Retirement Villages (Records and Notices) Regulations 2025

Several core concepts structure the Regulations. Each concept maps to a precise regulatory obligation and to a target actor.

• Disclosure statement content (regulation 6). The Regulations define “prescribed matters” for the disclosure statement required under the Act. The concept is a compliance checklist: the disclosure must include an orientation statement, statutory basis, and an advice-to-seek-independent-advice statement, plus quantified financial detail on entry payments (regulation 6(a)-(e)), departure liabilities and entitlements (regulation 6(f)-(g)), and projected refundable entitlements at 1, 2, 5 and 10 years’ residence (regulation 6(h)). The regulator has converted general disclosure obligations into a set of discrete items.

• Retirement village notice (regulation 7 and Schedule 1). The “retirement village notice” must contain owner identification and an authorised signature and date. The Schedule differentiates three land title circumstances (Schedule 1(1)-(3)) and prescribes the person whose name must appear depending on whether the land is in a folio, is registered under the Transfer of Land Act 1958, or not under that Act. The notice is thus linked directly to land title regimes.

• Factsheet (regulation 8 and Schedule 2). The factsheet is a standardised one‑page concept implemented as a 41‑item list in Schedule 2. Items address timing and advice points (Schedule 2 item 2), identity (items 1, 3, 7), tenure and scale (items 9-12), financial disclosure (items 15, 17-24, 27-31), facilities and services (items 13, 14, 16, 32-36), administrative matters such as waiting lists and fees (items 37-39), inspection rights (item 40), and a correctness statement (item 41). The factsheet blends consumer-facing advice and concrete financial data.

• Documents for inspection (regulation 9). The concept here is transparency through inspection rights: specific, enumerated documents must be made available to persons who request inspection under s 18B(1) of the Act. The list includes construction plans and planning permissions (regulation 9(a)-(c)), governance documents presented to the last annual meeting (regulation 9(d)), fund statements for the previous three financial years where a fund exists (regulation 9(e)), contractual examples (regulation 9(f)), and other statutory documents required under ss 38E(1) and 38F(1) (regulation 9(g)).

• Complaints and disputes recordkeeping (regulation 10). The Regulations convert an evidentiary and administrative duty into a prescriptive recordkeeping format. The manager must create a separate physical or electronic file for each complaint or dispute and populate it immediately with enumerated items (regulation 10(2)). The manager then must place dated written communications or detailed descriptions of oral communications in the file “as soon as practicable” after they occur (regulation 10(3)-(4)), maintain contemporaneous file notes and correspondence (regulation 10(5)(a)-(b)), and store a closure or unresolved notice in the file with an advice to contact Consumer Affairs Victoria or seek legal advice if unresolved (regulation 10(5)(c)). All such files must be retained for seven years post recording (regulation 10(6)).

These concepts show a pattern: the Regulations translate qualitative statutory duties into itemised, often time‑sensitive, documentary obligations. The principal behavioural lever is documentation , what must be recorded, what must be disclosed to prospective residents, and what must be made available for inspection. The operational responsibilities fall primarily on managers and owners, with procedural rights given to residents and prospective entrants.

The Regulations designate duties and entitlements that affect concrete stakeholders in retirement villages. The text shows who pays, who decides, and whose choices are framed by the new requirements.

• Managers. The Regulations place the most operational burden on managers. Regulation 10 imposes step‑by‑step record creation and maintenance duties for every management complaint and resident dispute, including immediate recording of enumerated items (regulation 10(2)), placing dated copies of written advice or detailed descriptions of oral advice (regulation 10(3)-(4)), retaining file notes and correspondence (regulation 10(5)(a)-(b)), and retaining files for seven years (regulation 10(6)). Under Schedule 2 the manager’s name, ABN, address and telephone number and the commencement date of the manager’s appointment must appear in the factsheet (Schedule 2 item 7). The manager also must make documents available for inspection listed in regulation 9.

• Owners. Owners have specified duties in relation to the retirement village notice. Schedule 1 requires the inclusion of the owner’s name according to title status (Schedule 1(1)-(3)), and the retirement village notice must be signed by the owner or the owner’s legal practitioner, licensed conveyancer or agent (Schedule 1(2)). Schedule 2 distinguishes whether there is an owners corporation and requires the name and address of the owner of village land or, where there is an owners corporation, the name and address of the person owning land on which common facilities are located (Schedule 2 items 4-5). Where the village has a capital works or maintenance fund, owners or managers must keep and be able to produce statements of balances for the previous three financial years (regulation 9(e), Schedule 2 item 28).

