Retirement villages code and regulations review

The Consumer Protection Division of the Department of Commerce (the Department) sought the views of the community as part of a review of laws that regulate retirement villages in Western Australia.

  • Status: Closed

All those interested in this area were urged to read the consultation paper and put in a submission by the closing date so their views were heard.

There were two parts to this consultation:

  1. The revised code: Fair Trading (Retirement Villages Code) Regulations 2014 - a proposed new code of practice that will replace the current Fair Trading (Interim Code) Regulations 2014; and

  2. 14A regulations: Retirement Villages Amendment Regulations 2014 which will amend the Retirement Villages Regulations 1992 (RV Regulations).

Background

Most of the proposed amendments to the revised code and 14A regulations implement recommendations or address issues raised in the final report of the Statutory Review of Retirement Villages Legislation.

A small number of amendments address concerns raised by the Parliament when the Retirement Villages Amendment Act 2012 was being considered and by the Parliamentary Joint Standing Committee on Delegated Legislation after the Interim Code was tabled in the Parliament. The amendments also seek to address concerns raised by residents and their personal representatives through the Department’s Seniors’ Housing Centre

The Consultation Process

The consultation process is being managed by the Department and, in relation to the revised code, accords with sections 44, 45, and 46 of the Fair Trading Act 2010.

In focussing on the proposed legislation the Department is interested in receiving input on whether any particular provisions of the revised code or s14A regulations should:

  • apply only to residence contracts entered into on or after 1 April 2014 (being the date on which the Retirement Villages (Amendment) Act 2012 commenced);
  • apply only to residence contracts entered into on or after the commencement of the revised code and 14A regulations;
  • apply to both new and existing residence contracts, but only in relation to events that occur after the commencement of the revised code and 14A regulations;
  • apply only to some types of retirement villages (e.g. lease/licence);
  • have a deferred implementation date (e.g. provisions relating to budgets or financial reporting).   

Please note when preparing your submission it may be subject to freedom of information requests, which result in information being publicly available in the future.  Individual submissions may be quoted in future publications because submissions form part of the public consultation process on the revised code and 14A regulations.

Distribution to key stakeholders

The Property Council of Australia and Aged and Community Services WA are the two industry bodies that represent the retirement villages industry in Western Australia and will be sent electronic copies of the draft revised code, 14A Regulations and associated information for distribution to members. The West Australian Retirement Villages Residents’ Association will also be sent a copy of the draft revised code, 14A Regulations and associated information for distribution to residents. Submissions can therefore be made through one of these bodies or separately. 

Downloads and resources

The following information may help with your understanding of the revised code and regulations:

Copies of the current legislation is available from the State Law Publishers website: 

Submissions

Submissions are now closed. 

The proposed amendments have already been the subject of a considerable amount of consultation with industry and resident stakeholders. As such the timeframe for submissions has been set to try and enable the drafting and legislative process to be finalised before the end of September 2014 when the Interim Code expires. This will ensure the remaining reforms in the Retirement Villages Amendment Act 2012 can be implemented from 1 October 2014.

Closing date

Responses were to be submitted by Monday 28 July 2014.

Enquiries

Enquiries can be made by calling Consumer Protection's Advice Line on 1300 30 40 54 or by email.

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