{"id":"sr:retirement-villages-infringements-regulations-2018","name":"Retirement Villages (Infringements) Regulations 2018","slug":"retirement-villages-infringements-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181516,"registerId":"vic-sr:retirement-villages-infringements-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Retirement Villages (Infringements) Regulations 2018","content":"Version No. 001\n\n**Retirement Villages (Infringements) Regulations 2018**\n\n**S.R. No. 188/2018**\n\nVersion as at  \n1 November 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definition 1\n\n6 Infringement offences and infringement penalties 1\n\nSchedule 1—Infringement offences and infringement penalties 3\n\n═════════════\n\nEndnotes 8\n\n1 General information 8\n\n2 Table of Amendments 10\n\n3 Amendments Not in Operation 11\n\n4 Explanatory details 12\n\n**Version No.** **001**\n\n**Retirement Villages (Infringements) Regulations 2018**\n\n**S.R. No. 188/2018**\n\nVersion as at  \n1 November 2018\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe infringement offences and corresponding infringement penalties for the purposes of the **Retirement Villages Act 1986**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 43 of the **Retirement Villages Act 1986**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 November 2018.\n\n\t4 Revocation\n\nThe Retirement Villages (Infringements) Regulations 2017[[1]](#endnote-1) are **revoked**.\n\n\t5 Definition\n\nIn these Regulations—\n\n***the Act*** means the **Retirement Villages Act 1986**.\n\n\t6 Infringement offences and infringement penalties\n\n(1) For the purposes of section 42B(1) of the Act, an offence specified in Column 2 of an item in Schedule 1 is prescribed as an infringement offence.\n\n(2) For the purposes of section 42B(3) of the Act, an infringement penalty specified in Column 3 of an item in Schedule 1 is prescribed in respect of the infringement offence specified in Column 2 of the corresponding item.\n\nSchedule 1—Infringement offences and infringement penalties\n\nRegulation 6\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| --- | --- | --- |\n| 1 | An offence against section 8(1) of the Act | 12 penalty units for a natural person<br>50 penalty units for a body corporate |\n| 2 | An offence against section 9(1) of the Act | 12 penalty units for a natural person<br>50 penalty units for a body corporate |\n| 3 | An offence against section 9(4) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 4 | An offence against section 16(7) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 5 | An offence against section 17(1) of the Act | 12 penalty units |\n| 6 | An offence against section 17(2) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 7 | An offence against section 18A(2) of the Act | 12 penalty units for a natural person<br>30 penalty units for a body corporate |\n| 8 | An offence against section 18A(4) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 9 | An offence against section 18B(2) of the Act | 12 penalty units for a natural person<br>30 penalty units for a body corporate |\n| 10 | An offence against section 19(1) of the Act | 12 penalty units for a natural person<br>50 penalty units for a body corporate |\n| 11 | An offence against section 19(2) of the Act | 12 penalty units for a natural person<br>50 penalty units for a body corporate |\n| 12 | An offence against section 19(4) of the Act | 12 penalty units for a natural person<br>50 penalty units for a body corporate |\n| 13 | An offence against section 20(3) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 14 | An offence against section 21(1) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 15 | An offence against section 21A of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 16 | An offence against section 25(8) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 17 | An offence against section 30(1) of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 18 | An offence against section 32B(4) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 19 | An offence against section 32B(5) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 20 | An offence against section 32E(1) of the Act | 6 penalty units |\n| 21 | An offence against section 32E(3) of the Act | 6 penalty units |\n| 22 | An offence against section 33 of the Act | 6 penalty units for a natural person<br>12·5 penalty units for a body corporate |\n| 23 | An offence against section 34(1) of the Act | 12 penalty units for a natural person<br>25 penalty units for a body corporate |\n| 24 | An offence against section 34(3) of the Act | 12 penalty units for a natural person<br>25 penalty units for a body corporate |\n| 25 | An offence against section 38A of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 26 | An offence against section 38E(1) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 27 | An offence against section 38E(2) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 28 | An offence against section 38E(4) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 29 | An offence against section 38E(5) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 30 | An offence against section 38F(1) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 31 | An offence against section 38F(2) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 32 | An offence against section 38F(4) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 33 | An offence against section 38F(5) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 34 | An offence against section 38G of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 35 | An offence against section 38H(1) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 36 | An offence against section 38H(2) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 37 | An offence against section 38I(1) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 38 | An offence against section 38I(2) of the Act | 7·5 penalty units for a natural person<br>15 penalty units for a body corporate |\n| 39 | An offence against section 38L(1) of the Act | 2·5 penalty units |\n| 40 | An offence against section 38L(3) of the Act | 2·5 penalty units |\n| 41 | An offence against section 38L(4) of the Act | 2·5 penalty units |\n\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Retirement Villages (Infringements) Regulations 2018, S.R. No. 188/2018 were made on 30 October 2018 by the Governor in Council under section 43 of the **Retirement Villages Act 1986**, No. 126/1986 and came into operation on 1 November 2018: regulation 3.