Information for Residents

NCAT – John Murphy and his assistance dog Rex

ATTENDANCE AT NCAT BY RVRA MEMBERS

This Hearing is now DEFERRED – Date to be ANNOUNCED

On DATE to be ANNOUNCED, 2017 NCAT will hear an important appeal case that has arisen in the Retirement Village industry. The case is being heard on Level 7, John Maddison Tower, 86-90 Goulburn Street, Sydney, and is due to start at 10.00 am.

The appeals deals with and elderly resident, John Murphy who seeks to have his assistance dog Rex remain with him at his village in Watsons Bay, Sydney. The Operator of the village is The Trustees of Catholic Aged Care Sydney.

This is another very important case and your support by attending would be appreciated. As well it is good publicity as the Greiner Inquiry into retirement villages continues. This is another way of our voice being heard.

You may remember this case being on TV as well as the Daily Telegraph and Wentworth Courier. It has generated some media interest. We are hopeful that they will be present on Monday.

As with previous NCAT cases that the RVRA has sought member support there is no guarantee that all attendees can be accommodated. NCAT senior management have been made aware of the public interest in this case so it is not too big an ask that appropriate arrangements have been made.

Looking forward to seeing you there next Monday.

Office of Fair Trading advice on the Greiner Inquiry submission process

Submissions acknowledgement of the online submission form and written submissions

The Inquiry has received a number of written and online submissions over the last month.

Please note that the process for acknowledging submissions is not automated and those who have already made a submission will receive a confirmation email from the secretariat in the coming days.

Going forward, those making a submission to the online submission form should expect to receive confirmation within 7 days. If you don’t receive a confirmation email within this timeframe, please contact the Secretariat.

The process for paper copies of the submission form

Members of the public can request a printed version of the submission form by contacting Fair Trading by phone on 02 9895 0297 or by emailing the secretariat at

If a member of the public would like to send in their completed submission form by post Fair Trading will provide them with a unique reference number to write on the front of their paper form.

The reference number is only required for submission forms that are to be returned by post or email.

This will help to ensure that genuine copies of the submission form are received by the Inquiry.

Some members of the public have requested a copy of the form simply to assist them in preparing their online responses. The secretariat can email or post a copy for this purpose.

Written submissions received by post do not require a reference number.

Emailed or posted submissions need to be received by the Inquiry by 31 October to be considered.

Post to:
Retirement Villages Inquiry
Better Regulation Division,
Department of Finance, Services and Innovation
McKell Building, 2-24 Rawson Place
SYDNEY NSW 2000

Or email a scanned copy to the secretariat at 

 

 

Greiner Inquiry into NSW retirement villages (Updated)

As part of its four-point plan to improve retirement village living, the NSW Government has commissioned Kathryn Greiner AO to lead an inquiry into the NSW retirement village sector.

The inquiry will review the protections offered to residents, and ensure that Fair Trading has the necessary powers to make sure retirement village operators are complying with the law.

A copy of the Terms of Reference for the inquiry in PDF format are available HERE

Hot Links to the Inquiry:

Inquiry Information:

Full details of the announcement and ongoing information will be found on the Fair Trading Inquiry webpage.

Visit the Inquiry webpage on the Fair Trading website.

Online Submission Form:

The submission form will take around 30 minutes to complete The questions are optional, you may answer as many or as few questions that you wish.

Make an online submission to the NSW Inquiry into Retirement Villages.

Community Forums:

Residents and members of the community are invited to attend a consultation forum to discuss their concerns at locations across the State. Forums will be held in Sydney, Hornsby, Ballina, Port Macquarie, Newcastle, Wollongong, and Wagga Wagga during October 2017. Don’t delay – do it today!

Register for your free seat to a community forum here.

Select Retirement Village Inquiry Community Forum
in the Search by topic drop down list

 

The Retirement Villages Regulation 2017

“The Retirement Villages Regulation 2017 replaces the Retirement Villages Regulation 2009 effective from 1 September 2017 and features numerous changes intended to improve the operation and administration of the Retirement Villages Act.  The Regulation was developed by the Department of Finance, Services and Innovation in conjunction with key stakeholders, including RVRA.

“The key changes are as follows:

  • requiring copies of a village’s insurance policy documents be available to residents;
  • a new ‘average resident comparison figure’ in the Disclosure Statement to facilitate more effective comparison between villages;
  • reducing the maximum amount payable for an operator’s legal and other expenses to $50;
  • adding new matters for which village rules can be created, including smoking in communal areas;
  • requiring clearer information in annual budgets around head office expenses
  • lowering the maximum amount allocated for contingencies to $1
  • prohibiting additional matters that cannot be financed by recurrent charges
  • simplifying the process for allowing residents to hold office on a residents committee for longer than three years; and
  • allowing service of documents by electronic means.

“The full Regulation can be found at:

www.legislation.nsw.gov.au/#/view/regulation/2017/485

“RVRA is disappointed that not all of its proposals for change were adopted, but appreciates that those that were are welcome enhancements to the regulatory framework governing retirement living.”

New NSW Fair Trading online calculators launched

Estimated cost calculator introduced amid crackdown on retirement village sector

 By: Lucy Cormack

Prospective residents of retirement villages will be able to calculate the estimated costs of moving into a village before signing a contract, with the launch of a new online calculator by NSW Fair Trading on Tuesday.

