister's power to carry out a review under this section to a person employed under Part 3 of the Public Administration Act 2004, in the administration of this Act.".

64Section 43 substituted

For section 43 of the Principal Act substitute—

"43   Regulations

The Governor in Council may make regulations for or with respect to the following—

(a)the method for determining and indexing (by reference to a document or otherwise) the adjusted maintenance charge;

(b)contracts entered into between residents and either or both proprietors and operators of retirement villages, including—

(i)matters that are or are not to be included in any contracts or any contracts in a particular class of contract; and

(ii)forms of any contracts or any contracts in a particular class of contract, including methods of setting out the substance of the contracts, other matters relating to the setting out and style of the contracts and the use of words or other symbols in the contracts;

(c)records that must be kept by persons liable to make aged care payments or alternative accommodation payments for or with respect to the making of those payments;

(d)the form of payment statements to be given to vacating residents under Part 5B and information to be included in those statements;

(e)the form of payment requests and information to be included in payment requests;

(f)payment of exit entitlements or the payment of other amounts to vacating residents or residents who have died, including conditions that may or may not be included in contracts about the payments and offences relating to the payments;

(g)prescribing fees for applications or other matters under the Act for which fees are required to be paid;

(h)prescribing forms for the purposes of the Act or the regulations;

(i)records that must be kept by operators who make daily accommodation payments or alternative accommodation payments;

(j)information that must be given by operators to vacating residents about daily accommodation payments or alternative accommodation payments made by the operators on behalf of the residents;

(k)the display of key safety information in retirement villages;

(l)renovations of premises;

(m)village dispute procedures and the resolution of village disputes through village dispute procedures;

(n)conciliation of village disputes under Part 6E;

(o)generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.".

65New sections 44, 44A and 44B inserted

After section 43 of the Principal Act insert—

"44   Regulation making powers for Codes of Practice

(1)The Governor in Council, on the recommendation of the Minister may make regulations for or with respect to the following—

(a)marketing of retirement villages;

(b)disclosures that must be made before a retirement village contract is entered into;

(c)retirement village operation and administration;

(d)when the requirement to pay any fees and charges on a resident leaving the village ceases;

(e)renovation, refurbishment and reinstatement of premises in retirement villages;

(f)good practice in dealing with issues and disputes that commonly arise in retirement villages;

(g)village dispute procedures;

(h)operator and proprietor participation in the conciliation of village disputes under Part 6E;

(i)compliance and failure to comply with agreements reached during conciliation of village disputes under Part 6E;

(j)practice and procedure for conducting conciliations;

(k)any other related matters.

(2)In making a recommendation under subsection (1), the Minister may have regard to proposed regulations prepared by the Director for the purpose of this section.

(3)In preparing proposed regulations under subsection (2), the Director must consult with the following—

(a)one or more representatives of proprietors;

(b)one or more representatives of operators;

(c)one or more representatives of residents;

(d)any other prescribed person or body.

44ARegulation making powers for regulations preserved under section 75

(1)The Governor in Council may make regulations for or with respect to the following—

(a)the method for determining and indexing (by reference to a document or otherwise) the adjusted maintenance charge in relation to any contracts entered into under the pre-amendment Act;

(b)any contracts entered into under the pre-amendment Act between owners and residents of retirement villages or managers and residents of retirement villages, including—

(i)matters that must or must not be included in such contracts; and

(ii)forms of such contracts, including methods of setting out the substance of the contracts, other matters relating to the setting out and style of the contracts and the use of words or other symbols in the contracts;

(c)payment of amounts to residents who have entered into contracts under the pre-amendment Act and who have left retirement villages or died, including conditions that may or may not be included in the contracts as to such payments and offences relating to such payments;

(d)prescribing fees for the purposes of any provision of the pre-amendment Act;

(e)prescribing forms for the purposes of any provision of the pre-amendment Act;

(f)prescribing the information that must be contained in a factsheet under section 18A of the pre-amendment Act;

(g)prescribing documents for the purposes of section 18B(1) of the pre‑amendment Act;

(h)generally prescribing any other matter or thing required or necessary to be prescribed to give effect to this Act.

(2)Regulations under this section—

(a)may—

(i)provide for the collection of prescribed fees for the purposes of any provision of the pre-amendment Act; and

(ii)prescribe different fees in respect of different classes of persons organisations or cases for the purposes of any provision of the pre-amendment Act;

(b)may confer discretions or powers or impose duties in connexion with the regulations on an owner, manager, resident or other person.

(3)In this section—

manager has the same meaning as it had immediately before the commencement of section 6(2) of the Retirement Villages Amendment Act 2025;

owner has the same meaning as it had immediately before the commencement of section 6(2) of the Retirement Villages Amendment Act 2025;

pre-amendment Act means this Act as in force immediately before the commencement of section 65 of the Retirement Villages Amendment Act 2025.

