Retirement Villages Regulation 2025 (NSW)
This regulation is the Retirement Villages Regulation 2025.
This regulation commences on 1 September 2025.
This regulation replaces the Retirement Villages Regulation 2017, which is repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).
In this regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
For the Act, section 4(1), definition of
(a) work to substantially improve an item of capital beyond its original condition,
(b) work to maintain or repair an item of capital if it would have been more cost-effective to replace the item.
For the Act, section 4(1), definition of
(a) fixtures,
Examples— bench tops, built-in cupboards and wardrobes, ducted air-conditioning, floor coverings, hot-water systems and stoves
(b) fittings,
Examples— light fittings, taps and sanitary fittings
(c) furnishings,
Examples— blinds, curtains and fly screens
(d) non-fixed items.
Examples— whitegoods, portable air conditioners, fans, tables and chairs
For the Act, section 4(1), definition of
In this section—
(a) for a retirement village subject to a community land scheme—the relevant community association, neighbourhood association or precinct association,
(b) for a retirement village subject to a strata scheme—the owners corporation,
(c) for a retirement village subject to a company title scheme—the company that owns the retirement village.
For the Act, section 4(1), definition of
(a) hairdressing,
(b) shopping assistance.
For the Act, section 4(1), definition of
Subsection (1) does not apply to a surviving partner if compliance with the terms of a deceased resident’s will requires, whether directly or indirectly, the surviving partner to vacate the residential premises.
The deceased resident’s will might provide, for example, for a bequest of a sum of money that the deceased resident’s estate may raise only by delivering vacant possession of the residential premises to the operator of the village so as to obtain a refund of the deceased resident’s ingoing contribution.
In this section—
(a) was the spouse or de facto partner of a resident of a retirement village immediately before the resident died or otherwise permanently vacated the premises, and
(b) occupied residential premises in the retirement village with the resident, and
(c) continues to occupy the premises.
For the Act, section 5(3)(i), a
For the Act, section 17(5A), the following representations about a retirement village are prescribed—
(a) a representation that a person is likely to make a capital gain when vacating the village,
(b) a representation about variations to future recurrent charges, unless the village contract provides that recurrent charges must be varied in accordance with a fixed formula,
(c) a representation about the future size of the village, except in relation to development where, at the time the representation is made—
(i) construction is underway, and
(ii) the completion date is known,
(d) a representation about the future ownership of the village, except if—
(i) a contract to transfer ownership of the village has been entered into, and
(ii) the representation is made by giving details of the contract,
(e) a representation that the village is an approved provider of residential care,
(f) a representation that the residents of the village have priority access to residential care by an approved provider.
In this section—
Schedule 9 includes rules about representations in promotional material.
A general inquiry document must—
(a) be in the form published in Government Gazette No 315 of 1 August 2025, and
(b) contain a copy of the village rules, and
(c) contain a copy of the document Moving into a retirement village? prepared by the Department and published on a website of the Department.
A disclosure statement must—
(a) be in the form published in Government Gazette No 315 of 1 August 2025, and
(b) include the average resident comparison figure (
ARCF ) for the premises, and(c) contain a copy of the village rules.
For this section, the ARCF is calculated in accordance with the following formula—
where—
If the ARCF requires the calculation of an amount for the future value of the premises or the entry payment payable by the next resident, the amount must be calculated by varying the outgoing resident’s entry payment in accordance with the average annual change in the March quarterly variation for the preceding 10 years of whichever of the following indices published by the Australian Bureau of Statistics is applicable to the location of the premises—
(a) Median Price of Established House Transfers (unstratified); Sydney index,
(b) Median Price of Established House Transfers (unstratified); Rest of NSW index,
(c) Median Price of Attached Dwelling Transfers (unstratified); Sydney index,
(d) Median Price of Attached Dwelling Transfers (unstratified); Rest of NSW index.
For the Act, section 20(1)(k), the following documents are prescribed—
(a) if the operator of the retirement village or the Residents Committee of the retirement village was a party in proceedings before a court or tribunal in the previous 5 years—a copy of the reasons for decision and the orders made at the conclusion of the proceedings,
(b) if the operator of the retirement village keeps a waiting list for the village and charges a waiting list fee—the operator’s policy setting out the way the waiting list operates,
(c) if the retirement village is subject to a company title scheme—
(i) the company’s constitution, and
(ii) the replaceable rules under the Corporations Act 2001 of the Commonwealth that apply to the company,
(d) if the retirement village is subject to a community land scheme—
(i) the management statement for the scheme, and
(ii) a management agreement for the village to which the relevant community association, neighbourhood association or precinct association is a party, and
(iii) the minutes of the most recent annual general meeting of the relevant community association, neighbourhood association or precinct association,
(e) if the retirement village is subject to a strata scheme—
(i) the by-laws for the scheme, and
(ii) a management agreement for the village to which the owners corporation is a party, and
(iii) the minutes of the most recent annual general meeting of the owners corporation,
(f) the documents listed under the heading “Village Contracts and Documents” in the disclosure statement for the retirement village against the item “other”,
(g) for each insurance policy required under the Act, section 100 for the retirement village—
(i) a certificate of currency, and
(ii) policy documents that state the nature of the risk insured against and the amount insured,
(h) the retirement village’s most recent safety inspection report,
(i) a list of the currently available residential premises in the retirement village, including the following details for each of the premises—
(i) the listed price of the premises,
(ii) the size of the premises in square metres,
(iii) the number of bedrooms in the premises,
(j) the most recent capital maintenance report for the retirement village.
The operator of a retirement village must make a copy of the most recent safety inspection report for the village available to a resident within 7 days after the resident requests a copy.
The standard form of village contract is the form set out in Schedule 1.
The standard form of village contract is prescribed for all village contracts other than the following—
(a) a contract under which a resident of a retirement village only obtains the right to use a garage, parking space or storage room in the village,
(b) a residence contract for premises subject to a community land scheme, company title scheme or strata scheme.
Note— A service contract relating to premises referred to in subsection (2)(b) must be in the standard form of village contract.
If a contract is required to be in the standard form of village contract, the operator of a retirement village must use the standard form.
Maximum penalty for subsection (3)—50 penalty units.
For the Act, section 69A(7)(a)(viii), the following information is prescribed—
(a) the rights of a resident under the Act, Part 10AA to the payment of the resident’s exit entitlement before the resident’s residential premises are sold,
(b) information about the cessation of the resident’s liability to pay recurrent charges under the Act, section 152(2)(e).
In this section—
The matters in Schedule 5 must be excluded from a village contract.
The operator of a retirement village must ensure that a condition report is completed in accordance with this section.
Maximum penalty—10 penalty units.
A condition report must be in the form set out in Schedule 2.
A condition report must be completed in the presence of the prospective resident or the prospective resident’s nominee, unless otherwise agreed to in writing by the prospective resident.
If a date required to be included in a condition report is not known, an approximate date must be given and identified as an approximate date.
The person completing a condition report must use due diligence to be satisfied that the report is accurate.
A prospective resident must be given not less than 14 days to consider a draft condition report and request changes to the report.
A finalised condition report must be signed by—
(a) the operator of the retirement village, and
(b) if the prospective resident agrees with the content of the report—the prospective resident or the prospective resident’s nominee.
A condition report must be finalised and given to a prospective resident, or the prospective resident’s nominee—
(a) if the premises are under construction—not less than 14 days before the prospective resident occupies the premises, or
(b) otherwise—not less than 14 days before the operator and the prospective resident enter into a village contract.
The maximum amount payable by a resident for legal and other expenses incurred by the operator in connection with the preparation of a village contract is $50.
The following are prescribed as matters that may be dealt with in village rules—
(a) security,
(b) the external appearance of residents’ premises,
(c) vehicle speed limits,
(d) restrictions on the use of communal areas, including smoking,
(e) the use of motorised mobility aids in communal areas.