• Prospective residents. The Regulations prescribe what must be disclosed to prospective residents through the disclosure statement (regulation 6) and the factsheet (regulation 8 and Schedule 2). Prospective residents are entitled to inspect the documents listed in regulation 9 under s 18B(1) of the Act; Schedule 2 item 40 cross‑references that right and refers to Consumer Affairs Victoria. The disclosure statement must set out amounts payable on entry and ongoing costs (regulation 6(d)-(e)), and the estimated refundable in‑going contribution after specified residence durations (regulation 6(h)). The factsheet must state whether refundable and non‑refundable in‑going contributions are payable, their amounts or ranges, refund timing, and whether fees are deducted from refundable contributions (Schedule 2 items 17-20).

• Residents. Current residents are affected by the recordkeeping regime for disputes and complaints because their personal data and complaints will be recorded (regulation 10(2)(ii)-(iii) require names and contact details) and retained for seven years (regulation 10(6)). Schedule 2 requires the factsheet to specify whether residents share in capital gain or loss on resale, responsibility for reinstatement or renovation on departure, insurance obligations of owner or manager and resident, facilities, pet and parking restrictions, and services funded by ongoing charges (Schedule 2 items 15, 16, 19-26, 32-35).

• Owners corporations. The Regulations reference owners corporations multiple times. Schedule 2 requires disclosure of owners corporation fees, maintenance plans and maintenance fund balances where applicable (Schedule 2 items 23, 30-31). Where common facilities are owned by an owners corporation, Schedule 2 item 5 requires naming and addressing that owner.

• Consumer Affairs Victoria. The regulator is referenced in the text. Regulation 10(5)(c)(ii) requires managers to advise residents that they may contact Consumer Affairs Victoria for assistance if a dispute cannot be resolved. Schedule 2 item 39 requires the factsheet to include a reference to retirement village information on Consumer Affairs Victoria’s website. The Regulations therefore channel unresolved matters toward that agency.

Who pays. The Regulations do not set new monetary penalties. They impose compliance costs on managers and owners: time and systems to prepare disclosure statements and factsheets with the prescribed items; to maintain and store dispute/complaint files; to assemble documents for inspection, including multi‑year fund statements and planning permission records; and to produce examples of contracts. Residents and prospective residents bear the informational benefit and any consequential decision costs of acting on the disclosures.

Who decides. The manager is the operational decision‑maker for complaint handling, record creation and document availability. Owners decide who signs the retirement village notice and must supply owner identification consistent with land title regimes. The Regulations themselves do not allocate enforcement decision‑making; they are made under the Act and reference Consumer Affairs Victoria for unresolved disputes.

The Regulations translate statutory duties into detailed obligations and create specific rights for prospective and current residents. Below are the key duties and rights, with the governing provisions.

• Duty to include prescribed matters in disclosure statement (regulation 6). The disclosure statement must contain the short purpose statement, the statutory requirement statement, advice to seek independent advice, details of entry amounts (regulation 6(d)), ongoing costs as at the date of entry (regulation 6(e)), liabilities and entitlements on permanent departure (regulation 6(f)-(g)), and estimated refundable in‑going contribution or other entitlement payable if the resident departs after 1, 2, 5 and 10 years (regulation 6(h)). This duty shapes the content of material delivered to prospective entrants under the Act’s disclosure framework.

• Duty to prepare and sign the retirement village notice with specified owner identification (regulation 7; Schedule 1). The owner’s name must be presented consistent with the land title situation (Schedule 1(1)-(3)). The notice must be signed by the owner or the owner’s legal practitioner, licensed conveyancer or agent and dated (Schedule 1(2)-(3)). This duty links the notice to land title accuracy and authorised signatory rules.

• Duty to prepare the factsheet including prescribed items (regulation 8; Schedule 2). The factsheet must contain 41 items, including manager details (Schedule 2 item 7), tenure and premises information (items 9-12), financial items (items 17-24, 27-31), facilities and services (items 13-16), waiting list arrangements (items 37-38), and a correctness statement (item 41). Item 2 requires the factsheet to set out when it must be provided and to emphasise independent advice, financial commitment, relevant questions to ask, and suitability of retirement living. Schedule 2 item 14 requires a statement regarding any onsite or attached residential or aged care facility and clarifies that entry is dependent on assessments under the Commonwealth Aged Care Act 2024 and that the owner or manager cannot keep places aside.

