n/a · matter, mr jonathan leitch, executive director, strategic policy and research, department of...

Department of Housing and Public Works Ref: HS 00332-2017

DEPUTY DIRECTOR-GENERAL CORRESPONDENCE BRIEFING NOTE Subject:

Decision/Action by: Reasons for Urgency: Briefing type: Responsible Area: Electorate: Contact Officer:

PURPOSE

regarding the need far retrospective amendments to the Refinement Villages Act 7999 General -Letter N/A Correspondence -Requested Housing and Homelessness Services Statewide Damian Sammon (07) 3008 3425

To provide fihe Deputy Director-General with additional information about the correspondence from and fio seek the Deputy Director-General's approval of the proposed response.

RECOMMENDATION

It is recommended thafi the letter to be signed.

Noted

Approved Not approved

GENERAL MANAGER ENDORSEMENT COMMENTS

Dish Woolley ` General Manager, Strategy C olicy and Programs Housing and Homelessness Services

Date a- J / 2 /2017

DEPUTY DIREGTOR-GENERAL APPROVAL COMMENTS

Christine Castley ~•~ Deputy Director-General, Hous t g and Homelessness Services Department of Housing and Public Works

Dat/ ~17

DEPUTY DIRECTOR-GENERAL COMMENTS

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BACKGROUND • This is the second letter received from

Retirement Village. • riginally wrote to the Minister on 7 November 2016 requesting retrospective

amendments to the Retirement Vi// ages Act 1999 to require operators to pay residents their exit entitlement 18 months after the resident leaves the village (refer to Attachment 1).

• The response earlier correspondence discusses the Government's commitment to protecting retirees as part of the new Housing Strategy but that the need for retrospective amendments is something that requires careful consideration. The response from the Min.ister's office directs o the Parks and Village Information Link for legal advice (refer to Attachment 2).

• current letter to the Minister does not raise new issues but discusses hardships experienced and reiterates the need for retrospective amendments to the exit entitlements provisions. also provides details about the increases in general services charges

® General Service fees are restricted under ss106 and 107 of the Act. They cannot increase in any year by more than the Consumer Price Index unless the increase relates to taxes, rates, salaries, insurance premiums or maintenance reserve fund contributions.

• General Service fees are based on cost recovery and are not intended to be a source of profit for retirement village operators.

® The issues as raised are being considered as part of the review of the Act. ® Generally residents only receive their exit entitlement once their unit is sold. The Act is silent

about operator repayment of the exit entitlement when resale is delayed, leaving the matter to the provisions in their contract.

® It is proposed to amend the Act to require operators to pay residents their exit entitlement 18 months after they leave fihe village, except in the case of operator hardship.

•

®

CONSULTATION Internal Consultation ® Not applicable.

External Consultation ® Not applicable.

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Queensland Government

Department of

Housing and Public Worlcs

Ref: HS 00332-2017

2 7 FEB 1017

Dear

I refer to your letter of 24 January 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding the proposal for retrospective applications of amendments to the Retirement Villages Act 9999 to require operators to pay residents their exit entitlements after 18 months when resale is delayed. The Minister has asked me to respond on his behalf.

I want to assure you that your feedback about the hardship and uncertainty retirement village residents face when the resale of their unit is delayed is noted and is being considered by the department as it progresses the review of the Act.

The review will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities.

On the issue of retrospectivity, lappreciate the examples you have provided of the human cost associated with delayed resale as we seek to improve the Act. I note your comments about these impacts and your request for any changes to also assist existing residents.

Thank you for taking the time to write to the Minister.

If you need any further information, please contact Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services on (07) 3007 4700 or email [email protected].

Yours sincerely

Christine Castley Deputy Director-General Housing and Homelessness Services

Level 19 41 George Street Brisbane Queensland GPO Box 690 Brisbane Queensland 4001 Australia

Telephone +617 3007 4401 Email [email protected] Website www.hpw.gld.gov.au

18053R RTI Document -

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Department of Housing and Public Wol'I<s Ref: I-IS 00597-2017

MINISTERIAL, CORRESPONDENCE BRIEFING NOTE Subject: Letter from Residents Committee

about the need for retrospective enactment of amendments to the Retirement Villages Act 1999 that require operators to pay residents their exit entitlement early when resale is delayed.

Decision/Action by: General -Letter

Reasons for Urgency: N/A Briefing type: Correspondence -Requested

Responsible Area: Housing and Homelessness Services Electorate: Gontact Officer: Jonathon Dey (07) 3008 3427

PURPOSE

To provide the Minister's office With additional background information and context to support the information contained in the proposed response.

RECOMMENDATION

Noled Approved Not approved

It is recommended that the letter to be signed

//

.

❑ Routine (straight to Mod QNon-routine (DG to endorse)


Trish Woolley General Manager, Strategy Policy and Programs Housing and Homelessness Services

Date: ~ /~ /2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS

Christine Castley --- Deputy Director-General Housing and Homelessness Services

Date~C,~/ /2017 DIRECTOR•GENERAL ENDORSEMENT COMMENT'$

l.lza Carroll ~~— Director-General Department of Housing and Public Works

Date; ~ZI ~ ~ ~ ;/2017 MINISTER'S OFFICE APPROVAL COMMENTS

Name; Q ~ S'~ i~/"v4?

Date:,.Z9/ ~ / /"~

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Department of I-lousing and Public Works Ref: HS 00597-20'17

BACKGROUND Residents Committee, request that

proposed amendments to the Retirement Villages Act 1999 regarding payment of exit entitlements are made retrospective as to apply to existing residents.

® The letter is in support of a previous letter sent byAssociation of Residents of Queensland Retirement Villages (refer to Attachment 1).

e The issues being raised by are being considered as part of the review of the Act. e Generally, residents only receive their exit entitlement once their unit is sold. o The Retirement Villages Act 1999 is silent about operator repayment of the exit entitlement

when resale is delayed, leaving the matter to contract. a It is proposed to amend the Act to require operators to pay residents their exit entitlement

18 months after they leave the village, except in case of operator hardship.

As a general rule, amendments with retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

®



Attachments ® Attachment 1 —Letter from Vice President, Association of Residents of

Queensland Retirement Villages regarding retrospective amendments.

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Of~ee of the

IVl>!nister foz- Housing and Public Worlcs 11~inister for Sport Queensland

Government

Ref: HS 00597-2017

3 1 MAR 2017

1 William Streel 8rlsbane Queensland GPO Box 2457 Brisbane Queensland 4001 Auslralla Telephone +617 3719 7270 Facslmtle +817 3012 9017 E: [email protected]

Dear

I refer to your letter dated 5 March 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding retrospective application of the proposed amendments to the Retiremenf Villages Act 1999. The Minister has as{ced me to reply on his behalf.

One of the important challenges the community faces is protecting our ageing and potentially vulnerable popt.rlation. The Department of Housing and Public Worlcs is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Retirement Villages Act 1999 are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy ko shape the vision for housing, including seniors' housing, over the next 10 years,

I note your support for a change to require payment of a resident's exit entitlement before resale. Your request that any such change apply to existing retirement village contracts has also been noted and is being carefully considered.

I would like to assu►'e you that amendments to the Act are being progressed as a matter of priority, While reviewing legislation is a complex and often lengthy process, the Government is working hard to ensure any necessary amendments to the Act are introduced in Parliament as soon as practically possible.

I hope this information answers your enquiry, If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Department of Housing and Public Wor{<s can be contacted on (07) 3007 4700 or email jonathan,[email protected],au.

Yours sincerely

Darcy Slattery Senior Policy Advisor


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The Hon Mick de Brenni M.P., Minister for Housing and Public Works, P.O. Box 2457, Brisbane, 4001

5 March 2017

Dear Minister

-zrc~IVE~ 0 8 MAR 2017

At the last meeting of the on February 23, 2017 the write to you in connection with the review of the

Retirement Villages Act currently underway. In particular, the Committee wishes to express strong support for the letter sent to you on 19 October, 2016. by ice-President of the Association of Residents of Queensland Retirement Villages. In this letter

made a formal request on behalf of the ARQRV that any change to the Act providing for the more prompt return of a former resident's ingoing contribution be made retrospective, in order to enable all current residents to benefit from the change in legislation.

In many cases, when a resident leaves a retirement village they find themselves in the very difficult situation of needing to find a substantial amount of money to provide for alternative accommodation (for example a care home bond). If their only source of such finance is a bank loan on the security of the ingoing contribution that is owed to them, a long delay in the settlement of that contribution must be a source of extreme stress at a time of life when such stress needs to be avoided at all costs. The proposed change is welcome from that point of view in that it at least sets an upper limit to the time when the needed finance is unavailable to the former resident. But if the change means that this relief will only be available to new residents, this will cause a great deal of resentment on the part of current residents and their families. I would also suggest that this would be perceived by the Australian community as a whole, many of whom have some stake in this issue, as a recipe for gross unfairness.


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MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: regarding the review of the Retirement Villages

Act 1999 Decision/Action by: General -Letter


Responsible Area: Strategic Policy and Research Electorate: Contact Officer: Jonathan Leitch (07) 3007 4700

PURPOSE

To provide the Minister's office with additional background information and context to support the information contained in the proposed response.

RECOMMENDATION

It is recommended that the letter to be signed.

Noted

Approved I Not approved

~ Routine (straight to Moi

❑ Non-routine (DG to endorse)


/ rash Woolley General Manager, Strategy, Policy and Programs Housing and Homelessness Services

Date:~Q'/ ~/ 1 DIVISIONAL HEAD ENDORSEMENT COMMENTS

Christine Casale Deputy Director-G- Housing and Homelessness Services

DIRECTOR-GENERAL ENDORSEMENT COMMENTS

Liza Carroll Director-General Department of Housing and Public Works

Date: MINISTER'S OFFICE APPROVAL COMMENTS

, Name; //~J ~f 't-~/i~ ~~%~j~

Dater/,[P'~~ ~ ~--

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BACKGROUND • raised concerns about the size of exit

fees charged by retirement village operators when a resident leaves a retirement village, as well as the length of time it takes to return the exit entitlement to a former resident.

® In general terms, retirement village residents pay: — upon entry: a significant entry fee (ingoing contribution) — while living in a village: ongoing general services charges (increasing with CPI but can

exceed CPI for certain expenses) — on departure: a significant exit fee (part of the ingoing contribution retained) which

increases over time and represents the operator's profit and cost of developing the village; costs to reinstate the unit; legal costs; and costs of sale.

® Following sale of the departed resident's unit, the resident receives an exit entitlement, which is the ingoing contribution with all the payments to the operator taken out.

® The resident's entitlement to receive any capital gain, and the formula for the calculation of the exit fee, is a matter for each contract.

® The exit fee model was initially developed by community-based organisations as a way of enabling seniors to purchase a retirement lifestyle with a lower entry cost which was recouped on departure.

• The Retirement Villages Act 9999 (the Act) seeks to regulate retirement village contracts, including aspects of the exit fee payable by departing residents, but does not seek to cap the amount of exit fee that can be paid.

® it appears the retirement village has only imposed charges it was entitled to under the contract.

® To address these issues, it is proposed to amend the Act to: — improve the pre-contractual disclosure process to ensure prospective residents

understand their rights and obligations, and have time to seek legal and financial advice before signing the contract

— where resale is delayed, require the operator to pay the resident their exit entitlement 18 months after the resident leaves the village, unless doing so would cause the operator undue financial hardship.

®

®

CONSULTATION Internal Consultation • Not applicable.

External Consultation • Not applicable.

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Office of the

1Vlinister for Housing and Public Works 1Vlinister for Sport Queensland

Government

Ref: HS 01092-2017

2 6 MAY 2011

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: [email protected]

Dear

I refer to your email dated 9 May 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding the progress of the review of the Retirement Villages Act ?999 (the Act), and the payment of exit fees when a resident leaves a village. I am replying on the Minister's behalf.

One of the important challenges the community faces is protecting and looking after vur ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, in Queensland over the next 10 years.

The exit fee is a key feature of the current retirement village model and primarily represents the amount paid by the resident to the retirement village operator for developing and running the village. The issues you have raised about exit fees and the delays that can occur with the resale process have also been raised by key stakeholders, and they are being considered.

The Minister would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. A key component of the proposed Housing Strategy is to ensure that contracts, rules and regulations are fair and well balanced. Reviewing legislation is a complex and often lengthy process, however the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible, which is expected to occur later in 2017.

I hope this answers your queries. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4702 or email [email protected].

Yours sincerely

Kirsten Ram Policy Advisor


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r

From: @parliament.gld.gov.au > Sent: Friday, 12 May 2017 11:23 AM

To: Housing and Public Works Cc: McKinley Fiveash Subject: FW: Retirement Villages Act 1999 Attachments: Letter to Local Member.msg; Letter Reply msg

FromSent: Tuesday, 9 May 2017 9:39 PM To: Electorate Office @parliament.gld.gov.au> Subject: Retirement Villages Act 1999

The Hon. Micheal de Brenni MP.

Dear Sir,

I really think that the exit fee method of Contracts should be ABOLISHED and not modified as detailed in my earlier correspondence.

It would really appreciated if you could give me an update on progress, if any. I know that nothing will get any of my hard earned money back but I would really love to see a stop put on this legalised theft.

Yours sincerely,

Consider the environment before you print this email.

NOTICE -This e-mail and any attachments are confidential and only for the use of the addressee.

If you have received this e-mail in error, you are strictly prohibited from using, forwarding, printing, copying or dealing in anyway whatsoever with it, and are requested to reply immediately by e-mail to the sender or by telephone to the Parliamentary Service on +61 7 3553 6000.

Any views expressed in this e-mail are the author's, except where the a-mail makes it clear otherwise. The unauthorised publication of an a-mail and any attachments generated for the official functions of the Parliamentary Service, the Legislative Assembly, its Committees or Members may constitute a contempt of the Queensland Parliament. If the information contained in this a-mail and any attachments becomes the subject of any request under Right to information legislation, the author or the Parliamentary Service should be notified.

It is ttte addressee's responsibility to scan this message for viruses. The Parliamentary Service does not warrant that the information is free from any virus defect or error.

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To: @parliament,gld.gov,au Subject: Retirement Villages Act..1999 Attachments: ID123013.pdf; ID123014.pdf

Mr Peter Wellington MP,

Dear Sir,

I am contacting you in the hope that you can find the time to address my concern regards The

Retirement Villages Act..1999.

It is the Exit Fee structure that I feel needs substantial overhaul as I am certain that when drafted they

weren't intended to impact so viciously.

The Exit Fee was ove which included, would you believe, ermination Fee. They

also kept the Capital Gains which they put at

I believe a fairer formula would enable people who realise that Village life is not `Their Cup of Tea' are not

crucified My thoughts may be worth consideration :-

Year 1 2.5% Year 5 5,0%

2 2,5% 6 5.0% 3 5.0% 7 5.0%

" 4........5.0% 8 5.0% Thus the same 35%applies but over a longer term. The termination fee

should be abolished. The Villages are in a win, win situation while people are in a lose, lose situation.

Could you imagine the public outcry if the Banks were to impose such fees.

I trust you can see the unfairness incorporated in this Gov. Act and hope you may be able instigate an amendment or something.

Yours sincerely,

1


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From: Electorate Office @parliament.gld.gov.au >

Sent: Friday, 29 May 2015 3:19 PM To: Subject: RE; Retirement Villages Act..1999

Dear

Thank you for bringing your views on the Retirement Villages Act 1999 to our attention.

as requested that I forward your email to the Minister for Housing and Public Works, Minister for Science and Innovation . We will be in contact when we have a response.

Regards

FromSent: Thursday, 28 May 2015 9:53 PM To Electorate Office Subject: Retirement Villages Act..1999

MP,

Dear Sir,

I am contacting you in the hope that you can find the time to address my concern regards The

Retirement Villages Act..1999.

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It is the Exit Fee structure that I feel needs substantial overhaul as I am certain that when drafted they

weren't intended to impact so viciously.

The Exit Fee was ove which included, would you believe, Termination Fee. They

also kept the Capital Gains which they put at

Total.... 35% after 6

years.

