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New mandatory Code of Practice proposed for Victoria's retirement village sector: What operators need to know

Donna Rayner, Kathryn Elleman & Jessica Kinnear

Key points

  • The Victorian Government has released the proposed Retirement Villages Amendment Regulations 2026 (Amendment Regulations) and accompanying Regulatory Impact Statement (RIS) for consultation. Copies are available here.
  • If made, the Amendment Regulations will introduce a mandatory Code of Practice for retirement village operators commencing on 25 November 2026.
  • The proposed Code will require operators to implement and maintain a range of documented new policies, procedures, training programs and operational systems with penalties for non-compliance.
  • Consultation on the proposed changes close on 24 July 2026. Operators should review the proposed changes and consider making a submission before this date.

The next stage of the retirement villages reforms

The proposed Amendment Regulations are the next stage in Victoria's retirement villages reforms following the commencement of the Retirement Villages Amendment Act 2025 and the Retirement Villages Regulations 2026 on 1 May 2026. You can read our previous alerts about those changes here and how they impact operators here.

The proposed Amendment Regulations would introduce:

  • a mandatory Code of Practice for retirement village operators and proprietors;
  • a prescribed form of notice for a meeting for a special resolution to increase maintenance charges above the ‘adjusted maintenance charge’; and
  • prescribed safety actions to be taken by the operator to ensure the retirement village is reasonably safe.

Proposed mandatory Code of Practice

The key proposal in the Amendment Regulations is the introduction of a mandatory Code of Practice (Code).

Although significant reforms commenced on 1 May 2026, the RIS concludes that further regulation is required to address inconsistent practices across the sector and improve clarity around operator responsibilities and standards. If introduced, the proposed Code would require operators to implement documented policies, procedures and other operational systems, with penalties applying for non-compliance with many of the new requirements.

If introduced, operators will need to establish or review policies covering:

  • standards of conduct;
  • elder abuse prevention;
  • marketing and sales practices on resident exit;
  • renovation, refurbishment and reinstatement processes;
  • maintenance procedures;
  • dispute resolution;
  • staff training and professional development;
  • conflicts of interest;
  • emergency planning; and
  • privacy and information handling.

What should operators be doing now?

Operators should:

  • review the Amendment Regulations;
  • undertake a gap analysis of existing policies and procedures against the proposed Code;
  • identify any new policies or procedures that will need to be developed;
  • consider the operational, governance and training implications of the proposed reforms; and
  • consider making a submission here before 24 July 2026 on any provisions that may create uncertainty, implementation difficulties or unnecessary compliance burdens.

How we can help

We will continue to monitor the progress of the proposed Amendment Regulations and provide updates once the Regulations are finalised.

If you have any queries about the proposed reforms, please contact Donna Rayner, Kathryn Elleman and Jessica Kinnear from our Retirement Living team. 

If you would like to keep up to date with our retirement living Alerts, News and Insights you can subscribe to Retirement Living mailing list here.

This summary is intended as general information only and does not constitute legal advice. You should seek specific legal advice in relation to your individual circumstances.

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