President's Message with Retirement Villages Regulation update
Snippets from the Board
In case you missed it ...
Additions to Units - update
A Seniors Rights Service Case Study
RVRA Enquiry Trends 2024
Free Webinars - What the new Aged Care Act will mean for you
Safer Internet Day
Compass Topics - Stay Safe Online - Scamwatch
Help Support your Association
RVRA Supporters
Dear Members and Residents
Welcome to the first bulletin of 2025. I trust that you have all made much of the festive season and I wish you all a happy, healthy and successful 2025.
Your Board members and staff have also had a break and are winding ourselves up for what promises to be a very challenging year.
The Department of Fair Trading’s proposed changes to the Retirement Villages Regulation 2017 have now been published for public consultation at - https://www.haveyoursay.nsw.gov.au/retirement-villages-regulation. I would recommend that you have a look at these recommendations, which have been drafted after extensive consultation with stakeholders in the retirement village sector – including the RVRA. That is not to say that we are satisfied with the resulting document and we will be making further submissions.
We are also in communication with the Department and its Commissioners with regard to any changes that we would suggest to the Retirement Villages Act itself – as a result of our discussions and input into the Regulation. One would hope that this year we may see some action regarding sub-cpi budgets and dispute resolution and other matters which we have been pursuing on your behalf for several years.
I mentioned that this year will be challenging. It will be especially so for the Board members.
Our immediate challenge – the available time, number and experience of the members of the Board.
As you are aware we currently have room for 12 board members plus the immediate past president – 13 in total.
I have to advise you that – due to illness or other factors - we currently have only 6 active board members and so far have not been able to attract any interest from our membership to add to that number.
As a result, we have needed to rearrange our priorities and extend the level of involvement by the current Board members in the activities of your Association.
In that regard, I am sure that you will understand that we may no longer be able to respond to your enquiries as promptly as previously. Furthermore, we will now be dealing with essential matters in priority to less – but still important – queries.
We ask for your patience and support as we attempt to cope with providing advice and support to our members as well as maintaining the role of advocacy for residents in this sector.
We have previously mentioned that we need new board members – especially in the areas of IT, finance, and education. Above all we need members who are keen and willing to learn about the legislation and the many issues that can and do arise within a village. Understandably many of you have other commitments and being a member of the Board does require a significant time commitment that may not fit with your other activities.
We can only promise a mentally stimulating and rewarding experience if you do wish to consider that you would be able to contribute to our resources.
If you would like to discuss the opportunities, please do not hesitate to contact myself or another Board member.
In the meantime – enjoy reading the excellent articles in this bulletin.
Cheers.
Craig Bennett
President
After a relaxing few weeks over the Festive Season enjoying a quiet time with family and friends, the Board and Staff have returned and planning for 2025 is progressing. The first Board Meeting of the New Year was held on the 23rd of January.
During December we held meetings with Fair Trading, the Seniors Rights Service, the Council on the Ageing and various Operators. January was very quiet.
Members Enquiries
Board members answered 30 enquiries from members covering 47 categories in November. The largest number of calls were about Residents Committees and Management (10). In December we answered 29 enquiries covering 49 categories with the largest number of calls being about Legal and Legislation (12).
Your enquiries are passed on to Board members to answer by our Calls Operator, Cathy, on 1300 787 213 (option 1), or by emailing calls@rvra.org.au. They are then distributed to the Board members who spend considerable time researching the enquiry and talking to the member before offering suggestions and advice. The RVRA Board considers the service we give our members in answering their enquiries is of great value.
In this Bulletin we present an analysis of the trends and topics or categories covered during member enquiries during 2024. With the Budget season looming, it makes interesting reading.
However, as you will have noted in Craig’s introduction to this issue of the Bulletin, the number of Board members has decreased to 50% of our full strength so we have only 6 Board Members answering enquiries, attending meetings, writing material, visiting villages and working on Education Centre Workshops, videos, material, etc. We are all volunteers, and we need more help. While it does take time for new Board members to “get up to speed”, the work is very rewarding; but if you don’t feel you can give time as a Board Member, you might like to act as a volunteer in IT, Finance, or Education.
Village Visits
We have visits planned for the remainder of the year, several January visits have already taken place and February visits are already scheduled! If you wish your village to be included in the Village Visit schedule, please contact Cathy on 1300 787 213 (option 1) if you have not already done so.
With few Board members who can cover Regional NSW, we are emphasising that some village visits can be conducted via zoom, as can Residents Committee Workshops.
Q&A correction
A correction to the answer to Q1 in the Christmas 2024 Bulletin edition. Registered interest holders do not share the costs of refurbishments. The answer should read:
“Registered interest holders (see definitions: s7) share the costs of the sale with the Operator, in the same proportion (if any) as they are to share any capital gains on the sale in accordance with their contract (s170).”