• Right to inspect specified documents (regulation 9; Schedule 2 item 40). For the purposes of s 18B(1) of the Act, regulation 9 prescribes the documents that must be made available for inspection: site plan, plans for premises under construction, planning permissions, statements and report presented to the previous annual meeting under ss 34 and 38H(2) of the Act, balance statements for capital funds for the previous three financial years if a fund exists, examples of contracts, and documents required under ss 38E(1) and 38F(1) of the Act (regulation 9(a)-(g)). Schedule 2 item 40 specifically informs readers that those documents can be inspected free of charge.

• Duty to create and maintain complaint and dispute files (regulation 10). The manager must create a separate physical or electronic file for each management complaint and resident dispute (regulation 10(2)(a)). The manager must immediately record enumerated matters in the file including opening date, resident name and address, contact details, whether matter was oral or written, categorisation as dispute or complaint, detailed particulars, and copies of any documentation given to the manager by the resident (regulation 10(2)(i)-(vii)). After initial recording the manager must place in the file a dated copy of written advice to the resident summarising the manager's understanding, steps to be taken and the date by which the manager will advise the resident further (regulation 10(3)). On each subsequent advice the manager must place dated copies or detailed descriptions in the file (regulation 10(4)). The manager must file notes of every action taken to resolve the matter, all correspondence, and either a written notification that the dispute is resolved or a written notification that it cannot be resolved with reasons and advice to contact Consumer Affairs Victoria or obtain legal advice (regulation 10(5)). Files must be retained for seven years after the date the complaint or dispute is recorded (regulation 10(6)).

• Duty to provide specified financial and governance statements for inspection (regulation 9(d)-(e), Schedule 2 items 27-31). The manager must be able to produce the statements and report presented to the previous annual meeting under ss 34 and 38H(2) of the Act (regulation 9(d)). Where there is a capital works or maintenance fund, the manager must make available statements of the balances at the end of the previous three financial years (regulation 9(e)). Schedule 2 requires disclosure of any surplus or deficit presented to the previous annual meeting and the balance of long‑term maintenance or capital replacement funds (Schedule 2 items 27-28).

• Right to be informed about fees and refunds. Schedule 2 requires disclosure of whether a resident must pay a refundable in‑going contribution, the amount or range, refund timing, whether a fee is deducted from the refundable in‑going contribution on departure and the calculation of such a fee, and other amounts payable on departure (Schedule 2 items 17-19). It also requires disclosure of any non‑refundable in‑going contribution and the amount (Schedule 2 item 20).

These duties and rights convert general consumer protection objectives into concrete documentary obligations. The Regulations specify what must be recorded, what must be disclosed and what must be made inspectable. The manager is the central duty‑bearer for operational duties; owners are responsible for accurate identification and signing of notices.

The Regulations themselves do not contain express penalty clauses or an enforcement mechanism distinct from the Act. The text of the instrument sets out prescriptive documentary and procedural duties but does not prescribe pecuniary penalties or criminal sanctions within its own provisions.

• No express penalties in the Regulations. A careful reading of the Regulations shows no scheduled penalties or infringement notices. The instrument prescribes content, records and retention periods, but leaves penalty and enforcement mechanisms to the Act under which the Regulations are made. The Regulations are made under s 43 of the Retirement Villages Act 1986 (regulation 2), so enforcement, compliance and penalty pathways should be sought in the Act itself rather than in these Regulations.

• Operational compliance levers. Although the Regulations do not create their own sanctions, they create documentary obligations whose breach may be evidentiary in enforcement proceedings under the Act. For example, failure to maintain the required complaint files for seven years (regulation 10(6)) will leave a manager unable to produce contemporaneous records that may be relevant to any regulatory inquiry or dispute raised with Consumer Affairs Victoria. The Regulations require managers to advise residents that they may contact Consumer Affairs Victoria if a dispute cannot be resolved (regulation 10(5)(c)(ii)), thereby signalling the likely enforcement pathway for unresolved issues.