Minister for Better Regulation Matt Kean said the online calculator would allow residents to “compare village prices and ultimately ensure they’re not getting ripped off by unscrupulous operators”.

Read Lucy’s article HERE.

Access the Retirement Village Calculators HERE

Notice of 2017 AGM & Special Resolution & Postal Ballot (Update)

Retirement Village Residents Association (Inc)

NOTICE OF ANNUAL GENERAL MEETING
Thursday 28th September 2017 at 10:00am
At Hornsby RSL Club 4 High Street, Hornsby 2077
The minutes of the 2016 AGM are available HERE

Morning Tea will be provided at 9:30am

To assist with catering and seating, any member who will be attending:
Please RSVP by 21st September, 2017 in one of the following ways:

Email to:
Post to: The Secretary, RVRA, PO Box 3349 Asquith NSW 2077
Phone: 1300 787 213

Retirement Village Residents Association Inc
Notice of Special Resolution

Notice is given that it is proposed to submit to the annual general meeting of the Association to be held on 28th September 2017 at the Hornsby RSL Club, the following special resolution:

1. That the Association replace its existing constitution with the model constitution prescribed by Clause 11 and Schedule 1 of the Associations Incorporation Regulation 2016, as amended by the
RVRA Management Committee at its meeting on 18th May and 17th August 2017.

2. That the Secretary make the necessary application to the Commissioner for Fair Trading pursuant to section 10 of the Associations Incorporations Act 2009 for registration of the
change to the Association’s constitution.

The RVRA’s existing constitution and the proposed replacement constitution can be examined on the RVRA website at rvra.org.au. Alternatively, copies of these documents can be obtained on request to the Association’s administrative assistant:

by telephone – 1300 787 213 or
by email –

Copy of Existing Constitution

Proposed RVRA Constitution

Ballot Papers & Additional Change

At the RVRA Management Committee meeting on 17th August 2017 an additional change to Clause 7 (Register of Members) of the Proposed RVRA Constitution. Ballot papers specially printed with an individual identification on each one and details of the additional change have been posted to all RVRA Members.

Completed ballot papers MUST be returned to:

The Returning Officer, RVRA, PO Box 3349 Asquith NSW 2077

by the close of Business 20th September 2017.  

Victorian Government Response to Retirement Housing Sector Inquiry

VICTORIAN INQUIRY INTO RETIREMENT HOUSING SECTOR

On February 24, 2016, the Legislative Council of the Victorian Parliament agreed to a motion that the Legal and Social Issues Committee inquire into the operation and regulation of the retirement housing sector, with the aim of identifying opportunities for improvement and reform.

The Committee issued the report on its Inquiry on March 7, 2017. The report included 15 recommendations, 13 of which were directed to the Victorian Government.

If a Committee’s report recommends that the Government take particular action, the appropriate Minister must provide the Council with a Government response to the committee’s recommendations within six months of the report being laid before the Council.

The response is well worth a read and will provide food for thought in light of the Greiner Inquiry.

Download a PDF copy of the response HERE

 

Retirement Village Reforms To Put Consumers First

Following up on his earlier announcement, the Minister for Innovation and Better Regulation, Matt Kean and the Minister for Ageing, Tanya Davies, have issued a joint media release on retirement village reforms.

“The NSW Government is putting power back in the hands of retirement village residents under a new package of reforms announced today.”

The package includes a four point plan which includes an inquiry that will make sure residents have the protection they deserve.

Minister Kean said “Kathryn Greiner AO will head the (an) inquiry, which will examine all registered retirement villages across NSW, and their compliance with the Retirement Villages Act 1999.”

To download a PDF of the Media Release – Click HERE

To view the Media Release online – Click HERE

 

 

Calls for action on retirement villages grow louder

Adele Ferguson continues her series of articles on the current state of the retirement village industry in the Sydney Morning Herald.

In December 2014, months after he stepped down as Premier of NSW, Barry O’Farrell wrote to a group of residents at a retirement village telling them he “remained of the view that a parliamentary inquiry was required” into the multi-billion dollar retirement village sector.

He said a parliamentary inquiry was the best vehicle to investigate the sector as it would be public, involve MPs from various parties, under the Parliament’s rules, and its recommendations would have to be publicly responded to by the government within three months.

“I regret that largely due to the winding up of the parliament’s sittings I have been unable to secure such an inquiry,” he said.

Fast forward to now and almost 2000 residents of retirement villages in NSW signed a petition calling for an industry ombudsman and other reforms. So far this has fallen on deaf ears

The ACCC, for its part, has launched an inquiry that it says will look at some of the more serious allegations being raised, including whether contracts are unfair and unconscionable.

Gerard Brody, the chief executive of Consumer Action Law Centre, recently said the retirement living contracts were some of the worst contracts he had seen across many different industries – even worse than complex financial services.

Read Adele’s full article HERE.

New plan puts consumers first

17 July 2017

Consumers are at the heart of a new plan announced today by the NSW Government.

Minister for Better Regulation Matt Kean said Consumers First was a package of reforms and initiatives that would put everyday people front and centre.

“Whether it’s dodgy real estate agents or reckless retirement village operators, I’ve had enough of consumers being taken for a ride,” Mr Kean said.

Read the full text of the media release HERE

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