Retirement Villages (Records and Notices) Regulations 2025 (Vic)
Retirement Villages (Records and Notices) Regulations 2025
S.R. No. 122/2025
TABLE OF PROVISIONS
Regulation Page
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definition
6Matters for inclusion in disclosure statement
7Retirement village notice
8Factsheet relating to retirement village
9Documents to be made available for inspection
10Procedure for dealing with management complaints and resident disputes
Schedule 1—Additional information to be contained in a retirement village notice
Schedule 2—Information required for factsheet
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Endnotes
STATUTORY RULES 2025
S.R. No. 122/2025
Retirement Villages Act 1986
Retirement Villages (Records and Notices) Regulations 2025
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 25 November 2025
Responsible Minister:
NICK STAIKOS
Minister for Consumer Affairs
ANGELA SMITH
Clerk of the Executive Council
1Objectives
The objectives of these Regulations are—
(a)to prescribe matters to be included in a disclosure statement; and
(b)to prescribe matters to be included in a retirement village notice; and
(c)to prescribe matters to be included in a factsheet; and
(d)to prescribe the documents relating to a retirement village that a retired person, or a person acting on behalf of a retired person, may request to inspect; and
(e)to set out a procedure for creating and maintaining written records of management complaints and resident disputes in retirement villages.
2Authorising provision
These Regulations are made under section 43 of the Retirement Villages Act 1986.
3Commencement
These Regulations come into operation on 5 December 2025.
4Revocation
The Retirement Villages (Records and Notices) Regulations 2015[1] are revoked.
5Definition
In these Regulations—
the Actmeans the Retirement Villages Act 1986.
6Matters for inclusion in disclosure statement
For the purposes of paragraph (e) of the definition of disclosure statement in section 3(1) of the Act, the prescribed matters are the following—
(a)a short statement setting out the purpose of the disclosure statement;
(b)a statement that the disclosure statement is required to be given under the Act;
(c)a statement of the importance of seeking advice from an independent financial or legal adviser;
(d)details of the amounts payable by the resident on entry to the retirement village;
(e)details of the ongoing costs payable by the resident as at the date the resident enters the retirement village;
(f)details of the liabilities of the resident on permanent departure from the resident's premises;
(g)details of the entitlements of the resident on permanent departure from the resident's premises;
(h)details of the estimated refundable
in-going contribution or other entitlement payable to the resident if the resident permanently departs the resident's premises after one, 2, 5 and 10 years residence.
7Retirement village notice
For the purposes of section 9(3)(a) of the Act, the prescribed information is in Schedule 1.
8Factsheet relating to retirement village
For the purposes of section 18A(5)(b) of the Act, the prescribed information is in Schedule 2.
9Documents to be made available for inspection
For the purposes of section 18B(1) of the Act, the prescribed documents are the following—
(a)the site plan of the retirement village;
(b)plans of any premises under construction within the retirement village;
(c)planning permissions for further development of the retirement village;
(d)the statements and report presented to the previous annual meeting of the retirement village under sections 34 and 38H(2) of the Act;
(e)if the retirement village has a capital works, capital replacement or maintenance fund, statements of the balances at the end of the previous 3 financial years of the village;
(f)examples of contracts that prospective residents may be required to enter into;
(g)the documents required under sections 38E(1) and 38F(1) of the Act.
10Procedure for dealing with management complaints and resident disputes
(1)For the purposes of section 38E(4) or 38F(4) of the Act, the procedure for creating and maintaining written records of management complaints and resident disputes is set out in this regulation.
(2)A manager of a retirement village must—
(a)establish a separate physical file or electronic file for each management complaint and each resident dispute in the village; and
(b)immediately record in the file—
(i)the date the file was opened; and
(ii)the name and address of the resident raising the complaint or dispute; and
(iii)contact details for the resident or the resident's representative; and
(iv)whether the matter was raised orally or in writing; and
(v)whether the matter is a resident dispute or a management complaint; and
(vi)detailed particulars of the dispute or complaint; and
(vii)copies of any correspondence or other documentation given to the manager by the resident.
(3)The manager, as soon as practicable after complying with the requirements in subregulation (2), must place in the file a dated copy of written advice to the resident summarising the manager's understanding of the matter to be resolved, the steps the manager intends to take and the date by which the manager will advise the resident further.
(4)The manager, as soon as practicable after each subsequent occasion on which the manager advises the resident of—
(a)the manager's understanding of the matter to be resolved; or
(b)steps the manager intends to take or has taken; or
(c)the date by which the manager will advise the resident further—
must place in the file a dated copy of the advice or, if the advice was not in writing, a detailed description of the advice.
(5)The manager must place in the file as applicable—
(a)file notes of every action taken by the manager to resolve the complaint or dispute, as soon as practicable after making the file notes; and
(b)copies of all correspondence or other documentation received or sent by the manager in relation to the complaint or dispute, as soon as practicable after the correspondence is received or sent by the manager; and
(c)either a copy of—
(i)written notification given to the resident that the manager regards the dispute or complaint as resolved and setting out the details of its resolution, as soon as practicable after the written notification is given; or
(ii)if the manager has concluded that the dispute or complaint cannot be resolved, a copy of written notification of this given to the resident, setting out the reasons and advising the resident that they may contact Consumer Affairs Victoria for assistance or seek independent legal advice, as soon as practicable after the written notification is given.
