On 30 November 2018, the long-awaited new prescribed disclosure forms for Queensland retirement villages - and the new Regulation which supports them - were released by the Department of Housing and Public Works (Department). The new forms, Regulation and associated legislative amendments will commence operation on
1 February 2019.
The new forms released are:
Copies of the new forms can be found here.
The new Retirement Villages Regulation 2018 (Regulation), which will repeal and replace the existing Retirement Villages Regulation 2010, can be found here.
Important points to note regarding these changes are as follows:
To date, the Department has only released the new forms in PDF format (with editable fields). The Department has refused an initial request to make the forms available in Microsoft Word format, which would allow operators greater flexibility when completing the required information. We have requested this issue be escalated within the Department.
Unfortunately, the new forms are inconsistent with the Regulation and the Retirement Villages Act 1999 (Act) in a number of respects. Accordingly, by using the new forms (as currently released), operators risk non-compliance with the Regulation and/or the Act, which could result in residence contracts entered into on or after 1 February 2019 being set aside by QCAT. Assuming the Department agrees to correct these errors and release replacement forms, this will further exacerbate the time pressure on operators created by the Department’s 1 February 2019 deadline. Various stakeholders have urged the Department to reconsider this deadline.
In the meantime, retirement village operators should, if they have not already done so, begin reviewing their template documents and procedures, and seek assistance from their professional advisors.
If you wish to discuss this article or any other retirement village issues in more detail, please contact Stuart Lowe.
This article was written by Stuart Lowe, Partner, and Tayla Gorman, Solicitor
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