I believe a fairer formula would enable people who realise that Village life is not 'Their Cup of Tea' are not

crucified the way we feel that we have been. My thoughts may be worth consideration :-

Year 1 2.5% Year 5 5.0%

" 2 2.5% 6 5.0%

3 5.0% 7 5.0%

" 4 5.0% ," 8 5.0% Thus the same 35%applies but over a longer

term. The termination fee

should be abolished. The Villages are in a win, win situation while people are in a lose, lose situation.

Could you imagine the public outcry if the Banks were to impose such fees.

I trust you can see the unfairness incorporated in this Gov. Act and hope you maybe able instigate an

amendment or something.

Yours sincerely,


NOTICE -This e-mail and any attachments are confidential and only for the use of the addressee.

If you have received this e-mail in ercor, you are strictly prohibited from using, forwarding, printing, copying or dealing in anyway whatsoever with It, and are requested to reply immediately by e-mall to the sender or by telephone to the Parliamentary Service on +61 7 340 7111.

Any views expressed in this a-mail are the author's, except where the a-mail makes it clear otherwise.The unauthorised publication of an a-mail and any attachments generated for the official functions of the Parliamentary Service, the Legislative Assembly, its Committees or Members may constitute a contempt of the Queensland Parliament. If the information coniained in this a-mail and any attachments becomes the subject of any request under Right to information legislation, the author or the Parliamentary Service should be notified.

It is the addressee's responsibility to scan this message for viruses.The Parliamentary Service does not warrant that the information is free from any virus,defect or error.

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Noted ( Approved , Nolapproved


ROUtlne (Straight to MO) ❑ NOrI-rOUtlne (DG to endorse)

Department of Housing and Public Worl<s Ref: HS 01373-2017

MINISTERIAL CORRESPONDENCE BRIEFING NOTE equesting changes to the Retirement Villages

Act 1999 regarding the payment of exit entitlements General -Letter

N/A Correspondence -Requested

Strategic Policy and Research State-wide Jonathan Leitch (07) 3007 4700

Subject:

Decision/Action by:

Reasons for Urgency: Briefing type:

Responsible Area: Electorate: Contact Officer:

PURPOSE


RECOMMENDATION


Mar WallA/General anager, Strategy, Policy and Programs Housing nd Homelessness Services

Date /~ /~ `~ DIVISI NAL HEAD ENDORSEMENT COMMENTS

rish Woolley AlDeputy Director-General Housing a

/

nd Homelessness Services

Dater 1 (~ / DIRECTOR-GENERAL ENDORSEMENT COMMENTS


Date: / / MINISTER'S OFFICE APPROVAL COMMENTS

Name:

Date, / /

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BACKGROUND • retirement village resident who has written to suggest changes to

the Retirement Villages Act 1999 (the Act) to require operators to pay residents their exit entitlement either six or 12 months after a resident leaves the village.

• Generally residents only receive their exit entitlement once their unit is sold. • The Act is silent about operator repayment of the exit entitlement when resale is delayed,

leaving the matter to contract. • had a clause in his contract which required the operator to pay his

exit entitlements upon resale of his unit, or three years after his departure, whichever is sooner. • It is proposed to amend the Act to require operators to pay residents their exit entitlement 18

months after they leave the village, except in cases of operator hardship. •

•

•



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Mick de Brenni PO Box 2457 Brisbane Queensland 4001

Dear Sir, Enclosed for your information is a copy of a letter to the

Federal Minister for Aged Care, Ken Wyatt that I have forwarded.

Regards,


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Ken Wyatt Minister for Aged Care PO Box 6022 House of Representatives Parliament House Canberra ACT 2600

Dear Sir, I wish to draw your attention to a problem that I believe is a

combination to both State and Federal Governments.

Untill recently, I leased a unit in a Retirement Village in


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They declined the vf~er. f dv not anticipate getting any monies for three years. There were twenty units vacant out of two hundred units in the complex. Other Retirement Villages in the

have about the same number of vacant units.

As i have pointed out it takes money to get into nursing homes. Most people's monies are tied up in their home and if there is no certainty of when no longer lived in units, will be paid outs nursing Names are in most cases not an option. i would like to su._ ; est that the Retirement Village Act be altered so settlement is paid on vacant units within six months and at a maximum twelve months of them becoming vacant.

I trust that you will give this letter your consideration.

Kind Regards,

Cc. George Christensen. Federal Member for Dawson, Queensland.

Cc. Mick deBrenni. Minister for Housing &Public Works, Queensland.


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Office of the

Minister for Housing and Public Worlcs Minister for Sport QIYae: sE':~d

Government

Ref: HS 01373-2017

10 JUL 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Auslratla Telephone +617 3719 7270 Facsimile +617 3012 9017 E; [email protected],gov.au

Dear

I refer to your letter dated 12 June 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding the payment of exit entitlements when a resident leaves a retirement village in Queensland, particularly where resale of the unit is delayed. I am replying on the Minister's behalf.

In March 2016, the Queensland Government released the Working together for better housing and sustainable communities discussion paper —this was the first key step to developing a 10-year Housing Strategy. The purpose of the discussion paper was to seek feedback on a range of housing issues from homelessness and social housing through to affordable rental, home ownership and, importantly, retirement and seniors living options.

Since the release of the discussion paper, the review of the Retirement Villages Act 1999 (the Act) has been an important consideration in developing the new Housing Strategy. I am pleased to advise that the Queensland Housing Strategy 2017-2027 was released on 12 June 2017 (www.hpw.gld.gov.au/housingstrategy).

The (Housing Strategy) commits the government to making sure that every Queenslander has a safe, secure and affordable place to call home. The strategy also seeks to deliver confidence and protections to consumers by improving the regulatory frameworks that apply to retirement villages.

The Queensland Housing Strategy 2017-2020 (Action Plan) includes the amending of the Act to improve pre-contractual disclosure processes and introduce new standards to make it easier to address undesirable behaviour in retirement villages. The Minister is aiming to progress these legislative amendments as quickly as possible.

These amendments will provide better consumer protections for residents in retirement villages. The issues you have raised about payment of exit entitlements where resale is delayed have also been considered as part of the suite of legislative amendments.

In addition to legislative improvements, there will be advocacy and support through peak groups to retirement village residents, including funding to prepare for legislative changes. The proposed amendments are currently being drafted and will go through the legislative malting process before they can be introduced into Parliament.


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If you require legal information or advice about your retirement villages matter, the Department of Housing and Public Works funds the Park and Village Information Link (PANIC), operated through the Caxton Legal Service. PAVIL provides free legal information and advice on retirement villages to current, former and potential residents and can be contacted on (07) 3214 6333. I have enclosed a PAVIL brochure for your information.

I hope this answers your queries. If you need any more information or help with this matter, Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely

Kirsten Ram Policy Advisor

Encl.

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MINISTERIAL CORRESPONDENCE BRIEFING NOTE regarding amendments to the Retirement

Villages Act 1999 General -Letter


Regulatory Services State-wide Mr Terry Green, Manager (07) 3008 3435

Subject:

Decision/Action by:



PURPOSE


RECOMMENDATION


Noted

Approved , Not approved

1~1 ROUtine (Straight to MO)


GENERAL MANAGER ENDORSEMENT

Endorsed

COMMENTS

Mark Francis Executive Director, Regulatory Services

Date: 13/07/2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS


Date; ~ ~/ ~/ i DIRECTOR-GEN RAL ENDORSEMENT COMMENTS

Liza Carroll Director-Gen •. . Departm ~ ~ of Housing and Public Works

Dat / / MINISTER'S OFFICE ~~PR~Vl~L COMMENTS

Name:

Date: / /

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BACKGROUND ® raised concerns regarding sections of the Retirement Villages Act 1999 (the

Act) that he would like to have amended. ® comments do not appear to correlate with the Act as it is currently drafted,



FURTHER INFORMATION ® The review of the Act is a component of the Queensland Housing Strategy 2017-2027. The

Housing Strategy seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages.

®

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Office of the Minister for Housing and Public Works Minister for Sport Queensland

Government

Ref: HS 01587-2017

19 JUL 2017


Dear

I refer to your letter of 3 July 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding proposed amendment to the Retirement Villages Act 1999. I am replying on the Minister's behalf.

Promoting consumer protection and fair trading practices in operating retirement villages and in supplying services to residents is a key role undertaken by the Department of Housing and Public Works.

The Queensland Housing Strategy 2017-2027 released on 12 June 2017 (www.hpw.gld.gov.au/housingstrategy) seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages and emphasises the Queensland Government's commitment to making sure that every Queenslander has a safe, secure and affordable place to call home.

Although there is no national legislation that regulates retirement villages, operators are required to comply with relevant state legislation in each state in which they operate. In Queensland, operators are required to comply with the Retirement Villages Act 1999.

The Housing Strategy 2017-2020 Action Plan includes amending the Act to improve pre-contractual disclosure processes and introduce behavioural standards to make it easier to address undesirable behaviour in residential parks and, if necessary, undergo dispute resolution processes. These and other amendments will provide better protection for residents in retirement villages.

These proposed amendments are priority issues that were identified by residents and other stakeholders during the review's consultation process. The proposed amendments are currently being drafted and will go through the legislation-making process before they can be introduced into Parliament. It is expected that they will be introduced into Parliament later in 2017,

In addition to legislative improvements, the government will provide additional advocacy and support, through peak groups and residents' committees, to retirement village residents. The government will work with resident peak groups and residents' committees to determine how we can best support their work in providing practical targeted information, assistance and support to residents.


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The Department of Housing and Public Works has developed the seniors living video series to explain common housing options in retirement, including how retirement villages and manufactured home parks operate, the fees involved in each stage of the process, the importance of seeking legal and financial advice, and useful contacts for expert advice or to make a complaint. These videos can be accessed on the department's website at www.hpw.gld.gov.au/Housing/IndustryRegulation/ RetirementVillages/Pages/Retirement%20villages.aspx.

Thank you for taking the time to write to the Minister about this issue. The Queensland Government is committed to reforms in this industry and on 9 July 2017, the Premier and the Minister announced reforms that are aimed at addressing concerns for older Queenslanders.

If you need any more information or help with this matter, Mr Terry Green, Manager, Residential Services Unit, Department of Housing and Public Works can be contacted on (07) 3008 3450 or email [email protected].

Yours sincerely

p Halton of of Staff


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~, ■

f~ti_.

Minister for Housing and Public Works and Minister for Sport The Honourable Mick de Brenni

quE~_.~~~~r~n~ ~nv~ ~ ~J. ~ ~; n~

Qld Government to strengthen consumer protection for seniors in retirement villages

The Palaszczuk Government is taking action to boost and toughen consumer protection for seniors living in retirement villages as

part of its new Housing Strategy 2017-2027.

Queensland Premier Annastacia Palaszczuk said that changes were needed urgently, to better protect seniors' rights.

"It's essential our retirement living and manufactured home (Residential Parks) laws are centred on fairness for residents and

seniors.

"My Government consulted widely over the past 18 months and it's very clear that the rights of people who live in retirement

villages just aren't in line with the expectations of the community.

"We must ensure our Queensland seniors can enjoy peace of mind in their retirement years, by giving them stringent consumer

protections they need and deserve."

Ms Palaszczuk said, the Queensland Government will introduce laws that would:

require simplified, standard contracts, • require on-going fees and charges to be clearly declared upfront,

introduce a minimum 21 days required to evaluate the contract before signing,

• make exit fees and payments and preparing a unit for resale fairer,

implement dispute resolution processes, and introduce enforceable behaviour standards for village operators.

`I want these changes to take effect before the end of the year.".

The suite of measures are part of the Governments new $1.8 billion Queensland Housing Strategy which aims at making sure all

Queenslanders have safe, secure and affordable places to call home.

Ms Palaszczuk said people who lived in Residential Parks faced similar issues,

"Our seniors and retirees have given so much to Queensland over their working lives. It's only fair and proper that they should be

able to retire with peace of mind and security,

"We intend to put in place a new, staged pre-contractual disclosure process, limits on rent increases, and minimum behavioural

standards for park owners, staff and home owners,' the Premier said.

Currently around 42,000 Queenslanders live in 315 retirement villages, 17,000 are living in 185 residential parks, and 3000 are in

aged rental complexes.

Housing Minister Mick de Brenni said the Queensland Government would also strengthen the voice of village and manufactured home residents and people living in residential services, with $1 million allocated over the next two years.

"People have invested significant amounts of money and pay significant fees to live in these villages and manufactured homes.

"They have a very real right to be heard."

"The Government intends improving this support through initially funding key organisations such as residents groups."


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The flagged legislative changes complement the Residential Transition for Aging Queenslanders Taskforce which has

recommended other actions be taken as well, to support older Queenslanders in retaining their 'independence, as they age and control how and where they live.

The Queensland Government recommends people considering going into retirement villages and manufactured homes should obtain legal and financial advice before signing a contract.

ENDS.


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The Honourable Mick de Brenni M P

Minister for Housing ~ public Works

Po Box 2457

Brisbane 4001

Dear Minister

I am informed that the amendment to the Retirement

Village Bill 1997/98 Amendment's 2005 proposed new draft for consideration

of the House, Clause 66 page 41 Paragraphs 1,2, & 3. The drafting of this

should be similar to that under Rental Law Where the tenant gets their bond

back on vacating a residence. Not only that, but this new law should be

retrospective to any occupant still living in a village irrespective of the wording

of their original contract.

Thus page 60 Clause 106 Sect 2 should also be effectively reworded to

make a time limit for the owners of a Village to repay the balance of deferred

management fees. Sayan agreed price; decided by an independent Valuer: of

the balance, as stated under their contract, in a period of no more than 60

days. it seems only natural justice

under common law that this should be the intention of the revised act. Surely

the fact that there is now included in resident's fees a portion for

refurbishment of villages. Would make deferred management fees seem like

double dipping for the same costs. Whatever the position in law, it is surely

unfair to make relatives of a person who has died wait interminably for the

moneys due to their relative, for the winding up of their estate. I ask you to

consider the hardships of village residents in these matters. There have been

many cases in the past where unfair deductions have been made to the


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remunerations of the Bond, to the extent of the estate receiving only a small

fraction of the moneys due to them. Surely it is in the interests of owners to

make re-sales as attractive as possible, thereby making the village industry a

healthier prospect to all investors. After all they have had years of interest

from the Bonds of residents, implying a duty of care to the happiness of

residents.

I feel so strongly about this matter that

I could find many more paragraphs of matters that have been unjust to

Residents in the past, instead I will rely on your caring and understanding of

the moral standpoints society takes to the aged.

Yours most sincerely


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II~INISTERIAL CORRESPONDENCE BRIEFING NOTE expressing concerns about

retirement village in response to media release of proposed amendments to the Retirement Villages Act 1999 General -Letter

Subject:

Decision/~►ction by:



PURPOSE


Housing and Homelessness Services

Damian Sammon (07) 3008 3425


RECOMMENDATION


Noted


►~/ ROUtIne (Straight to MO) ❑ Non-rOUtlne (DG to endorse)

GE~ RAL MANAGER ENDORSEMENT COMMENTS

'" ish Woolley general Manager, Strategy, Policy and Programs Housing and Homelessness Services

Date; 20/ 7/ 017 Redraft: J4 g~'"1

COMME(V'T DIVISIONEAD E,~:~O ~SEMENT

~~

Christine Castley Deputy Director-General ' Housing and Homelessness Services

Date: 20/07/2017 ~~ Redraft;

DIRECTOR-GENERAL EN OR EMT _ COMMENTS

Liza Carroll Director-Gen • - Departn- of Housing and Public Works

Date; / / MINISTER'S OF~ E APPROVAL COMMEN'T'S

~

Name:

Date: / /

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BACKGROUND • retirement village

written to the Minister for Housing and Public Works and Minister for Sport about the proposed amendments to the Retirement Villages Act 1999 (the Act).

® concerns, related to retirement village, include: - excessive administration fees (general service charges) - the lack of transparency in contractual documents and during the pre-contractual period - the need for greater transparency in annual budget documents - unfair refurbishment and exit fees.