\n\nThe Retirement Villages (Infringements) Regulations 2018 will sunset 10 years after the day of making on 30 October 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Retirement Villages (Infringements) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 116/2017.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available content, the regulations appear to serve their stated purpose as a procedural enforcement mechanism for the Retirement Villages Act 1986. There is no indication of scope creep or departure from original intent. The instrument is narrowly focused on infringement notices."},"complexity_factors":["Ancillary/subordinate legislation (regulations under a parent Act), which requires understanding the parent Act to fully interpret","Infringement notice schemes involve procedural steps across multiple pieces of legislation (e.g., Infringements Act 2006 in Victoria)","Limited document content provided makes full analysis impossible, adding interpretive uncertainty","Retirement village law itself (the parent Act) is moderately complex, but these regulations are a narrow procedural instrument"],"plain_english_summary":"These regulations establish an infringement‑notice (on‑the‑spot fine) scheme for breaches of the Retirement Villages Act 1986 in Victoria. They let authorised officers issue fines as a faster, lower‑cost alternative to court enforcement, affecting retirement‑village operators, residents and regulators. By enabling swift penalties for non‑compliance, the scheme aims to protect residents’ rights and provide a more efficient enforcement tool without replacing the option to contest a notice in court."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: prescribing infringement offences and penalties for the Retirement Villages Act 1986. The 2018 version simply updates the 2017 regulations without expanding scope."},"complexity_factors":["Only 6 regulations total, with most substance contained in a single schedule","Minimal defined terms — only one definition ('the Act')","No nested conditional logic or exceptions within exceptions","Straightforward tabular format for offences with clear cross-references to the parent Act","No complex procedural requirements or administrative mechanisms established","Essentially a lookup table mapping existing Act offences to specific penalty amounts"],"plain_english_summary":"These regulations create a system of on-the-spot fines (called 'infringement notices') for retirement village operators who break certain rules under the Retirement Villages Act 1986 (Victoria).\n\n**What this means in practice:**\n- Instead of dragging every minor violation through court, authorities can issue a fine directly to the operator\n- The regulations list 41 specific offences that attract these fines, ranging from failing to provide proper contracts to residents, to not maintaining required insurance, to various disclosure failures\n\n**Who it affects:**\n- **Retirement village operators** (the companies or entities running retirement villages) — they face the fines\n- **Residents** — benefit from stronger enforcement of their rights without lengthy court processes\n- **Consumer Affairs Victoria** — the agency that typically enforces these laws and issues the fines\n\n**Why it matters:**\nRetirement villages house vulnerable older Australians who've often invested their life savings. These regulations provide a faster, cheaper enforcement tool than court proceedings, theoretically encouraging better compliance with consumer protection rules. The fines differ based on whether the offender is an individual (natural person) or a company (body corporate), with companies generally paying higher amounts.\n\n**Key detail:** The fines are calculated in 'penalty units' (a standard way of setting fines in Victorian law). As of 2018, one penalty unit was worth $161.19, so a 12 penalty unit fine equals roughly $1,934."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2017 Regulations and re‑establishes a list of infringement offences and corresponding penalty units under section 42B of the Retirement Villages Act 1986 (reg 4; reg 6; Schedule 1). The text contains no provision that expands or narrows the regulatory mechanism: it continues to prescribe which Act offences attract infringement notices and how penalties are expressed, with monetary conversion handled via penalty units (Explanatory details)."},"complexity_factors":["Simple, tabular mapping of Act offences to penalty-unit amounts (Schedule 1; reg 6)","Differentiated penalties for natural persons versus bodies corporate across many items (Schedule 1)","Reliance on external instruments to convert penalty units to dollars (Explanatory details; Monetary Units Act 2004; Sentencing Act 1991)","Cross-references to multiple provisions of the Retirement Villages Act 1986 (Schedule 1 lists 41 items)","Administrative housekeeping: revocation of prior regulations and a statutory sunset noted in Endnotes"],"plain_english_summary":"These Regulations prescribe which breaches of the Retirement Villages Act 1986 are to be dealt with as infringement (on-the-spot) offences and fix the monetary penalties for each listed offence. They do this by listing specific Act sections and corresponding penalty units in Schedule 1 and revoke the 2017 Regulations (reg 4; reg 6; Schedule 1). The penalties distinguish natural persons and bodies corporate and are converted to dollar amounts by reference to penalty units (Explanatory details; Monetary Units Act 2004; Sentencing Act 1991)."}},"importantCases":[],"_links":{"self":"/api/acts/retirement-villages-infringements-regulations-2018","history":"/api/acts/retirement-villages-infringements-regulations-2018/history","analysis":"/api/acts/retirement-villages-infringements-regulations-2018/analysis","conflicts":"/api/acts/retirement-villages-infringements-regulations-2018/conflicts","importantCases":"/api/acts/retirement-villages-infringements-regulations-2018/important-cases","documents":"/api/acts/retirement-villages-infringements-regulations-2018/documents"}}