44BGeneral powers for regulations

(1)Regulations under this Act may—

(a)be of general or limited application;

(b)differ according to differences in time, place or circumstance;

(c)apply differently to different classes of person;

(d)prescribe different infringement penalties for different classes of person;

(e)confer a discretionary authority or impose a duty on a specified person or body or specified class of person or body;

(f)leave any matter or thing to be from time to time determined or approved by the Director;

(g)may confer discretions or powers or impose duties in connection with the regulations on proprietors, operators, residents or other persons;

(h)may impose penalties, not exceeding 20 penalty units, for a contravention of the regulations.

(2)Regulations made under this Act in relation to fees imposed under this Act may make provision for or with respect to—

(a)specific fees;

(b)maximum and minimum fees;

(c)fees that vary according to value or time;

(d)fees that vary in respect of different classes of person, organisation or case;

(e)the means of collection and payment of fees;

(f)the time at which fees are to be paid.".

Division 15—Transitional and saving provisions

66New Part 9 inserted

After section 55 of the Principal Act insert—

'PART 9—TRANSITIONAL AND SAVING PROVISIONS—RETIREMENT VILLAGES AMENDMENT ACT 2025

56Definitions

In this Part—

applicable contract means either of the following—

(a)an applicable management contract;

(b)an applicable residence contract;

applicable management contract means a management contract within the meaning of section 3 before the commencement day, being a management contract that is in force immediately before the commencement day;

applicable residence contract means a residence contract within the meaning of section 3 before the commencement day, being a residence contract that is in force immediately before the commencement day;

applicable residence right means a residence right within the meaning of section 3 before the commencement of Divisions 4 and 5 of Part 2 of the Retirement Villages Amendment Act 2025, being a residence right that is in force immediately before that commencement;

commencement day means the day on which section 4 of the Retirement Villages Amendment Act 2025 comes into operation;

new Part 4 means Part 4 of this Act as in force on and from the commencement of section 19 of the Retirement Villages Amendment Act 2025;

old Act means this Act as in force immediately before the commencement day;

pre-existing retirement village means a retirement village in existence immediately before the commencement day.

57General transitional provision

(1)Except where the contrary intention appears, this Part, and any regulations made under this Part, do not affect or take away from the Interpretation of Legislation Act 1984.

(2)If a provision of this Act that was in force immediately before the commencement day continues to have effect by force of this Part, any provisions of this Act as in force before the commencement day that are related to the continued provision, and that need to continue to be in force in order for the continued provision to have full force and effect, continue to have effect for that purpose.

(3)On and from the commencement of section 6 of the Retirement Villages Amendment Act 2025, any reference in another Act or in regulations made under another Act to a residence right, within the meaning of this Act as in force before that commencement, being a reference in the other Act or regulations that was in force immediately before that commencement, includes a reference to a right to occupy premises, within the meaning of this Act as in force on and from that commencement.

58Transitional provision—Non-retired persons living in a retirement village

(1)Despite the commencement of section 9 of the Retirement Villages Amendment Act 2025, a person who is not a retired person, and who lived in a retirement village with a resident immediately before that commencement, may continue on and from that commencement to live in the village as if the person had been given permission under section 6(1) to do so.

(2)To avoid doubt, section 6A applies to a person referred to in subsection (1).

59Transitional provision—Exemptions declared before the commencement of section 9 of the Retirement Villages Amendment Act 2025

(1)On and from the commencement of section 9 of the Retirement Villages Amendment Act 2025, an old exemption continues in force as if it were made under Part 1A as inserted by the Retirement Villages Amendment Act 2025—

(a)until the earlier of the following—

(i)the day that is 12 months after the that commencement;

(ii)the day on which the Director makes a decision on an application for a new exemption under section 7A in respect of the retirement village to which the exemption relates;

(iii)the day on which the exemption is revoked by the Director; and

(b)on the same terms and conditions as applied to the old exemption.

(2)In this section—

old exemption means an exemption declared under section 6 of the old Act that was in force immediately before the commencement of section 9 of the Retirement Villages Amendment Act 2025.

60Transitional provision—Certain amendments to Part 3 to apply to applicable residence rights and applicable residence contracts

(1)On and from the commencement of Division 4 of Part 2 of the Retirement Villages Amendment Act 2025, the amendments made to this Act by that Division apply to—

(a)an applicable residence right as if any reference in Part 3 to a right to occupy premises includes a reference to an applicable residence right; and

(b)unless subsection (2) applies, an applicable residence contract as if any reference in Part 3 to a residence contract includes a reference to an applicable residence contract.

