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SEARCH FOR A
RETIREMENT VILLAGE

 

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FEATURED RETIREMENT VILLAGES
Beauty Point Retirement Resort

Beauty Point Retirement Resort
Padstow Heights NSW

Seabeach Gardens

Seabeach Gardens
Mona Vale NSW

Cardinal Freeman Village

Cardinal Freeman Village
Ashfield NSW

 

Guide to Retirement Villages in New South Wales (NSW)

The regulation of retirement villages in New South Wales (NSW) is the responsibility of the New South Wales State Government. The retirement villages laws comprise the Retirement Villages Act 1999 (the Act) and the Retirement Villages Regulation 2009 (the Regulations).

The Act sets out the main substantive provisions and the Regulations incorporate detail and provide flexibility to fine tune the laws over time.

The Act also envisages that the form and content of various documents will be prescribed by the Regulations. These documents include a general inquiry document, a disclosure statement, a condition report and a standard form of village contract.

The objects of the Act (as stated in section 3) are:

  1. to set out particular rights and obligations of residents and operators of retirement villages, and
  2. to facilitate the disclosure of information to prospective residents of retirement villages, and
  3. to require contracts between residents and operators of retirement villages to contain full details of the rights and obligations of the parties, and
  4. to facilitate resident input, where desired by residents, into the management of retirement villages, and
  5. to establish appropriate mechanisms for the resolution of certain disputes between residents and operators of retirement villages, and
  6. to encourage the retirement village industry to adopt best practice management standards.

What is a Retirement Village?

In summary, a "retirement village" is defined as a complex that is at least predominantly occupied or intended to be occupied by retired persons who have entered into village contracts with an operator of the complex. Several other situations and arrangements are specifically excluded from the definition, the main ones being:

  • communities that fall within the definition of a "residential park" under the Residential Parks Act 1998, which are often called manufactured home villages
  • communities that only offer rental accommodation under a residential tenancy agreement that specifies that the Retirement Villages Act 1999 does not apply and is in the form prescribed by the Residential Tenancies Act 2010, which are often called rental villages
  • aged care homes and facilities that provide residential care by approved providers under the Aged Care Act 1997 of the Commonwealth, which are often called hostels and nursing homes
  • boarding-houses and lodging houses.

Who is a Resident of a Retirement Village?

A "resident" of a retirement village means a retired person who has a residence right in respect of residential premises in the retirement village, as well as the spouse or defacto of that person if they occupy the premises with that person.

A "retired person" is someone who has reached the age of 55 years or has retired from full-time employment, but those additional criteria do not apply to the spouse or defacto.

More Information?

For general information about retirement villages, please see our Retirement Villages Guide.

For specific information about retirement villages in New South Wales (NSW), please see the following pages:

  1. Introduction - This Page

  2. Information and Representations

  3. What is a "Registered Interest Holder"?

  4. Departure Fees

  5. Condition, Repair and Refurbishment

  6. Vacating the Premises

  7. Dispute Resolution

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