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Two Amendments to the Queensland Retirement Villages Act now in force

28 Nov 2017

As we detailed in our article on 6 November 2017, the Housing Legislation (Building Better Futures) Amendment Bill 2017, that significantly amends the Retirement Villages Act 1999 (RV Act), was passed in the Queensland Parliament on 25 October 2017. It was subsequently assented to and became law on 10 November 2017.

Only the following amendments commenced on that date:

1. Exit Entitlement

  • for any residence contract terminated prior to 10 November 2017, the operator will be required to have paid the residents their exit entitlement by 10 May 2019.
  • otherwise, the operator is required to pay the residents their exit entitlement within 18 months of the date of termination of their residence contract.

2. New Part of the RV Act – the new behaviour standards for residents and operators (and their staff), including:

  • an operator must take reasonable steps to ensure a resident does not interfere with the reasonable privacy of another resident.
  • an operator must give a written response within 21 days of receiving a written complaint, proposal or question from a resident or former resident (or their representative).

If you require assistance to amend your template documents to be compliant with the new mandatory buy-back provision and new legislative rights and obligations for residents and operators, please let us know.   

All the other amendments to the RV Act will not begin until a date to be determined by proclamation in the future. We will notify you of that date when it is announced.

We will also be keeping a close eye on when the Department of Housing and Public Works will be issuing any detail regarding the new documents in approved forms. We will therefore be well placed to support operators through the transition so that your documents may be tailored to the new approved forms promptly.

Regional operators….Are you interested in attending a briefing session?

Following our recent briefing session on the amendments to the RV Act, held in Brisbane on Friday 24 November in conjunction with ACSA’s Seminar Series, we have had several enquiries from operators about additional briefings, with some from operators in regional areas.

If you are a regional operator and would like to attend a face-to-face briefing session please register your interest here.

If you have any queries related to the content of this article, please contact us.

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

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