The agenda for an annual management meeting must include items and time for the following matters—
(a) a report on variations between actual expenditure and budgeted expenditure in the previous financial year, other than minor variations,
(b) future plans for the village, including proposed improvements to buildings and other facilities in the village,
(c) the management of the village, including changes or proposed changes to management arrangements,
(d) safety issues, including—
(i) changes to the security system or contract for the village, and
(ii) changes to fire safety and other emergency management and prevention systems,
(e) the asset management plan for the village,
(f) changes to the proposed annual budget not requiring residents’ consent,
(g) proposed capital works not notified in the annual budget,
(h) proposed changes to the level of service provided to residents of the village,
(i) questions, including questions from the floor.
For the Act, section 72B(3)(b), the following are excluded matters—
(a) the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator,
(b) a matter that is unrelated to the operation of the village,
(c) the sale of individual units in the retirement village,
(d) contracts that are not publicly available,
(e) if the operator of a retirement village is an organisation subject to a registered APP code or the Australian Privacy Principles under the Privacy Act 1988 of the Commonwealth—a matter that would result in the operator breaching the code or the principles.
Subsection (1)(a) does not prevent an operator or a representative of the operator from answering a question about the operator’s solvency or financial viability.
The appointment of a proxy must be made in the form set out in Schedule 3.
For a meeting of residents, the appointment of a proxy is effective only if the properly completed appointment form is given to the chair of the meeting before the first vote is taken at the meeting.
In this part—
The following matters must be dealt with in the proposed annual budget for a retirement village—
(a) total proposed expenditure,
(b) the expected surplus or deficit,
(c) recurrent charges and the method used to calculate the charges,
(d) expected increases in recurrent charges, including—
(i) increases calculated in line with a fixed formula, and
(ii) increases arising under section 34,
(e) the total expected income from recurrent charges,
(f) the effect of an expected surplus or deficit on the village’s finances,
(g) for each category of expenditure—
(i) the proposed expenditure, and
(ii) the proposed expenditure indicated in the approved annual budget for the current year, and
(iii) the anticipated actual expenditure for the current year,
(h) if an item of proposed or actual expenditure is an apportionment relating to more than one retirement village or business—the method of apportionment,
(i) if one or more residents of the village are paying significantly higher recurrent charges than other residents, including because they receive optional services—the method of apportionment of the charges.
To avoid doubt, an operator must not, for subsection (1)(g), create a category of expenditure by grouping unrelated categories of expenditure together.
A proposed annual budget that includes costs associated with the operator’s head office, or other management and administration costs, must itemise—
(a) the goods and services to which the costs relate, and
(b) the approximate cost of each good or service, and
(c) if the operator operates more than one retirement village or business—the method used to apportion the costs between the villages or businesses.
Despite subsection (3)(a), an annual budget may provide a breakdown of the goods and services to which the costs relate instead of an itemised list, but only if the operator gives an undertaking that an itemised list will be provided within 10 business days of a request for the itemised list being made by a resident of the village.
This section applies to a retirement village operator who is required, under the Act, section 98, to include information about capital maintenance in a proposed annual budget.
An operator must include with the proposed annual budget a capital maintenance report that includes the following, using information from the asset management plan prepared under section 35—
(a) the dates proposed for the capital maintenance of each major item of capital during the budget year,
(b) the amount of money in the capital works fund,
(c) a summary of the capital maintenance of major items of capital proposed for the following 3 years, including a description of the type of maintenance proposed and the estimated cost of the maintenance,
(d) a list of the major items of capital—
(i) with 1 year or less of remaining effective life, or
(ii) for items other than buildings—for which the accumulated cost of maintenance is 90% or more of the item’s purchase price,
(e) for each major item of capital referred to in paragraph (d)—whether it is proposed to replace the item or continue to maintain the item.
The Act, section 4(1), definition of
The notice accompanying a proposed annual budget must state that—
(a) the operator must provide information reasonably requested by the Residents Committee or, if there is no Residents Committee, a resident about proposed expenditure within 10 business days after the information is requested, and
(b) the operator must not spend money received as recurrent charges unless provided for in the approved annual budget, except for—
(i) minor variations, and
(ii) other variations between items in the approved annual budget that do not reduce the level of services or increase total expenditure.
If recurrent charges have increased since the previous annual budget and the Act, section 106 applies to the increase, the notice accompanying a proposed annual budget must also state that—
(a) the Act, section 112 requires the operator of the village to give each resident a proposed annual budget not less than 60 days before the commencement of the financial year, and
(b) the Act, section 114 requires the residents to—
(i) meet, consider and vote on the proposed annual budget, and
(ii) advise the operator whether or not they consent to the proposed budget, and
(iii) if the residents do not consent—specify the items in the proposed budget to which they object, and
(c) unless the operator is advised of the residents’ consent to the proposed annual budget, the residents are taken to have refused consent.
If recurrent charges have not increased since the previous annual budget, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the recurrent charges have not been increased since the previous annual budget.
If recurrent charges have increased since the previous annual budget and the Act, section 106 does not apply because the increase is in accordance with a fixed formula in the village contract, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the increase in the recurrent charges is in accordance with the formula in the village contract.
If recurrent charges have increased since the previous annual budget and the Act, section 106 does not apply because the increase does not exceed the prescribed CPI variation, the notice accompanying a proposed annual budget must state that the residents are taken to have consented to the proposed budget as the increase in the recurrent charges is not more than the increase in the Consumer Price Index.
The maximum amount a proposed annual budget may allocate for contingencies is $1.
For the Act, section 105(2)(c), the following information is prescribed—
(a) the fixed formula set out in the contract,
(b) a demonstration, by an application of the formula, of the way in which the new recurrent charges have been calculated,
(c) the following statement at the beginning of the notice—
This is a notice of a variation of recurrent charges in accordance with a fixed formula. For more information about your rights and responsibilities under retirement village laws, contact NSW Fair Trading by visiting or calling 13 32 20.
For the Act, section 105A(4)(c), a notice must include the following statement at the beginning of the notice—
For the Act, section 106(2)(e), a notice must include the following statement at the beginning of the notice—
(a) exceeds the increase in the Consumer Price Index (CPI) since the recurrent charges were last increased, and (b) does not take effect until at least 60 days after the date of this notice, and (c) requires the consent of residents or an order of the Civil and Administrative Tribunal to take effect.
For the Act, section 107(6)(a), the prescribed period is 7 days after the information is first requested.
For the Act, section 107(6)(b), the following information is prescribed—
(a) information about the personal affairs of the operator, an employee of the operator or a contractor engaged by the operator,
(b) information that is unrelated to the operation of the village,
(c) information about the sale of individual units in the retirement village,
(d) information about contracts that is not publicly available,
(e) if the operator of a retirement village is an organisation subject to a registered APP code or the Australian Privacy Principles under the Privacy Act 1988 of the Commonwealth—information that would result in the operator breaching the code or the principles.
The following matters must not be financed by recurrent charges—
(a) fees for membership of industrial or professional associations by the operator or an employee or agent of the operator,
(b) fees for the operator’s membership of an industry association,
(c) overseas travel by the operator or an employee or agent of the operator,
(d) costs associated with marketing vacant premises in the retirement village, including the wages or salaries of persons involved in the marketing,
(e) payroll tax, unless—
(i) the wages paid by the operator for operating the retirement village to which the recurrent charges relate, including wages apportioned to the retirement village by the operator’s head office, are more than the threshold amount provided for in the Payroll Tax Act 2007, Schedule 1, clause 1, or
(ii) before 1 March 2010, the residents of the retirement village consented to financing payroll tax by recurrent charges and the consent has not been withdrawn,
(f) land tax,
(g) gifts or donations,
(h) costs associated with the operator’s head office, or other management and administration costs, unless the costs are associated with providing services to residents of the retirement village and are included in the annual budget in accordance with section 25(3),
(i) more than 50% of an increase, from the previous year, in the experience premium component of the insurance premium payable by the operator for insurance under the Workers Compensation Act 1987,
(j) if the retirement village is subject to a strata scheme—
(i) costs associated with carrying out works or maintenance required to be carried out by the owners corporation, unless the operator is engaged by the owners corporation to carry out the work, or
(ii) levies and other contributions payable by the operator of the retirement village under the Strata Schemes Management Act 2015 for the scheme, other than levies payable for premises occupied by a resident of the retirement village,
(k) if the retirement village is subject to a community land scheme—
(i) costs associated with carrying out works or maintenance required to be carried out by the community association, neighbourhood association or precinct association, unless the operator is engaged by the association to carry out the work, or
(ii) levies and other contributions payable by the operator of the retirement village under the Community Land Management Act 2021 for the scheme, other than levies payable for premises occupied by a resident of the retirement village.
