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New retirement village regulations commenced over the weekend in Victoria

The Retirement Villages (Records and Notices) Regulations 2015 (Victoria) (“2015 Regulations”) commenced on Saturday 12 December 2015.

The 2015 Regulations revoke the following regulations:

  • the Retirement Villages (Records and Notices) Regulations 2005 (Victoria);
  • the Retirement Villages (Records and Notices) (Amendment) Regulations 2006 (Victoria); and
  • the Retirement Villages Amendment (Records and Notices) Regulations 2013 (Victoria).

The 2015 Regulations remain the same in substance as the regulations they revoked, except for the following changes:

  • the village information that a village operator must provide to the Director of Consumer Affairs has been simplified; and
  • a retirement village notice can now also be signed by a licensed conveyancer.

Pursuant to section 38J(2) of the Retirement Villages Act 1986 (Victoria) (“Act”), a village operator is now only required to notify the Director of Consumer Affairs of:

  • the name of the retirement village;
  • the village’s physical address;
  • the village’s postal address; and
  • particulars of any order for an exemption under section 6 of the Act, that applies to the village. 

The previous requirements to notify the Director of Consumer Affairs of details such as the village’s occupancy rate, residence arrangements, number of residents in the village and resident meetings no longer apply.  This will ease an administrative burden for village operators, particularly in terms of updating changes to information on the village register throughout the early stages of a village’s operation. 

Consumer Affairs Victoria has now published an updated retirement village register notification form to reflect the 2015 Regulations.

Village operators should update references in their village documentation to refer to the new 2015 Regulations.

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