On 19 October 2011 the Victorian Consumer Affairs Minister
Michael O'Brien released a discussion paper which seeks
feedback on ways to promote a better understanding of the rights
and obligations of residents who live in retirement villages in
Victoria, as well as a better understanding by potential residents
of these rights and obligations (Discussion
On releasing the Discussion Paper, Minister O'Brien
confirmed that the Victorian government is committed to helping
seniors become better informed about retirement villages through
the provision of easy to understand information in order to help
avoid conflicts between residents and management in the future.
The Discussion Paper seeks feedback on the following areas:
How the disclosure of information to prospective residents of a
retirement village could be improved, both when a person is
generally interested in a particular retirement village and when a
person is about to enter into a contract for a particular unit at a
What matters must be set out in retirement village contracts
and what matters must be excluded based on a draft list set out in
the Discussion Paper.
The details of a basic set of mandatory terms for retirement
village contracts to promote fairness, in addition to those already
prescribed by the Retirement Villages (Contractual
Arrangements) Regulations 2006 (Vic).
The appropriateness of a standard layout for retirement village
contracts to assist residents to compare both residence and
The requirement for the provision of a condition report before
a new resident moves in, as is currently the case in New South
The Discussion Paper can be viewed
here and draws on experiences from other jurisdictions
including New South Wales. Initial submissions to Consumer Affairs
Victoria are due on Monday 19 December 2011. Consumer Affairs
Victoria will meet with industry stakeholders to discuss outcomes
from the Discussion Paper in early 2012, and will then prepare a
regulatory impact statement in relation to any proposed
Please contact Gadens Lawyers if you would like
advice or assistance in relation to the preparation and lodgement
of submissions with Consumer Affairs Victoria.
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