Retirement Village Legislation

The Retirement Villages Act regulates the operation of many aspects of retirement villages in South Australia.

The Retirement Villages Act defines a retirement village scheme as a residential complex that is established (predominantly), for retired persons and their partners under which:

residences are occupied under a lease or licence; or
the right of occupation is conferred by ownership of shares; or
residences are purchased from the administering authority, subject to a right or option of repurchase; or
residences are purchased by prospective residents on conditions restricting their subsequent disposal.

Review of the Retirement Villages Act 2016

The Retirement Villages Act commenced on 1 January 2018 and was required to be reviewed after three years.

Update as of 31 March 2025

The draft Retirement Villages (Miscellaneous) Amendment Regulations 2025 are now available for public consultation.

As you would be aware, Parliament passed the Retirement Villages (Miscellaneous) Amendment Act 2024 (Amendment Act) on 27 November 2024 following comprehensive public consultation.

Before the new laws can commence, the Retirement Village Regulations 2017 (RV Regulations) require updating to provide additional detail on a range of operational requirements. This consultation provides an opportunity to provide feedback on the proposed draft regulations.

The consultation period opened on Monday 31 March 2025.
Submissions close on Sunday 11 May 2025 at 5.00pm (ACDT)

For information about the proposed regulations, or to download a copy of the draft regulations, consultation paper or feedback form, go to www.yoursay.sa.gov.au.

If you have any questions, or require support to participate in the feedback process,
please contact Office for Aging Well by phoning (08) 8204 2420 or emailing RVActReview@sa.gov.au

Update as of 6 December 2024

The Parliament of South Australia has passed the Retirement Villages (Miscellaneous) Amendment Act 2024.

The are a number of information sheets available on the Office for Aging Well website and copied below.

SARVRA will be in touch with you about consultations for the Regulations and how you can get involved.

Update as of 15 October 2024

The bill was passed by the South Australian House of Assembly on the 10 September 2024 and was received by the South Australian Legislative Council on the 11 September 2024 and read a first time.

Here is a link to an information sheet, prepared by the Office for Ageing Well, on how the proposed changes will affect current and prospective residents.

If you wish to contact a Legislative Council Member, to discuss the bill, here is a link to the List of Members and their contact details.

Retirement Villages (Miscellaneous) Amendment Bill Community Consultation

A public consultation on the draft Retirement Villages (Miscellaneous) Amendment Bill, which proposes to amend the Retirement Villages Act 2016, ran from 31 March to 19 May 2023.

The consultation provided an opportunity for stakeholders to consider whether the proposed changes achieve the intent of the review recommendations, and if any additional changes to the legislation were needed before the Bill was introduced in Parliament.

All community feedback was carefully considered and helped finalise the draft Amendment Bill before its introduction to State Parliament.

Introduction of the Retirement Villages (Miscellaneous) Amendment Bill to State Parliament

The Minister for Health and Wellbeing introduced the Retirement Villages (Miscellaneous) Amendment Bill 2024 to State Parliament on 21 February 2024.

Watch this space for further updates as the bill passes through the various stages of parliament.

Information on the Retirement Villages Act 2016 and Retirement Village Regulations 2017

The Department for Health and Ageing through the Office for Ageing Well is responsible for the administration of the Retirement Villages Act.

From 2013 to 2017 the State Government worked with village operators, property developers and SARVRA to improve the previous Act, and to strike the right balance between the needs of residents and operators. The Retirement Villages Act 2016 completed the Parliamentary process in November 2016 and the Retirement Village Regulations 2017 were also developed and published. The new legislation commenced from 1 January 2018.

SARVRA had input to all phases of the development of the new Act and Regulations, and overall is very pleased with the additional protections for residents of retirement villages that are incorporated in the new Act.

Key provisions incorporated in the new Act include:

The introduction of a standard disclosure statement to improve transparency and clarity of residence contracts
The introduction of the mandatory repayment of an exit entitlement to a resident within 18 months of a resident vacating their residence or providing notice to vacate, if it is not relicensed prior to this time
An increase in transparency of village funds including breaking down management fees, providing details of expected consultation with residents regarding the village budget and requirements to meet with residents’ committees about finances.

Download a fact sheet providing more details about the 2016 changes to the Act.

The Retirement Villages Act 2016 and Regulations provide details of the rights of village residents.