For the Act, section 152(3), recurrent charges may be increased if—
(a) the increase is part of the approved annual budget for the financial year immediately following the financial year in which the former occupant’s liability ceased, and
(b) the approved annual budget specifies—
(i) the way the increase was calculated, including the total number of former occupants whose liability to pay recurrent charges ceased in the financial year, and
(ii) that the increase occurred in accordance with this section.
To avoid doubt, the Act, Part 7, Division 4 applies to an increase in the recurrent charges payable by residents of a retirement village under this section.
The operator of a retirement village must, every 10 years, prepare an asset management plan for the retirement village.
An asset management plan must include—
(a) for each major item of capital or group of major items of capital—the following information about capital maintenance financed from recurrent charges or the capital works fund over the period of the plan—
(i) the estimated cost of the maintenance,
(ii) the frequency of the maintenance or the planned dates of the maintenance, if known,
(iii) a description of the planned work, and
(b) for a major item of capital that is scheduled to be replaced—the estimated date of replacement, and
(c) for a shared major item of capital—an estimate of the share of the maintenance costs attributable to the use of the item by the village, and
(d) the asset register.
The operator of a retirement village must attach to the asset management plan for the village a report prepared by an independent qualified quantity surveyor attesting that the plan includes each matter specified in subsection (2).
An asset management plan must be regularly reviewed and updated, including by—
(a) recording the following after each instance of maintenance work—
(i) a description of the work,
(ii) the dates on which the work occurred,
(iii) the actual cost of the work,
(iv) the accumulated cost of maintenance work on the item of capital expressed in dollar terms and as a percentage of the purchase price,
(v) for a shared item of capital—the share of maintenance costs attributable to the use of the item by the village, and
(b) recording the following after each instance of repair work—
(i) a description of the work,
(ii) the dates on which the work occurred,
(iii) the actual cost of the work,
(iv) the accumulated cost of repair work on the item of capital expressed in dollar terms and as a percentage of the purchase price, and
(c) amending the plan for consistency with the operator’s capital maintenance report within 28 days after the annual budget for the village is approved.
For subsection (2), the operator of a retirement village may group major items of capital that—
(a) are similar, and
(b) have the same effective life and financial year of acquisition as each other.
In this section—
(a) is a member of the Australian Institute of Quantity Surveyors or the Royal Institution of Chartered Surveyors, and
(b) does not have a pecuniary or other interest that could be reasonably regarded as capable of affecting the person’s ability to assess the asset management plan of the retirement village in good faith.
This section applies if, during the currency of an asset management plan, the operator of the retirement village becomes aware the total cost of capital maintenance for all major items of capital, including shared major items of capital, is likely to increase by 25% or more above the cost estimated at the beginning of the plan.
The operator of the retirement village must, as soon as reasonably practicable after becoming aware of the likely increase in capital maintenance costs—
(a) revise the estimates of the capital maintenance costs in the plan, and
(b) notify each resident of the retirement village that a copy of the revised asset management plan may be inspected at all reasonable times at the village or at a place of business in New South Wales nominated by the operator in the notice, and
(c) attach to the revised plan a notice that contains the following—
(i) a list of the major items of capital and shared major items of capital for which the estimate of capital maintenance costs has increased,
(ii) the original and revised estimates of the capital maintenance costs for each item,
(iii) the reasons for the change in the estimates.
For the Act, section 20(1)(k), a revised asset management plan is prescribed.
For this section, an increase in the cost of capital maintenance must be calculated net of increases in the Consumer Price Index published in each relevant year of the asset management plan.
If the Consumer Price Index has risen by 2.5% each year for the first 5 years of the asset management plan, the cost of maintenance could rise by 36.5% (24% + 12.5%) before the plan must be revised under this section.
This section applies to the revised asset management plan in the same way as it applies to the asset management plan as originally prepared except that the total cost of capital maintenance for all major items of capital is taken to be estimated as at the date on which the plan was revised.
The operator of a retirement village must keep a register (an
An asset register must include the following details for each major item of capital—
(a) a brief description of the item,
(b) the purchase price,
(c) the date of purchase,
(d) the remaining effective life of the item,
(e) the asset ID number of the item,
(f) for a shared item of capital—the name of each other retirement village or aged care facility that uses the item.
An asset register must be regularly reviewed and updated, including by recording each new major item of capital within 21 days after purchase.
The remaining effective life of a major item of capital may be—
(a) estimated by the operator of the retirement village—
(i) having regard to the reasonable wear and tear expected to result from the circumstances of the use of the major item of capital, and
(ii) assuming that it will be maintained in reasonably good order and condition, and
(iii) having regard to the period within which it is likely to be scrapped, sold for no more than scrap value or abandoned, or
(b) determined as follows—
(i) for an item, other than a motor vehicle or trailer, for which there is a description in the Commonwealth Taxation Ruling, Schedule, Table A or Table B—the number of years specified in column 2 opposite the description that corresponds to the item,
(ii) for an item that is a motor vehicle or trailer for which there is a description in the Commonwealth Taxation Ruling, Schedule, Table B and a hash (#) symbol in column 3 opposite the item—the shorter period of—
(A) the number of years specified in column 2 opposite the item, or
(B) the number of years specified in the Income Tax Assessment Act 1997 of the Commonwealth, section 40-102(4), table, column 3.
When determining if there is a description in the Commonwealth Taxation Ruling, Schedule, Table A or Table B that corresponds to a major item of capital, the operator of a retirement village must follow the methodology set out in the ruling under the heading “How to use Tables A and B”.
The operator of a retirement village must keep information showing the way the remaining effective life of each major item of capital is calculated.
The operator of a retirement village who estimates the remaining effective life of a major item of capital in accordance with subsection (1)(a) must be able to demonstrate that the estimate is reasonable.
The operator of a retirement village must make the information kept under subsection (3) available to a resident within 7 days after the resident requests the information.
In this section—
For the Act, sections 24(4)(b), 43(8)(b), 180(4)(b) and (5)(b), 181(7)(b) and 182AK(3)(b), the prescribed rate of interest is the rate of interest prescribed under the Civil Procedure Act 2005, section 101.
For the Act, section 155(3), the prescribed maximum rate of interest is the rate of interest prescribed under the Civil Procedure Act 2005, section 101.
If the operator of a retirement village is a property trust or other corporation constituted by an Act, money in the capital works fund for the village may be held in a fund administered by the property trust or corporation.
The operator of a retirement village may use money from the capital works fund for a specific purpose if—
(a) by special resolution, the residents of the village have given consent to the money being used for the purpose, and
(b) the purpose is not a matter specified in the Act, section 97(3).
The Act, section 99(5)(a) and (b) set out other uses to which money in the capital works fund may be put.
This section applies only for the Act, section 99(5).
Capital maintenance does not include maintenance of a major item of capital if the item is not included in the asset register.
If a retirement village does not have a Residents Committee, a copy of the audited accounts for the village must be displayed on an official notice board for at least 1 calendar month commencing not later than 4 calendar months after the end of the relevant financial year.
The operator of a retirement village may carry forward the part of a deficit that is caused by—
(a) the maintenance, not the replacement, of an item of capital if the maintenance was to rectify a matter set out in the Act, section 92(2), or
(b) an increase in the cost of one or more of the following—
(i) utilities, other than telephone services,
(ii) statutory charges, including rates and taxes,
(iii) wages and salaries increased under an award or industrial agreement,
(iv) a workers compensation premium payable by the operator for insurance under the Workers Compensation Act 1987,
(v) public liability insurance.
