Inspections at retirement villages and penalties for non-compliance
Departmental inspectors conduct regular, random spot checks of retirement villages to ensure the retirement village industry is complying with the Retirement Villages Act 1999. These inspectors carry photo identification.
You must comply with an inspector's legal requests.
An inspector can enter an area if:
- the occupant consents
- they have a warrant
- it is a public place and they enter when it is open to the public
- it is an operator's place of business and is open for business or entry.
An inspector with a warrant can search any part of the premises, photograph or film any part of the premises, seize or take copies of documents, or take other people into the premises.
If an inspector asks, you must produce original documents and provide copies of documents. You must not obstruct an inspector in the exercise of powers given to them under the Act unless you have a reasonable excuse.
It is illegal to give the inspector documents with false or misleading information.
Penalties apply for providing false or misleading information and not otherwise complying with the Retirement Villages Act 1999.
This includes failing to:
- provide public information documents, village comparison documents and residence contracts
- register the retirement village
- establish and manage funds and trusts
- insure the retirement village correctly.
At a freehold village, operators might have to apply this Act in the context of other relevant legislation, such as the Body Corporate and Community Management Act 1997.