Page 5342 - Week 13 - Wednesday, 16 November 2011
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It is important to remember that the operation of retirement villages does not only affect those who live and work in them; it also affects the wider community. I have been approached by many constituents who are concerned about a family member or a friend who have raised issues with them in relation to their retirement village living. While I am aware that, for the most part, living in a retirement village is a very positive experience for residents, I believe it is crucial to ensure that all residents and prospective residents are fully informed and have mechanisms in place to deal with issues as they arise in a just and expedient manner.
It should be of interest to members to know that currently the ACT is the only Australian state or territory that does not have legislation in place which governs retirement villages. This is of particular importance in light of the caring for older Australians report recently handed down by the Productivity Commission. The report suggests that states and territories should retain responsibility for retirement villages but states that they should work together to harmonise existing legislation. In this regard, the ACT cannot be part of this conversation unless it too has legislation in place to regulate the retirement village industry. This adds an importance to the concern about the effectiveness of the current regulatory scheme, which I will detail in a moment.
This bill represents the culmination of many years of research and consultation to determine the best method of protecting the rights of retirement village residents while at the same time facilitating the growth of the retirement village industry in the ACT. As many within this place will know, retirement villages in the ACT currently operate under the Fair Trading (Retirement Villages Industry) Code of Practice 1999. It is apparent to me that the code is, unfortunately, unable to ensure fair trading in the retirement village industry and has also, in the experience of many residents, proved it is not able to offer sufficient protection to older Canberrans who choose to reside in a retirement village.
Common criticisms of the code include that it fails to provide an adequate framework to guide the operation of a retirement village, it does not provide efficient or effective processes for supplying appropriate information to prospective residents and current residents of retirement villages, and it contains no workable guide for the resolution of disputes between retirement village operators and residents. This bill seeks to address these concerns, among others, while at the same time establishing a structure which will facilitate sustainable growth in the retirement village sector for the years to come.
This bill deals with many of the key areas of the operation of a retirement village with a view to providing a comprehensive framework for retirement villages in the ACT. Areas covered by the legislation include the registration of retirement villages, the making and altering of residence contracts, the release of quality information to prospective residents and current residents of retirement villages, empowering retirement village residents and operators to engage in fair trading, the management of financial affairs of retirement villages and the management of retirement villages generally, the participation of residents in the operation of the village, and the process of resolution of a dispute between retirement the village operators and the retirement village residents.
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