Life in a Retirement Village
The 2024/25 video series is continuing production and the first video “Why Choose a Retirement Village” can be viewed here...
2024 - RVRA Year in Review
Please read below...
Important Survey Reports
Click links here:
NB: If you cannot click through to these links please visit our website:
Retirement Living Council
Fair Trading
Seniors Rights Service
DCM Institute
Other State Retirement Village Residents
Associations
Various Retirement Village Operators
20242024
Year in ReviewYear in Review
Industry Meetings on Advocacy Issues
NSW State Government
Office of the Minister for Better Regulation and Fair Trading –
the Hon Anoulak Chanthivong.
Minister for Seniors – the Hon. Jodie Harrison
Shadow Minister for Fair Trading – Mr Tim James MP
Commissioner for Fair Trading – Natasha Mann
Commissioner for Strata and Property Services
Greens Legislative Assembly member - Tamara Smith (portfolio
for older persons)
RVRA Education Centre
3rd Annual RVRA Village Budget
and AMP Survey
National RVRAs Survey
Residents Committee Project
Leaflet
Manuals
Workshops
Major Events
ACCPA Forum
Property Council Forums
Retirement Living Council Summit
DCM Village Summit
DCM Leaders Summit
T: 1300 787 213 I E: admin@rvra.org.au I www.rvra.org.au | Dec 2024
The Ageing and Disability Commission
New South Wales Civil and Administrative
Tribunal (NCAT)
NSW Council on the Ageing (COTA)
Owners Corporation Network
Strata Community Association
Tenants Union of NSW
Ministerial Advisory Council on Ageing
Finance and Budgets Project
Budgetary Process
Living in a Retirement Village Video Series
Video 1: Why Choose a Retirement Village?
Surveys & Reports
In our Bulletin of November 2022, there was an item that provided some inaccurate information regarding the treatment of structures added to leased (not Strata) apartments in retirement villages, and this article is to provide our current view of the situation.
Please bear in mind that the RVRA Board are not lawyers and are unable to give legal advice and therefore this is only our analysis of how these situations would be treated by a court of law.
The November 2022 article discussed significant external additions to units made at resident cost to leased units (for example, awnings and solar panels) and those that were less significant (for example, external blinds that could easily be removed). It did so to differentiate between items that “are considered to be an integral part of a unit” and those that are not. It then suggested that if the additions were “considered to be an integral part”, then the Operator assumes ownership of the asset immediately, and repairs and maintenance to these items would be treated as a village budget cost. For items “not considered to be an integral part” ownership stays with the resident and repairs and maintenance costs would be met by the resident. We believe that this view of the situation is not correct in most cases.
Under the Act a resident who wishes to make a fixed addition to an operator’s asset must seek the operator’s consent – and that consent will usually be given with conditions. Such conditions usually would include that the addition be removed and the asset restored on vacation of premises and that all repairs and maintenance be at the resident’s expense.
All additions made and paid for by residents in leased premises are treated in the same way – that is, ownership remains with the resident and any repair and maintenance cost is to be borne by the resident until such time as the resident leaves or the addition is removed. On sale of the lease the resident may be required to remove the addition (this is usually a condition of the required approval to make the change) but if it remains, in most cases – and this is at the operator’s discretion- it becomes the property of the Operator at sale and any ongoing costs become part of the village budget.
The decision to assume ownership or not is entirely one for the Operator, and we are aware of some cases where this hasn’t happened, and liability for ongoing repair and maintenance is retained by the new resident. Typically, this has occurred where the addition is solar panels (and battery where installed) and the decision by the Operator to not take ownership (and thus any ongoing cost) was because the Operator considered there to be no benefit to other village residents and so any ongoing cost should remain with the residents that get the benefit.
This raises another issue – that of insurance of the asset when the resident doesn’t hold building insurance cover. Research into options has shown that multiple insurance companies provide the equivalent cover to residents in Strata within their Contents policies, and at least one company has confirmed that it would be quite happy to include such an asset under fixtures and fittings within a Contents policy for a leased unit in our context. They would do so on the basis that in both cases, the asset is being attached to common property (in Strata it is being fixed to the roof, which is not owned by the Strata holder, and the same applies in leased) and should be treated the same.
In closing, can we apologise once again for the inaccurate information provided by the RVRA in November 2022, and thank the resident that brought this to our attention.
John Rosewarne
RVRA Treasurer
Seniors Rights Service Retirement Village Legal Service solicitors provide legal advice on retirement village issues to current, former and prospective residents of retirement villages in NSW.