Despite subsection (1)(b)(iv), an operator must not carry forward more than 50% of an increase in the experience premium component of the operator’s insurance premium under the Workers Compensation Act 1987.
For the Act, section 182AA, definition of
For the Act, section 182AB(9), definition of
(a) for a retirement village located in the Greater Sydney Region, the City of Newcastle local government area or the City of Wollongong local government area—6 months,
(b) otherwise—12 months.
For the Act, section 182AC(3), the Secretary must consider the following matters—
(a) whether the operator has taken reasonable steps to facilitate the sale of the premises and the time in which the steps were taken, including in relation to—
(i) the carrying out of an inspection of the premises, and
(ii) the refurbishment of the premises,
(b) if the operator is appointed by the former occupant as a selling agent of the premises under the Act, section 168—
(i) whether the operator complied with the operator’s requirements under that section within a reasonable time, and
(ii) whether the operator arranged for an inspection of the premises for the purposes of the sale of the premises within a reasonable time,
(c) whether the actions of the operator delayed access to the services of an Australian legal practitioner, licensed conveyancer or selling agent, as applicable, in relation to the sale of the premises,
(d) whether the operator complied with other requirements imposed by or under the Act or this regulation in relation to the sale of the premises within a reasonable time.
In this section—
For the Act, section 182AD(1)(f), the following information is prescribed—
(a) the period of time the former occupant occupied the residential premises,
(b) the ingoing contribution paid by the former occupant,
(c) the departure fee payable by the former occupant,
(d) the amount of capital gain the former occupant and the operator will each receive in relation to the premises, calculated on the basis of the agreed valuation of the former occupant’s exit entitlement,
(e) the amount of capital loss the former occupant and the operator are each responsible for, calculated on the basis of the agreed valuation of the former occupant’s exit entitlement.
The operator of a retirement village who makes an accommodation payment must keep the following records—
(a) the amount of each payment,
(b) the date each payment was made,
(c) details of the approved provider of the aged care facility to whom the payment is made,
(d) if the operator ceases to be required to make accommodation payments on behalf of a former occupant—
(i) the date on which the final accommodation payment was made, and
(ii) details of the notices given under the Act, section 182AG(4)(a) and (b), including the dates on which the notices were given.
The operator of a retirement village who makes an accommodation payment must give the former occupant a document with a summary of the payments—
(a) within 6 months after the first payment is made, and
(b) at least once every 6 months while the operator continues to make the payments.
An application to the Tribunal—
(a) if made under a provision of the Act specified in Schedule 6—must be made within the time limit specified for the provision in Schedule 6, or
(b) otherwise—may be made at any time.
The Tribunal may, under the Civil and Administrative Tribunal Act 2013, section 41, extend the period of time for making an application.
The Residents Committee of a retirement village may apply to the Tribunal for an order for which a resident may apply—
(a) on behalf of one or more residents of the village who request that the Committee make the application, or
(b) on behalf of the residents of the village.
An application under subsection (1)(b) must not be made—
(a) unless the consent of the residents is obtained by—
(i) the proposal being put to a meeting of the residents, and
(ii) the vote for the proposal being determined by a show of hands, or
(b) on behalf of a resident who gives written notice to the Residents Committee that the resident does not wish to be a party to the proceedings.
The Tribunal may order that the respondent to an application made by the operator of a retirement village is—
(a) one or more specified residents of the village, or
(b) all the residents of the village.
The Tribunal may make an order to vary, stay or set aside a previous order made under the Act by the Tribunal.
This section applies to an application—
(a) to which 2 or more residents of the village are parties, whether the application was made jointly by the residents or by the Residents Committee on behalf of the residents, or
(b) made by the operator of the village and to which 2 or more residents are the other parties.
The Tribunal may make an order of a kind referred to in the Act, section 128(1)(a)–(k1) that applies differently to different residents or groups of residents.
For the Act, section 122(2), a resident is the nominated representative for a dispute if—
(a) each other resident who is a party to the dispute signs a statement to the effect that the resident named in the statement is the signatory’s representative, and
(b) the nominated resident consents in writing to the nomination.
For the Act, section 197B(1)(a), the operator of a retirement village must give the information set out in Schedule 7 (
(a) when the village commences operation, and
(b) within 1 month after the end of each financial year.
Maximum penalty—
(a) for a corporation—100 penalty units, or
(b) otherwise—50 penalty units.
If the relevant village information for a village specified in Schedule 7 changes, the operator must give the Secretary the updated information within 21 days after the operator becomes aware of the change.
Maximum penalty—
(a) for a corporation—100 penalty units, or
(b) otherwise—50 penalty units.
The Secretary may publish relevant village information on a website of the Department.
The Secretary may exchange relevant village information with the Office of the Ageing and Disability Commissioner.
For the Act, section 41A(7)(b), the following are prescribed—
(a) making renovations to scheme premises, and
(b) adding, removing or altering fixtures and fittings in scheme premises.
In this section—
(a) a community land scheme,
(b) a company title scheme,
(c) a strata scheme.
For the Act, section 67(2)(g), the following circumstances are prescribed—
(a) the Secretary has made an exit entitlement order under the Act, section 182AC for the former occupant of the premises,
(b) entry is for facilitating the sale of the premises,
(c) if the former occupant is a remaining former occupant—the remaining former occupant has given written consent.
In this section—
(a) has, under the Act, section 182AB(4)(c), given the operator written notice that the former occupant does not intend to move out of the former occupant’s residential premises while the premises are for sale, and
(b) continues to occupy the premises on the date on which the operator proposes to enter the premises.
For the Act, section 44B(1)(d), the amount prescribed is the amount reasonably incurred by the operator of the retirement village in, at the resident’s request—
(a) making renovations to the residential premises, or
(b) adding, removing or altering fixtures or fittings in the residential premises.
For the Act, section 44B(4), the prescribed amount is $200.
For the Act, section 70A(1), a person may hold the same office on the Residents Committee of a retirement village for more than 3 consecutive years if—
(a) the person is the only person standing for election to the office, or
(b) the residents of the retirement village, by special resolution, consent to the person standing for election to the office.
In this section—
A termination notice must be in the form set out in Schedule 4.
A termination notice must be given within 28 days before the application is made to the Tribunal.
Subsection (2) does not apply to an application for a termination order under the Act, section 136.
For the Act, section 182A(1)(b), the prescribed amount is $10,000.
For the Act, section 201(1)(c), a notice may be given to a resident of a retirement village by—
(a) leaving the notice in a mailbox at the last known address of the resident, or
(b) delivering the notice to the residential premises occupied by the resident and leaving it there with a person who is apparently at least 16 years of age, or
(c) if the resident is a protected person—giving the notice to the NSW Trustee and Guardian, or
(d) if the resident has a guardian—giving the notice to the resident’s guardian, or
(e) if the resident is a protected person and has a guardian—giving the notice to both the NSW Trustee and Guardian and the resident’s guardian.
For the Act, section 201(2)(c), a notice may be given to the operator of a retirement village by—
(a) leaving the notice in a mailbox at the last known address of the operator, or
(b) giving the notice personally to an employee of the operator, or
(c) if a receiver, a receiver and manager or an administrator has been appointed to the operator—giving the notice to the receiver, the receiver and manager or the administrator.
Subsections (1)(a) and (b) and (2) do not apply to a termination notice.
In this section—
A village contract is exempt from the Act, section 152(2)(e) and Part 10AA if—
(a) the retirement village to which the contract applies is held in trust by a trustee, and
(b) the trustee holds each unit in the village in trust for the benefit of a resident.
A written ballot must be conducted in accordance with Schedule 8, Part 3.
The rules of conduct set out in Schedule 9 are prescribed.
For the Act, section 184(2)—
(a) each offence created by a provision specified in Schedule 10 is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) the limited kind of offence, or
(b) an offence committed in the limited circumstances.
An act, matter or thing that, immediately before the repeal of the Retirement Villages Regulation 2017, had effect under that regulation continues to have effect under this regulation.
section 15(1)
Name of Operator(s)—
[
Address for service of notices—
Postcode—
Name of Resident 1—
Name of Resident 2—
Address for service of notices—
Postcode—
Where there is more than one resident, they are joint tenants unless a tenancy in common is indicated in the additional terms or in a separate contract (if applicable).
