Since 2 February 2026 retirement village operators in South Australia have a new duty to ensure that the common areas of their retirement villages are reasonably safe.
What do operators need to have in place?
Operators will be familiar with the previous obligation under the Code of Conduct that they must take reasonable steps to ensure that the retirement village is safe and secure. The new Code of Conduct for operators includes a similar expectation in the good practice principles that an operator will, on becoming aware of a hazard in the village, take reasonable steps to ensure the village is safe.
However, the introduction of the new duty in section 43A of the Retirement Villages Act 2016 (SA) (Act) sets out substantially more onerous and detailed obligations on operators.
The three key aspects of the new duty are: emergency plans, prescribed safety information and safety inspections.
1. Emergency plan
As part of this new duty, operators must prepare and maintain an effective emergency plan for their retirement village and take reasonable steps to ensure residents and staff are familiar with the plan. The emergency plan must cover fire, floods and storms, earthquakes, significant power outages and natural disasters.
The Act sets out several requirements that the emergency plan must meet. Among other things, the plan must include:
how residents are to be alerted in the event of an emergency;
the roles of the operator, staff and residents in relation to an emergency; and
consideration of any specific hazards relevant to the common areas of the village (such as being in a bush-fire zone, flood plain or a multi-level building).
2. Safety inspections and ongoing review
Operators are also required to undertake safety inspections of communal areas and make a safety inspection report on the findings of each inspection available to residents. Both the emergency plan and safety inspections must be reviewed or conducted at the following times:
at least once every calendar year;
following any significant changes to the scheme or to premises or land; and
following an emergency that is covered by the emergency plan.
3. Prescribed safety information
Operators must clearly display prescribed safety information in communal areas in locations and in a manner that is readily accessed and viewed by residents and visitors. Prescribed safety information is defined under the Act and includes a map identifying locations and equipment relevant to emergencies and evacuation instructions that meet various criteria.
Additionally, the emergency plan and prescribed safety information must:
use text printed in a front size of not less than 12 points;
be provided to each residence within 10 business days of being published, including updates; and
be provided free of charge and within 10 business days, if requested by a resident.
Why compliance matters
It is important for operators to understand this new duty and to ensure they are compliant with the requirements. Failure to comply with the requirements is an offence with a maximum penalty of $20,000.
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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.
This publication has been prepared for general guidance on matters of interest only and does not constitute professional legal advice. You should not act upon the information contained in this publication without obtaining specific professional legal advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication and to the extent permitted by law, Cowell Clarke does not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting or refraining to act in relation on the information contained in this publication or for any decision based on it.