The Retirement Villages Act & Regulations

Published on 24 November 2025 at 16:14

Summary of the NSW Retirement Villages Act 1999 and Regulations

Resident Protection Provisions – Explained in Plain Language

1. Overview of the NSW Retirement Village Legal Framework

The Retirement Villages Act 1999 (NSW) (“the Act”) and the Retirement Villages Regulation 2025 (“the Regulation”) form the primary legislative framework governing retirement villages in New South Wales.

The core objectives of the legislation are to:

  • Protect the rights and interests of residents.

  • Ensure transparency and disclosure by operators.

  • Provide clear rules for village management.

  • Establish dispute resolution pathways.

The legislation applies to all registered retirement villages that provide accommodation under a “village contract,” including long-term leases, licences, and strata/land lease arrangements where services are offered to retired persons.

2. Resident Protection Provisions – Section-by-Section

2.1 Resident Autonomy, Dignity and Privacy

Section 66 – Protection of Residents
The operator must not interfere with a resident’s peace, comfort or privacy. The operator must also allow residents to make their own decisions regarding their personal, lifestyle and financial matters.
Plain English: Residents remain fully in control of their own lives. Operators cannot harass, pressure, or dictate how a resident lives or spends their money.

2.2 Entry into a Resident’s Premises

Section 67 – Restrictions on Entry
An operator or authorised person may only enter a resident’s home in limited circumstances, such as:

  • With the resident’s consent;

  • In an emergency;

  • For urgent repairs;

  • For general maintenance (with at least 7 days’ notice);

  • For inspections conducted under specific rules.
    Plain English: Operators cannot enter a resident’s home whenever they like. Privacy is strongly protected, and notice is generally required.

2.3 Appointment of an Agent for Communication

Section 68 – Appointment of an Agent
A resident may appoint a third party to receive information and notices on their behalf. The operator cannot require that they or their associates be appointed.
Plain English: Residents can choose who handles official communication—useful for family involvement or legal representation.

2.4 Access to Goods and Services

Section 63 – Freedom to Use External Service Providers
Operators must not restrict a resident’s right to purchase goods or services from providers of their choosing.
Plain English: Residents may use their own cleaners, carers, meal services, or tradespeople. The village cannot force residents to use preferred providers unless required for safety or compliance.

2.5 Restrictions on Power of Attorney

Section 64 – Prohibition on Requiring Power of Attorney
Operators cannot require a resident to give them (or associates) power of attorney.
Plain English: Residents cannot be pressured into handing over legal or financial control.

2.6 Resident Committees, Voting and Meetings

Sections 74–76 – Resident Meetings and Participation
Residents have the right to hold meetings, vote on village matters, and form resident committees.

Sections 77–78 – Proxy Voting Rules
Operators cannot accumulate voting power through proxies to influence resident decisions.
Plain English: Residents have a real voice in village decisions. Operators cannot manipulate voting outcomes.

2.7 Transparency and Accuracy of Information

Section 197A – Prohibition on False or Misleading Information
Operators must not provide false, misleading, or incomplete information to prospective or current residents.

Section 197B – Disclosure of Relevant Village Information
Operators must disclose key data about the village, as prescribed by the Regulation.
Plain English: Residents and incoming residents must receive truthful, accurate information about the village’s financial and operational status.

2.8 Protection of Personal Information

Section 200 – Privacy of Resident Information
Personal information collected under the Act cannot be improperly used or disclosed.
Plain English: Resident data must be kept confidential, with only limited lawful exceptions.

2.9 Reduction of Services or Facilities

Section 61 – Services Promised “For Life”
An operator cannot withdraw or reduce services or facilities that are required to be provided under a development consent.

Section 62 – Tribunal Powers
If an operator improperly withdraws a service, NCAT may order reinstatement, compensation, or reduction of recurrent charges.
Plain English: Operators cannot simply cut back promised facilities. Residents can obtain compensation or restoration if services are removed.

2.10 Village Closure and Resident Relocation

Section 136 – Closure of a Village
If a village or part of a village is to close, strict procedures apply, including:

  • Long notice periods;

  • Required disclosure;

  • Resident consultation;

  • Tribunal involvement for disputes and compensation.
    Plain English: Residents are protected during village closures, with guaranteed rights to fair treatment and relocation support.

3. Additional Governance and Enforcement Protections

3.1 Dispute Resolution through NCAT

Residents can apply to the NSW Civil and Administrative Tribunal (NCAT) to resolve conflicts regarding breaches of the Act, services withdrawn, contract disputes or resident rights.

3.2 Appointment of a Statutory Manager

Where a village is mismanaged, financially at risk, or unsafe, an application can be made to appoint a statutory manager to protect residents and stabilise operations.

3.3 Financial Transparency – Capital Maintenance and Reporting

The Regulation requires detailed annual capital maintenance reporting by operators, improving transparency around major works, repairs, and financial management.

3.4 Notices and Electronic Communication

The Act permits service of official notices via email where agreed, modernising communication and improving traceability.

4. Why These Protections Matter

The Act embeds a consistent principle: residents must be treated with dignity, autonomy and respect.
Key protections ensure that residents:

  • Maintain control over their private and personal decisions;

  • Receive transparent and truthful information;

  • Have safeguards against mismanagement and misconduct by operators;

  • Have access to independent dispute resolution;

  • Can rely on promised services and facilities;

  • Are protected during major changes such as village closures.

These protections form the backbone of consumer rights within the NSW retirement living sector and are essential for maintaining trust, fairness and resident wellbeing.

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