• Administrative oversight implied. The Regulations require material (factsheets, disclosure statements, documents for inspection) to contain references to Consumer Affairs Victoria (Schedule 2 item 39, regulation 10(5)(c)(ii)), which suggests the regulator is the reference point for complaints and may be the practical enforcement contact. The Regulations themselves do not define inspection procedures or timelines beyond specifying which documents must be made available under s 18B(1) of the Act (regulation 9). Any procedural enforcement for failing to comply with the inspection obligation would therefore depend on the Act.

• Record retention as a compliance requirement. The seven‑year retention requirement for complaint and dispute files (regulation 10(6)) functions as an operational compliance obligation that, if not met, may affect the manager’s ability to respond to statutory inquiries or contractual disputes. The Regulations make no allowance for shorter retention and make retention a discrete duty.

For practitioners, the upshot is that enforcement and penalties are not articulated in the Regulations themselves; they must be located in the Retirement Villages Act 1986 or in broader administrative or civil processes. The Regulations create compliance obligations that, if not met, will influence the evidential position of an owner or manager in any enforcement or dispute brought under the Act. The Regulations also direct residents to Consumer Affairs Victoria for assistance in unresolved disputes (regulation 10(5)(c)(ii); Schedule 2 item 39), indicating the likely administrative avenue for complaints.

The Regulations explicitly reference and interlock with several other statutes and statutory regimes. Those links are prescriptive and operational rather than doctrinal.

• Retirement Villages Act 1986. The Regulations are made under s 43 of the Act (regulation 2) and operationalise multiple Act provisions referenced throughout the text: the definition of disclosure statement in s 3(1) (regulation 6), the retirement village notice requirement in s 9(3)(a) (regulation 7), the factsheet provision in s 18A(5)(b) (regulation 8), and document inspection in s 18B(1) (regulation 9). They also implement the recordkeeping mandate under ss 38E(4) and 38F(4) by prescribing the procedure for complaint and dispute files (regulation 10). Where the Regulations refer to particular sections of the Act, the Regulations do not alter the Act; they provide the specific content and procedural steps that give effect to the Act’s broader duties.

• Transfer of Land Act 1958. Schedule 1 ties the retirement village notice owner identification to land title regimes under the Transfer of Land Act 1958. Schedule 1(1)-(3) distinguishes three title situations and prescribes whose name must appear: for land under the Transfer of Land Act that is in an identified folio, the owner of the estate in fee simple in that folio; for land under the Transfer of Land Act but not in an identified folio, the registered proprietor; and for land not under the Transfer of Land Act, the person who is the owner in fee simple. This cross‑reference imposes a title‑system aware obligation on the content of the retirement village notice.

• Owners Corporations Act 2006. Schedule 2 asks whether any owners corporation has a maintenance plan or maintenance fund under the Owners Corporations Act 2006 and, if so, to disclose balances and whether the resident is liable for fees (Schedule 2 items 23, 30-31). This ties retirement village disclosures to the owners corporation regulatory framework and requires cooperation or information flow between managers/owners and any relevant owners corporation.

• Aged Care Act 2024 (Commonwealth). Schedule 2 item 14 requires a statement that any onsite or attached residential or aged care facility requires assessment under the Aged Care Act 2024 for entry and that the owner or manager cannot keep places aside for residents. This clarifies that access to aged care services remains governed by Commonwealth assessment processes and prevents owners/managers from promising reserved places.

• Subordinate Legislation Act 1994. The endnotes state the Regulations will sunset 10 years after making under s 5 of the Subordinate Legislation Act 1994. This provides a temporal interaction with the statutory instrument lifecycle regime.

• Interpretation of Legislation Act 1984. The endnotes include interpretive notes about style changes and headings under the Interpretation of Legislation Act 1984. Those notes control the statutory interpretation of the Regulation’s headings and notes as part of the instrument.

The Regulations do not expressly reference privacy legislation, occupational health and safety law, taxation law, or other administrative regimes. However, they create records that will contain personal information (regulation 10(2)(ii)-(iii) require names and contact details), and they require financial disclosures and fund statements that intersect with accounting and corporate recordkeeping practices (regulation 9(e), Schedule 2 items 27-31). Practitioners should therefore be aware that additional legal obligations (for example privacy, tax or reporting obligations) may implicate the records created under these Regulations, but those obligations are not specified in the instrument itself.

In sum, the Regulations operationally reference specific provisions in the Retirement Villages Act and cross‑reference state titles law, owners corporation law and the Commonwealth Aged Care Act. They embed retirement village disclosure and recordkeeping duties within existing land, corporate and aged care regulatory frameworks.