®

• t

®

s

•

t er

® Other proposed amendments to the Act related to amending the Act to: - improve financial transparency, particularly around general services charges - provide a more effective reinstatement process to improve fairness and facilitate quicker

sales - where resale is delayed, require the operator to pay the resident their exit entitlement 18

months after the resident leaves unless doing so would cause the operator undue hardship. ® concern that the negative media attention directed at

retirement villages will make resale of units difficult. However, it is expected that amendments to the Act will have a significant impact on improving consumer confidence in the industry.

CONSULTATION Internal Consultation ®


FURTHER INFORMATION •

• • The review of the Retirement Villages Act 1999 is a component of the Queensland Housing

Strategy 2017-2027. The Housing Strategy seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages.

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• On 10 August2017„the Housing Legislation (Building. Better Futures) Amendment Bi112017 was introduced•. into Parliament and referred to the. Public. Works: and Utilities Committee. As part of its considerations, the Public Works and Utilities Committee will call for public submissions which will allow.: all. interested parties to have input. into. the reform. of the industry.

®

At the conclusion of its considerations,. the. Public Works.. and Utilities Committee. will table its report on the reforms to the Queensland Parliament by 28 September 2017 as,part of the process to amend the existing legislation.

Page 3 of 3 18053R RTI Document - Page 34

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Office of the

Minister for Housing and Public Works Minister for Sport Queensland

Govermnent

Ref: HS 01598-2017

15 SEP 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: hpw®ministerial.gld,gov.au

Dear

Thank you for your email of 10 July 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding proposed amendments to the Retirement Villages Act 1999 (the Act). I am replying on the Minister's behalf.

The Palaszczuk Government shares your concerns with some of the practices within the Retirement Village industry and the Premier has publicly stated earlier this year that she wants new laws passed in 2017 to better protect seniors' rights in Queensland.

In delivering on the commitments made by the Premier, the Minister introduced the Housing Legislation (Building Better Futures) Amendment Bill 2017 into Parliament on 10 August 2017. This Bill contains important legislative amendments to the Retirement Villages Act 1999 to improve protections for residents in retirement villages.

Further information on the reforms contained in the Bill can be found in the attached media release.

The Queensland Government will also support additional advocacy services, through peak groups and residents' committees, to retirement village residents. The Government will work with these groups to determine how their work can best be supported in providing practical targeted information, assistance and support to residents.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Department of Housing and Public Works can be contacted on (07) 300 4700 or email [email protected].

Yours sincerely

lip Halton of of Staff

Encl.


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s.78B(2)

Media release Minister for Housing and Public 1Norks Minister for Sport Hon Mick de Brenni MP


Palaszczuk Government brings on consumer protection laws for Queensland retirees

The Palaszczuk Government will increase consumer protections for Queensland seniors in retirement, introducing into Parliament new laws focussing on retirement villages and manufactured homes,

Minister for Housing and Public Works Mick de Brenni said the proposed changes would make a significant difference to Queensland seniors looking at retirement options.

"These news laws will give provide broad ranging, enforceable powers to ensure fairness across the retirement living sectors," Mr de Brenni said.

"For too long residents of some retirement villages have felt powerless. We owe our older generation better than that.

"This is about making sure that everyone is treated fairly, giving seniors support when they are planning retirement, and after they retire.

'I would like to thank all of the organisations and community groups who have contributed to the comprehensive consultation on these new protections, particularly members of my Ministerial Housing Council.

"In particular I would like to thank the Council on the Aging, Leading Age Services Australia, National Seniors Australia, Caxton Legal Centre, Property Council of Australia, Queensland Law Society, Queensland Shelter, Association of Residents of Queensland Retirement Villages, the Queensland Council of Social Services, the Queensland Disability Network, Tenants Queensland and the Urban Development Institute of Australia.

"These reforms reflect feedback from a wide range of Queenslanders, and establish a strong regime that will protect Queensland seniors for a long time to come."

Proposed changes to the Retirement Villages Act 1999 include:

® enabling simplified, standard contracts, ® requiring ongoing fees and charges to be clearly declared upfront, ® introducing a minimum 21 days to evaluate the contract before signing, ® limiting the time for payment of a resident's exit entitlement ® making unit reinstatement arrangements before resale fairer, ® improving dispute resolution, and ® introducing enforceable behaviour standards for village operators and residents.

Mr de Brenni said the proposed amendments to the Manufactured Homes (Residential Parks) Act 2003 included strengthening laws controlling rent increases.

18053R RTI Document - Page 36 Release

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~~~~~~dia ~~~l~ase

Minister for Housing and Public Worlcs Minister for Sport Hon Micicde Brenni MP


"This will provide peace of mind and stability for the residents of manufactured home parks, many of whom are aged over 50 and on pensions," he said.

"Site rent increases will be limited to once a year and home owners will be consulted before increases are put in place.

"We are also proposing amendments to make the legislation easier to understand, such as making it clearer that separate utility meter reading charges are not allowed.

"Another significant change proposed in the legislation is introducing behavioral standards which focus on how park owners, their staff and residents interact.

"It is designed to safeguard quality of life for everyone in residential parks."

Mr de Brenni said the government was also committed to taking on board and implementing good ideas from residents and home owners about how to improve things.

"We've set aside $1 million over two years to provide advocacy and support through resident associations to assist retirement village residents, manufactured home owners and residents of boarding houses," Mr de Brenni said

"The funding will be used to develop, in consultation with resident groups, practical improvements, such as identifying what training may be required for village staff or how best to organise resident committees."

The amendments to the Retirement Villages Act 1999 and Manufactured Homes (Residential Parks) Act 2003 form part of the Queensland Housing Strategy 2017-2027 released earlier this year.

[ENDS] 10 August 2017


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From: Electorate Office @parliament.gld,gov.au>

Sent: Monday, 10 July 2017 10:50 AM To: Housing and Public Works Cc: Subject: FW: Proposed legislation for Retirement Villages

Importance: High

Ministerial matter

From: Sent: 10 July 2017 10:00 To ~parliament.gld.gov.au' a~parliament.gld.gov.au>

Cc @parliament.gov.au' (~parliament.gov.au>

Subject: Proposed legislation for Retirement Villages Importance: High

Hon. Annastacia Palaszczulc. Premier and Minister for Inala Hon. Michael de Brenni, Minister for Housing and Member for Springwood

Dear Madam,

Like many other Retirement Villages in Queensland, I was very pleased to hear about your proposed legislation.

Set out below are my, and many other residents', concerns about

1) EXCESSIVE INCREASES IN ADMINISTRATION FEES IN RETIREMENT VILLAGES (And possible imposition of a cap on fees) 2) The need for transparency in PID's in the pre-contractual period before signing the document and greater transparency in the Annual Budget documents. 3) The question of charging the estates of residents with refurbishment fees as well as exorbitant exit fees.

The were aghast at the recent increase in Administration Fees announced at the presentation of the Annual Budget for 2017/18 on Thursday, 18~"May, 2017. Under the current Retirement Villages Act Qld. 2004, fees are supposed not to rise more than 2-3% per annum in line with the annual increase in the Cost of Living Index.


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The PID's vary enormously depending on the date of entry. For example, same of the older PID's allowcapital gains as well as exit fees from the estates of the tenants when they move on to other dwellings or die. Although the Village is in theory not allowed to impose refurbishment fees in current PID's, in reality the final settlement often includes such fees. The variation in exit fees is extraordinary. Some PID impose exit fees of 25% over 25 years, but a new resident entering the village today would have fees of 40%, imposed over 2 years. It would appear that nearly every resident is under a different contract.

While the old adage "caveat emptor" obviously applies to real estate, it is worth noting that the average age of residents entering the village is 80+ Quite often the entry age is around 92-93 and the resident is in poor health making it difficult for them to maintain independence, regardless of whether they choose an independent living villa or an assisted living apartment. To qualify for an ASL, they must be able to reach the dining room under their own steam, to `churn' as many villas or apartments as possible each year in order to make large profits for their shareholders,

we cannot afford to live hen we will not be able to afford to live anywhere as our asset in our home will be almost valueless.

I am looking forward to hearing further about your proposed changes and the enactment of it later this year.

Yours sincerely


NOTICE -This e-mall and any attachments are confidential and only for the use of the addressee.

If you have received this e-mail in error, you are strictly prohibited from using, forward(ng, printing, copying or dealing in anyway whatsoever with il, and are requested to reply immediately by e-mall to the sender or by telephone to the Parliamentary Service on +61 7 3553 6000.

Any views expressed In this a-mall are the author's, except where the a-mail makes it clear otherwise. Tho unauthorised pubiicatlon of an a-mall and any attachments generated for the offic(al functions of the Parliamentary Service, the Legislative Assembly, Its Committees or Members may constlhite a contempt of the Queensland Parliament, if the information conlalned in this a-mail and any attachments becomes the subject of any request under Right to Information legislation, the author or the Parliamentary Service should be notified.

Il is the addressee's responsibility to scan lhfs message for viruses. The Parliamentary Service does not warrant that the information is free from any virus,defect or error.

3


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Department of Housing and Public Works Ref:

MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject:

Letter from regarding proposed amendments to the Retirement Villages Act 1999

Decision/Action by:

General -Letter

Reasons for Urgency: N!A Briefing type:

Correspondence -Requested

Responsible Area:

Housing and Homelessness Services Electorate:

Contact Officer:


PURPOSE


RECOMMENDATION


Noted ~ Approved Not approved

® Routine (straight to Mo)



Irish Woolley General Manager, St tegy, Policy and Programs Housing and Homelessness Services

Redraft: i 4 ~~ I ~ 1 Date: 25/07/2017 DIVISIONAL HEAD ENDORS MENT COMMENTS

(~~~ J~/~~~~

Christine Castley Deputy Director-Genera Housing and Homelessness Servi es

Redraft: ~~ / Date: 27/07/2017 DIRECTOR-GENERAL ENDO EM NT COMMENTS


Dat= ~' ! / MI =' ER' OFFICE APPROVAL

~„ ;

~~

COMMENTS

date: / I

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Department of Housing and Public Works Ref: HS 01G30-2017

BACKGROUND ® has written to the Minister about the proposed amendments to the Retirement

Villages Act 1999 {the Act). He proposes that exit entitlements should be available to residents immediately after leaving the retirement village.

• Generally, residents only receive their exit entitlement once their unit is sold. • The Act is silent about operator repayment of exit entitlement when resale is delayed, leaving

the matter to contract. • On 10 August 2017, the Minister introduced the Housing Legislation (Building Better Futures)

Amendment Bill 2017 into Parliament containing proposed amendments to the Act to require retirement village operators to pay residents their exit entitlement 18 months after they leave a village, except in cases of operator hardship.

• The amendments will apply to existing contracts, but with a prospective focus. Where a resident has already left a village, the 18-month period for payment of the exit entitlement will commence from the date of assent of the amended legislation, not the date of departure of the resident.

® All other relevant information is contained in the letter to

CONSULTATION Internal Consultation • Not applicable

External Consultation • Not Applicable

Attachments ® Attachment 1 —Media release of 10 August 2017 for attachment to letter to

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lip Halton of of Staff

Office of the Minister for Housing and Public Works Minister for Sport Queensland

Government

Ref: HS 01630-2017

2'1 SEP 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E; [email protected]

Dear

Thank you for your email of 12 July 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding proposed amendments to the Refinement Villages Acf 1999 (the Act). I am replying on the Minister's behalf.





I hope this information answers your enquiry. If you need any more information or help with this matter, Ms Belinda Lewis, Acting Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3004 4700 or email [email protected].

Yours sincerely

Encl.


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Media release Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP


Palaszczuk Government brings on consumer protection laws for Queensland retirees

The Palaszczuk Government will increase consumer protections for Queensland seniors in retirement, introducing into Parliament new laws focussing on retirement villages and manufactured homes.





`I would like to thank all of the organisations and community groups who have contributed to the comprehensive consultation on these new protections, particularly members of my Ministerial Housing Council.




• enabling simplified, standard contracts, • requiring ongoing fees and charges to be clearly declared upfront, • introducing a minimum 21 days to evaluate the contract before signing, • limiting the time for payment of a resident's exit entitlement • making unit reinstatement arrangements before resale fairer, • improving dispute resolution, and • introducing enforceable behaviour standards for village operators and residents.

Mr de Brenni said the proposed amendments to the Manufacfiured Homes (Residential Parks) Act 2003 included strengthening laws controlling rent increases.


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From: Sent: Wednesday, 12 July 2017 11:28 AM To: Housing and Public Works Subject: Retirement Villages Act New Laws

Importance: High

for Mick de Brenni MP Minister for Housing and Public Worlcs and Minister for Sport

Subject: Retirement Villages Act New Laws Title; First Name: Family Name:

Comment:

Dear Sir,

I understand you are carrying out a review of the retirement villages act. are residents of a retirement village When a person leaves this village their monthly payments must continue for up to 9months after leaving or passing away by them or their family. Usually during this period on most occasions nothing is done to refurbish or put the house on the market which stops the family from settling the estate until they receive there final payout from the company which can be up to 12 months after handing back the keys. I find this. very unfair to the families. My request to you is that you pass a new law that states the company has to payout the person or estate the day they had in the keys as the company knows years in advance how much the payout is to be. This would allow the person moving out or there estate to get on with there lives instead of paying fees for up to nine months for a house or unit that they no longer have and interest or access to. Trusting you will consider this request during your review for the new laws.

i


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Department of Housing and Public Wor{<s Ref: HS 01652-2017

MINISTERIAL CORRESPONDENCE BRIEFING NOTE regarding the ABC Four Corners investigation

retirement villages titled 'Bleeding them dry until they die'

General -Letter

Subject:

Decision/Action by:



PURPOSE


Regulatory Services Statewide Terry Green, Manager (07) 3008 3435

To provide the Minister's office with additional background information and context to support the information contained in the proposed response,

RECOMMENDATION


Noted

Approv

Not approved

Routine (straight to Mo)

❑ NOn-roUtlne (DG to endorse)


(endorsed)

COMMENTS

Mark Francis Executive Director Regulatory Services

Date: 24/07/2017 DIVISIONAL HEA~ NDORSEMENT COMMENTS

Christine Castle Deputy Director -• eral Housing and Homelessness Services

Date~7/ ~ / (~ DIR O -GE ERAL ENDORSEMENT COMMENTS


Date; / / MINISTER'S OFFICE APPROVAL COMMENTS

Name:

Date: ~fl 8l / -~

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Department of Housing and Public Wori<s Ref: HS 01652-2017

BACKGROUND • On 24 June 2017, an ABC online article `Aveo: Exploitation of the elderly rife in retirement

villages' was published, prior to the broadcast of a Four Corners investigation which raised issues relating to contracts, exit fees, occupant rights and unit buy-backs at Aveo retirement villages in Victoria and New South Wales.

® On 26 June 2017, the ABC broadcast of a Four Corners investigation into Aveo titled 'Bleeding them dry until they die'.

• Aveo is a significant operator of retirement villages in Queensland.



FURTHER INFORMATION • The review of the Retirement Villages Act 1999 is a component of the Queensland Housing

Strategy 2017-2027. The strategy seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages.

• Legislative amendments are currently being drafted and remain confidential while they go through the legislation making process. It is expected that they will be introduced into Parliament later in 2017.

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Government

Ref: HS 01652-2017

o a auc 70~~


Dear

Thank you for your email of 13 July 2017 regarding the Four Corners report on the practices within the Retirement Village industry.

The Queensland Housing Strategy 2017-2027 released on 12 June 2017 (www.hpw.gld.gov.auihousingstrategy) seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages and emphasises the Queensland Government's commitment to making sure that every Queenslander has a safe, secure and affordable place to call home. The Housing Strategy 2017-2020 Action Plan includes amending the Retirement Villages Act 1999 to improve protections for residents in retirement villages.

On 9 July 2017, the Honourable Annastacia Palaszczuk MP, Premier and Minister for the Arts and I announced reforms to regulation of the retirement village industry that are aimed at addressing the concerns for older Queenslanders that you have raised. These reforms are priority issues that were identified by residents and other stakeholders during the review's consultation process. It is expected that they will be introduced into Parliament later in 2017.

Further information on the reforms can be found on the attached media release,

The Queensland Government will also provide additional advocacy and support, through peak groups and residents' committees, to retirement village residents. The government will work with resident peak groups and residents' committees to determine how their work can best be supported in providing practical targeted information, assistance and support to residents.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Terry Green, Manager, Residential Services Unit, Department of Housing and Public Works can be contacted on (07) 3008 3450 or email [email protected].

