The Retirement Villages Industry Code of Practice (the Code) sets out various standards for retirement village operators.  The Code is legally binding on all village operators, their employees and residents of retirement villages.

On 16 November 2011 Ms Mary Porter MLA introduced the Retirement Villages Bill 2011 into the A.C.T. Legislative Assembly.  The Explanatory Statement for the Bill states the key areas that the bill deals with, which are the following:

• "the registration of retirement villages;
• the making and altering residence contracts;
• the release of information to prospective residents through the general inquiry document and the public information document;
• the managementof the financial affairs of retirement villages;
• the protection of the rights of retirement village residents;
• the participation of residents in the operation of the village; and,
• the process for the resolution of a dispute between retirement village operators and retirement village residents".

• What is the Retirement Villages Industry Code of Practice?
• What does the Retirement Villages Committee do?
• I have a complaint about a retirement village.

What is the Retirement Villages Industry Code of Practice?

The code applies to all people that promote, develop, sell or manage retirement villages in the A.C.T.  The Code also applies to all residents of an A.C.T. retirement village, including those residents who were residing in a retirement village before the Code commenced on 3 November 1999. 

Residents of aged care facilities that are covered by the Aged Care Act 1997 (Cwlth) are not covered by the Code.  The Code also only applies to resident funded self-care accommodation.  A number of rights and obligations are imposed by the Code and no contract or agreement can seek to exclude any of the rights or obligations.

The Code aims to:

• promote fair trading practices in the provision of retirement villages and related services;
• ensure that the well-being, rights and interests of residents are considered;
• ensure that the rights and interests of management is considered;
• ensure that appropriate standards of conduct are maintained;
• promote consumer confidence in the retirement village industry by ensureing that services are provided in an ethical and professional mannerand also by recognising the input of residents;
• ensure that consumers who are considering entry into a retirement village have all relevant information to enable them to make informed decisions;
• ensure that resident's rights to privacy and autonomy over their personal and financial affairs and property is preserved;
• clarify the rights and obligations of residents and management;
• ensure that residents who wish to have input into the management of the village can do so, and there are mechanisms and structures in place to allow them to do so; and,
• establish appropriate dispute resolution schemes.

 The management and employees of a retirement village must:

• recognise and respect the freedom of decision making and actions by residents;
• recognise a resident's relationship with his or her family and the village community;
• take into account the resident's cultural, religious and linguistic background;
• ensure that residents are treated fairly and are not subject to abuse or exploitation;
• ensure that residents have the right of autonomy over their personal and financial affairs and property; and,
• not engage in any harsh or oppresive conduct.

What does the Retirement Villages Committee do?

A Code of Administration Committee (the Committee) has been formed to monitor and effect the Code and comprises:

• the Commissioner for Fair Trading (the Chair);
• a representative of the retirement village industry;
• a representative of residents of retirement villages; and,
• any other persons the Commissioner of Fair Trading considers necessary for the Committee to carry out its functions.

The Committee carries out a number of functions including:

• monitoring compliance with the Code;
• monitoring the operationand administration of the dispute resolution bodies created under the Code;
• advising the Committee on policy and procedures to promote the Code;
• identifying any specific problems within the industry and recommending changes where appropriate; and,
• reviewing the effectiveness of the Code and recommending changes where appropriate.

I have a complaint about a retirement village.

Each retirement village in the A.C.T. will have its own Disputes Committee to hear disputes as they arise.  The Disputes Committee will consist of three members:

• a person appointed by the residents;
• a person appointed by management; and,
• a chair appointed by agreement of the above two members.

Each village must create a Disputes Resolution Charter (the Charter) to establish guidelines on how the village will handle disputes.  Where a dispute arises within the Charter, a resident, group of residents or management may apply the Disputes Committee to have the matter heard.

The Disputes Committee shall meet as soon as practicable after being notified of a dispute and shall decide the dispute in accordance with the Charter.  Where the Disputes Committee determines a dispute it shall advise all parties in writing of the decision within 30 days of receivinh notice of the dispute.

Where the Disputes Committee decides the dispute or the matter has been successfully resolved by mediation all parties shall be bound by that decision or mediation agreement, and take all reasonable steps to put it into effect within a reasonable period of time.

The Office of Regulatory Services will also provide a client service for both residents and management which can be used to seek advice or to assist in the resolution of disputes which may arise.

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