(6)The manager must retain the file for 7 years after the date the complaint or dispute is recorded.
SCHEDULE 1—ADDITIONAL INFORMATION TO BE CONTAINED IN A RETIREMENT VILLAGE NOTICE
Regulation 7
1The name of the owner of the land
(1)For land that is under the operation of the Transfer of Land Act 1958 and in an identified folio under that Act—the name of the person who (alone or with others) is the owner of an estate in fee simple in respect of the land.
(2)For land that is under the operation of the Transfer of Land Act 1958 (but not in an identified folio under that Act)—the name of the person who (alone or with others) is registered as the proprietor of an estate in fee simple in respect of the land.
(3)For land that is not under the operation of the Transfer of Land Act 1958—the name of the person who (alone or with others) is the owner of an estate in fee simple in respect of the land.
2Signatures
The signature of the owner or the owner's legal practitioner, licensed conveyancer or agent.
3Date
The date the notice is signed by the owner or the owner's legal practitioner, licensed conveyancer or agent.
SCHEDULE 2—INFORMATION REQUIRED FOR FACTSHEET
Regulation 8
1The name of the retirement village.
2A statement setting out the following matters—
(a)when the factsheet must be provided;
(b)the desirability of obtaining independent advice about the contracts that will have to be entered into;
(c)the desirability of understanding the financial commitment involved in entering, living in and leaving the retirement village;
(d)the desirability of considering what questions should be asked of the retirement village manager before a contract is entered into;
(e)the desirability of considering whether or not retirement village living is appropriate.
3The address of the retirement village.
4In respect of a retirement village where there is no owners corporation, the name and address of the owner of the retirement village land.
5In respect of a retirement village where there is an owners corporation, the name and address of the person, including the owners corporation, owning land on which common facilities in the retirement village are located.
6The year construction started on the retirement village.
7The name, ABN, address and telephone number of the current manager and the date the person or body commenced to be the manager.
8Whether or not there is an onsite representative of the manager available for residents and, if so, the days and times the representative is available.
9The nature of resident tenure in the retirement village.
10The number and size of residential premises in the retirement village.
11The garage and car parking spaces in the retirement village.
12Whether or not planning permission has been granted for further development of the retirement village.
13The facilities available at the retirement village, the cost of use of the facilities and any restrictions on the availability of the facilities.
14Whether or not the retirement village has an onsite or attached residential or aged care facility and, if so, a statement setting out that entry is dependent on any necessary assessment undertaken under the Aged Care Act 2024 of the Commonwealth and that the owner or manager cannot keep places aside for residents.
15The services provided by the owner or manager to residents that are funded by maintenance charges and other ongoing charges, including rent.
16Any optional services that are provided or made available to residents on a user-pays basis.
17Whether or not the resident is required to pay a refundable in-going contribution to enter the retirement village and, if so, the amount or range and when that contribution, or any other entitlement due to the resident on permanent departure from the resident's premises, is to be refunded or paid.
18Whether or not a fee is deducted from the refundable in-going contribution or other entitlement due to the resident on permanent departure from the resident's premises and, if so, how the fee is calculated.
19Details of other amounts payable by the resident on permanent departure from the resident's premises.
20Whether or not the resident is required to pay a non‑refundable in-going contribution to enter the retirement village and, if so, the amount.
21The estimated sale price ranges for all classes of residential premises in the retirement village (on a reinstated or renovated basis) as at a stated date.
22The current rates of maintenance charges and other ongoing charges, including rent, for all classes of residential premises in the retirement village and how often they must be paid.
23For owner residents, the current amount or range of owners corporation fees and how often the fees must be paid.
24Whether or not the resident shares in any capital gain or loss on the resale of the resident's premises and, if so, how the share is calculated.
25Whether or not, and to what extent, the resident is responsible for renovation or reinstatement of the resident's premises on permanent departure from the resident's premises.
26The insurance that the owner or manager and the resident are responsible for arranging.
27Any surplus or deficit for the retirement village as set out in the financial statements presented to the previous annual meeting of the retirement village under section 34(3) of the Act.
28Whether or not the retirement village has a fund for long-term maintenance or capital replacement and, if so, the balance of that fund at the end of the last financial year.
29The surplus or deficit of any owners corporation at the end of the last financial year or for the last quarter if that is the only available figure.
30Whether or not any owners corporation has a maintenance plan under the Owners Corporations Act 2006.
31Whether or not any owners corporation has a maintenance fund under the Owners Corporations Act 2006, and, if so, the balance of that fund at the end of the last financial year or for the last quarter if that is the only available figure.
32Details of any security system or emergency assistance system for the retirement village.
33Whether or not residents can keep pets, including any restrictions on the keeping of pets.
34Whether or not there are any restrictions on residents' and visitors' car parking.
35Whether or not the retirement village is accredited by a recognised industry organisation.
36Whether or not the retirement village has a residents committee established under the Act.
37Whether or not the retirement village has a waiting list and, if so, whether or not there is any fee for the waiting list charged by the retirement village.
38If there is a waiting list fee, whether or not it is refundable on entry.
39A reference to retirement village information on the website of Consumer Affairs Victoria.
40A statement of the documents that can be inspected free of charge under section 18B of the Act and regulation 9 of the Retirement Villages (Records and Notices) Regulations 2025.
41A statement of the correctness of the information in the factsheet as at the date provided.
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ENDNOTES
[1] Reg. 4: S.R. No. 147/2015.
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