Why RLC seeks deferral of VIC’s Retirement Villages Act
The future shape of Victoria’s retirement village reforms is beginning to draw closer, following the passage of the Retirement Villages Amendment Bill 2024 through both Houses of Parliament in May last year.
The legislation is scheduled to commence no later than 1 May 2026, ushering in one of the most significant overhauls of the state’s retirement village framework in decades.
However, many of the practical details underpinning the reforms – including the code of practice, standard form contracts, prescribed disclosure forms, 10-year capital maintenance plan requirements, emergency planning obligations, and rules governing aged care and alternative accommodation payments – will be set out in accompanying Regulations.
Less than 75 days until start date
Those Regulations have yet to be released, creating uncertainty for operators as the commencement date approaches, according to the peak body of retirement village operators, the Retirement Living Council (RLC).
“We have worked closely and in good faith with the Department of Government Services since the Bill passed – but with commencement approaching, the implementation pathway remains unclear and increasingly unworkable,” RLC National Policy Director Oliver Luckhurst-Smith said.
“The timeframes for supporting regulations were always unrealistic and unfortunately, that risk is now playing out.
“Less than 75 days from the mandated commencement date and without having seen a draft copy of the regulations, the sector cannot responsibly prepare for a 1 May 2026 start date.
“Operators need certainty to make crucial updates and communicate changes clearly to residents and prospective residents.”
Draft yet to be released
Victoria’s Department of Government Services was meant to be actively consulting with stakeholders on the content to be addressed in the new Regulations, which remain unfinished.
These include a mandatory Code of Practice, which was expected to be developed later in 2025 in consultation with the sector and stakeholders, with the expectation of a draft of the new Regulations, templates and forms being released for public comment before the end of 2025.
None of this has happened.
The Retirement Living Council wrote to the Department of Government Services last year recommending a deferral of key commencement dates to allow the sector to “prepare appropriately”.
There has been no response.
“This is not about resisting reform – it’s about delivering it properly, without confusion, disruption, or unintended consequences for residents and operators,” Oliver added.
