State in focus: Further reforms on the horizon for South Australian Retirement Villages

The South Australian Office for Ageing Well has published the draft Retirement Villages Regulations for public comment, with a revised commencement date for the legislative changes now expected in early 2026.

DCM Institute’s Legal Partners, MinterEllison, have prepared a short summary of key proposed changes contained in the draft Regulations:

Dispute Resolution Policy

• The Dispute Resolution Policy will now need to be provided to residents before entering into a Residence Contract (previously it was required to be included in the contract).
• The policy must include:
  • The process for resolving disputes between residents, and the role of the operator in assisting with resolution.
  • How a resident can make a formal complaint to the operator.

Condition Reports

• Specific requirements have been set out for the Premises Condition Report, including its format and content.
• Similar requirements will also apply to the Vacated Premises Report, which must be completed after a resident leaves.

Disclosure Statement

• A new Disclosure Statement format has been introduced.
• It includes updated disclosure obligations from the Act, such as a table estimating exit entitlements for residents staying 2, 5, or 10 years.

Residence Rules

• Operators must now consult with residents before making changes to village rules.
• A rule change can be triggered by either the residents’ committee or 20% of residents.
• Following consultation, operators must provide residents with:
  • A summary of the consultation outcome.
  • The operator’s decision, along with reasons.

Safety and Emergency Plans

• Operators must:
  • Review emergency procedures and conduct safety inspections at least once a year or following any significant village changes.
  • Comply with new content and format standards for emergency plans.

Codes of Conduct

• The existing general Code of Conduct will be replaced by separate codes for residents and for operators/staff.
• These codes outline minimum standards of behaviour and consultation.
• Mandatory training based on the Codes will be required:
  • Before employment.
  • And every three years thereafter.

Unclaimed Property

• New minimum requirements have been introduced for operators managing unclaimed property.

Termination of Schemes

• Where a retirement village scheme (or part of one) is to be terminated, the operator must now provide additional information to residents along with the termination notice.

Disqualified Persons

• Operators must confirm a person is not disqualified by:
  • Obtaining a national criminal history record (less than six months old).
  • Receiving a statutory declaration from the person confirming that no prescribed disqualifying circumstances apply.

NEXT STEPS

MinterEllison is part of the The Property Council of Australia’s Retirement Committee Working Group tasked with preparing a formal submission in response to the draft Regulations.

Feedback on the draft Regulations can be submitted until 5.00pm on Sunday 11 May 2025.