Yours sincerely

Mick de Brenni MP Minister for Housing and Public Works and Minister for Sport

Encl


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~~~I~ la rig, ~~~e

Minister for Housing and Public Works Minister for Sport Flon Micic de Brenni MP


Qld Government to strengthen consumer protection for seniors in retirement villages

The Palaszczuk Government is taking action to boost and toughen consumer protection for seniors living in retirement villages as part of its new Housing Strategy 2017-2027.

Queensland Premier Annastacia Palaszczuk said that changes were needed urgently, to better protect seniors' rights.

"It's essential our retirement living and manufactured home (Residential Parks) laws are centred on fairness for residents and seniors.

"My Government consulted widely over the past 18 months and it's very clear that the rights of people who live in retirement villages just aren't in line with the expectations of the community.

"We must ensure our Queensland seniors can enjoy peace of mind in their retirement years, by giving them stringent consumer protections they need and deserve."

Ms Palaszczuk said, the Queensland Government will introduce laws that would: ® require simplified, standard contracts, ® require on-going fees and charges to be clearly declared upfront,

introduce a minimum 21 days required to evaluate the contract before signing, ® make exit fees and payments and preparing a unit for resale fairer, ' ® implement dispute resolution processes, and • introduce enforceable behaviour standards for village operators.

"I want these changes to take effect before the end of the year."

The suite of measures are part of the Governments new $1.8 billion Queensland Housing Strategy which aims at making sure all Queenslanders have safe, secure and affordable places to call home.

Ms Palaszczuk said people who lived in Residential Parks faced similar issues.

"Our seniors and retirees have given so much to Queensland over their working lives. It's only fair and proper that they should be able to retire with peace of mind and security.

"We intend to put in place a new, staged pre-contractual disclosure process, limits on rent increases, and minimum behavioural standards for park owners, staff and home owners,' the Premier said.

Currently around 42,000 Queenslanders live in 315 retirement villages, 17,000 are living in 185 residential parks, and 3000 are in aged rental complexes.


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Minister for Housing and Public Works Minister for Sport Hon Mick de Brenni MP


Housing Minister Mick de Brenni said the Queensland Government would also strengthen the voice of village and manufactured home residents and people living in residential services, with $1 million allocated over the next two years.

"People have invested significant amounts of money and pay significant fees to live in these villages and manufactured homes.

"They have a very real right to be heard."

"The Government intends improving this support through initially funding key organisations such as residents groups."

The flagged legislative changes complement the Residential Transition for Aging Queenslanders Taskforce which has recommended other actions be taken as well, to support older Queenslanders in retaining their independence, as they age and control how and where they live.

The Queensland Government recommends people considering going into retirement villages and manufactured homes should obtain legal and financial advice before signing a contract.

ENDS


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From: @bigpond.com > Sent: Thursday, 13 July 2017 2:15 PM To: Housing and Public Works Subject: retirement villages Attachments: docx

Minister De Brenni....

Please find attached file regarding retirement villages.

Even though it is not addressed to you I have been asked

to send to you by reporters Fairfax Press

Thankyou


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Fairfax Media Sydney Nsw

Good Morning to you Both,

Firstly I would just (il<e to thanl<you for doing the program on 4 corners regarding AVEO

Retirement Villages which also then appeared in the Sydney Morning Herald for the next

couple of days. I also got sent other articles from friends regarding the program which were

very helpful.

While the program concentrated on AVEO, who have retaliated with large adverts in the

press, this problem with retirement villages does not stop with them. You could have done

the same program on literally dozens of companies. There are the For Profit (FP) companies

like AVEO , Lend Lease, Stockland etc and then the so called Not For Profit (NFP) companies

like the church and charity organisations, RSLCare etc. What is happening is the FP

companies and leading the way in extorionate charges and fees and the NFP companies are

following suit. Let's start from the beginning with Deferred Management Fees (DMF). I am

talking about Loan License Villages.

When DMF came in approx. 25/30 years ago, they were bought in by the church and charity

groups in the main. The idea was that a resident bought into the village 25/30% less up

front than similar units available in the same postcode area. The profit then came when the

resident passed on or left the village. What has now happened over the years is that

residents are now paying full retail price or exceedingly more up front and are still being

charged the DMF when they leave. In other words the companies are taking it from both

ends which should not be the case (double dipping), and all DMF villages are doing it. DMF

or (exit fees) should be ceased immediately as these companies are legally taking advantage

of elderly and sick residents.

The contracts or agreements are so complex, most elderly residents would not have a clue

at what they are getting into and nor would 90% of the solicitors who have no

comprehension of the Retirement Village Act, the PID and Residents Agreement.

The Ingoing Fee (the right to occupy) is basically an interest free loan to the operator (please

explain that one to me) as the resident is getting no return on their funds.

The General Service Charge which residents pay every fortnight for the running of the village

is based on the annual budget bought out by the operator. These budgets are not

transparent enough with a whole lot of charges lumped into a lump sum. The draft of the

budget is bought out 2 weeks before the budget meeting and residents only get a copy if

they ask for one, and secondly 2 weeks is no where near enough to dissect it especially if

the resident has to ask for additional information to justify a charge or entry.

The management, staff and sub-contractors are nowhere near accountable enough with not enough supervision or inspection of work performed. In some cases sub-contractors are

having to come back time and time again to fix the same problem.


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When you come to leave or pass on, this is when the charges really kick in. For example the

DMF can amount to 30/35% of the incoming fee and depending on the operator this can be

spread over 9 years. But what is happening now is operators are increasing the DMF

percentage and lowering the number of years it applies to. In our village it has been lowered to 6 years. (the reason for this 6 years is statistically a larger percentage of

residents either leave or pass on in 6 years). The operator therefore picks up the total of

the DMF charge. Other operators are loading the percentage upfront in the early years of

occupancy so they pick up a majority of the DMF percentage. That is why as above this DMF

charges should be stopped immediately to stop the legalised fleecing of elderly residents.

The ongoing charge of the General Service Fee after you have gone (or dead) for a period of

9 months is to anyone totally outrageous. Why should any deceased resident or their

estate keep on paying for this maintenance when they are no longer around.

You then pay a selling fee to the operator who has in most cases 6 months right to sell your

unit. This is actually not true as it is more for eternity as no real estate agent would take on

the complexity of selling these loan licence units plus the fact that the incoming resident still has to satisfy the operator. If the unit does not sell, the operator has up to 2 years to pay

out to the ex resident or the estate. (scandalous).

You then have to pay reinstatement/refurbishment costs to the operator depending on your

contract to bring the unit back to an updated selling proposition. Watch out for the charges

here as some operators try to charge for extra things than the resident has to pay for, plus

they again in some cases have their own contractors who do the work. The right of the

resident to employ their own contractors is like climbing mountains. Absolute rubbish !

Then there is an outgoing administration fee which can vary from village operator to

operator like the incoming legal contract preparation fee that all residents pay.

Each state has its own Retirement Village Act so they vary from state to state and as we are

in Qld we have the Retirement Village Act Qld 1999. Most of which are absolutely terrible

toward the resident, however I believe you cannot Keep blaming the Acts as the operators

belong to the Property Council of Australia with their high powered barristers and accountants who will find ways around and through these Acts to take advantage to make more profits.

Which brings us to the legal and dispute side of Retirement Villages. The resident is on the

receiving end of any Dispute situation arising from the Act both legally and financially. If a

resident launches the dispute with the operator, they have to pay the costs going to the

Tribunal which as pensioners have not got the funds. They cannot afford representation

from a solicitor whereas the operator can afford the funds and the high powered legal

advice. The resident would only possibly receive help from a residents association if they were a member.

In a resident/resident dispute, there is nothing in the Act that covers this situation and the

operator hides behind this absence in the Act to do nothing. Some villages are completely

divided and the atmosphere is completely toxic. Residents leave the village doing


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thousands of dollars just to get out while others are psychologically affected and basically

retreat from life and spend their retirement days hiding in their units.

Then there is the small matter of I think the word in the industry is "churning". I would like

to refer to it as "legally gouging the guts out of elderly and sick Australians". The operator

under the Act can enter your unit if they believe it is not suitable for you to live in anymore

say due to your health. When old and sick residents come into the village, the older and

sicker the better as far as the operator is concerned.

I do not believe this to be an isolated instances and any care that any normal person should

have shown was completely missing. When you come in here, care goes out the window

and obviously replaced by numbers and profit.

There are residents in here who hate the place, residents who would leave if they could,

but you do not realize these loan licence villages with DMF (Exit fees) are nothing but a

financial and psychological trap. What a way to spend your retiring years.

Please do not give up as thousands of retirement villages residents are hoping for results to

this terrible situation. It is not just in Victoria but ALL STATES in Australia affecting residents

in loan licence villages with DMF (Exit) Fees. It is a National problem but controlled by State

Legislation.

The INEQUALITY of residents in Retirement Villages is there for all to see and would be

looked at as DISCRIMINATION compared to residents living in normal surburban situations.

Once you come into Retirement Villages, the rules of life and engagement change ending up as absolute ABSURDITY.


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From: Sent: Saturday, 15 July 2017 6:04 PM To: Housing and Public Works Subject: Please address exorbitant retirement village exit fees &maintenance fees

Hon Michael (Mick) de Brenni, Minister for Housing and Public Works and Minister for Sport, Queensland Government,

Dear Mr de Brenni,

I've visited 4 retirement villages and have contacted 5 others.

I support your Labor govt in its legislation to protect seniors living in retirement villages? I was alerted to this in the Fairfax news item, Queensland government pledges to clean up retirement village deals.

I can't afford to go into retirement villages because of:

® exorbitant exit fees and high monthly maintenance fees. ® I'm looking at a unit atone village that has these shocking fees. If I left after 5 years it

would cost me 35% of what I paid for the unit - in exit fees. ® One unit priced at $390,000 would charge this amount in exit fees - $136,500. This is a

blatant rip off that would be a loss to my family or me. Then add the monthly maintenance fees (or body corporate) of $525 per month and I would barely survive on the pension I hope I'm about to receive.

® It is urgent that the govt take immediate action to change these wicked charges. And PLEASE MAKE THE LEGISLATION APPLY RETROSPECTIVELY.

The expose that Four Corners and Fairfax Media did on etirement villages a few weeks ago is only the tip of the retirement village iceberg. It's happening at the 9 villages I've enquired about here in the See: The Retirement Village Racket.

I like the community feel of these villages but exit fees, high monthly maintenance fees, and complicated contracts have to be addressed urgently.

Would you please encourage your govt to take urgent action to address these injustices against the elderly.

Would you please advise me of what aspects of the 'racket' will be corrected in this Qld legislation? When do you expect the govt will introduce this legislation to parliament?

I am thrilled to hear your govt is taking action.

Yours sincerely,

i


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Department of Housing and PuUlic Worl<s Ref; I-IS 01787-2017

NIINISTERI,4L CORRESPONDENCE BRIEFING NOTE MP on behalf o

regarding the Retirement Villages Act 1999

General -Letter

Subject:

Decision/Action by;



PURPOSE





RECOMMENDATION

It is recommended that the letter to be signed. As well as the letter to MP

Noted


Routine (straight to Mo) ❑ Non-routine (DG to endorse)


Endorsed

COMMENTS

Trish Woolley General Manager, Strategy, Policy and Programs Housing and Homelessness Services

Date; 15/08(2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS

Endorsed


Date: 17/08/2017 DIRECTOR-GENERAL ENDORSEMENT - COMMENTS

Liza Carroll Director-Gener,_ Departmer •" Housing and Public Works

D:'e; / / MINISTER'S OFFI E A' OVAL

; ft ~-, COMMENTS

~. ~~ t. ~j )~~;~i~~

Name:

Date; /

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Department of {-lousing and Public Worl<s Ref: HS 01787-20'17

BACKGROUND MP, Member for as written to the Honourable Micl< de Brenni MP,

Minister for Housing and Public Wor{<s and Minister for Sport attaching correspondence from about the Retirement Villages Act 1999 (the Act).

® wrote to expressing their concern about the amount of money that their would receive after leaving retirement village to move into aged care

® The Ivey issues of concern appear to be the amount of the exit fees payable to the operator and the costs to reinstate the retirement village unit.



FURTHER INFORMATION ® On 10 August 2017, Minister de Brenni introduced the Housing Legislation (Building Better

Futures) Amendment Bill 2017 into Parliament containing proposed amendments to the Act. With respect to reinstatement processes, the Bill will make amendments (note: does not over-ride exiting contracts): - to the definition of `reinstatement' to mean `putting the unit back in the condition it was in at

the start of the residency, less fair wear and tear' - so residents only liable for costs of reinstatement, with operators responsible for costs of

any additional work (refurbishment/ renovation), unless the resident agrees to contribute (e.g. where there is a capital gain sharing arrangement)

- to expedite resale (including for existing contracts) disputes arising from reinstatement/renovation will be able to go straight to the Queensland Civil and Administrative Tribunal (rather than through the 3-step dispute resolution process)

® Neither the Act nor the Bill fixes or caps exit fees, however relevant amendments include: - mandatory payment of the departed resident's exit entitlement after 18 months, unless the

operator can prove that doing so would cause hardship - requiring exit fees to be clearly declared upfront - introducing a minimum 21 days to evaluate the contract, including the exit fees, before

signing ® The amendments requiring payment of the departed resident's exit entitlement will apply to

existing contracts, but with a prospective focus. Where a resident has already left a village, the 18-month period for payment of the exit entitlement will commence from the date of assent of the amended legislation, not the date of departure of the resident.

® The exit fee system could potentially be considered under the commitment in the Queensland Housing Strategy 2017-2027 to `streamline the legislative frameworks for regulated forms of housing (such as retirement villages and residential parks), to promote resident protection, innovation and regulatory consistency'.

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Government

Ref; HS 01787-2017

10 OCT 2011

MP Member for

1 William Street Brisbane Queensland cP0 Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E; [email protected]

Dear

Thank you for your letter of 31 July 2017 on behalf of your constituents egarding their concerns about the Retirement Villages Act 1999.

A response has been provided directly to addressing the issues they have raised.

Yours sincerely

,- ./ ,,,`

Mick de Brenni MP Minister for Housing and Public 11Vorks and Minister for Sport


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Office of the

1Vlinister for Housing and Public Worl~s 1Vlinis~er for Sport Queensland

Government

Ref: HS 01787-2017

10 ocT 201

1 William Slreet Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone+617 3719 7270 Facsimile +617 301 2 9017 E: [email protected]

Dear

I refer to your letter to MP regarding the Retirement Villages Act 1999 (the Act). As the issues you have raised fall within the Housing and Public Works portfolio, a copy of your letter has been forwarded to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport for response. I am replying on the Minister's behalf.

The government acknowledges that one of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population.

The Queens/and Housing Strategy 2017-2027 released on 12 June 2017 (www.hpw.gld.gov.au/housingstrategy) seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages, and emphasises the Queensland Government's commitment to every Queenslander having access to a safe, secure and affordable place to call home. The Housing Strategy 2017-2020 Action Pian requires amendments to the Act to improve protections for residents in retirement villages.

In July 2017, the Honourable Annastacia Palaszczul< MP, Premier and Minister for the Arts and Minister de Brenni announced that reforms to regulation of the retirement village industry would be progressed urgently.

On 10 August 2017, Minister de Brenni introduced the Housing Legislation (Building Better Futures) Amendment Bill 2017 into Parliament containing proposed changes to the Act to increase consumer protection and provide greater security, confidence and fairness to those entering, living in, and leaving retirement villages. These changes aim to address the priority issues that were identified by residents and other stakeholders during state-wide consultations and the review of the Act. These changes include reform on the issues you have raised, such as making retirement village unit reinstatement arrangements before sale fairer, and limiting the time for payment of a resident's exit entitlement.

Further information on the proposed amendments to the Act can be found in the attached media release, You can also access the Bill on the Queensland Parliament website at www.parliament.gld.gov.au/work-of-assembly/bills-and-legislation/Bills-before-the-House.


