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An overview of the NSW retirement village laws

Role of the Office of Fair Trading
The Office of Fair Trading administers the laws that set out the rights and obligations of prospective residents, residents of retirement villages and village operators. Our role includes the following responsibilities:
• providing information about the retirement village laws
• handling complaints about possible breaches of the laws
• taking or defending judicial proceedings on behalf of
residents in matters of public interest
• conducting education campaigns
• producing educational resources on retirement
village matters
• investigating and carrying out research into retirement
village matters
• monitoring the industry to detect unfair practices
• reviewing and amending the laws to ensure they
remain relevant.


Once you have made up your mind to move into a retirement village, there are many important things to take into account before finalising your choice. These issues are covered in the following chapters of this booklet. There are many hundreds of retirement villages in NSW of different sizes and style providing a range of services and facilities. Take time to obtain all the information you can from the villages of interest to you.
As a prospective resident, you are entitled to receive a copy of this booklet from any village you express an interest in. It must be supplied at or before the time you are given a disclosure statement (page 11). If after reading this booklet you have any further queries or questions please contact your nearest Fair Trading Centre. Which Fair Trading laws apply? From 1 July 2000 the main laws regulating retirement villages are: 1. The Retirement Villages Act 1999, which:
• sets out the rights and obligations of residents
and operators
• explains what information must be given to prospective
residents
• sets out the process of entering into a village contract
• provides for the establishment of Residents Committees
• explains how and when a contract can be ended.

What is a retirement village?
Any residential complex predominantly occupied by residents who are aged over 55 years, or who have retired from full-time employment, may be a retirement village. Residents of the complex must enter into a contract with the operator of the complex, either to occupy the premises and/ or to receive services. There are some 750 retirement villages currently in New South Wales, accommodating about 40,000 residents. Retirement villages are located across the State and are operated by church, charitable, community as well as private operators.
A broad range of accommodation is available within the retirement village industry. Self-contained premises are available to those able to live independently. Serviced premises (or assisted living apartments), with meals, cleaning and other personal services provided are also available within the industry. Some villages contain a mix of self-contained and serviced premises, allowing residents to transfer when and if the need arises. Personal support services are available at some but not all retirement villages. Prospective residents should make enquiries with each operator regarding the standard, extent and cost of personal support services, if any, available at
the village.

This article / booklet is continued at http://www.fairtrading.nsw.gov.au/pdfs/About_us/Publications/ft011.pdf.


This information sourced from the Office of Fair Trading, NSW