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Timetable released for implementation of 2017 Queensland Retirement Village reforms

31 May 2018

As reported by Hynes Legal last year, the Housing Legislation (Building Better Futures) Amendment Bill 2017 made a number of amendments to the Retirement Villages Act 1999 (Qld) (RV Act). The majority of the changes are yet to commence and will not begin until a date to be determined by proclamation. A link to our previous article can be accessed here.

The Department of Housing and Public Works (DHPW) has now released a timetable which reveals that the remaining changes to the RV Act will commence in stages involving consultation and implementation phases. The timetable can be accessed here.

Stage 1 involves the following RV Act amendments:

  • Pre-contractual disclosure;
  • Access to documents; and
  • Reinstatement of units.

Consultation on Stage 1 is timetabled between May 2018 and June 2018.

Implementation of Stage 1 is scheduled for between August 2018 and October 2018.

Stage 2 is in relation to the following:

  • Change in village operations; and
  • Retirement village contracts.

Consultation on Stage 2 is scheduled between October 2018 and December 2018.

Implementation of Stage 2 is proposed to take place between April 2019 and June 2019.

Stage 3 involves consultation on the amendments relating to standard financial reports and budgets.

Consultation on Stage 3 is scheduled between April 2019 and August 2019. There is no implementation phase scheduled for on Stage 2 yet. However, the Property Council of Australia has remarked in their article on the Implementation of the amendments that: “Remarkably the final stage of implementation is not scheduled until January 2020.”

Anticipated release of new approved forms

While the descriptions released by the DHPW  about each of the three Stages, is broad, we anticipate that the new approved forms (including the new Village Comparison Document -which replaces the Public Information Document and the new Prospective Costs Document for the Residence Contract) are likely to be consulted on during Stage 1 and implemented between August 2018 and October 2018. This is on the assumption that these forms fall within the DHPW’s “pre-contractual disclosure” process. If not, we assume that they would instead be consulted upon in Stage 2, when the attention turns to the “Retirement village contracts” and then implemented between April 2019 and June 2019. Only time will tell whether we will have these new forms this year or next.

In the meantime, we remind operators to ensure that their current village documents refer to the new behaviour standards for operators and residents and exit entitlement repayment provisions that have already commenced.

If you have any queries or concerns please feel free to contact our retirement villages team to discuss.

This article is for information purposes only and should not be taken as legal advice.

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