[
Premises Number—
Title Details for Premises—
□ Folio ID—
□ Lease Folio ID—
□ Part of lot as set out in attached plan—
□ Shown in the plan memorandum registered no—
Title Details for Leasehold Village—
Trading Name of Village—
Address of Village—
Postcode—
[
[
[
□ Garage (Number ) □ Carport (Number ) □ Parking Space (Number)
□ Storage Area (Number)
□ Furniture—
□ Other—
□ Attached list/plan
Is there a separate agreement dealing with any of the above inclusions?—Yes—[
Is an additional fee payable for any of the above inclusions?—Yes/No
If yes, the fee payable is set out in the Financial Terms of this agreement.
[
Fixtures/Fittings/Furnishings/Other—
Date you received a copy of this contract—
Date this contract is entered into—
Agreed date that you may occupy your premises [
Date from which you must pay us recurrent charges—[
[
[
[
|
|
| Term [ |
Does your residence right arise under an assignable lease? Yes □/No □
□
If this box is ticked, title to the premises is proposed to be conveyed under a separate contract and nothing in this contract constitutes a warranty or representation by us that you will obtain title to the premises or any inclusions.
Additional terms may be added to the standard terms prescribed under the
This contract is subject to the provisions of the
Terms in
The additional terms may set out more detail about the
Are you required to pay an
You must pay an
□ Ingoing contribution
□ Purchase price
□ Assignment fee
[
Where an ingoing contribution is payable, it consists of the following components—
□ Loan $
□ Lease premium $
□ Prepaid rent $
□ Other $
The waiting list fee of $ and/or the holding deposit of $ which you have already paid will form part of this amount. [
When is the full
Can the
Is any of the
Is any interest payable if the
[
In addition to the
Parking Space $ | Garage $ |
Carport $ | Storage Area $ |
Furniture $ | Other $ |
Are you required to pay a deposit on signing this contract? Yes ($)/No
You must pay to us on entry the following legal and other expenses incurred in connection with the preparation of this contract—(maximum $50)
□ Contribution to our legal expenses incurred in preparing this contract $
□ Other expenses [
specify ]
You must pay the following charges to third parties—
□ Lease registration fee $
□ Other [
specify ]
[If “Contract subject to separate contract” box is ticked (
Additional fees may be payable under the separate contract you have entered into to acquire the premises (or, for company title, the shares which entitle you to occupy the premises).
You must pay to us recurrent charges as follows—
Current frequency of payment—□ Weekly □ Fortnightly □ Monthly □ Other—
Current rate of recurrent charges for your premises— $ per
This amount includes $ as recurrent charges for general services as well as recurrent charges for optional services as detailed in item F. [
You may also need to pay levies to the owners corporation (for strata schemes), community association (for community land schemes) or company (for company title). The amount of the levies for your premises as at the date of this contract is $ per
We may vary your recurrent charges as follows—
□ | □ |
Your recurrent charges will be varied in accordance with—
The first variation will be on— After the first variation, variations will occur every— The new amount of the recurrent charges will not take effect earlier than 14 days after we have given you notice of the new amount. | We may vary the amount of recurrent charges payable from time to time (no more than once in a 12-month period)—
|
Do your recurrent charges include optional services? (Optional services may include, for example, meals, laundry services and home cleaning.) Yes/No
If yes, at the time of entry, the amount of recurrent charges attributable to the provision of optional services is $ This amount may change in the future.
If you are entitled to a percentage of a capital gain, or are responsible for a percentage of a capital loss, this may form part of the termination payment calculated in accordance with item I.
Are you entitled to a percentage of any capital gain? | Yes (%)/No |
Are you responsible for a percentage of any capital loss? | Yes (%)/No |
□ |
Does a departure fee form part of the payment on termination of this contract? Yes [
If yes, this may form part of the termination payment calculated in accordance with item I. The departure fee is calculated on a daily basis (but does not accrue and is not payable on a daily basis). The box below shows you how your departure fee is calculated—
What is the departure fee % based on? □ the □ other (provide details)— | ||
Departure fee structure | ||
Time Years to (inclusive) Years to (inclusive) Years to (inclusive) | Percentage % per year % per year % per year | The maximum departure fee percentage you will pay is % if the period between the entry date and the date you |
□ |
[
We are not required to make any payments to you when your residence right is terminated. You are responsible for selling your premises and receiving the
However, if we are required to pay you any part of your exit entitlement in accordance with an exit entitlement order under the
(a) we must pay you the exit entitlement before your residence right is terminated or as otherwise provided by the exit entitlement order, and
(b) if you are required to pay us your share of any capital loss—we may set off and deduct your share of the capital loss from the exit entitlement we pay you before your residence right is terminated or as otherwise provided by the exit entitlement order.
The amount payable on termination is calculated as follows—
□ | After termination of this contract (refer to item J for specific detail about timing not otherwise addressed by this item)—
|
□ | Different payment on termination calculation [ Despite this item and item J, if we are required to pay you any part of your exit entitlement in accordance with an exit entitlement order under the
|
[Items J and M below are for
[
□ We must pay you the amount of your payment on termination of your residence right within 14 days after the date on which we receive full payment of the
new entry payment except where we are required to pay you earlier under theretirement village laws .□ Different timing for payment [delete or cross out if not applicable ] [insert full details if liability to make termination payment is to be made at a time that is earlier than that described above or in the retirement village laws ]
If more than one resident is a party to this contract, a payment will only be made after all residents have
You are responsible for obtaining the
If you move out of your premises, your liability to pay recurrent charges for optional services ceases from the date you move out. If you die, your liability ends from the date we are notified. However, you will be liable for services provided before that date.
□ Except as otherwise provided by the
retirement village laws , you must pay on and from the date youpermanently vacate your residential premises—(a) the full rate for general services until whichever of the following occurs first—
(i) a new resident enters into a contract with us to occupy the premises or moves into the premises,
(ii) a person takes up residence in the premises with the consent of the operator,
(iii) you
permanently vacate the premises after receiving notice of our intention to apply to theTribunal for an order terminating this contract,(iv) if we buy the premises from you—the contracts for the purchase are exchanged, or
(b) for
non-registered interest holders andregistered interest holders referred to in the Act, section 7(1)(c)—the full rate for general services until whichever of the following occurs first—(i) a circumstance referred to in paragraph (a)(i)–(iv) occurs,
(ii) 42 days immediately after the date on which you
permanently vacate the premises have passed.
□ Different provision [delete or cross out if not applicable ] [insert full details if the liability to pay recurrent charges is to cease at a time that is earlier than that described in the above provision ]
This provision does not affect any levies payable by you under a strata scheme, company title or a community land scheme [
If you appoint a person other than us or a person chosen by us as a selling agent, you must pay the selling agent’s commission (if any) in full.
All other costs of sale, including commission if you appoint us or our nominee as your agent, are to be shared between you and us in the same proportion as our respective capital gain percentage.
[Item N below is for
□ We must pay you the amount of your payment on termination of your residence right—
(a) within 14 days after the date on which we receive full payment of the
new entry payment , or(b) within 14 days after the date on which an incoming resident takes up residence in your premises with our consent, or
(c) within 6 months after the date you
permanently vacate your premises,
whichever occurs first, except where we are required to pay you earlier under the
retirement village laws .□ Different timing for payment [delete or cross out if not applicable ] [insert full details if liability to make termination payment is to be made at a time that is earlier than that described above or in the retirement village laws ]
If more than one resident is a party to this contract, a payment will only be made after all residents have
(a) Except as otherwise provided for in the additional terms—
(i) when the words “you” or “your” appear in this contract, it refers to the Resident and includes the Resident’s executors or administrators but only to the extent necessary to enable them to discharge their duties, and
(ii) where the Resident is more than one person, the words “you” or “your” apply jointly to the Residents and to each of them.