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If you require legal information or advice about your retirement villages matter, the Department of Housing and Public Works funds the Park and Village Information Linl< (PANIC), operated through the Caxton Legal Service. PAVIL provides free legal information and advice on retirement villages to current, former and potential residen#s and can be contacted on (07) 3214 6333.

I hope this answers your queries. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely

Halton f of S4aff

Encl.


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~ ~ a~ Me , I~1 re ~a~e

Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP


Paleszczuk Government brings on consumer protection

la~nrs for Queensland retirees

The Paleszczuk Government will increase consumer protections for Queensland seniors in retirement, introducing into Parliament new laws focussing on retirement villages and manufactured homes.

Minister for Housing and Public Works Micic de Brenni said the proposed changes would make a significant difference to Queensland seniors looking at retirement options.

"These news laws will give provide broad ranging, enforceable powers fio ensure fairness across the retirement living sectors," Mr de Brenni said.





"These reforms reflect feedbac{< from a wide range of Queenslanders, and establish a strong regime that will protect Queensland seniors for a long time to come."





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Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP

Queensland Governmenk












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fi luly 2017

Dear

We wish to communicate with you regardingthesituation that exists for not onlybut many elderly residents of independent retirementvillages.

We were absolutely astonished at the estimate we received. the estimated sale price is $470,000. Half ofthe capital gain goest pays 30% on the FULL sale price which equates in factto 35%ofthe sale price that she foregoes. On top ofthats efurbishment and legal costs to pay, resulting in an estimated payout ofaround $255,000—a pretty poor outcome at a critical time in tife_


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We are writing to you to express our extreme disappointment in the queensland Governments legislation: Retirement V(lage Act 1999.

We a re absolutely astounded to discover that a govern ment would actually legislate to allow such unfairadvantage to betaken of elderly people in theirtwitight years.

The financial impact is huge and'debifirating for those people who are living independently but wish to do so in the company ofthose of similarage and experiences.

No other particular benefit is conferred but the cost on exiting the complex is in purview highway robbery.

A similarsituation could be found in a private unit complexwhere alt ofthe asset remains with the owner ofthe unit.

This then compounds their ability to afford residential aged care as their needs progress.

Other ancillary services can be obtained no matter where they live,

We have attached a copy ofa Ietterthat was sentto the Cwhich details our concerns.

Coincidentally a program aired on "A Current AffaiY' this weekwhic6 depicts an even worse situation than

We would very much like to meet with you and discuss this untenable situation ifyou are able.

Yours sincerely


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So there are two issues here we have strong thoughts about: e We understand contradfor purchasing at.l as perfectly legal and

do not dispute that_ Howeverwebelieve itto be morally bankrupt,

. e t

®

Yours sincerely


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MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: Letter from about retirement village issues Decision/Action by: Urgent -Letter

Reasons for Urgency: Minister's Office request Briefing type:

Correspondence -Requested

Responsible Area: Housing and Homelessness Services Electorate: Contact Officer: Lisa Pollard (07) 3008 3401

PURPOSE


RECOMMENDATION

It is recommended that the letter to be signed,

Noted


-:,ROUtlne (Straight to MO)

❑ NOn-routine (DG to endorse)

GENE;AL MANAGER ENDORSEMENT COMMENTS

~'nsh Woolley eneral Manager, Strate•y, Policy and Programs


DIVISIONAL HEAD ENDOR EMENT COMMENTS


Date! ~/ DIRECTOR-GENERAL ENDORSEMENT COMMENTS

Liza Carroll Director-Gen- ~: Depart of Housing and Public Works

+ate: ! / MINISTER'S OFFICE APPROVAL

w-~,.~- -~

COMMENTS

Name:

Date /~ty ~'

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BACKGROUND • has written to the Premier and Ministers about the concerns of the

etirement Village Resident's Association, and on behalf of people living in retirement villages in general.

®

® In her recent correspondence, raises broader concerns about retirement villages and the Retirement Villages Act 1999 (RV Act).

® These issues, and how it is proposed that they be addressed, are as follows.

Cap on exit fees

®~ Issue: suggests that there should be an industry wide cap on exit fees.

• Response: Exit fees, and how they increase, are agreed at the point of entry between the prospective resident and the operator. Different exit fee amounts may be payable depending on what services or features are provided in the retirement village.

• The exit fee model is of concern to many in the community.

•

®

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Reinstatement of units • Issue: raises issues regarding the requirement for a resident to move out of a

retirement village before a unit is put up for sale, and operators requiring former residents to pay for extensive refurbishments. also concerned about delays in paying exit entitlements to former residents needing the funds to access advanced care.

® Response: The government is making improvements to these processes as part of the Housing Legislation (Building Better Futures) Amendment Bill 2017:



ATTACHMENT • Attachment 1 —letter to

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Minister for Housing and Public Works ~/[inister for sport Queensland

Government

HS 01832-2017

8 4 OCT 2017


Thank you for your submission of 4 August 2017 raising concerns about the Retirement Villages Act 1999 (the Act) and suggesting amendments to improve consumer protection. I commend your on-going advocacy and support for improved regulation of retirement villages in Queensland.

As you know, I introduced the Housing Legislation (Building Better Futures) Amendment Bill 2017 containing proposed amendments to the Act, into the Queensland Parliament on 10 August 2017. The Parliamentary Public Works and Utilities Committee has now recommended that the Bill be passed. I understand my office has now shared the Committee's report with you.

The proposed amendments to the Act introduce several significant reforms for retirement villages residents and the industry, including improved pre-contractual disclosure processes, new behaviour standards for operators and residents, greater financial transparency regarding retirement village funds, budgets and financial statements, fairer unit reinstatement arrangements before resale, and limits on the time for payment of resident's exit entitlements.

Some of the issues raised in your submission are matters that we should continue to work on together, on the basis that the Parliament passes this Bill, providing new powers to regulate this important sector.

I would like to invite you back to Parliament House when the Bill is debated. My office will be in contact soon to provide details once a date and time is known.

Finally, I can assure you that I will ensure that the Department of Housing and Public Works will continue to work closely with other Australian jurisdictions in considering any appropriate responses to the issues and concerns raised about retirement villages.

I hope this information answers your enquiry. If you need any more information or help with this matter, Policy Advisor can be contacted on (07) 3719 7280 or email

@ministerial.gld.gov.au.

Yours sincerely

e renni MP Minister for Housing and Public Works and Minister for Sport


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I-Ionourable Premier and honourable Ministers o~ State, thar►1c you for this opportunity to address you.

Firstly, I would like to thank Minister de Brenni for his recent assistance regarding the provision of defibrillators in retirement villages. He certainly demonstrated genuine concern about this issue.

I speak, on behalf of people living in retirement villages in general; illages in particular; where we are being slowly transitioned from partially freehold to totally leasehold.

We believe the Retirement Villages Act needs to be revised significantly and urgently. The current totally inadequate format, favours the village owners and Scheme operators at the expense of the residents —

® Scheme operators have the operating and financial advantage of having access to major Legal expertise to draw up their contracts.

~ There are few affordable legal advice services available for buyez•s who can explain what they are letting themselves in for. Very few of our residents understand their own contract. What chance do their families have when the time .comes to wind up the estate.

® It is relatively easy to become aresident — it is much more difficult and expensive to cease being a resident.

The Act needs to be changed to enable consideration of the following: ® ~ To legislate a fixed industry-wide amount for Exit Fees (or Deferred

Management Fees). Some years ago these fees were capped at 25% of the realised sale price and reached over 10 years in increments of 2.5% per year. Over the last 10 years the scheme operator has increased them to 35 over 3 years because there are no controls in place to prevent it. This makes the REAL or EFFECTIVE cost of Living in the Village astronomical.

® We also question the current validity of allowing the owners/operators to have a monopoly on the selling of units (or as they call it "the right to reside") by using their own in-house sales company . This has resulted in overcharging in terms of commission and, we believe, restrictive sales practices where they can give preference to selling particular units to the exclusion of others. It would be much fairer if these practices were prohibited by law and sellers given fairer choice.

® Another recent practice which should be stopped is the scheme operator


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refusing to market and sell units until they have been vacated, reinstated and where, if pressure can be brought to bear, refurbished to show-home quality at the seller's expense. Where and how are the departing residents supposed to live until the unit is sold especially when the proceeds of the sale are required urgently to access advanced care.

Kudos to the NSW government for appointing an ombudsmen to deal with such issues. What can we expect here in Queensland?

Presented by


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MINISTERIAL CORRESPONDENCE BRIEFING NOTE egarding the ABC Four Corners investigation

General -Letter

Subject:

Decision/Action by:



PURPOSE

NIA Correspondence -Requested

Regulatory Services Statewide Mr Terry Green, Manager (07) 3008 3435


RECOMMENDATION


Noted


[Routine (straight to Mol ❑ Non-routine IDG to endorses

EXECUTIVE DIRECTOR ENDORSEMENT

ENDORSED

COMMENTS

Patrick Cowell Acting Executive Director, Regulatory Services, Housing and Homelessness Services

Date: 15/08/2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS

Chnstine Castley Deputy Director-General Housing and Homelessness Services

Date• / DIREC OR-GENERAL ENDORSEMENT COMMENT'S

Liza Carroll Director-General Department o ,> ." sing and Public Works

~:,,: / / MINISTER'S O ICE APPR VAL COMMENTS

1~

1

Name:

Date; /

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BACKGROUND •

®

®



FURTHER INFORMATION • The review of the Retirement Villages Act 1999 is a component of the Queensland Housing

Strategy 2017-2027. The strategy seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages.

® On 10 August 2017, the Housing Legislation (Building Better Futures) Amendment Bill 2017 was introduced into Parliament and referred to the Public Works and Utilities Committee to report back to Parliament by 28 September 2017.

® As part of its considerations, the Public Works and Utilities Committee will call for public submissions which will allow all interested parties to have input into the reform of the industry.

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hilip Halton hief of Staff

ncl.

Office of the


Government

Ref: HS 01843-2017

2 5 5~P 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: [email protected],gov,au

Dear

Thank you for your letter dated 2 August 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding your views on the real cost of living in a retirement village. I am replying on the Minister's behalf.





If you need any more information or help with this matter, Ms Belinda Lewis, Acting Executive Director, Strategic Policy and Research, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely


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~wiedia r:l~~~e Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP


Pala:~~c~uCc Government brings on consumer protection laws for Queensland retirees










® enabling simplified, standard contracts, ® requiring ongoing fees and charges to be clearly declared upfront, ® introducing a minimum 21 days to evaluate the contract before signing, ® limiting the time for payment of a resident's exit entitlement

making unit reinstatement arrangements before resale fairer, ® improving dispute resolution, and ® introducing enforceable behaviour standards for village operators and residents.



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"Another significant change proposed in the legislation is introducing behavioral standards which focus on how park owners, their staff and residents interact,




"The funding will be used to develop; in consultation with resident groups, practical improvements, such as identifying what training may be required for village staff or how best to organise resident committees,"

The amendments to the Retirement Villages Act 1999 and Manufactured Homes (Residential Parks) Acf 2003 form part of the Queensland Housing Strategy 2017-2027 released earlier this year.



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From: Springwood Electorate Office <[email protected]> Sent: Thursday, 3 August 2017 2:16 PM To: Housing and Public Works Subject: FW: Retirement Village -the REAL Cost of Living Attachments: letter to micl< de brenni retirement village costs 2017.doc

From:

Sent: Thursday, 3 August 2017 2:15 PM

To: Springwood Electorate Office <Springwood@parliament,gld,gov.au>

Subject: Retirement Village -the REAL Cost of Living

Dear Minister —please refer to the attached letter.

Kind Regards

Consider the environment before you print this ema11.

NOTICE -This e-mail and any attachrnents are confidential and only for the use of the addressee.

If you have received this e-mail In error, you are strictly prohibited from using, forwarding, printing, copying or dealing in anyway whatsoever with it, and are requested to reply immediately by e-mail to the sender or by telephone to the Parliamentary Service on +61 7 3553 6000.

Any views expressed in this e-mail are the author's, except where the e-mail makes it clear otherwise. The unauthorised publication of an e-mail and any attachrnents generated for the official functions of the Parliamentary Service, the Legislative Assembly, its Committees or Members may constitute a contempt of the Queensland Parliament. If the information contained in this e-mail and any attachments becomes the subject of any request under Right to information legislation, the author or the Parliamentary Service should be notified.

It is the addressee's responsibility to scan this message for viruses. The Parliamentary Service does not warrant that the information is free (r•orn any virus,defect or error.

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2"`~ August 2017 The Hon Mick de Bretmi Minister• for Housing and Public Works and Minister for Sport

Dear Mituster The REAL Cost of Living iu a Retirement Village

I am aware that some residents of the retirement village have aheady been in contact with your office, and I understand some even addressed the open forum

that the State Government, and your good self in particular, are proposing to review and revise the laws relating to the retirement village industry in Queensland. Somewhat in support of what my fellow residents might have said and, hopefully, to assist in your t•eview I submit the following for your consideration.

They have increased the Exit Fee from the previous 25%/ 30% to 35% but on the buy-in price not the sale price; and, importantly, they keep all of any capital gain. They also chat•ge a "Membership Fee" of $1500 per year escalated at 2.5% per year for a maximum of ten years and accumulated until the sale occurs.


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To my mind, the real problem stems from people moving into a retirement village not really understanding what they are committing to and what the real costs and restrictions such Living incurs.

So, what is the REAL cost of living in a retirement village? It is certainly not going to be a financially beneficial investment; it is more a preparedness to incur a considerable cost to enjoy the lifestyle benefits that can accrue.

In most villages, there are basically two components of cost:

2. The fees incurred on leaving the village which include an "Exit Fee" (otherwise called a "Deferred Management Fee"); the cost of reinstatement of the unit (in Queensland, a legislative requirement); the cost of refurbishment (or modernising or upgrading the unit and which is supposedly optional but claimed to be necessary in order to render the unit more marketable); legal costs incurred by the scheme operator; sales commission; and, in at least one particular corporate case, an accumulated annual "membership fee".

It is the second series of costs, particularly the Exit Fee, which is the real killer and would be a significant disincentive if incoming residents really understood its potential magnitude.

In addition to the above costs there are the normal day-to-day living expenses incurred directly by the resident including food and services such as gas, electricity, telephone and Internet connection, etc.

Let's look at some possible examples. have the following charges:

Exit Fee is applied to the buy-in price and —


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® In the first year, starts off at zero but builds up pro rata to 7% at the end of 12 months;

• In the second year, starts off at 7%and builds up over the year to 2I%; ® In the third year, starts off at 21%but builds up over the year to 35% and remains

at that thereafter.

So, the following (minimum) charges would apply

Period in Residence fora Unit bought at $400,000- 2017 dollars throughout

18 Months 30 Months 42 months 54 Months 5 Years

10 Years

Exit Fee -Rate 14.0% 28,0% 35,0% 35.0% 35.0% 35.0%

ExitFee-Amount $53,900 $ 107,800 $ 134,750 $ 134,750 $ 134,750 $134,750

Does the Queensland Government's Retirement Villages Act (RVA) help? Not really as it tends to favour the operator giving them the right to determine the contract details and particularly sole right for a period of time to sell the unit. Furthermore, the operator can afford to employ experienced legal advice and assistance in developing their agreements.


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The potential resident can hardly afford such advice and assistance even if it were readily available.

The RVA also allows the operator to stipulate that they will not even attempt to sell a unit until it has been frilly vacated and reinstated and, if necessary, refurbished. Where is a departing resident expected to live until such time as the unit is sold and funds from the sale are available?

Yours Faithfidly


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MINISTERIAL CORRESPONDENCE BRIEFING NOTE

Subject: Email from regarding proposed amendments to the Retirement Villages Act 1999.

Decision/Action by:

General -Letter



PURPOSE





RECOMMENDATION


Noted


ROUtlrle (Straight to MO)

❑ NOn-rOUtlne (DG to endorse)


rish Woolley General Manager, Strat gy, Housing an

G

d Homelessness

Date:/ O /

Policy and Programs Services

DIVISIONAL HEAD ENDORSEMENT COMMENTS


Date/ ~/ ~~ DIRECTOR-GENERAL ENDORSEMENT COMMENTS

Liza Carroll Director-General Departmen ~" ousing and Public Works

e - e: / / MINISTER'S OFFI~ APPROVAL

~~ ~~

COMMENTS

Name:

Date: / /

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BACKGROUND ® as written to the Minister regarding proposed amendments to the

Retirement Villages Act 1999 (the Act) and about aspects of the industry requires stronger consumer protection.