(2)Despite the commencement of section 18 of the Retirement Villages Amendment Act 2025, section 16 as in force before that commencement continues to apply to the termination of an applicable residence contract if—

(a)a notice to leave was issued to a resident under that section before that commencement; and

(b)the notice complied with section 16(6) of the old Act.

61Transitional provision—Application of Part 4 of old Act

Despite the commencement of section 19 of the Retirement Villages Amendment Act 2025—

(a)Divisions 2, 3, 5 and 6 of new Part 4 do not apply—

(i)to any resident of a retirement village who occupies the village under an applicable resident right; and

(ii)in respect of any applicable residence contract; and

(b)sections 18, 18A, 18B and 20 to 26 of the old Act continue to apply to any such resident and to any such contract as if, in relation to the resident and contract, any reference (however expressed) to—

(i)an owner of a retirement village within the meaning of section 3 of the old Act were a reference to the proprietor of the retirement village occupied by the resident, and a reference to that owner's agent were a reference to that proprietor's agent; and

(ii)a manager of a retirement village within the meaning of section 3 of the old Act were a reference to the operator of the retirement village occupied by the resident, and a reference to that manager's agent were a reference to that operator's agent.

62Transitional provision—Requirement to notify Director

Sections 11A and 11B apply to a proprietor or an operator of a pre-existing retirement village on and from the commencement of section 12 of the Retirement Villages Amendment Act 2025 as if in section 11A(1) for the words "Immediately on the lodgement of a retirement village notice under section 9" the following words were substituted—

"On the day on which section 4 of the Retirement Villages Amendment Act 2025 comes into operation".

63Transitional provision—Publication of information statement

Division 1 of new Part 4 applies to a proprietor or an operator of a pre-existing retirement village on and from the commencement of section 19 of the Retirement Villages Amendment Act 2025 as if in section 20(1) of new Part 4, for the words "the day on which a retirement village notice for a retirement village is lodged with the Registrar of Titles under Part 2", the words "the day on which section 4 of the Retirement Villages Amendment Act 2025 comes into operation" were substituted.

64Transitional provision—Contract checks

On and from the commencement of section 19 of the Retirement Villages Amendment Act 2025, Division 4 of new Part 4 applies to any applicable residence contract as if—

(a)in that Division a reference (however expressed) to—

(i)a retirement village contract were a reference to an applicable contract; and

(ii)an operator of a retirement village were a reference to the manager of the retirement village within the meaning of section 3 of the old Act; and

(iii)a proprietor of a retirement village were a reference to the owner of the retirement village land within the meaning of section 3 of the old Act; and

(iv)a retirement village were a reference to a retirement village within the meaning of section 3 of the old Act; and

(v)an owner resident were a reference to an owner resident within the meaning of section 3 of the old Act; and

(vi)a right to occupy premises were a reference to an applicable residence right; and

(vii)a residence contract were a reference to an applicable residence contract; and

(viii)a non-owner resident were a reference to a non-owner resident, within the meaning of section 3 of the old Act; and

(ix)the payment of an exit entitlement were a reference to the refund of all or part of a refundable in-going contribution, within the meaning of the old Act; and

(b)the meaning of capital gain and capital loss in section 3B did not apply to section 26L(2)(c)(ii) and the terms were instead given their ordinary meaning.

65Transitional provision—Charges

Despite the commencement of Division 6 of Part 2 of the Retirement Villages Amendment Act 2025, Part 5 of the old Act continues to apply in relation to a charge that was in force immediately before that commencement as if that Part had not been amended.

66Transitional provision—Divisions 2, 3 and 4 of Part 5B

(1)Despite the commencement of section 34 of the Retirement Villages Amendment Act 2025, Divisions 2 and 4 of Part 5B do not apply to applicable contracts.

(2)Subject to subsection (3), on and from the commencement of section 34 of the Retirement Villages Amendment Act 2025, Division 3 of Part 5B applies to the valuation of premises occupied under an applicable residence contract or to the valuation of an applicable residence right as if—

(a)the definitions of capital gain and capital loss in section 3B did not apply and the terms were instead given their ordinary meaning; and

(b)in that Division, a reference to—

(i)the payment of an exit entitlement were a reference to the refund of all or part of a refundable in-going contribution within the meaning of section 3 of the old Act; and

(ii)an owner resident were a reference to an owner resident within the meaning of section 3 of the old Act; and

(iii)a non-owner resident were a reference to a non-owner resident within the meaning of section 3 of the old Act; and

(iv)a right to occupy premises were a reference to an applicable residence right; and

(c)the note to section 32L(3) were repealed.

(3)Despite the commencement of section 34 of the Retirement Villages Amendment Act 2025, Division 3 of Part 5B does not apply to the valuation of premises occupied under an applicable residence contract that includes the clauses set out in Schedule 3 or 4 to the Retirement Villages (Contractual Arrangements) Regulations 2017 as in force before that commencement.