See below for a summary of one of the retirement village case studies.
John and his wife, Toula, were keen swimmers. So when they inquired about moving into a retirement village, they were delighted when the onsite sales representative gave them a disclosure statement that said an in-ground swimming pool would be among the facilities to come.
Pleased to have the convenience of an onsite pool, John and Toula moved into the village and waited for the staged development to proceed. But five years after the pool was supposed to have been constructed, the couple were still waiting.
Eventually, following on-going correspondence from John and other residents, and then from Seniors Rights Service on behalf of John, the operator advised it had no intention of building the swimming pool. We prepared an application to the NSW Civil and Administrative Tribunal (NCAT) for an order seeking compensation for John for the lack of the promised pool.
Reprinted with SRS permission
Contact the Retirement Village Legal Service to discuss your issue or request an information session 02 9281 3600.
PO Box 3349 Asquith NSW 2077
RVRA Enquiries during 2024
The RVRA answers between 400 and 500 calls each year from our members seeking advice and support. Members
calls to the RVRA Enquiry line or by email are answered by our friendly administration staff member Cathy who
then passes the query on to a Board Member. The Board Member researches the query then contacts the member
to discuss and suggest a course of action.
During 2024 we responded to 425 enquiries (Figure 1). We found that the number of enquiries increased from a
low of 22 in January to a maximum of 54 in May.
A similar pattern can be seen in Figure 2 which compares the monthly enquiry numbers over the past 3 years 2022
to 2024.
Webinars - What the new Aged Care Act will mean for you
Do you have friends or relatives who are at this stage in their life?
Two important free events this month can help you navigate the changes in aged care.
Find out how residential care fees will change under the Aged Care Act from 1 July 2025 at this free webinar from the Department of Health and Aged Care.
Presenter: Susan Trainor – Assistant Secretary, Contributions and Accommodation Reform, Department of Health and Aged Care.
Tues Feb 11 | 2:00 pm to 3:00pm AEST | Free, Register - HERE.
The Federal Department of Health and Aged Care develop and deliver policies and programs and advise the Australian Government on health, aged care and sport. We work with a wide range of stakeholders to ensure better health for all Australians.
OPAN - What the new Aged Care Act will mean for you
Speakers: Beverly Baker, OWN National President and Samantha Edwards from the Older Persons Advocacy Network.
Tues Feb 25 | 12:00 AEST | Free, register > HERE.
OPAN is funded by the Australian Government Department of Health and Aged Care and provide free, independent and confidential support to older people receiving government-funded aged care.
* thank you to Older Women’s Network NSW for highlighting these events in their newsletter.
Led by the eSafety Commissioner in Australia, Safer Internet Day provides a valuable opportunity for us to come together to champion online safety.
We rely on the internet for almost everything in our lives, so online safety is more important than ever. Here are ways you can get involved:
Visit the Safer Internet Day hub and find resources to help you get involved and promote online safety, not just on the day but all year long.
Watch the Safer Internet Day video and discover our 5 top tips to help make the internet a safer, more positive place for all.
Let a friend know about how Be Connected can help them build their digital skills and keep safer online. https://beconnected.esafety.gov.au/
Recent Topics
Restoring control after a dementia diagnosis - Australian research shows a new approach may better support people when they find out they have mild cognitive impairment or mild dementia.
Carer stress and abuse - help when looking after an older person with practical and emotional challenges.
Free online learning
Get the most out of going online.
- Staying safe on Facebook - Tuesday 11 February at 3pm
- Apps for smarter travel - Tuesday 18 February at 3pm
- Technology and your health - Thursday 20 February at 3pm
National Anti-Scam Centre
The National Anti-Scam Centre, run by the ACCC, brings together experts from government, law enforcement and the private sector to disrupt scams before they reach consumers.
3 simple steps can help keep us all safe from scammers -
Stop. Check. Protect.
We understand that everyone is impacted by the cost of living crisis, however, we ask if you can help in ensuring that the RVRA will be able to continue its vital work in supporting retirement village residents.
We are fortunate to have a strong volunteer board, with experienced RV residents who devote hours to understanding and assisting with our members’ needs.
None of this would be possible without our membership subscriptions, government grants and thoughtful donations.
We invite you to support our vision of ensuring a fair and affordable retirement living experience for all NSW retirement village residents by making a tax-deductible donation if you can.
So, to give us a more sustainable future: https://www.rvra.org.au/donate
On behalf of the RVRA Board - thank you for your ongoing support.
Kind regards
Craig Bennett
RVRA President
The RVRA appreciates the support of the following professional services organisations.
To become a Supporter of the RVRA, contact us.