(b) When this contract uses the words “we”, “us” or “our”, it refers to the Operator and, where the context allows, its employees and agents. If there is more than one Operator, use of the word “we”, “us” or “our” does not of itself imply any relationship between any of those Operators, such as a partnership. The relationship of the Operators to each other, and certain rights and obligations between each of them and you, may be set out in the additional terms.
(c) Expressions which are not defined in this contract but which have a defined meaning in the
retirement village laws have the same meaning in this contract.(d) Headings are for convenience only and do not form part of this contract or affect its interpretation.
(e) Unless expressly stated otherwise in this contract—
(i) if a period of time is specified and dates from a given day or the day of an act or event, it is to be calculated exclusive of that day, and
(ii) if the last day of a period of time prescribed or allowed by this contract for the doing of any thing falls on a day which is not a
business day , the thing may be done on the firstbusiness day following that day.
(f) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(g) The meaning of any general language is not restricted by any accompanying example, and the words “includes”, “including”, “such as” and “for example” or similar words are not words of limitation.
(a) a Saturday or Sunday, or
(b) a public holiday or bank holiday.
(a) you (or a person on your behalf) delivers up vacant possession of your premises to us following your vacation of the premises,
(b) the executor or administrator of your estate delivers up vacant possession of your premises to us following your death,
(c) the
Tribunal makes an order declaring that your premises were abandoned by you (and you are taken to have permanently vacated your premises on the day specified in the order),(d) if you are a
registered interest holder —you die or move out of your premises,(e) if the residence right for your premises was obtained by another person for the purpose of allowing you to live at your premises, or by a corporation, and you live at your premises with the other person’s or the corporation’s consent—when you die or move out of the premises.
(a) is the registered proprietor of the premises, or
(b) is the owner of a lot in a strata scheme, or
(c) is the proprietor of a lot in a community land scheme, or
(d) is the owner of shares in a company title scheme for the premises, or
(e) has a
registered long-term lease that includes a provision that entitles the resident to at least 50% of any capital gain.
(a) the Retirement Villages Act 1999,
(b) the Retirement Villages Regulation 2025.
(a) 90 days after the date on which you are entitled to occupy your premises under this contract (or other relevant contract which is a residence contract for the purposes of the
retirement village laws ),(b) if you occupy the premises before you are entitled to do so under the contract described in paragraph (a)—90 days after you first occupy your premises,
(c) another date that we may agree with you in writing.
(a) the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics most recently before the recurrent charges were last varied or, if the recurrent charges have never been varied, as published 12 months prior to paragraph (b), and
(b) the Consumer Price Index (All Groups Index) for Sydney as published by the Australian Bureau of Statistics most recently before the written notice of the proposed variation is given.
Before midnight on the seventh
If you rescind this contract during the cooling-off period, then this contract becomes void and we must repay you all money that has been paid to us under this contract by you as soon as is reasonably practicable (and no later than 1 month) after you give us the
[
You may terminate this contract during the
You may terminate this contract during the
(a) permanently vacating your premises, or(b) giving us written notice during the
settling-in period that you want to terminate this contract for any reason.
If you terminate this contract during the
(a) the fair market rent, but only if you have occupied your premises,
(b) the reasonable costs incurred by us in adding, removing or altering any fixtures or fittings, or making any renovations to your premises at your request, but only if you have occupied your premises,
(c) an administration fee of not more than $200,
(d) the cost of any repairs for damage to your premises in excess of fair wear and tear.
[
If you terminate the contract within the
If you terminate the contract within the
[
We must pay you the amount you are entitled to under clause 3.3 within 14 days after you terminate this contract or within such time as the
We must pay you the amount you are entitled to under clause 3.3 within 14 days after the date on which we receive full payment of the
If any term of this contract (other than those which have been prescribed in the
If the information in the disclosure statement is false or misleading in a material particular, you may apply to the
We must provide you with a particular service or facility which we are required to provide to the residents for the life of the village in accordance with the terms of our development consent (
Other than the
A list of optional services is included in the list of services and facilities annexed to this contract. Unless Item F in the Financial Terms section indicates that recurrent charges include optional services, payment for these services and facilities is on a user-pays basis.
[
(a) You may add, remove or alter any fixtures and fittings, or renovate your premises, but only with our prior written approval, which we will not unreasonably refuse. We may include reasonable conditions in our consent. If we do not consent to your proposal, you may apply to the
Tribunal to seek an order allowing you to proceed with your proposal.(b) Despite paragraph (a), our consent is not required to remove or alter any fixtures or fittings that were added by you unless the removal or alteration of the fixtures or fittings is likely to cause significant damage to the premises.
You may add, remove or alter any fixtures and fittings, or renovate your premises, provided that you obtain any other necessary consent required from any authority such as the local council or the owners corporation (for strata schemes), company (for company title) or community association (for community land schemes).
(b) fold the completed ballot paper so the vote cannot be seen, and
(c) place the ballot paper in the ballot box.
The returning officer must count the votes cast on a matter and determine the result as soon as practicable after the vote is taken.
The returning officer’s decision is final.
Immediately after determining the result of a vote, the returning officer must announce the result and prepare a written report of the result.
Copies of the returning officer’s report must be given to the Residents Committee and placed on an official notice board.
section 69
In this schedule—
These rules of conduct—
(a) set out the standards of conduct and behaviour that are expected of retirement village operators and their staff and agents, and
(b) require operators and their staff and agents to have knowledge of relevant laws, and
(c) require residents and prospective residents to be treated with respect, dignity and fairness, and
(d) require operators to implement strategies to improve awareness of, and address, elder abuse, and
(e) promote fair, honest, transparent and ethical practices for the marketing and promotion of residential premises in retirement villages, and
(f) establish minimum standards for the handling of complaints and the resolution of disputes in retirement villages, and
(g) set minimum training and competency standards for operators and their staff and agents, and
(h) require operators to ensure there is effective oversight and supervision of staff.
The operator of a retirement village, and each person involved in the management of the village, must have a thorough knowledge and understanding of—
(a) the Act, and
(b) this regulation, and
(c) relevant provisions of the following laws necessary to enable the operator to exercise the operator’s functions lawfully—
(i) the Strata Schemes Management Act 2015 and the regulations under that Act,
(ii) the Corporations Act 2001 of the Commonwealth and the regulations under that Act,
(iii) the Work Health and Safety Act 2011 and the regulations under that Act,
(iv) the Australian Consumer Law (NSW),
Note— See the Fair Trading Act 1987, Part 3.
(v) if residential tenancy agreements are in force at the retirement village or are available to prospective residents—the Residential Tenancies Act 2010 and the regulations under that Act,
(vi) other laws relevant to the management or operation of a retirement village, including laws relating to fair trading, trade practices, anti-discrimination and privacy.
The operator of a retirement village must, in undertaking the operator’s functions, have regard to the best interests of all residents of the village as far as is practicable or appropriate.
When dealing with a prospective resident, the operator must, in undertaking the operator’s functions, have regard to the best interests of the prospective resident.
In determining what is in the best interests of all residents, or of a prospective resident, the operator must have regard to the following matters—
(a) the age and health of residents or the prospective resident,
(b) the views expressed by residents or the prospective resident,
(c) requests made by residents or the prospective resident,
(d) the impact a decision or action may have on the health, finances and wellbeing of residents or the prospective resident,
(e) past complaints, issues or concerns raised by residents.
The operator of a retirement village must exercise reasonable skill, care and diligence when undertaking the operator’s functions.
The operator of a retirement village must act honestly, fairly and professionally with all parties to negotiations, transactions and other dealings relating to a resident or prospective resident.
The operator of a retirement village must not misinform or otherwise mislead or deceive a party to negotiations, transactions or other dealings relating to a resident or prospective resident.
The operator of a retirement village must not engage in high-pressure tactics, harassment or harsh or unconscionable conduct in negotiations, transactions or other dealings relating to a resident or prospective resident.
In this section—
(a) the resident or prospective resident,
(b) the relatives of the resident or prospective resident,
(c) another person acting on behalf of the resident or prospective resident, including members of the Residents Committee of the retirement village.