The instrument contains its own internal amendment history and endnotes. The substantive points from the text are:

• Made and commencement dates. The Regulations were made on 25 November 2025 by the Lieutenant‑Governor as the Governor’s deputy with the advice of the Executive Council under s 43 of the Retirement Villages Act 1986 and came into operation on 5 December 2025 (regulation 3; endnotes).

• Revocation of 2015 Regulations. Regulation 4 expressly revokes the Retirement Villages (Records and Notices) Regulations 2015, S.R. No. 147/2015. The Explanatory details note that reg 4 revokes S.R. No. 147/2015 (Explanatory details, item 1).

• No amendments recorded. The "Table of Amendments" entry in the endnotes states that there are no amendments made to the Retirement Villages (Records and Notices) Regulations 2025 by statutory rules, subordinate instruments or Acts (endnotes, item 2).

• Sunset provision. The endnotes indicate the Regulations will sunset 10 years after the day of making, on 25 November 2035, under s 5 of the Subordinate Legislation Act 1994 (endnotes).

• Versioning. The instrument is Version No. 001 as at 5 December 2025, S.R. No. 122/2025.

There is therefore a clean amendment history at present: the Regulations replaced the 2015 instrument, took effect 5 December 2025, and have not been amended since making. The sunset date is a fixed calendar outcome under the Subordinate Legislation Act 1994 unless repealed or otherwise amended before that date.

The Regulations, as presented in this instrument, contain no litigation history. The text does not report any judicial interpretation, cases, or disputes about these Regulations. The endnotes do not list any judicial proceedings. The instrument therefore stands, at the time of the version provided, without any recorded litigation.

Practitioners should note that absence of recorded litigation in the instrument does not mean the obligations will not give rise to disputes; the Regulations create documentary obligations that could be material evidence in future disputes under the Retirement Villages Act 1986 or in contractual litigation. However, any such litigation would be reflected in external reports, judicial databases or later amendments, none of which are present in the text supplied.

Several practical compliance traps and operational frictions arise directly from the Regulations’ text. These are concrete obligations and ambiguities that practitioners and operators should treat as operational risks.

• Immediate versus as soon as practicable. Regulation 10 uses both “immediately” and “as soon as practicable.” The manager must “immediately record” certain specified items when opening a complaint or dispute file (regulation 10(2)); by contrast the manager must place in the file “as soon as practicable” a dated copy of written advice to the resident summarising the manager's understanding and steps (regulation 10(3)) and subsequent advice entries (regulation 10(4)). The divergence creates a practical question about timeframes for follow‑up communications. “Immediate” likely requires contemporaneous recording on file opening; “as soon as practicable” admits some delay but is imprecise. Managers should adopt defensible internal time standards and document the timing of entries to avoid disputes over timeliness.

• Required particulars likely contain personal data. Regulation 10(2)(ii)-(iii) requires recording the resident’s name, address and contact details. The Regulations do not specify privacy safeguards, access controls, or encryption requirements. Managers will hold personal data for seven years post‑recording (regulation 10(6)), which creates an information governance obligation that is not described in the Regulations. There is a practical need to reconcile these recordkeeping duties with privacy and data security obligations under other applicable laws or policies.

• Factsheet correctness statement. Schedule 2 item 41 requires “A statement of the correctness of the information in the factsheet as at the date provided.” This is a discrete promise that the factsheet information is correct at the date it is supplied. The provision creates potential exposure if the factsheet contains errors or if the underlying data (fee ranges, estimated sale prices) are not supported by contemporaneous evidence. Managers and owners must ensure processes for verifying factsheet entries and be able to demonstrate basis for figures such as estimated sale price ranges (Schedule 2 item 21) and current rates of maintenance charges (item 22).

• Prescribed financial projections and ranges. Regulation 6(h) requires disclosure of estimated refundable in‑going contribution or other entitlement payable after 1, 2, 5 and 10 years. Schedule 2 item 21 requires estimated sale price ranges for premises on a reinstated or renovated basis as at a stated date. These items require preparation of financial estimates that could be contentious if not supported by method and evidence. The Regulations do not prescribe the valuation method, timing assumptions, or disclaimers; managers and owners must devise and record their estimation methodology.

• Title regime specificity for owner name. Schedule 1 differentiates the required owner identification according to whether land is under the Transfer of Land Act 1958 and whether the land is in a folio. In practice registering the “correct” owner name may require title searches and legal advice, particularly for complex ownership structures (trusts, companies, multiple proprietors). An incorrect name on the retirement village notice could be a compliance error.

