Rules and Codes in Retirement Living

If you work in retirement living long enough, you will ask some version of the same question:

“Which rule or code are we meant to be following here?”

It’s a fair question. And judging by the number of calls, emails and workshop questions we receive from village professionals across the country, it’s a common one.

Different states. Different terminology. Different stages of reform. Add an industry Code of Conduct on top, and it’s no wonder even experienced professionals sometimes feel unsure about where to look for guidance.

This article exists for that reason. Not to add another layer of interpretation, but to help village professionals find a North Star when it comes to Rules of Conduct, Codes of Conduct and Codes of Practice.

Why this feels harder than it should

The confusion isn’t because people aren’t trying to do the right thing. It’s because the retirement living sector has been subject to ongoing reforms across each state and territory for almost a decade now.

Across Australia, governments are moving away from implied expectations about behaviour and toward explicit standards of conduct. And they’re doing it at different speeds, using different legal tools.

Some jurisdictions name conduct directly. Others embed it throughout legislation. Others are still building the framework.

The result? Same expectations. Different signposts.

Each state, in focus

Lets take a look at the current landscape.

New South Wales

NSW has legislated Rules of Conduct for retirement village operators.

These rules are explicit, enforceable and penalty-based. They prescribe minimum standards around professionalism, training and competency, disclosure, complaint handling, conflicts of interest and marketing. Operators are required to demonstrate compliance, not just assert it.

In plain terms: NSW doesn’t assume professionalism. It requires it and expects evidence.

Victoria

Victoria has historically embedded conduct expectations throughout its legislation. That is now changing.

Recent reforms pave the way for a mandatory, to sit alongside standard contracts, disclosures and dispute resolution processes.

In plain terms: Victoria is formalising conduct expectations that previously lived between the lines. Watch this space.

South Australia

South Australia is strengthening and expanding its Code of Conduct through regulation.

The approach distinguishes between guiding principles and enforceable requirements, with some breaches escalating to offence provisions over time.

In plain terms: SA is turning values into rules, and rules into consequences.

Western Australia

WA is progressing reform through amended legislation and supporting regulations.

Rather than a single named “Code of Conduct”, behavioural obligations are being embedded into regulatory instruments covering disclosure, consultation and operator behaviour.

In plain terms: In WA, conduct is regulated through structure rather than labels.

Other jurisdictions

Queensland, Tasmania, the ACT and the Northern Territory do not currently have standalone Rules or Codes of Conduct. However, behavioural expectations are firmly embedded in their Acts and Regulations, supported by consumer and contract law.

In plain terms: Different packaging, same expectations.

The national layer that travels with you

Alongside state-based law sits the Industry Code of Conduct, administered by the Retirement Living Council Australia.

This code is voluntary, but nationally consistent. It sets expectations around ethical behaviour, transparency, fair dealing and respect for residents. Importantly, it applies regardless of state borders.

When legislation is silent, evolving or unclear, the industry code provides continuity.

It doesn’t replace the law. It is an industry best practice that complements it.

Is there a hierarchy?

When village professionals ask, “Which code applies?” the most helpful answer isn’t a document name. It’s a framework.

A simple hierarchy helps:

Your state legislation and regulations
This is the floor. You must meet it.
Any legislated Rules or Codes of Conduct
These sharpen expectations and introduce evidence requirements.
The Industry Code of Conduct
This fills gaps and guides judgement across jurisdictions.
Professional judgement and culture
This is where compliance becomes conduct.

If you can explain a decision using all four layers, you are usually on solid ground.

Why these questions keep coming up

This topic keeps resurfacing because:

Laws are changing at different speeds
Language differs between jurisdictions
Professionals move between states
Regulators are increasingly active
Residents are more informed and confident

Seen through that lens, questions about rules and codes are not a weakness. They are a sign the sector is professionalising.

The uncomfortable truth about codes

Here’s the part worth sitting with.

Codes don’t remove judgement. They assume it.

They assume training, capability, reflection and the ability to explain not just what was done, but why. Increasingly, that’s what regulators test.

Compliance answers what you did. Conduct explains why.

A shared destination, even if the paths differ

Every jurisdiction is moving toward clearer expectations of behaviour. The industry code provides a stable reference point. Professionalism is the shared destination.

So when things feel unclear, follow the law, respect the code, and act in a way you’d be comfortable explaining to a resident, a regulator and your peers.

That’s the north star.