The operator of a retirement village must not use or disclose confidential information about an interested person that was obtained in connection with the management or operation of the village, unless—
(a) the interested person provides written authorisation for the disclosure of the information, or
(b) the operator is permitted or compelled by law to disclose the information, or
(c) the interested person was informed of the intended use of the information before providing the information.
The operator of a retirement village must ensure that members of the operator’s staff—
(a) treat all information received in connection with the management of the village in a professional manner, and
(b) do not disclose or seek to disclose information received in connection with the management of the village unless required for the management of the village.
In this section—
(a) a resident or prospective resident,
(b) a relative of a resident or prospective resident,
(c) another person acting on behalf of a resident or prospective resident.
The operator of a retirement village must prepare and give effect to a strategy (an
(a) examples of common forms of elder abuse as well as specific examples in relation to retirement villages,
(b) information on how to identify elder abuse, including signs of elder abuse, and how to prevent elder abuse,
(c) information on ways to respond to elder abuse or concerns about suspected elder abuse, including procedures and timeframes for reporting abuse and escalating matters to appropriate organisations and authorities,
(d) an explanation of the roles and responsibilities of the operator and the operator’s staff in relation to elder abuse in the retirement village,
(e) guidance on accessing the services and resources of appropriate NSW Government agencies and helplines and other relevant local services and support agencies.
Example of helpline— the Ageing and Disability Abuse Helpline
The operator of a retirement village must—
(a) ensure that all members of the operator’s staff are familiar with and trained to apply the operator’s elder abuse prevention strategy, and
(b) ensure that a copy of the elder abuse prevention strategy is posted on an official notice board, and
(c) review the elder abuse prevention strategy at least every 2 years.
This section is an offence provision.
This section applies in circumstances where the operator of a retirement village is able to confirm that an external selling agent has been engaged by a resident of the retirement village to sell residential premises of which the resident is the registered interest holder.
The operator of a retirement village must, at the agent’s request, provide the agent with the information and assistance reasonably necessary to facilitate the sale of the residential premises, including the following—
(a) a copy of the general inquiry document and the disclosure statement required by the Act, section 18,
(b) access to copies of the documents required to be made available to prospective residents under the Act, section 20,
(c) information about the type of contract or contracts the operator may offer to a prospective purchaser of the residential premises,
(d) free and unrestricted access to the residential premises and the common areas of the retirement village during the operator’s business hours, or as otherwise agreed with the operator, for inspection of the residential premises by prospective purchasers,
(e) access reasonably required to take photographs of the common areas of the retirement village.
Information and assistance required by this section must be provided to the agent within 5 business days of a written request being received by the retirement village operator.
This section is an offence provision.
The operator of a retirement village must not make a representation that is false or misleading in a material particular—
(a) in promotional material for the village, or
(b) in relation to the marketing of the village or a particular unit within the village.
Subsection (1) does not apply to a representation to which the Act, section 197A applies.
The Act, section 197A prohibits an operator from providing to residents information that the operator knows to be false or misleading in a material particular for the purported purpose of complying with requirements under the Act.
This section is an offence provision.
The operator of a retirement village must not make a representation to a prospective resident that the prospective resident will acquire ownership of a unit in the village.
Subsection (1) does not apply if the operator intends to enter into a contract with the prospective resident following the purchase of a strata-titled, community-titled or company-titled unit in the retirement village.
This section applies to written promotional material about a retirement village that contains 200 words or more.
The operator of the retirement village must ensure that promotional material published or distributed by or on behalf of the operator contains the statements required by this section written in a size, style and format, and located in a position, that makes the statements clearly visible.
If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident, the following statement must be included in the promotional material—
If the operator requires or intends to require a prospective resident to share a percentage of a capital gain, the following statement must be included in the promotional material—
This section is an offence provision.
This section applies to written promotional material about a particular unit within a retirement village that contains 100 words or more.
The operator of the retirement village must ensure that residence-specific promotional material published or distributed by or on behalf of the operator contains the statements required by this section written in a size, style and format, and located in a position, that makes the statements clearly visible.
If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident, the following statement must be included in the promotional material—
If the operator requires or intends to require the payment of a departure fee in a village contract with a prospective resident of an amount to be calculated on the selling price of the resident’s unit, and this amount will impact the capital gain received when leaving the village, the following statement must be included in the promotional material—
If the operator requires or intends to require a prospective resident to share a percentage of a capital gain, the following statement must be included in the promotional material—
This section is an offence provision.
The operator of a retirement village must not perform a function connected to the management or operation of the retirement village if—
(a) the operator has a private interest in the function, and
(b) the private interest may, or does, come into conflict with and affect the ability of the operator to carry out the operator’s role impartially and in the interests of residents.
The operator of a retirement village must ensure that a member of the operator’s staff does not act in a function connected to the management or operation of the retirement village if—
(a) the staff member has a private interest in the function, and
(b) the private interest may, or does, come into conflict with and affect the ability of the staff member to carry out the person’s role impartially and in the interests of residents.
Without limiting this section, a person has a
As soon as practicable after the operator of a retirement village becomes aware of a conflict of interest of a type referred to in section 14, whether the conflict of interest is held by the operator or a member of the operator’s staff, the operator must give written notice of the conflict of interest to each resident of the village.
As soon as practicable after becoming aware of a conflict of interest that has not been disclosed in accordance with subsection (1), the operator of the retirement village must—
(a) give all residents written notice of the following—
(i) the conflict of interest and the function connected with the management or operation of the retirement village to which the conflict of interest relates,
(ii) the reasons why the conflict of interest was not disclosed, if known,
(iii) an outline of the action that will be taken by the operator as a result of becoming aware of the conflict of interest, and
(b) review all relevant internal policies and procedures to ensure that future conflicts of interest are properly disclosed, and ensure all staff are made aware of the policies and procedures.
If a conflict of interest of a type referred to in section 14 arises, the operator of a retirement village must manage and resolve the conflict of interest.
Depending on the nature of the conflict of interest, management and resolution of a conflict of interest may include the following—
(a) restricting the involvement of a staff member in the matter,
(b) engaging an independent party to oversee the matter,
(c) relinquishing, or requiring a staff member to relinquish, the personal interest causing the conflict.
The operator of a retirement village must not carry out a function in connection with the management or operation of the village if—
(a) the operator has a conflict of interest, and
(b) the conflict of interest has not been disclosed in accordance with section 15.
The operator of a retirement village must ensure that a member of the operator’s staff does not carry out a function in connection with the management or operation of the village if—
(a) the staff member has a conflict of interest, and
(b) the conflict of interest has not been disclosed in accordance with section 15.
This section is an offence provision.
The operator of a retirement village must keep records of the following information relating to each conflict of interest of the operator and members of the operator’s staff—
(a) the name, contact details and title of the person with the conflict of interest,
(b) the nature of the private interest giving rise to the conflict of interest,
(c) the function connected with the management or operation of the retirement village to which the conflict of interest relates and the date on which the function was carried out,
(d) the date the conflict of interest was disclosed to residents,
(e) details of measures implemented to address the effects of the conflict of interest.
Records must be kept for—
(a) for a conflict of interest of the operator—5 years after the operator ceases to be the operator of the retirement village, or
(b) for a conflict of interest of a member of the operator’s staff—5 years after the person ceases to be a member of the operator’s staff.
The operator of a retirement village must give a resident or prospective resident of the village access to records kept under this section within 5 business days after receiving a request for access to the records.
This section is an offence provision.
The operator of a retirement village must promote a village culture that—
(a) encourages residents to raise concerns, and
(b) supports the effective resolution of complaints.
The operator of a retirement village must not take action to discourage a resident or a person acting on behalf of a resident, including members of the Residents Committee, from making a complaint or pursuing an internal dispute.
Examples of action that must not be taken include the following—
(a) imposing a fee or charge for making a complaint or pursuing an internal dispute,
(b) providing a reward, rebate, incentive or other benefit if the resident does not make a complaint or pursue an internal dispute,
(c) not allowing a person acting on behalf of a resident to make a complaint or pursue an internal dispute,
(d) employing high-pressure tactics, harassing or intimidating the resident or undertaking another form of harsh or unconscionable conduct,
(e) taking detrimental action against the resident as a result of a complaint being made or an internal dispute being pursued.
