Retirement Living Code of Conduct

January 2025

Code Summary

About the Code

The Retirement Living Code of Conduct is an industry initiative developed and supported by the Property Council of Australia, Retirement Living Council, and Ageing Australia.
It helps operators provide trustworthy, high-quality services for those living in or considering moving to a retirement community.

The Code focuses on the wellbeing of residents by prioritising fairness in marketing and sales practices, maintaining good relationships, ensuring transparency during move-out processes,
and strengthening complaints handling and dispute resolution.

It complements existing laws and supports the development of consistent, fair, and ethical standards across the retirement living industry.

Vision

Signatories to the Code share a vision to promote and protect the independence, privacy, dignity, happiness, and safety of older people by providing affordable housing and support services within a community environment.

Objectives

• Promote and protect the interests of current and future residents.
• Help implement regulation that creates consistent standards in marketing, sales, and operations.
• Provide industry leadership and encourage effective self-regulation that complements legislation.

Structure

The Code is organised into the following sections:

• A. General provisions
• B. Moving into the community
• C. Living in the community
• D. Leaving the community
• Administration

A. General provisions

• Act with integrity, professionalism, fairness, and transparency.
• Comply with all relevant laws and licensing requirements.
• Train staff to meet both legal and Code obligations.
• Monitor, audit, and maintain compliance with the Code.
• Promote the Code to residents and stakeholders via websites and printed copies.
• Maintain and follow a clear complaints-handling system.

Complaints process

Operators must:

• Manage complaints respectfully and proactively.
• Maintain written policies and escalation procedures.
• Advise residents of their right to refer complaints to the Code Administrator, mediation, or regulators.
• Provide written responses promptly and keep residents informed.

B. Moving into the community

• Provide clear, accurate, and honest marketing and sales information.
• Encourage prospective residents to seek independent legal advice.
• Use transparent contracts with easy-to-understand fee structures.
• Disclose community rules and policies on pets, parking, guests, and facilities.
• Ensure new homes are well presented and that new residents receive a full orientation and induction.

C. Living in the community

• Maintain appropriate and effective service arrangements.
• Encourage resident feedback and continuous improvement.
• Consult residents on significant changes to policies or facilities.
• Ensure privacy, safety, and independence are respected.
• Train and support staff to provide quality service and care.
• Maintain written policies on safety, maintenance, and property management.

D. Leaving the community

• Communicate clearly and respectfully with residents and representatives throughout the exit process.
• Clarify reinstatement, upgrade, and resale processes in contracts.
• Keep outgoing residents informed about sale progress and valuation.
• Ensure exit entitlements are paid within the agreed and lawful timeframes.

Administration

Code Administrator

• Implements, promotes, and monitors Code compliance.
• Maintains registers for Signatories, Registered Communities, complaints, and breaches.
• Investigates breaches and applies sanctions.
• Reports regularly and refers matters to the independent Code Review Panel.

Code Review Panel

• Provides independent oversight and review of the Code.
• Comprises at least three members, including a resident representative, an operator representative, and an independent Chair.
• Reviews amendments, monitors compliance, and hears appeals against sanctions.

Complaints and dispute resolution

The Code promotes a transparent and accessible complaints management framework, in line with AS/NZS 10002:2014 – Guidelines for complaint management in organisations.

• Complaints should first be addressed within the community wherever possible.
• Escalation to external independent mediation is available if unresolved.
• Residents and operators can also seek recourse through statutory authorities.

Independent dispute resolution services

Publicly funded mediation services are available in each state and territory:

• NSW: Community Justice Centres
• QLD: Dispute Resolution Centre
• VIC: Dispute Settlement Centre of Victoria
• SA: Courts Administration Authority Mediation Unit
• WA: Citizens Advice Bureau WA
• ACT: ACT Civil and Administrative Tribunal
• NT: Community Justice Centre NT
• TAS: Advocacy Tasmania

Legislative framework

The Code coexists with all state and federal laws governing retirement living, including:

• Federal: Competition and Consumer Act 2010, Work Health and Safety Act 2011, Aged Care Act 2024.
• ACT: Retirement Villages Act 2012, Residential Tenancies Act 1997.
• NSW: Retirement Villages Act 1999, Residential Tenancies Act 2010.
• VIC: Retirement Villages Act 1986, Residential Tenancies Act 1997.
• QLD: Retirement Villages Act 1999, Manufactured Homes (Residential Parks) Act 2003.
• SA: Retirement Villages Act 2016, Residential Tenancies Act 1995.
• WA: Retirement Villages Act 1992, Residential Parks (Long-stay Tenants) Act 2006.
• TAS: Retirement Villages Act 2004, Residential Tenancy Act 1997.
• NT: Retirement Villages Act 2016, Caravan Parks Act 2015.

Contact

For more information, please contact the Code Administrator: admin@rlcode.com.au