Most of the proposed amendments to the revised code and 14A regulations implement recommendations or address issues raised in the final report of the Statutory Review of Retirement Villages Legislation.

A small number of amendments address concerns raised by the Parliament when the Retirement Villages Amendment Act 2012 was being considered and by the Parliamentary Joint Standing Committee on Delegated Legislation after the Interim Code was tabled in the Parliament. The amendments also seek to address concerns raised by residents and their personal representatives through the Department’s Seniors’ Housing Centre. 

The Consultation Process

The consultation process is being managed by the Department and, in relation to the revised code, accords with sections 44, 45, and 46 of the Fair Trading Act 2010.

In focussing on the proposed legislation the Department is interested in receiving input on whether any particular provisions of the revised code or s14A regulations should:

• apply only to residence contracts entered into on or after 1 April 2014 (being the date on which the Retirement Villages (Amendment) Act 2012 commenced);
• apply only to residence contracts entered into on or after the commencement of the revised code and 14A regulations;
• apply to both new and existing residence contracts, but only in relation to events that occur after the commencement of the revised code and 14A regulations;
• apply only to some types of retirement villages (e.g. lease/licence);
• have a deferred implementation date (e.g. provisions relating to budgets or financial reporting).   

Please note when preparing your submission it may be subject to freedom of information requests, which result in information being publicly available in the future.  Individual submissions may be quoted in future publications because submissions form part of the public consultation process on the revised code and 14A regulations.

Distribution to key stakeholders

The Property Council of Australia and Aged and Community Services WA are the two industry bodies that represent the retirement villages industry in Western Australia and will be sent electronic copies of the draft revised code, 14A Regulations and associated information for distribution to members. The West Australian Retirement Villages Residents’ Association will also be sent a copy of the draft revised code, 14A Regulations and associated information for distribution to residents. Submissions can therefore be made through one of these bodies or separately. 

The following information may help with your understanding of the revised code and regulations:

• Revised code additional explanatory material
• Supplementary information - section 14A regulations
• Fair Trading (Retirement Villages Code) Regulations 2014
• Retirement Villages Amendment Regulations 2014

Copies of the current legislation is available from the State Law Publishers website: 

• Fair Trading (Interim Code) Regulations 2014
• Retirement Villages Regulations 1992

Submissions are now closed. 

The proposed amendments have already been the subject of a considerable amount of consultation with industry and resident stakeholders. As such the timeframe for submissions has been set to try and enable the drafting and legislative process to be finalised before the end of September 2014 when the Interim Code expires. This will ensure the remaining reforms in the Retirement Villages Amendment Act 2012 can be implemented from 1 October 2014.

Closing date

Responses were to be submitted by Monday 28 July 2014.

Enquiries can be made by calling Consumer Protection's Advice Line on 1300 304 054 or by email.