® The Housing Legislation (Building Better Futures) Amendment Bill (the Bill) was tabled in Parliament on 10 August 2017 and is currently being reviewed by the Public Works and Utilities Committee.

a

®

® oncerned about the difficulty residents face when trying to sell a unit to recover their exit entitlement. Where a resident's contract lacks a 'buy-back' clause, the unit may remain unsold for years, preventing a resident from receiving their exit entitlement.

® This matter is also dealt with in the Bill, which will require operators to pay resident's their exit entitlement a maximum of 18 months after they vacate the unit, unless doing so would cause the operator undue hardship. This amendment will be retrospective with the 18-month period starking at commencemerit for residents who have already vacated.

®

® that exit fees should be capped at a fixed amount. This is not a proposed amendment for this round, however this may be examined further as part of future legislative measures.

® The Park and Village Information Linl< has fact sheets that help explain the requirements of the Act that is concerned about.

CONSULTATION Internal Consultation

Not applicable

External Consultation Not Applicable

ATTACHMENT/S ® Attachment 1 —Media Release on improved consumer protection for retirees.

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Office of the 1Vlinister for Housing and Public Works IVlinister for Sport

1 William Slreet Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +61T 3719 7270 Facsimile +617 3012 9017 E: [email protected]


Ref: HS 01932-2017

2 5 SEP 2017

Dear

Thank you for your email of 13 August 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding amendments to the Retirement Villages Act 1999 (the Act). I am replying on the Minister's behalf.






Yours sincerely

Halton of Staff

Encl.


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~Jledia release Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP


Palaszc~u~: Government brings on consumer protection laws for Queensland retirees




"For too long residents of some retirement villages have felt powerless. We owe our older generation better than fihat.









Release

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i~~u~c~i~i release Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP




"We are also proposing amendments to make the legislation easier to understand, such as making it clearer that separate utility meter reading charges are not allowed,









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Park and Village Information Link

Moving out o a ets cement Ala l I~~e

Moving out of and selling your right to reside in a

retirement village is different to selling a house.

This factsheet explains how to sell your right to

reside in a retirement village unit and also explains

what rights your relatives have in the event that

you die leaving them living in your unit.

The Department of Housing and Public Works

factsheets Fees forSelling a Unit and Reinstatement

of Retirement Village Units may also help you

to understand your rights and obligations when

moving out of a retirement village.

This factsheet is for general information only. It is

important to obtain legal advice that is specific to

your circumstances.

TERMINATING YOUR

AGREEMENT

Before your right to reside is sold, your residence

agreement must be terminated.

You can terminate your residence agreement by giving

a one-month written notice to the scheme operator.

If the village is unregistered, you can terminate

your agreement within 14 days of becoming

aware that the village is not registered. In this

case, you are entitled to be repaid your full ingoing

contribution and will not have to pay any exit fees.

The village operator can terminate your residence

agreement in the following circumstances:

® within 14 days by a written notice if you

intentionally or recklessly:

— injure a person at the retirement village

—damage an accommodation unit

—damage the property of another person at

the village

® within two months by written notice if:

—you materially breach your agreement

—the operator believes that you have

abandoned your unit

— an assessment is carried out and it is

demonstrated that your accommodation is

unsuitable for your health needs orthat you

need a higher level of care than is available

at the village.

RESELLING THE RIGHT TO

RESIDE

Once you have decided to resell your unit, you and

the village operator must negotiate in good faith

to try and agree on the resale price (see below for

a sample letter to negotiate the resale value of a

unit). If no agreement is reached within 30 days

from the termination date, the village operator

must obtain an independent valuation within a

further 14 days. This valuation then becomes

the resale price. It is likely that you will need to

contribute to the cost of the valuation.

If the village operator has not resold your unit

within six months after the termination date, and

you have not received your exit entitlement, you

can engage a real estate agent to sell your unit.

If you do engage a real estate agent, you will be

responsible for the payment of their fees

and commission.

Updating the resale price

If your unit has not been resold within six months

after your retirement village agreement has been

terminated and you have not received your exit

entitlement, the resale price of the unit must be

updated every three months.

The same process used to set the original price

should be followed to update the resale price.


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MOVING OUT OFA RETIREMENTVILLAGE

Again, if no agreement can be reached with the village

operator about the resale price, a valuer must be

appointed within 14 days, and the valuation will become

the agreed resale price. You will be required to pay some

of the valuel-'s costs.

Getting your unit ready to sell

To resell your unit, it must be returned to a

marketable condition. Within 30 days of you leaving

the village, you and the operator must reach an

agreement about what work needs to be completed

to return the unit to a marketable condition. This is

described as reinstatement.

See the Department of Housing and Public Works

factsheet about reinstatement for more information.

Information about resale process

The village operator must promptly advise you of all

offers made to purchase your retirement village unit if

you have left the village and have not been paid your

exit entitlement. Also, you are able to ask the village

operator to provide a monthly update about the sale

process, including information about:

® all sales enquiries made relating to your unit

® steps taken to promote the sale

® other units for sale at the village.

Exit fees

The exit fee is an amount of money that you may need

to pay the scheme operator when you stop living in the

village. Exit fees are sometimes referred to as deferred

management fees. Your residence agreement will

probably provide that operators can deduct your exit

fees and other costs from the proceeds of the sale of

your unit.

How your exit fee is calculated will be provided in your

agreement. Exit fees are often calculated by having

regard to the ingoing contribution and the length of time

you have lived at the village. For example, the exit fee

may be 5% of the ingoing contribution for the first year

of residence and then increase to 10% for the second

year and soon.

Ongoing fees

When you leave a village, the operator should provide

you with a statement that outlines the ongoing fees

that you are liable for. For example, you may have to

pay the general services charge for up to nine months

after you vacate the unit, unless the unit sells earlier.

You may also have to pay personal services charges for

up to:

® one month after you give notice that you are vacating

® fourteen days after you give notice because the

village is not registered

® fourteen days after the operator gives notice due to

dangerous behaviour or, if the notice is extended, 14

days after the extension period

® two months after the operator gives notice because

you have breached the agreement, abandoned the

unit or been assessed as medically unfit to live in

the unit.

Exit entitlement

An exit entitlement is an amount that an operator may

be required to pay to you when you leave your unit or

when payment of the sale of your right to reside in the

unit is received.

The operator does not have to pay you your exit

entitlement until the date stated in your agreement

(if any) or 14 days after settlement of sale, whichever

comes first.

If you are considering terminating your residence

agreement you can ask the operator for a statement

setting out an estimate of your exit entitlement. This

is likely to also give you an indication of exit fees and

other amounts payable before you will receive your exit

entitlement. The operator must give you the statement

within 14 days of your request unless you have

previously received one within the last six months.

Rights of relatives

Your right to reside in your unit ends on your death or

when you terminate your residence agreement and

leave the retirement village. If your spouse or relative

has lived in the unit for six months or longer without

being on the agreement, they can live in the unit for

three months after you die or leave the village. During

this time your relative has all the rights and liabilities

of a resident. They must write to the operator stating

that they agree to the terms of the agreement while

they live in the unit. They must do this within 14 days

of the date of your death or from the time at which you

no longer live in the unit.

2 I CAXTON LEGAL CENTRE INC. RETIREMENT VILLAGES FACTSHEET


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MOVING OUT OFA RETIREMENTVILLAGE

Your relative may also wish to enter into a residence

agreement to live in the unit. They may do so if all of the

following applies:

• your interest was leasehold or licence

® no other person has a right under the agreement to

live in the unit

® they meet the eligibility criteria to live in the village

® they give written notice of their wish to enter into a

residence agreement.

DISPUTESAND ADVICE

See the Park and Village Information Link factsheet

Disputes and Complaints for practical guidance

about how to resolve disputes that relate to

retirement villages.

TH E LAIN

The Retirement Villages Act 1999 (Qld) contains the

law about retirement villages in Queensland. It does

not contain the law about resolution of disputes

between residents.

CONTACT POINTS

PARK AND VILLAGE INFORMATION LINK

This service, situated at Caxton Legal Centre, provides

information, advice and assistance about the law

relating to retirement villages. To access this service,

call the centre on (07) 3214 6333.

ASSOCIATION OF RESIDENTS OF QUEENSLAND

RETIREMENT VILLAGES

This association provides advice and information

to members about dispute resolution. For more

information or how to become a member visit their

website at www.villagers.org.aLl.

DEPARTMENT OF JUSTICE AND ATTORNEY-GENERAL

The department provides a free mediation service to

help settle disputes without having to go to court.

You can contact this service on (07) 3239 6269 or

1800 017 288 (toll free outside Brisbane).

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

The tribunal can make orders about disputes relating

to retirement villages. The tribunal is contactable on

1300 753 228.

QUEENSLAND LAW SOCIETY

This service can provide referrals to a lawyer who has

experience advising and assisting people who are

thinking of moving into a retirement village. To get

a referral, contact the Queensland Law Society on

1300 367 757.

RESIDENTIAL SERVICES UNIT

This unit regulates the Retirement Villages Act 1999

(Qld). This includes investigating complaints and

alleged breaches of the Act. You can contact the unit on

(07)3008 5824.

Caxton Legal Centre Inc.

© Copyright Caxton Legal Centre Inc.

1 Manning Street

South Brisbane Qld 4101

Telephone: (07) 3214 6333

Facsimile: (07) 3846 7483

Internet: www.caxton.org.au

This information is current at May 2015.

Disclaimer This information is intended only as a guide. It is not a substitute for legal advice.

No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person acting or

relying on information contained in or omitted from this publication.

RETIREMENT VILLAGES FACTSHEET CAXTON LEGAL CENTRE INC. 13


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MOVING OUT OF A RETIREMENT VILLAGE

SAMPLE LETTER TO NEGOTIATE RESALE VALUE OF A UNIT

10 February 2015

Mrs Jennifer Jones

The Manager

The Residence

455 Juniper Street

Brisbane Qld 4001

Dear Mrs Jones,

Sale of Unit 15

As you Know, I currently live in Unit 15 at The Residence.

On 10 January, I provided you with a written notice that I was terminating my

residence contract (one-month notice.

On 27 January, you responded to my termination notice and said that you

considered the resale value of my unit to be $100 000.

I consider my unit to be worth closer to $120 000. My view is based on the following:

1. The right to reside in Unit 16, which is a very similar unit to my unit, sold six

months ago for $122 000.

2. I purchased my unit 12 months ago for $125000, and there has been no

significant deterioration of the unit since that time.

Please consider revising your estimate of the resale value of my unit and provide

me with your response in writing within seven days of the date of this letter.

If you do not agree that the resale price should be $120000, please provide

reasons why.

I am aware that if we cannot agree on the resale price, within 30 days from the

date my contract terminates, that you must obtain a valuation to set the price.

I hope we can avoid the need forthis expense by reaching a mutual agreement.

I look forward to hearing from you.

Yours sincerely

Angela Jensen

Tel: 0472 345 789

4 I CAXTON LEGAL CENTRE INC. RETIREMENT VILLAGES FACTSHEET

This paragraph outlines the issue

that you are trying to negotiate—

anotherexample could be the costs

associated with reinstatement.

State here your view and the basis

of that view—for example outlining

the work that you think needs to be

completed to reinstate the unit.

In this paragraph outline how you

would like the village operator to

respond and also provide a time

frame for their response.


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From: [email protected] Sent: Sunday, 13 August 2017 2;11 PM

To: Housing and Public Works Subject: retirement village torts

Importance: High

Cabinet Contact email for Mick de Brenni MP Minister for Housing and Public Works and Minister for Sport

Subject: retirement village torts Title First Name: Family Name: Email: Phone: Address

---- Comment:

Dear Minister,

I understand that your government is reviewing and making some changes to the legislation governing retirement villages. I would like to comment on the aspects of legislation that, in my view, needs to be changed to protect those who buy in and also those who have already bought into these villages.

The second issue that needs to be looked at, is the time taken to sell the unit, particularly for those older contracts The new contracts state that the company will buy back the unit if not sold in 12 months or so, but the units under older contracts can take years to sell.

it took over two years to sell the unit, meanwhile the deferred monthly fees continued to mount, leaving little left to refund when the unit finally sold. so, obviously the sales staff concentrated on selling the new units rather than push the sales of the older


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units- they were still getting the hefty monthly fees so what incentive did they have to sell them? And the village sales team set the non-negotiable price for the unit to give them the highest possible capital gain which can make a sale difficult to achieve. When signing up, we were not aware that it could take such a long time for a unit to sell, and in fact the system is open-ended and it may never sell, with the monthly fees eating up any of the remaining investment, and could even go into the negative with their children or the estate having to cover the costs. I understand that with the federal government's aged care package changes with a view to keeping people in their homes, the `assisted living' units are becoming increasingly difficult to sell. Although the new contracts now say that the village will buy back the unit if not sold within a specified timeframe, that still leaves those on older contracts stuck with an unsold unit and mounting fees for possibly years. It is very different to selling a home in the open marketplace with a choice of sales agent and a choice of what price offer• you will accept. I also understand that their sales staff also charge for any advertising undertaken and even if a potential buyer is shown the unit, yet you are trapped into selling thz•ough them. Residents need protection from this endless trap.

I have heard village operators defend the high exit fees saying that the deferred exit fee type contract system used by many retirement villages, is to compensate the village operators for the lower subsidised cost of the units compared with homes in the general community.This may have been so once, but now that is rubbish.

So in comparison, this particular village is now pricing their units at a higher rate than comparable units in more desirable suburbs, and much higher than the average value of homes in the

are valued and then lose exit fee which is outrageous. This is price gouging surely. As prices escalate in these retirement communities due to demand as the baby boomers reach the age of wanting this type of community living, and places are limited, there should be a limit placed on the size of the exit fee that can be charged.

I hope your govertzznent looks carefully at all of these issues and passes legislation to protect retirement village residents, old and new, from these unfair practices. It has become purely a lucrative money making exercise for village proprietors and shareholders, and the elderly are paying a very hefty price, with no protection.

Yours sincerely

2


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Qepartment of Housing and Public Works Ref: HS 01948-2017

MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: on behalf of , a

resident at regarding unfair retirement village contracts and fees



Responsible Area: Residential Services Unit Electorate: Contact Officer: Tamara Roudenko, Senior Residential Services Officer (07) 3008 3450

PURPOSE


RECOMMENDATION


Noted


ROUtine (Straight to MO)

❑ NOrI'rOUtinB (DG to endorse)


ENDORSED

COMMENTS

Patrick Cowell A/Executive Director, Regulatory Services Housing and Homelessness Services

Date: 24/08/ 2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS

jristine Castley Deputy Director-General Housing and Homelessness Services

Date;~l ~/( 7 DIRECTOR-GENERAL ENDORSEMENT COMMENTS

Liza Carroll Director-General Department of. ~ •using and Public Works

Date: / it♦ 41111NIST~~~ 'S OFFICE APPROVAL COMMENTS

~~

Na

Date: / /

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Department of Housing and Public Worlcs Ref: HS 01948-2017

BACKGROUND • is a registered retirement village under the

Retirement Villages Act 1999. ® ffers leasehold accommodation across ndependent living units and

serviced apartments.



FURTHER INFORMATION • contacted the Honourable Mick de Brenni MP, Minister for Housing and Public

Works and Minister for Sport on behalf ofretirement village.

• concerns regarding the complex and difficult retirement village contracts that elderly residents are having to sign, along with high exit fees which won't leave enough money from proceeds of the eventual sale of the property to cover aged care costs

® The review of Act is a component of the Queensland Housing Strategy 2017-2027. The Housing Strategy seeks to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages.

® Legislative amendments have been drafted and remain confidential while they progress through the legislation making process.

® On 10 August 2017, the Housing Legislation (Building Better Futures) Amendment Bill 2017 was introduced into Parliament and referred to the Public Works and Utilities Committee. As part of its considerations, the Public Works and Utilities Committee will call for public submissions which will allow all interested parties to have input into the reform of the industry.

