South Australian Current Regulations

RETIREMENT VILLAGES REGULATIONS 2017 - SCHEDULE 1

Schedule 1—Operator and Residents Code of Conduct

1—Conduct of operator

The operator of a retirement village must—

            (a)         not interfere with residents' self-reliance and autonomy in their personal, domestic and financial affairs; and

            (b)         take reasonable steps to ensure that the retirement village is safe and secure; and

            (c)         not harass or intimidate residents of the retirement village; and

            (d)         respect the peace, comfort and privacy of residents; and

            (e)         take reasonable steps to ensure that residents comply with the residence rules; and

            (f)         acknowledge, within a reasonable time, requests from residents for repairs and maintenance of the retirement village; and

            (g)         consult residents in relation to the financial affairs of the retirement village; and

            (h)         take reasonable steps to ensure that a resident has access to information held by the operator about that resident; and

                  (i)         allow a resident to appoint, in writing, an agent to receive notices and documents on the resident's behalf.

2—Conduct of residents

The residents in a retirement village must—

            (a)         respect the peace, comfort and privacy of other residents and persons in the retirement village; and

            (b)         not harass or intimidate other residents and persons in the retirement village (including the operator and any person employed in the retirement village scheme); and

            (c)         not act in a manner that may place the safety of other residents and persons in the retirement village at risk of harm; and

            (d)         comply with the residence rules.

3—Fees for preparation and provision of certain documents

The operator of a retirement village must not charge a fee for the preparation or provision of—

            (a)         a document required under section 22 of the Act to be given to a person before the person enters into a residence contract; or

            (b)         a premises condition report required under section 23 of the Act to be given to a person who enters into occupation of a residence in a retirement village.

4—Surplus and deficit policy

The operator of a retirement village must not make changes to a surplus and deficit policy forming part of a residence contract in relation to the retirement village unless—

            (a)         the changes are approved by a special resolution at a meeting of residents; and

            (b)         an amended surplus and deficit policy incorporating the approved changes is, within 10 business days of the meeting of residents approving the changes, provided to each resident of the retirement village (or if 2 or more residents reside in a residence, each residence in the retirement village).

5—Operator to consult with residents' committee

The operator of a retirement village must undertake reasonable consultation with a residents' committee established under section 38 of the Act in relation to the following matters:

            (a)         maintenance issues raised to the residents' committee by residents;

            (b)         any proposed change to a service or facility provided at the retirement village that is reasonably expected to result in—

                  (i)         increased costs to residents beyond any increase shown in the information provided to residents under section 33(6) of the Act; or

                  (ii)         a loss of amenity;

            (c)         any proposal to alter or improve a building, fixture or fitting if residents will be expected to finance some or all of the capital or recurrent costs of the work, except if—

                  (i)         the costs have already been included in the information provided under section 33(6) of the Act; or

                  (ii)         the costs will not exceed $5 000 in total;

            (d)         the distribution of information to residents;

            (e)         the establishment of social or recreational programs at the retirement village;

            (f)         the appointment of a trustee (or new trustee) for the purposes of the retirement village scheme, or any proposal to alter the functions or duties of such a trustee;

            (g)         any other matter agreed between the committee and the operator.

6—Operator to consult with residents

        (1)         The operator of a retirement village must, in addition to the requirements of the Act and clause 5, take steps to ensure that there is reasonable consultation with residents of the retirement village in relation to any matter that could have a significant impact on their financial affairs, the amenity of the retirement village or their way of life, including (without limitation) the following:

            (a)         any changes to the operator's dispute resolution policy;

            (b)         establishing a disputes committee in connection with the operator's dispute resolution policy;

            (c)         any changes to the residence rules;

            (d)         any changes to the operator's remarketing policy.

        (2)         For the purpose of subclause (1), an operator will be taken to have taken steps to ensure reasonable consultation with residents of the retirement village if the operator at least—

            (a)         notifies residents in relation to any matter that could have a significant impact on their financial affairs, the amenity of the retirement village or their way of life; and

            (b)         provides residents with an opportunity to respond to such matters within a reasonable time; and

            (c)         considers any response provided by residents.