Retirement Villages Act and Regulation
Retirement Villages Legislation
The Retirement Villages Act 1999 (RV Act) provides the law relating to the establishment and operation of retirement villages in Queensland. The current version and all earlier versions are available for download and home printing from the Office of Queensland Parliamentary Counsel.
Printed authorised copies can only be bought online at litsupport.
If you have a contract dated before 1 Feb 2019, you should read the topic below, Acquiring the relevant version of the Retirement Village Act.
Retirement Villages Regulation
The Retirement Villages Regulation provides for the following matters relevant to residents –
- condition reports of accommodation unit
- information to be contained in residence contracts and waivers
- information to be contained in village comparison documents
- information to be contained in prospective costs document
- description of operational documents
- fee payable by resident for accessing scheme operators copy of certain operational documents.
The regulation is available for download and home printing from the Office of Queensland Parliamentary Counsel.
Acquiring the relevant version of the Retirement Villages Act
This article is relevant to only those members with residence contracts dated before 1 Feb 2019.
Your residence contract may provide more beneficial conditions than those provided by the RV Act.
There are members contacting ARQRV about where they can acquire a copy of the latest version of the RV Act. This is not as straight forward as it sounds, as you will need to refer to two versions of the RV Act for different matters.
We will try to explain it as best we can.
After amendments to the RV Act in the past, the latest version of the RV Act has included ‘rules’ that applied to all residence contracts, regardless of when the contracted was signed. However, from 1 Feb 2019, this is no longer the case as some rules which continue to apply to your public information document (PID) and the reinstatement of your unit, have been deleted from the latest version.
Put simply, the rules in your original contract about your PID and reinstatement work still apply to you but, are included in only the 10 November 2017 version of the RV Act.
This means that you must –
- refer to the 10 November 2017 version, for certain information relating to PIDs and reinstatement work (continuing provisions*); and
- refer to the latest version for all other matters.
*Summary of continuing provisions of the RV Act in force as at 17 Nov 2017 –
- Public information documents – former ss 18, 20, 36 & 37, 45(3), 74 to 83, 103(1) and 108(2)
- Reinstatement work – former ss 58, 59, 61, 62
- Resale value former s 67.
The continuation is provided by ss 237I to 237L & 237N of the current RV Act.
Obtaining the relevant version of the RV Act
All versions of the RV Act are available to view, download and home print from the website Office of Queensland Parliamentary Counsel (OQPC).
How to find all versions:
- go to the Retirement Villages Act page on the OQPC website
- activate the timeline button on the right of the window under the name of the Act
- use the timeline to browse to the relevant version.
Amendments to the Retirement Villages Act
Amendments to the RV Act since November 2017 provide new standards for operators and residents of retirement villages, and will build better consumer protection for residents and prospective residents of villages in Queensland. Further changes relating to standardised village budgets and financial statements will be introduced in the future.
ARQRV has produced a fact sheet which provides a brief summary of the changes.
Right Where You Live initiative
The Queensland Government’s Right Where You Live initiative aims to, among other things, assist residents understand the legislative changes.
ARQRV is conducting one-hour information sessions explaining the changes. Contact ARQRV if residents in your village are interested in hosting an information session.
Refer to the Right Where You Live website to find out more about the changes.