• At the conclusion of its considerations, the Public Works and Utilities Committee will table its report on the reforms to the Queensland Parliament by 28 September 2017 as part of the process to amend the existing legislation.

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Office of the

~/Iinister for Housing and Public Vrlorl~s 1Vlinister for Sport Queensland

Government

Ref: HS 01948-2017

2 5 SEP 2017


Dear

Thank you for your email of 16 August 2017 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works and Minister for Sport regarding unfair retirement village contracts and fees. I am replying on the Minister's behalf.

The Palaszczuk Government shares your concerns with some of the practices wifhin the Retirement Village industry and the Premier has publicly stated earlier this year that she wants new laws passed in 2017 to better protect seniors' rights in Queensland.





Yours sincerely

ip Halton f of Staff

Encl.


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I~iC~~ l a re ease Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP


Palaszczuk Government brings on conu~rller protection laws for Queensland retirees






'I would like to thank all of the organisations and community groups who have contributed to the comprehensive consultation on these new protections, particularly members of my Ministerial Housing Council.




enabling simplified, standard contracts, ® requiring ongoing fees and charges to be clearly declared upfront, ® introducing a minimum 21 days to evaluate the contract before signing, ® limiting the time for payment of a resident's exit entitlement ® making unit reinstatement arrangements before resale fairer, ® improving dispute resolution, and ® introducing enforceable behaviour standards for village operators and residents.



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Me is r~l~~se Minister for Housing and Public Worlcs Minister for Sport Hon Micic de Brenni MP








"We've set aside $1 million over two years to provide advocacy and support through resident associations to assist refiirement village residents, manufactured home owners and residents of boarding houses," Mr de Brenni said

"The funding will be used to develop, in consultation with .resident groups, practical improvements, such as identifying what training may be required for village staff or how best to organise resident committees."


[ENDS 10 ,4ugust 2017


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From:

Sent:

To:

Cc:

Subject:

Springwood Electorate Office <[email protected] >

Wednesday, 16 August 2017 9:53 AM Housing and Public Works

FW; aged care

Original Message FromSent: Wednesday, 16 August 2017 8:56 AM To: Springwood Electorate Office <[email protected]> Subject: aged care

Dear Mick,

I am sure you are aware of the plight of the elderly within retirement villages and I would like to advise you ofexperience which is ongoing.

when they moved in had to sign contracts and exit fees which at the time were complex and difficult and the explanations by the real estate person at the time were totally inadequate.

It is very misleading and from my point of view unfair as to what is going on in these facilities.

A 30%exit fe taken from the sale of the property, as well as another sale fee and legals, from an aged person when they leave the facility.

They have no interest in trying to market this property and why would they when they can extract fees for the next nine months!

do not agree to the fees and by signing any exit letter that this will not impede any legal recours e in the future.

I believe the industry should be looked at in depth and this gouging of fees from the elderly is totally amoral. If you need further information I would be happy to talk with you about this issue, as I am hoping that something will be done by government to stop this practice.

regards,


1


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h ~

NOTICE - This e-mail and any attachments are confidential and only for the use of the addressee.

If you have received this a-mail in error, you are strictly prohibited from using, forwarding, printing, copying or dealing in anyway whatsoever with it, and are requested to reply immediately by e-mail to the sender or by telephone to the Parliamentary Service on +61 7 3553 6000.

Any views expressed in this e-mail are the author's, except where the e-mail makes it clear otherwise. The unauthorised publication of an e-mail and any attachments generated for the official functions of the Parliamentary Service, the Legislative Assembly, its Committees or Members may constitute a contempt of the Queensland Parliament. If the information contained in this e-mail and any attachments becomes the subject of any request under Right to information legislation, the author or the Parliamentary Service should be notified.

It is the addressee's responsibility to scan this message for viruses. The Parliamentary Service does not warrant that the information is free from any virus,defect or error.

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Department of I-lousing and Puhlic Wol'I<s Ref: HS 02016-20'17

MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: with questions to MP,

regarding the Retirement Villages Act 1999



Responsible Area: Regulatory Services Electorate: Contact Officer: Ms Katherine Harvey, A/Senior Residential Services Officer — (07) 3008 3446

PURPOSE


RECOMMENDATION

It is recommended that the letter to MP be signed.

Noled


[ Routine (straigntto Mo)

❑ NOn-rOUtlne (DG to endorse)


ENDORSED

COMMENTS

Patrick Cowell A/Executive Director, Regulatory Services, Housing and Homelessness Services