• Documents for inspection include historic fund statements. Regulation 9(e) requires statements of balances at the end of the previous three financial years for capital works, capital replacement or maintenance funds, where such funds exist. Managers who have not retained those statements for three years will be unable to comply. This requirement imposes an archival responsibility for at least three years of fund statements, on top of the seven‑year retention for complaint files.

• Examples of contracts must be produced. Regulation 9(f) requires “examples of contracts that prospective residents may be required to enter into.” The obligation presupposes that managers/owners maintain current model contracts or exemplars that reflect what will be required at entry. Where bespoke contracts are used, managers must ensure a representative example is available. This can create risk if an exemplar differs materially from the contract subsequently presented for signing.

• Interaction with Commonwealth aged care assessment processes. Schedule 2 item 14 states that entry to any onsite or attached residential or aged care facility is dependent on assessment under the Aged Care Act 2024 and that the owner or manager cannot keep places aside. Managers must avoid representations suggesting guaranteed access to aged care placements and ensure marketing and factsheets correctly reflect this limitation.

• Lack of specified timing for provision of factsheet. Schedule 2 item 2(a) requires the factsheet to state “when the factsheet must be provided.” The Regulations do not themselves set that timing; that timing is found in s 18A of the Act. Managers must therefore align their operational processes with both the Act and the Regulations to ensure factsheets are provided at the correct juncture.

• Retention period differences. Complaint and dispute files must be retained for seven years (regulation 10(6)). Other required documents have different implied retention needs (for example, capital fund statements for three years under regulation 9(e)). Managers need a consolidated records retention policy that reflects the longest applicable retention period and documents why other documents may be kept longer for corporate governance reasons.

These are operational “gotchas” driven by prescriptive wording in the instrument. They are not legal judgments, but they do identify areas where practical compliance costs, ambiguity, evidentiary risk and operational friction concentrate.

Below is a practical, document‑centred compliance checklist derived from the Regulations. The list assumes the practitioner is advising a manager or owner and aims to convert the Regulations’ prescriptive items into an operational plan.

1. Governance and roles

• Identify the person legally authorised to sign retirement village notices (Schedule 1(2)) and ensure authorised signatory rules are documented. Confirm whether the owner will sign directly or via legal practitioner, licensed conveyancer or agent.
• Assign responsibility to a named role for maintaining complaint and dispute files and for assembling documents for inspection. The Regulations place primary operational duties on the manager (regulation 10).

2. Disclosure statement preparation (regulation 6)

• Prepare a disclosure statement template that contains the prescribed matters in regulation 6(a)-(h): purpose; statutory requirement statement; advice to seek independent financial or legal advice; details of entry amounts; ongoing costs as at the date of entry; liabilities and entitlements on permanent departure; and estimated refundable in‑going contribution or other entitlement at 1, 2, 5 and 10 years.
• For the estimated refundable amounts, document the valuation methodology and assumptions used to compute estimates. Maintain contemporaneous evidence supporting the estimates.

3. Retirement village notice (regulation 7; Schedule 1)

• Determine title regime for the village land: whether the land is under the Transfer of Land Act 1958 and whether it is in an identified folio. Obtain a current title search if necessary.
• Prepare the retirement village notice with the owner name consistent with Schedule 1(1)-(3). Ensure the notice is signed by the authorised person and dated at signature (Schedule 1(2)-(3)).

4. Factsheet production and distribution (regulation 8; Schedule 2)

• Create a factsheet template that covers all 41 items in Schedule 2. Particular attention to items requiring financial data: refundable in‑going contribution amounts or ranges (item 17), fees deducted and calculation (item 18), other amounts payable on departure (item 19), non‑refundable in‑going contribution (item 20), estimated sale price ranges (item 21), current rates of maintenance charges (item 22), owners corporation fees (item 23), capital fund balances (items 28, 31) and presentation of surplus or deficit for the village and any owners corporation (items 27, 29).
• Include the required statements in item 2 concerning timing of provision, desirability of independent advice, financial commitment, questions to ask, and suitability.
• Include the factsheet correctness statement required by Schedule 2 item 41 and contemporaneously record the date the factsheet was provided.
• Ensure a process exists to distribute the factsheet at the correct time required by the Act (the Regulations require the factsheet to state "when the factsheet must be provided" but do not themselves set the timing; coordinate with s 18A of the Act).

