There is no current public consultation.
The Commission has a current monitoring project focusing on the effectiveness of independent legal advice. A report is expected by July 2017. You can read more about our monitoring reports here.
Proposed Variations to the Retirement Villages Code of Practice 2008
The Retirement Commissioner consulted the public on proposed variations to the Code of Practice complaints facility between 17 December 2015 – 14 March 2016. The Commission decided to make comprehensive improvements and consulted on a re-drafted set of proposed variations between 2 June – 14 July 2016.
The proposed variations were to clause 31 and clauses 32-36 of the Code of Practice, which relate to how residents raise an issue or concern with the operator and statutory supervisor, and to the complaints facility.
The Commission presented recommendations to the Minister for Building and Construction in August 2016.
The Minister issued a Gazette notice approving the proposed variations on 6 October 2016.
When do the variations take effect?
The variations take effect from 1 April 2017.
What changes have been made?
The variations improve the dispute resolution process in the Code of Practice and prioritise the early resolution of disputes. The amended Code of Practice:
- Requires operators to have a written procedure so residents may informally raise concerns or issues. This is intended to facilitate early resolution of issues
- Makes the formal complaints and dispute resolution process more user-friendly through a new step-by-step procedure for formal complaints to encourage earlier resolution
- Includes a diagram explaining the complaint process to help residents recognise that a mix of options are available to them and where they may turn for help
- Clarifies that the statutory supervisor’s role is to work with parties to provide an impartial perspective and to recommend a way forward
- Includes mediation as a clear step if a complaint cannot be resolved informally
- Requires operators to report formal complaints data to the Retirement Commissioner every six months
An updated version of the Code of Practice with a clause by clause explanation of the variations, including the recent variations that become effective 1 April 2017, is available here.