67Transitional provision—Application of Divisions 5 and 6 of Part 5B

(1)On and from the commencement of section 34 of the Retirement Villages Amendment Act 2025, Divisions 5 and 6 of Part 5B apply in relation to a relevant in-going contribution liability as if—

(a)the definitions of capital gain and capital loss in section 3B did not apply to those Divisions and the terms were instead given their ordinary meaning; and

(b)in those Divisions, a reference to—

(i)the payment of an exit entitlement were a reference to the refund of all or part of a refundable in-going contribution within the meaning of section 3 of the old Act; and

(ii)a resident were a reference to a resident within the meaning of section 3 of the old Act; and

(iii)an owner resident were a reference to an owner resident within the meaning of section 3 of the old Act; and

(iv)a non-owner resident were a reference to a non-owner resident within the meaning of section 3 of the old Act.

(2)In this section—

relevant in-going contribution liability means a liability to refund all or part of a refundable in-going contribution after the commencement of section 34 of the Retirement Villages Amendment Act 2025 that—

(a)arose in relation to an applicable residence contract or an applicable management contract before that commencement and that remains outstanding on and from that commencement; or

(b)arises on or after that commencement in relation to an applicable residence contract or an applicable management contract.

68Transitional provision—By-laws

Any by-laws that were in force immediately before the commencement of section 43 of the Retirement Villages Amendment Act 2025 are taken on and from that commencement to have been made under section 37 as amended by the Retirement Villages Amendment Act 2025 and may be amended and revoked in accordance with that section.

69Transitional provision—Modification and reinstatement

Despite the commencement of section 44 of the Retirement Villages Amendment Act 2025, the matters dealt with in Part 6AA do not apply to any applicable residence contract or to any modifications, reinstatement works or renovations carried out under an applicable residence contract before, on or after that commencement.

70Transitional provision—Accounts

(1)Division 1A of new Part 6A applies to the accounts of a pre-existing retirement village in relation to a financial year commencing on or after the commencement of section 49 of the Retirement Villages Amendment Act 2025.

(2)In this section—

new Part 6A means Part 6A as amended by section 49 of the Retirement Villages Amendment Act 2025.

71Transitional provision—Maintenance charges

Section 38A, as inserted by section 46 of the Retirement Villages Amendment Act 2025, does not apply to a resident of a retirement village who occupies premises in the village under an applicable residence contract.

72Transitional provision—Charges for optional services

Section 38BC, as inserted by section 48 of the Retirement Villages Amendment Act 2025, does not apply to a resident of a retirement village who occupies premises in the village under an applicable residence contract.

73Transitional provision—Payments to former residents

Despite the commencement of section 53 of the Retirement Villages Amendment Act 2025, section 38I of this Act, as in force before that commencement—

(a)continues to apply to a person who had, immediately before that commencement, an outstanding liability to make a payment referred to in section 38I(1); and

(b)continues to apply to the requirement to give a statement referred to in section 38I(2) to a former resident in relation to a payment of an amount referred to in section 38I made on or after that commencement, as if the reference to "the manager of a retirement village" in that section were a reference to "the operator of a retirement village".

74Regulations dealing with transitional matters

(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Retirement Villages Amendment Act 2025 (including the repeals and amendments made by that Act).

(2)Regulations made under this section may—

(a)have a retrospective effect to a day on or from the date on which the Retirement Villages Amendment Act 2025 receives the Royal Assent; and

(b)be of limited or general application; and

(c)leave any matter or thing to be decided by a specified person or class of person; and

(d)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.

(3)Regulations under this section have effect despite anything to the contrary in any Act (other than the Retirement Villages Amendment Act 2025 or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

75Regulations continue in force despite substitution of authorising provision

Despite the commencement of section 64 of the Retirement Villages Amendment Act 2025, the following regulations, as in force immediately before that commencement, are taken to continue in force until the day on which they expire under section 5 of the Subordinate Legislation Act 1994 unless earlier revoked—

(a)the Retirement Villages (Records and Notices) Regulations 2015;

(b)the Retirement Villages (Contractual Arrangements) Regulations 2017;

(c)the Retirement Villages (Infringements) Regulations 2018.'.

PART 3—AMENDMENT OF OTHER ACT

67Amendment of Criminal Procedure Act 2009

After item 26 of Schedule 2 to the Criminal Procedure Act 2009 insert—

"26A Retirement Villages Act 1986

26A.1Indictable offences under the Retirement Villages Act 1986.".

PART 4—REPEAL OF THIS ACT

68Repeal of this Act

This Act is repealed on 1 May 2027.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 28 November 2024

Legislative Council: 6 February 2025

The long title for the Bill for this Act was "A Bill for an Act to amend the Retirement Villages Act 1986, to make minor amendments to other Acts and for other purposes."