Notice of Decision

Subordinate Legislation Act 1994

NOTICE OF DECISION

Retirement Villages Act 1986

As the Minister responsible for the Retirement Villages Act 1986, I give notice under section 12 of the Subordinate Legislation Act 1994 of my decision to recommend the making of the Retirement Villages Amendment Regulations 2026 (the proposed Regulations).

The draft Retirement Villages Amendment Regulations 2026 and an accompanying Regulatory Impact Statement (RIS) were released for public consultation on Engage Victoria between 24 June and 21 August 2026. In total, 69 responses from the public, including from key stakeholders, were received by the Department of Government Services (DGS).

Following detailed consideration of the feedback received, I have determined that the proposed Regulations should be made, with targeted changes. Stakeholder feedback showed support for the objectives of the proposed Regulations, while also raising concerns about certain requirements and implementation. The proposed Regulations have been amended in response to public consultation to improve the clarity, operability and proportionality of the proposed regulatory framework.

The proposed Regulations introduce a mandatory Code of Practice for retirement village operators and proprietors, together with other measures that support compliance with the Retirement Villages Act 1986. For residents, the proposed Regulations are intended to strengthen protections, improve transparency, and support clearer, more consistent standards in areas such as operator and proprietor conduct, safety, dispute resolution and information handling. For operators and proprietors, the proposed Regulations provide a clearer regulatory framework to guide village operation and administration, support good practice, and promote greater consistency across the sector.

In response to feedback from the public and stakeholders, the proposed Regulations include the following key variations compared to the draft Retirement Villages Amendment Regulations 2026:

• refined definitions to improve clarity and reduce uncertainty;

• narrower drafting of some provisions to better target obligations and improve proportionality;

• clearer requirements relating to dispute resolution;

• clearer requirements relating to the handling of information;

• updated provisions relating to financial statements;

• revised emergency planning requirements to better protect confidential information; and

• deferred commencement for regulations introducing significant new requirements on the retirement village industry until 1 July 2027, including regulations 7, 10 and 11. These regulations relate to the new Code of Practice and requirements for keeping a retirement village safe.

After the proposed Regulations are made, they will become available to view or download from legislation.vic.gov.au.

A copy of this notice and a Statement of Reasons summarising the issues raised in consultation, and the rationale for the final form of the proposed Regulations, will also be published on Engage Victoria.

The Retirement Villages Amendment Regulations 2026 are proposed to come into operation on 25 November 2026, except for regulations 7, 10 and 11 which commence on 1 July 2027.