From 2 February 2026 the existing South Australian Retirement Villages Code of Conduct will be replaced with new Codes of Conduct for operators, village staff and residents setting out new and enhanced expectations and requirements.
What do the new Codes of Conduct mean for operators and village staff?
The Retirement Villages (Codes of Conduct) Amendment Regulations 2025 sets out the new Codes of Conduct.
The new Codes of Conduct introduce a new structure which comprises two aspects: the ‘good practice principles’ and the ‘requirements’, in addition to the existing but now enhanced consultation requirements on operators.
(1) Good practice principles
The good practice principles set behavioral expectations for residents, village staff and operators and substantially expands on the obligations in the existing Code of Conduct. A few examples of good practice principles for operators and village staff are:
to acknowledge in writing, within 10 business days, a request from a resident for repairs and maintenance of the retirement village and to include, where practicable, an estimated time within which action will be taken on the request;
to acknowledge in writing (which may be by email or text message or other electronic form of communication), within 10 business days, correspondence from a resident (or their appointed representative or agent) or prospective resident, and take action on matters raised in the correspondence where appropriate; and
on becoming aware of a hazard within the village, take reasonable steps to ensure that the retirement village is safe.
While it will not be an offence under the Retirement Villages Act 2016 (SA) if an operator or village staff do not comply with the good practice principles it is important that each are aware of the new expectations.
(2) Requirements
From 5 December 2026, if a requirement is breached by an operator, village manager or senior manager it will constitute an offence by that person or operator. Given this risk of an offence, the requirements are more specific and targeted at problematic behaviour.
Examples of the requirements on operators, village managers and senior managers under the new Codes of Conduct are:
not knowingly, or with reckless indifference, put the safety of a resident at serious risk;
not harass or intimidate a resident or prospective resident or a person acting on their behalf; and
not knowingly provide false or misleading information to a resident or prospective resident, including during marketing, dispute resolution and consultation activities.
For operators, the requirements extend further than those of village managers and senior managers, including restrictions on charging fees for the preparation or provision of certain documents and making changes to the surplus and deficit policy.
Commencement When does this apply and what are other key risk areas?
The new Codes of Conduct will commence on 2 February 2026, but the offence provisions will not commence until 5 December 2026.
Importantly, a key area of risk will be the requirement for operators to ensure village staff undertake the required training on the Codes of Conduct. The mandatory training on the Codes of Conduct will be specific training approved by the Minister.
Operators will have 12 months to ensure existing staff undertake the required training from 5 December 2026. New staff from 5 December 2026 will need to undertake the training before they commence. All staff will need to undertake the training every 3 years. The failure to comply with the training requirement will be an offence by an operator with a maximum penalty of $10,000. There are certain types of persons that are excluded from the training requirement for village staff under the Act.
In addition to the training, we suggest that operators review their current practices, policies and procedures to check for alignment with the good practice principles and consider revising where needed to increase alignment between the operator’s practices and the good practice principles.
Need help to navigate the changes?
Our compliance checklist can help you understand the changes affecting your operations and your next steps ahead of 2 February 2026.
If you wish to receive updates directly to your inbox, you can join our mailing list here.
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.