5. Documents for inspection (regulation 9)

• Maintain a current site plan, plans of any premises under construction, and copies of planning permissions for further development (regulation 9(a)-(c)).
• Ensure the statements and report presented to the previous annual meeting under ss 34 and 38H(2) of the Act are available (regulation 9(d)). Keep these materials readily accessible.
• If a capital works, capital replacement or maintenance fund exists, keep statements of balances at the end of the previous three financial years (regulation 9(e)). Ensure those statements are verifiable and backed by accounting records.
• Maintain exemplar copy(ies) of all contracts that prospective residents may be required to enter into (regulation 9(f)). Record the date each exemplar was last updated.
• Keep any documents required under ss 38E(1) and 38F(1) of the Act in a form ready for inspection (regulation 9(g)).

6. Complaints and disputes recordkeeping (regulation 10)

• Systematically create a separate physical or electronic file for each management complaint and each resident dispute (regulation 10(2)(a)). Use a consistent naming and numbering convention.
• On opening a file, immediately record the required data: file opening date, resident’s name and address, contact details for resident or representative, whether matter was oral or written, whether matter is resident dispute or management complaint, detailed particulars, and copies of any documentation provided by the resident (regulation 10(2)(b)(i)-(vii)). Ensure these items are date‑stamped.
• After initial recording, send written advice to the resident summarising your understanding, steps you intend to take, and the date by which you will advise further, and place a dated copy of that advice in the file “as soon as practicable” (regulation 10(3)).
• After every subsequent occasion of advising the resident about understanding, steps taken or intended, or further contact date, place a dated copy of the advice or, where the advice was verbal, a detailed description of the advice (regulation 10(4)).
• Record file notes of every action taken to resolve the complaint or dispute as soon as practicable (regulation 10(5)(a)); keep copies of all correspondence received or sent (regulation 10(5)(b)). At closure place in the file either a written notification that the dispute is resolved with details, or a written notification that it cannot be resolved with reasons and advice to contact Consumer Affairs Victoria or seek independent legal advice (regulation 10(5)(c)(i)-(ii)).
• Retain each file for seven years after the date the complaint or dispute is recorded (regulation 10(6)). Implement secure archival procedures.

7. Records management and information governance

• Adopt records retention policies reflecting the longest retention period required by the Regulations and relevant business needs (e.g., complaint files seven years, capital fund statements three years). Keep an authoritative records retention schedule.
• Ensure access control for complaint and dispute files given they will contain resident names and contact details. While the Regulations do not prescribe data security measures, managers should document internal access rules, auditing procedures and secure storage.

8. Financial and accounting controls

• Where the village operates a capital works, capital replacement or maintenance fund, ensure the fund accounting produces balance statements at each financial year end and retains those statements for at least three years (regulation 9(e); Schedule 2 item 28).
• For owners corporations, collect and disclose owners corporation fee information and maintenance fund balances as required by Schedule 2 items 23, 29-31.

9. Consumer engagement and statutory referrals

• Ensure that the closure or unresolved notification for disputes includes the advice required by regulation 10(5)(c)(ii) that residents may contact Consumer Affairs Victoria for assistance.
• Include a reference to retirement village information on the Consumer Affairs Victoria website in the factsheet (Schedule 2 item 39).

10. Audit trail and version control

• Maintain version control and dated evidence to support the contents of disclosure statements, factsheets, and contract exemplars. Because Schedule 2 item 41 requires a correctness statement as at the date provided, keep contemporaneous records that justify each factual or numerical entry in a factsheet or disclosure statement.

11. Practical operational templates

• Prepare standard templates: disclosure statement template that maps to regulation 6; retirement village notice template matching Schedule 1; factsheet template covering Schedule 2; complaint/dispute file checklist and sample closure notice; contract exemplar repository index; and an inspection pack checklist for documents required under regulation 9.

12. Legal review

• Engage a legal practitioner or licensed conveyancer to verify the owner name on the retirement village notice consistent with the title regime and to review the factsheet correctness statement and valuation methodologies used for estimates.

Following this checklist will align an operator’s processes with the Regulations’ prescriptive documentary and procedural requirements. The emphasis should be on contemporaneous record creation, verifiable bases for financial estimates and a centralised, secure records system to support inspection rights and future dispute resolution.