Month: October 2022

Fundamental changes across all stages of the resident’s journey through a village are proposed in the exposure draft of Victoria State Government’s Retirement Villages Amendment Bill 2022.

You only have until 28 October to comment.

Rosemary Southgate (pictured below), principal of Russell Kennedy Lawyers, wrote the 13 most significant changes to Victoria’s Retirement Villages Amendment Bill 2022 are:

1. the Disclosure Statement and Factsheet to be replaced by one disclosure document called an Information Statement, which must be available on the operator’s website;

2. a proposed settling in period;

3. restrictions upon the use of the village operating surplus and operating deficit;

4. restrictions upon increasing maintenance charges, if an increase is greater than CPI, to require a special resolution of residents to be passed at a resident meeting;

5. liability for payment of maintenance charges for owner and non-owner residents will cease upon vacant possession;

6. annual contract check-ups to be provided to all residents at no charge – initially in writing, but also with a meeting if requested by the resident;

7. the Deferred Management Fee to only be calculated as a percentage of the ingoing contribution paid by the resident;

8. restrictions on sharing any capital gain and capital loss with the resident – they must be shared in the same proportion; as well as new definitions of what comprises a capital gain and capital loss;

9. if maintenance charges are used for repairs and maintenance, an obligation to establish a separate capital maintenance fund which must only be used for repairs and maintenance and must not be used for replacements;

10. requirement for a condition report for the premises to be prepared prior to the resident’s entry into occupation, to be used as a reference point for the resident’s reinstatement obligations upon vacant possession;

11. restrictions upon a resident’s obligations to repair, reinstate or refurbish the premises upon departure – the resident is not responsible for fair wear and tear, the resident is responsible for reinstatement but is not responsible for renovation or upgrade works;

12. expansion of the aged care payment rule to include an obligation to pay alternative accommodation payments for the care of residents who move from the village to other accommodation which is not a residential care facility; and

13. requirement for an exit payment to be made within 12 months of vacant possession for owner and non-owner residents, with no carve-outs or exceptions other than by way of an application to VCAT by the operator on the grounds that they may be unable to pay the exit payment.

The exposure draft, released on 8 October, allows for an initial consultation period until 28 October, when the Victoria State Government goes into caretaker mode before the election on 26 November when Victoria Labor Party’s Daniel Andrews is seeking a third term in office.

“The feedback we receive will be vital to make sure those living in retirement villages are informed and supported to feel at home in their village,” said Minister for Consumer Affairs, Gaming and Liquor Regulation Melissa Horne.

“Retirement villages play a critical role in the lives of senior Victorians, who all deserve to be treated with dignity and respect.”

“We welcome any and all submissions on the proposed reforms, and we thank those who have participated in the previous public consultations for retirement village reforms.

The next stage of consultation will depend upon the outcome of the State election.

Emerging from winter means two things for Village Managers: all eyes are once again on the gardens, a key feature of any community; and annual meetings.

These meetings can take on different forms depending on the state under which you operate in, and the relevant legislative requirements. As a result, it is easy to see this process as being quite daunting.

It is with this in mind that we thought we’d share a few tips with you to make this process as straight forward as possible.

1. Start planning early. This goes without saying. One of the great things about these meetings is the Agenda does not change. This allows you to plan each requirement and consult with the relevant stakeholder groups, whether it be your auditors or Residents’ Committee.
   
2. Set the date, time and location. It is recommended you do this as early as possible. Annual meetings are generally well attended which is why its important to make sure you don’t clash with key activities, events, or cultural days.
   
3. Prepare. Preparation does take time, so don’t just plan early, prepare early. Use the previous year’s documents as a ‘template’ and adapt them accordingly. You don’t need to recreate the wheel.
   
4. Consult with your Residents’ Committee. The importance of this can’t be understated. Annual meetings are about the operator reporting back to residents on critical pieces of information. It is important then that the Committee, as representatives of the residents, have the opportunity to provide you with input into what will be presented or discussed at the meeting.
   
5. Practice. Standing up in front of residents and presenting an Annual Meeting doesn’t come naturally to everyone. Don’t be afraid to practice what you intend to present. This process will ensure you are familiar with the content and key messages you want residents to take away with them.

The final tip is one that is often overlooked. Check last year’s minutes or notes. Make sure you’ve closed out any feedback items or requests residents asked of you. BUT, also make sure you let your residents know you actioned their requests, and ask them for feedback!

Looking for more information about preparing for an Annual General Meeting (AGM)? The DCM Institute provides members with access to the Knowledge Centre with learning material on AGMs, and plenty more. Click HERE for more information.

Moving into the retirement village, Barry and Helen Bawden OAM, gifted their 100 year old piano, which Helen’s father had bought second hand when she was 14. She owned it for more than 60 years and is delighted that it is now bringing joy to others.

Helen, who with her husband lives at Carinity Brownesholme retirement village at Highfields, Toowoomba, QLD, which is adjacent to The Residences at Brownesholme aged care site. is delighted Clare Bothmann, a friend of hers who now lives at Brownesholme, is one of the residents who enjoys playing the piano.

Brownesholme aged care Residential Manager, Jane Mackney, said music is a popular communal activity in the aged care community which brings much joy to residents.

“Playing the piano helps our residents with their cognitive abilities and dexterity and singing along to the music has therapeutic benefits. As soon as our residents hear the piano being played, they come out of their rooms,” Jane said.