The Retirement Villages Act 2016 (SA) (Act) and the Retirement Villages Regulations 2017 (SA) (Regulations) have a number of upcoming changes which will have an impact on both residents and operators of retirement villages in South Australia. The updated Act and Regulations will officially commence on 2 February 2026, bringing with it new rights for residents and requirements which operators in this sector must comply with.
With the transition date approaching early next year, South Australian operators should begin preparing now.
What is changing?
The updated Act and Regulations will impact several areas of an operator’s current operational practice. Some of the key action items arising out the changes will require operators to:
• review and amend template Residence Contracts and template Disclosure Statements;
• prepare and put in place new policies;
• amend existing policies;
• amend onboarding procedures and information packs for residents;
• ensure procedures are aligned with new fees, charges and insurance requirements;
• conduct more frequent and comprehensive training for staff; and
• implement additional safety protocols at the village.
It is also beneficial that operators understand when such changes will apply and to whom. This is important as although many changes will only apply to residents entering a village post 2 February 2026, some changes to procedures apply retrospectively. For example, changes relating to recurrent charges and exit entitlements will apply retrospectively, whereas, in other cases, operators will remain bound by the terms of existing Residence Contracts.
How we can assist you
The upcoming changes to the Act and Regulations will require South Australian operators to make considerable changes in their operational practices. At Cowell Clarke, we are here to guide operators every step of the way. Between now and the end of the year, we will be releasing ongoing tips and guidance to help operators remain compliant in this space and begin preparation for the changes.
To help you get started, we have created a free Compliance Checklist that explores the key action items that operators will need to address. You can access our Compliance Checklist by clicking here.
If you wish to receive updates, you can subscribe to our mailing list.
The importance of compliance
Understanding and staying on top of the changes is particularly important as the Act and Regulations are introducing new penalties for non-compliance, including for many things that were previously not an offence or subject to penalties (i.e. misrepresentations about rights or having a non-compliant Residence Contract). Many penalties have also been doubled, including expiation fees.
Therefore, maintaining a strong compliance system and conducting frequent reviews is critical to avoid significant penalties.
This article is for general information only and cannot be relied upon as legal advice. The application of and obligations under the Act and Regulations will depend on the type of operator you are and the services you offer. Do not act on the basis of this document but seek specific advice from your legal adviser.
Cowell Clarke’s dedicated Aged Care and Retirement Living Team continues to work closely with operators and aged care entities to ensure their best possible outcomes are achieved whilst ensuring compliance.
For further information, please contact our Aged Care, Retirement Living and Health Team.