This section is an offence provision.
The operator of a retirement village must not prevent a resident who has made, or is considering making, a complaint from seeking assistance, support or representation from the Residents Committee.
The operator of a retirement village must not prevent a resident who is pursuing, or considering pursuing, an internal dispute from seeking assistance, support or representation from the Residents Committee.
To avoid doubt, nothing in this section requires a resident to involve the Residents Committee or another resident in the resolution of a complaint or an internal dispute.
The operator of a retirement village must, in accordance with this part, prepare and maintain a complaint resolution process and an internal dispute resolution process for the village that are—
(a) written in plain English, taking into consideration the age-specific needs of current and prospective residents of the retirement village, and
(b) made publicly available on the operator’s website and posted on an official notice board, and
(c) given free of charge to all residents—
(i) if a resident agrees—electronically, or
(ii) otherwise—in hard copy form.
Both the complaint resolution process and the internal dispute resolution process must provide that complaints and internal disputes will be—
(a) acknowledged within 5 business days after being made, and
(b) managed, including by providing, where possible, an expected resolution date, within 60 days after being made.
This section is an offence provision.
A complaint resolution process must address—
(a) the types of complaints covered and not covered by the process, and
(b) the resolution options available for each type of complaint covered by the process.
An internal dispute resolution process must address—
(a) the types of internal disputes covered and not covered by the process, and
(b) the resolution options available for each type of internal dispute covered by the process.
Complaint and internal dispute resolution processes must also—
(a) clearly explain the process, including the roles and contact details of relevant staff, and
(b) include a clear and understandable visual representation of the process, and
(c) outline the roles and responsibilities of relevant staff in receiving, reviewing, responding to and resolving matters under the process, and
(d) outline the steps involved in each stage of dealing with matters under the process, and
(e) outline the expected actions that are generally involved at each stage of dealing with matters under the process, and
(f) include information on the management and escalation of matters, whether or not covered by the process, through levels of village management and to external organisations or authorities, for example, third-party investigation, NSW Fair Trading or the Tribunal, and
(g) include measures to ensure the privacy of residents is maintained, and
(h) include measures for the review of organisational processes arising from the analysis of data about matters under the process, and
(i) include measures for the continual monitoring of the process.
The operator of a retirement village must review the complaint resolution process and the internal dispute resolution process at least every 2 years.
The operator of a retirement village must keep a record of the following information about complaints and internal disputes that have been raised in the village—
(a) details of each complaint or internal dispute, including the name and contact details of each resident concerned, and the date the complaint or dispute was raised,
(b) details of action taken in response to each complaint or internal dispute, including the names and contact details of the staff involved in handling the complaint or internal dispute, and the date the action was taken,
(c) whether the complaint or internal dispute was resolved, withdrawn, referred to another agency or organisation or escalated within the village management, or if another outcome was achieved,
(d) the number of complaints and internal disputes handled each calendar year.
Records must be kept for at least 5 years.
This section is an offence provision.
An operator must prepare and implement written policies and procedures for the selection, training and ongoing supervision of the operator’s staff in accordance with this part.
This section is an offence provision.
Policies and procedures under this part must include the following information for each role in which staff are employed or otherwise engaged—
(a) key responsibilities,
(b) qualifications or experience required,
(c) performance standards for the role, how performance will be assessed and managed and how underperformance will be handled,
(d) guidance and information on relevant matters reasonably required to allow a person to carry out the functions of the role effectively, professionally and in the best interests of residents and prospective residents.
When determining the guidance to be provided under subsection (1)(d), the operator of a retirement village must consider the following—
(a) the amount of time the holder of the role will spend engaging with residents, including the frequency and purpose of the engagement,
(b) whether the role involves handling disputes,
(c) the emergency response and evacuation responsibilities of the role,
(d) whether the role involves meeting with residents or prospective residents on behalf of the operator to explain a resident’s current village contract information as provided by the Act, section 69A,
(e) whether knowledge of first aid is required to carry out the role,
(f) whether the role involves control of or responsibility for the finances of the village,
(g) the expectations of residents or prospective residents in relation to standards of behaviour, service and conduct,
(h) the recruitment, assessment and hiring methods for the role,
(i) whether third-party checks or verifications are required for the role, for example, a criminal records check,
(j) other matters the operator considers relevant.
The operator of a retirement village must ensure that all relevant staff—
(a) are aware of the village’s policies and procedures for managing complaints and internal disputes and their responsibilities under those policies and procedures, and
(b) know how to deal with unreasonable conduct by people making complaints or raising internal disputes, and
(c) receive ongoing training in the effective handling of complaints or disputes under the village’s policies and procedures, and
(d) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing complaints or resolving internal disputes, and
(e) are alert to identifying complaints or internal disputes and are aware of where or to whom they can refer a complaint or an internal dispute that they are unable to respond to directly.
The operator of a retirement village must ensure that the members of the operator’s staff who have responsibilities under the village’s internal dispute resolution process—
(a) are aware of their responsibilities for resolving disputes under the internal dispute resolution process, and
(b) receive ongoing training in handling disputes, and
(c) have clear delegations of authority and guidance about their discretion to respond to issues raised with them in the course of managing an internal dispute, and
(d) know how to deal with unreasonable conduct by people raising internal disputes.
The operator of a retirement village must keep a written record of the training and professional development provided to members of the operator’s staff to ensure they are familiar with and able to comply with—
(a) their responsibilities as staff members, and
(b) the policies, procedures and processes required by these rules of conduct.
Records must be kept for at least 5 years.
This section is an offence provision.
The operator of a retirement village must oversee and manage the operator’s staff members, or have a structure in place for oversight and management of staff members, to ensure compliance with relevant policies, procedures or processes required by these rules of conduct.
An operator must review the structures in place for monitoring staff compliance at least every 2 years.
section 70
Provision | Penalty |
Section 17(5A) | $1,100 |
Section 18(3) | $440 |
Section 18(4) | $220 |
Section 18(5) | $2,200 |
Section 19(2) | $220 |
Section 20(1) or (3) | $550 |
Section 21(1) | $1,100 |
Section 24A(1) | $2,200 |
Section 27 | $2,200 |
Section 29(1A) | $2,200 |
Section 39(1) or (2) | $1,100 |
Section 39(3) | $550 |
Section 58A(2A)— | |
| $2,200 |
| $1,100 |
Section 58B(1)— | |
| $2,200 |
| $1,100 |
Section 59A | $440 |
Section 69A(1) or (5)— | |
| $550 |
| $220 |
Section 69A(12)— | |
| $2,200 |
| $1,100 |
Section 72A(1) or (4) | $440 |
Section 83C, in relation to a contravention of a section of this regulation, Schedule 9 that is an offence provision— | |
| $2,200 |
| $1,100 |
Section 99(5) | $2,200 |
Section 101(1) | $440 |
Section 101A(1)— | |
| $2,200 |
| $1,100 |
Section 106A | $1,100 |
Section 110(1) or (2) | $110 |
Section 112(1) | $2,200 |
Section 118A— | |
| $2,200 |
| $1,100 |
Section 118E(1) | $440 |
Section 119(1) | $1,100 |
Section 165(1) | $220 |
Section 180(2)— | |
| $2,200 |
| $1,100 |
Section 180(3) | $220 |
Section 181(2) | $1,100 |
Section 181(4) | $220 |
Section 182AC(7)— | |
| $2,200 |
| $1,100 |
Section 182AE(3)— | |
| $2,200 |
| $1,100 |
Section 182AG(6)— | |
| $2,200 |
| $1,100 |
Section 182C(1) | $2,200 |
Section 197 | $1,100 |
Section 57(1) or (2)— | |
| $2,200 |
| $1,100 |
Retirement Villages Regulation 2025 (436). LW 22.8.2025. Date of commencement: not in force.
0
0
0