Date: 31!08/2017 DIVISIONAL HEAD ENDORSEMENT COMMENTS


Date: 9/2017 DIREC OR-GENERAL ENDORSEMENT COMMENTS

Llza Carroll Director-General Department of Housing and Public Works

Date; / / ~ MINISTER'S OFFICE

~~

APPR V/,L

~~~~~ ~

s' r~~ .f, f 1

~'~'1 ~~

COMMENTS

Name:

Date: / /

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Department of I-lousing and Public Worl<s Ref: HS 020'16-20'17

BACKGROUND ® is a resident of , which is a registered

retirement village with approximately resident units, and operates as a Community Titles Scheme,

® wrote to MP, to voice concerns about retirement village as unable to attend a meeting to

as spea{<ing.

CONSULTATION Internal Consultation ® Not applicable

External Consultation ® Not applicable

FURTHER INFORMATION ® The review of the Act is a component of the Queensland Housing Strategy 2017-2027. The

Housing Strategy see{<s to deliver confidence to consumers by improving the regulatory frameworks that apply to retirement villages. Legislative amendments have been drafted and remain confidential while they progress through the legislation-making process.

® On 10 August 2017, the Housing Legislation (Building Better Futures) Amendment Bill 2017 was introduced into Parliament and referred to the Public Wor{cs and Utilities Committee. As part of its considerations, the Public Works and Utilities Committee called for public submissions which will allow all interested parties to have input into the reform of the industry.

® Public submissions for the reform of the industry closed on 27 August 2017. After its considerations, the Public Worlcs and Utilities Committee will table its report on the reforms to the Queensland Parliament as part of the process to amend the existing legislation.

Refiremenfi Villages Acf 1999 — issues and amendments

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Department of F-lousing end Public Worl<s Ref: I-IS 0201G-20'17

Mandatory payment of exit entitlement where resale is delayed ® Issues;

— Lack of certainty regarding timeframe for receiving exit entitlements. An exit entitlement is the money which is paid to a former resident after they leave a village. It is generally paid after their unit is resold,

— Many residents use most of their capital to buy into a retirement village and are dependent on their exit entitlement to fund their next place of accommodation,

— The Act is silent on what occurs if resale is delayed, It can sometimes take months or even years for residents to receive their exit entitlement. When this occurs, a resident can be left financially vulnerable.

• Amendment to resolve the issue: — Require exit entitlements to be paid to residents within 18 months after vacating. Operators

will be required to pay the exit entitlement within 18 months after a resident departs, unless doing so would cause the operator undue hardship. This will also apply to existing contracts,

— Where the resident has already vacated, the 18-month period starts upon commencement of the amending Act. If paying the resident an exit entitlement would cause the operator financial hardship, the operator can apply to QCAT. If hardship is established, QCAT can grant the operator an extension or establish an alternative payment arrangement,

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1V[inister for Housing and PubXic Works 1Vtinister for Sport Queensland

Government

Ref: HS 02016-2017

z 9 sEP zo~~

MP

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E; [email protected]

Dear

I refer to a letter received from your constituent,and concerns about retirement village fees, city council rates and retirement village exit settlements.

raised questions about three aspects of retirement livingRetirement Village which is a leasehold community titles scheme village owned by

As you know, some of these issues are being addressed through legislative amendments already introduced into Parliament.

Fees and charges


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Exit entitlement

pointed out possible financial problems a resident could be faced with when choosing to leave a retirement village.

Retirement village residents may be liable to pay general services charges in full for up to 90 days after they leave their unit, unless their unit sells earlier.

After the 90 days, the resident and the operator share the cost of the charge in the same proportion as they will share the proceeds of the unit resale. The resident pays their share for nine months or until the unit is sold, whichever comes first.

It has been recognised that residents may suffer hardship upon leaving a retirement village if there is a delay in selling their unit. Residents may be liable for ongoing fees for up to nine months after they leave and they may not be able to access their exit entitlement, which can be a significant amount of money, for an extended period after which, in some circumstances, has taken many years.

Amendments have been introduced to resolve this issue whereby scheme operators will be required to pay any exit entitlement to a former resident within 18 months after a resident departs unless doing so would cause the operator undue hardship. This will ensure that residents leaving a retirement village have peace of mind in knowing there is a set date for payment of their entitlement regardless of whether their unit is able to be sold.

Fee increases


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If needs more information or help with this matter, Ms Katherine Harvey, Residential Services Officer, Residential Services Unit can be contacted on (07) 3008 3446 or email [email protected].

I hope this information answers your enquiry. If I can help with other matters within my portfolio, please contact my office on (07) 3719 7270.

Yours sincerely

Micl< de Brenni MP Minister for Mousing and Public Works and Minister for Sport


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Dear

I have three questions I would like answered at the meeting

, which unfortunately, I cannot attend

2. Because of the way our exit strategies are currently structured residents here can wait at

least nine months before ever seeing the refund of the money they paid fora 'right to

reside.' This means should I desire to leave the village and live elsewhere I cannot afford to do so. I am trapped.

Further, even if I did leave, I still have to pay in full, the monthly fees for six months and the

village owner will share the following three months' charges, At the end of nine months the

resident is not obliged to contribute monthly fees any further. Also, even after vacating a

dwelling, residents continue to pay forjust having the connections of gas and electricity and

possibly water to the dwelling while it is vacant. All these extra payments go to the village

owner without the departed lessee receiving their entitled refund until the dwelling is sold.

Then of course there are the deductions from our proposed refund amount:

refurbishment/replacement etc.

Is there not a fairer way of settling these exits? If I left here and did not receive any monetary

amount I would be destitute; so would many others.


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If the three questions on rates, exit strategy and fairer distribution of cost of maintenance of

property issues could all be discussed at the forum and all be included in the proposed State

Government changes relating to both resident charges, cost of upkeep of the village and resident

refunds that would be fairer to residents in retirement villages who are under a lease situation.

I look forward to your reply and to the outcome of the forum on 15 August next.

Yours faithfully


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Department of Housing and Public Works Ref: HS 02210-2016 MINISTERIAL CORRESPONDENCE BRIEFING NOTE

Subject: Vice President of the Association of Residents of Queensland Retirement Villages about the need for retrospective application of amendments to the Retirement Villages Act 1999 to require operators to pay residents their exit entitlement when resale is delayed Contact Officer: Michelle Gilbert Ph No: 3008 3432

BACKGROUND

• On 21 and 22 September 2016, the department held consultation roundtables with resident, industry and legal stakeholders including the Association of Residents of Queensland Retirement Villages (ARQRV). On 27 September 2016, the department held a consultation workshop with 19 retirement village residents, including

• These sessions sought feedback about proposals to amend the Retirement Villages Act 1999 (the Act) as part of the Housing Strategy. Proposals included improved precontractual disclosure, new behavioural standards, increased transparency for financial issues (especially general services charges), an improved reinstatement process, improved protection for residents when a village closes or is wound down and addressing delayed operator payment of the resident's exit entitlement due to delayed resale of the unit.

• Generally, residents only receive their exit entitlement once their unit is resold.

• The Act is silent on operator payment of resident exit entitlement when resale is delayed.

• With respect to early payment of exit entitlement, amending the Act to require operators to pay residents their exit entitlement 18 months after the resident leaves the village except in cases. of operator hardship was discussed. An alternative approach of ceasing a resident's obligation to pay their on-going general services charges at an earlier stage was also discussed.

•

•

• Resident stakeholders like support it and argue that the proposed 18 month period for payment of exit entitlements is too long for elderly people to wait. Residents say it is unfair to be denied their exit entitlement until their unit is resold given this money is needed to fund alternative accommodation.

• Feedback from the roundtables and resident workshop is being used to inform policy proposals

CONSULTATION

Internal Consultation

• Not applicable.



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DIVISIONAL HEAD APPROVAL

Signature:

DIRECTOR-GENERAL APPROVAL

Signature: ►' ~~ ~~sh Woolley

General Manager Strategy, Policy and Programs

Date: ~Y/11/2016 D ~toutine: Straight to MO (via ESU)

Non Routine: DG to endorse

Llza CarrCf Director-General Department ~f Housing and Publlc Works

Date: q / t t !'

t

MINISTER'S OFFICE NOTING COMMENTS

~ Name: l~/• ~~/~~~ ✓j

Date: /,2 /,2 / /~


Release

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The Association of Residents of Qu®ensland Retirement l/illages Inc. PO Box 1351 BUDDINA QLD 4575

Telephone (07) 5413 9211 www.viilagers.org.au

President; Secretary;Email; president@argrv,org.au Email: secretary(a,argrv.orq.au

The Honourable Mick de Brenni M P Minister for Housing and Public Works P, O. Box 2x57 Brisbane a0o1

17th November 2016

Dear Minister,

I wrote to you recently, as per the attached copy letter, in connection with the retrospective application of the proposed "buy back" provision to bring Queensland closer to current legislation in New South Wales and Victoria.

Having now spoken to people far better versed in the matter of legislation I now realise that in fact I should have asked for the insertion in the revised Act of a clause stating that:

"M the event of any provision of this revised act offering better consumer protection to pre-existing residence contracts to reside than the Act it replaces, the provisions of this reviewed act will apply"

Apparently this would be much easier to include in the reviewed document as an additional clause than singling out one clause for retrospective application.

I have used non-legal language and probably terminology which would require the above to be couched in suitable terms by your Department's legal experts.

Please may I now substitute the request in bold in my original letter on the subject of 19 h̀ October with the above?

Regards and thanks,

Vice President vicepresident@argrv,org,au

Cc Mr Damion Sammon, Director, Regulated Services Policy and Legislation,


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The Association ©~r Residents of Queensland Retiremenfi Villages Inc. t'O {3ox 1361 BUDDING QLD 4575

Telephone (Q7) 5413 9211 vvww.villagers.org.au

President: Secretary; Email: [email protected],au Email; secretary(7aargrv.org.au

The Honourable Mick de Brenni M P Minister for Mousing and Public Works P. O. Box 2457 Brisbane 4001

Dear Minister,

19th October 2016

On 218` September I attended a meeting with Damion Sammon at your department having been invited to consult along with other interested organisations on the review of the Retirement Villages Act.

The following Monday 27"' I attended a meeting along with about twenty-five ather retirement village residents also conducted by Damion Sammon. On this occasion I attended as a resident of a village. I later wrote a report on the meeting for our ARQRV committee and enclose a copy for your interest.

Once alerted to the possible non_retrospective application of this provision within the rewritten Act we would anticipate the strong resentment of existing retirement village residents.

The purpose of this tatter is to formally request you to make this part of the revised Act, when enacted, retrospective.

Yours sincerely

Vice Presiden# vicepresident@argrv, org. au

Cc Mr Damion Sammon, Director, Regulated Services Policy and Legislation.


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s.78B(2)

T'he Association of Residents of Queensland Retirement Villages Inc. PO Box 1361 BUDDiNA COLD 4575

Telephone (p7) 5413 9211

vuww.villagers,org,au President: Secretary: Email: [email protected] Email: secretary(c~argrv.orq,au

The Honourable Mick de Brenni M P Minister for Housing and Public Works P. O. Box 2457 Brisbane aool

Dear Minister,

29th November 2016

and I attended ate Property Councils Retirement Village Summit in Melbourne in Monday 27~" and Tuesday 28T" November and whilst there were shown the recently published South Australia Retirement Villages Bill 2016 which includes, on page Eight, the following:

"5 -Application of Act (1) Subject to this section — (a) "Chas Act applies to retirement villages established either before or after the commencement of this Act"

You will recall my having written requesting that this provision be included in our Queensland rewritten Act when written into law.

Please may I repeat my request for this inclusion and cite the South Australian action as justification? Clearly it can be done with comparative ease as in the case mentioned.

Whilst writing could i invite you to read the mentioned document because there are a number of instances of our neighbouring State providing vastly superior consumer protection that Queenslanders currently enjoy. In parkicular i would draw your attention the provisions under section 27 —Exit entitlements, Section 29 —Arrangements if resident is absent or leaves and Section 30 —Arrangernents if resident leaves to enter aged care facility. There are other clauses in their revised Act to which we should draw your attention but those quoted serve to illustrate Just how behind other States we are and that we have a great deal of patching up to do.

1 will enclose a copy of my last letter to save you the task of calling it to hand in order to refresh your memory on that which has gone before,

Vice President vicepresident@argrv, org. au

Cc Mr Damion Sammon, Director, Regulated Services Policy and Legislation.


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s.78B(2)

The Association of Residents of Queensland Retirement Villages Inc. PO Box 1361 F3UDDINA QI_D 4575

Telephone (07) 54'13 9211

vwvw.vil lagers.org.au I~resident: Secretary; Email: [email protected] Email: secretary~a,argrv.orq.au

The Honourable Mick de Brenni M P Minister for Housing and Public Works P. O. Box 2457 Brisbane 4001

7th November 2016

Dear Minister,

wrote to you recently, as per the attached copy letter, in connection with the retrospective applicatian of the proposed "buy back" provision to bring Queensland closer to current legislation in New South Wales and Victoria.

Having now spoken to people far better versed in the matter of legislation I now realise that in fact I should have asked for the insertion in the revised Act of a clause stating that:

"In the event of any provision of this revised act offering betfer consumer protection to pre-existing residence contracts to reside than the Act it replaces, the provisions of this reviewed act will apply"

Apparently this would be much easier to include in the reviewed document as an additional clause than singling out one clause for retrospective application.

l have used non-legal language and probably terminology which would require the above to be couched in suitable terms by your Department's legal experts.

Please may I now substitute the request in bold in my original letter on the subject of 19~" October with the above?

Regards and thanks,

Vice President [email protected]

Cc Mr Damson Sammon, Director, Regulated Services Policy and Legislation.


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Office of the

Minister for Housing and Public Works Queensland Government

Ref: HS 02210-2016

~ 0 FEB 2017

Vice President Association of Residents of Queensland Retirement Villages Inc. PO Box 1361 BUDDINA QLD 4575

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Ausiralla Telephone +617 3719 7270 Facslmlle +617 3012 9017 E: [email protected]

Dea

Thank you for your letter of 19 October 2016 and 17 November 2016 regarding your request for retrospective application of amendments to the Retirement Villages Act 1999 to require operators to pay residents their exit entitlement when the resale of a unit is delayed. The j Minister has asked me to respond on his behalf and I apologise for the time this has taken.

Thank you also for providing a copy of the report you prepared for the Association of Residents of Queensland Retirement Villages Committee on the workshop the Department of Housing ~nd Public Works (department) conducted with retirement village residents about options to improve the Act.

The department is currently finalising proposals to amend the Act. These proposals are being considered as part of the development of a new Queensland Housing Strategy to shape the ~ vision for housing, including seniors' housing, in Queensland over the next 10 years. The iss~es you raise in your letter and report, along will the feedback received from the September 2016 roundtable discussions and the residents' workshop, will be taken into account in determining the most appropriate way forward.

Thank you for taking the time to attend the consultation sessions and for the Association of Residents of Queensland Retirement Villages Committee's continued valuable input about hew the Act can be improved.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Minister for Housing and Public Works


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Department of Housing and Public Worl<s Ref: HS 02262-2016 MINISTERIAL CORRESPONDENCE BRIEFING NOTE

Subject; Two letters from raising concerns about excessive fees in retirement villages and delays in paying exit entitlements Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• are seeking to ensure that issues related to exit fees payable after a resident leaves a retirement village are addressed as part of the review of the Retirement Villages Act 1999. In particular, they raise concerns about financial hardship caused when the repayment of an exit entitlement is delayed, particularly for residents needing to move into a nursing home.

• In their letter of 31 October 2016, any changes to the Act to address delayed payment of the resident's exit entitlement should apply to existing contracts.

• The issues have raised are being considered as part of the review of the Act.

• Generally residents only receive their exit entitlement once their unit is sold. • The Retirement Villages Act 1999 is silent about operator repayment of the exit entitlement

when resale is delayed, leaving the matter to contract.

®

®

®

® However, delays in payment of exit entitlements has been continually identified as a significant issue for seniors and their families. The Honourable Mick de Brenni MP, Minister for Housing and Public Works has been sent a number of items of correspondence from retirement village residents and consumer advocates in relation to this issue. Residents and consumer advocates say it is unfair that former residents are denied their exit entitlement until their unit is resold, given this money is often needed to fund alternative accommodation.

• Recent correspondence from the Vice President of the Association of Residents of Queensland Retirement Villages confirmed the organisation's support for the proposal, but argued the proposed 18 month period for payment of exit entitlements was too long for elderly people to waft. They also sought to have the proposal apply retrospectively to existing retirement village contracts.

•

®

®

• As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

®



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Department of Housing and Public Worl<s

Ref: HS 02262-2016

COPVSULTATION


® Not applicable.

External Consultation

® Not applicable.

GENERAL MANAGER APPROVAL

Signature:

DIVISIONAL HEAD APP • •V ~ L

Signature: dish Woolley eneral Manager, Stra~•gy, Policy and Programs


Date: ~ g/11/2016

Christ) e Castley ~~ Deputy Director-General yo sing and Homelessness Services

Da /11/2016 Routine; Straight to MO (via ESU)

(~ Non Routine; DG to endorse


Signature:

COMMENTS

Liza Carroll Director-General Deparkment of Housing and Public Worl<s

Date: / /


~~":~-~ Name:

Date: p~ ~! ~f l ~(,~


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Rove"gym ~a Minister for Housing and Public Works

Ref: HS 02262-2016

2 3 NOV 2016

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimlie +617 3012 9017 E; [email protected],gov.au

Dear

Thank you for your email and letter of 30 and 31 October 2016 regarding exit fees and delays in paying exit entitlements after a resident has left a retirement village.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable, population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages, Issues relating to the Retirement Villages Act 1999 are being considered as park of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, in Queensland over the next 10 years,

The exit fee is a key feature of the retirement village model and represents the amount paid by residents to the retirement village operator for running the village, Other fees, such as the general services charge, are imposed on a cost recovery basis. The issues you have raised about the delays that can occur with the repayment of entitlements when a resident leaves a retirement village have also been raised by key stakeholders and seniors' groups, and they are being considered,

I would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, I can assure you that my department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible,

Should you wish to seek legal advice on these issues, the department funds the Park and Village Information Link (PANIC), operated through the Caxton Legal Service, which provides free legal information and advice on retirement village issues to former, current and potential residents. PAVIL can be contacted on (07) 3214 6333. I have enclosed a PAVIL brochure for your reference.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07), 3007 4700 or by email [email protected],gov,au.

Yours sincerely

Mick de Brenni MP Minister for Housing and Public Works

Encl


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From:

Sent: Sunday, 30 October 2016 11:48 AM To: Housing and Public Works Subject: Retirement Village Exit Fees

To: The Hon.lVlichael de Brenni 1VIinister for Housing and Public Works

Dear Mr de Brenni

re: 12etirement Village Exit Fees

As the Queensland Retirement Villages Act 1999 is currently under review, we would particularly draw your attention to the matter of EXIT FEES. We trust that the unfair system at present is being reviewed.

Not only are some of the fees extortionate, we would query why are they necessary? especially as we now see more and more advertisements for retirement villages where no exit fee is being charged.

Additionally, on exit, if the unit is not sold, the former resident may have to wait for up to S years for payment. Such a delay in finalising a sale, even if payment is only to a deceased person's estate, is more than an inconvenience, but when the retiree may have needed to move into a Nursing Home, it could be a financial disaster.

Surely, the solution is for the village owner to settle with the departing resident immediately on their departure from the village. The existing arrangement benefits only the village owners, most of whom are only in the business for profit.

It seems to us a big mistake was made when large public companies, such as Lend Lease and others, were allowed to enter the field of retirement villages (as opposed to `lifestyle resorts') because their objective is profit.

Thank you for your consideration,

Yours sincerely,

1


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DIVISIONAL HEAD APPRO AL

~istlne Castley~ Deputy Director-General Ho ing and Homelessness Services

Dad: ~ 2/2016 Routine: Straight to MO (via ESU) Non Routine; DG to endorse


Signature: Endorsed Trlsh Wooley General Manager Strategy, Policy and Programs

Date: 18!11/2016

Signature:

pepartment of Housing and Public Worl<s Ref: HS 02275-2016

MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject; requesting retrospective application of proposed amendments to the

Retirement Villages Act 9999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 30013 3401

BACKGROUND

• n are requesting that proposed amendments to the Retirement Villages Act 9999 regarding payment of exit entitlements are made retrospective so as to apply to existing residents.

• The issues raised are being considered as part of the review of the Act.

Generally residents only receive their exit entitlement once their unit is sold.

® The Act is silent about operator repayment of the exit entitlement when resale is delayed, leaving the matter to contract.

•

® As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

•

CONSU~.TATION


• Not applicable.


• Not applicable.

queensland Government


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Department of Housing and Public Worlcs

Ref: HS 02275-201G


Signature:

COMMENTS

Liza Carroll Dlrector•General Department of Housing and Public Wori<s

Date; / /


Name;

Date: ~ I / (taC, ~~V


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~2~~ ~ ~,~~~~~

_-

~12~r

r~ i ~ ~'

_..iyN?'j'L2 ~C~/a .(i!2 v~'ll~..

.J A

~t!'~~~..- "rte .~ - iZ~GyLtwc/~ ✓ ~/J CiaSt.~~ ~

Q:tG~


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Office of the


Ref: HS 02275-2016

z z urc 2o~r

1 William Street 8rlsbane Queensland GPO Box 2467 8rlsbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +017 3012 9017 E: [email protected]

Dear

Thank you for your letter of 29 October 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works requesting retrospective application of proposed amendments to the Retirement Villages Act X999 (the Act). The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Worl<s is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.

Your request for any change to require payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered.

I would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, I can assure you that the department is working hard to ensure amendments to the Act are introduced into Parliament as soon as practically possible.

The department also funds the Park and Village Information Linl< (PANIC), operated through the Caxton Legal Service. PAVIL provides free legal information and advice on retirement villages to former, current and potential residents. PAVIL can be contacted on (07) 3214 6333. Further information is available on its website https;//caxton.org.au/park_village_information.html. I have also attached a PAVIL brochure for your information.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely

Wendy Bourne Acting Chief of Staff Office of the Minister for Housing and Public Works

Encl.


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pepartment of Housing and Public Worl<s Ref: HS 02283-2016

MINISTERIAL, CORRESPONDENCE BRIEFING NOTE Subject:. requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• has raised concerns about financial hardship caused when the repayment of a former resident's exit entitlement is delayed, particularly for retirement village residents with ill health needing to move into fulltime residential care. hat proposed amendments to the Retirement Villages Act 9999 (the Act) regarding payment of exit entitlements, be retrospectively applied to existing residents.

• The issues has raised are being considered as part of the review of the Act.

• Generally residents only receive their exit entitlement once their t.init is sold.

® The Act is silent about operator repayment of the exit entitlement when resale is delayed, leaving the matter to contract,

®

• As a general rule, amendments with a retrosp~sta~/~--ir~paet-r~qul areful consideration, as these can be inconsistent with the fundamental legislative principles set ot.lt in the Legislative Standards Act 9992.

•

CONSULTATION


• Not applicable.


• Not applicable.


. S.r.t?

Signature. ~G^^'~"

DIVISIONAL HEAD APP' ~~,AL

Signature: Trish Woolley General Manager Strategy,, Polley and Programs

Date: 21!11/2016 ❑ Rouline: 5tralght to MO (via ESU) ❑ Non Routine: DG to endorse

C ~_"ine Cas ey Deputy Director-General Ho sing and Homelessness Services

Da /12/2016 outine: $ raight to MO (via ESU)

❑ Non Routine: DG to endorse


Signature:

COMMENTS


bate: / /


Name:

Date: (~ l / i ~ I ~~,



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The Honourable Mick de Brenni M P Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

30 October 2016

01 n~nV 2016

Dear Minister

REVIEW OF THE RETIREMENT VII.LAGES ACT

I have received a copy of the correspondence sent to you by the Association of Residents of Queensland Retirement Villages Inc. (ARQRV) dated 19a' October 2016.

been residents of Retirement Village atfor the years. seen many changes of residents during that time.

also witnessed many hardships from resident's families when the vacated units have taken up to three years to re-sell. This is particularly noticeable when the original resident has had to leave the village through ill-health and a sizeable bond has been needed to facilitate fulltime residential care in another location.

I note from the above correspondence that a proposed amendment to the Retirement Villages Act is that there should be a time limit of eighteen months for a scheme operator (Village owner) to pay the exit entitlements. It also states that if passed, that amendment would not be retrospective to existing occupants. I would strongly urge you to reconsider this issue on humanitarian grounds and to make such an amendment retrospective to include existing village occupants from the date the Act is amended.

As I am sure you are aware, we live in an ageing time zone. To reduce the cost to government for aged care, it makes sense to assist those to have access to their exit fees, . within a given time frame, so they can pay for their full time residential care.

I trust that you will give my suggestion favourable consideration.

Yours faithfully,


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Office- of the

Minisfer for Housing and Public Works Queensland Goventment

Ref: HS 02283-2016

~ DCC 2016

1 Wllllam Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +817 3719 7270 Facsimile +817 3012 8017 E: [email protected]

Dea

Thank you for your letter of 30 October 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 (the Act). The Minister has asked me to respond on his behalf.

One of ttie important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.


would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however I can assure you that the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.

hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely



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Department of Housing and Public Works I~ef: HS 02303-2016

MINISTERIAL, CORRESPONDENCE BRIEFING NOTE Subject: regarding retrospective application of proposed amendments to the Retirement

Villages Act 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• has written to the Minister for Housing and Public Works to raise concerns about financial hardship caused when the repayment of an exit entitlement is delayed, particularly for retirement village residents moving to higher care accommodation.

is seeking to ensure that proposed amendments to the Retirement Villages Act 9999 (the Act) regarding payment of exit entitlements are made retrospective so as to apply to existing residents,


• Generally residents only receive their exit entitlement once their unit is sold.

• The Act is silent about operator repayment of the exit entitlement when resale is delayed, leaving the matter to contract.

•

• As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative. principles set out in the Legislative Standards Act 1992.

•

CONSULTATION


• Not applicable.


® Not applicable.



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Department of Housing and Public Works

Ref; HS 02303-2016


Endorsed Signature:

DIRECTOR-GENERA ~1~ SAL

Signature; Trish Woolley General Manager, Strategy, Policy and Programs Wousing and Womelessness Services

Date: 21/11/2016

Chris ne Castley Deputy Director-General D~artmen

p of Housing and Public Works

D~: ~ ! r'7if t Tl Routine: Stra(ght to MO (via ESU) ❑ Non Routine; DG to endorse


Signature:

COMMENTS

Liza Carroll Director-General Department of Housing and Public Worlcs

Date: / /


Name:

Date: ~~~' E~ 1•~

6 3 JAN 2011



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~R~';~~EIVE~..

~ b NOV 2016 r

BY; i

i

31St October 2016

The Honourable Mick de Brenni MP

Minister for Housing and Public Works

P.O. Box 2457

Brisbane Qld

4001

Dear Minister

Review of the Retirement Villages Act.

I understand that one of the provisions in the review of the Act provides for a prompt return of the

interest free loan (or ingoing contribution) made by residents taking out a contract to reside in the

Village would not apply to existing leaseholders.

Given the time that operators can and do take to return these moneys it seems that the exclusion of

existing leaseholders is unfair particularly when these funds are very often needed for higher care

accommodation.

I feel that this provision should be made retrospective.

Yours sincerely


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Office of the

Minister for Housing and Public Works Que~.,~s'and Government

Ref; HS 02303-2016

0 5 JAN 2097

1 Wllllam Street Brisbane Queensland GPO Box 2457 Brisbane Queensland A001 Australia Telephone +617 3719 7270 Facsimile +817 3012 g017 E; hpw(a~minlslerial.gld.gov.au

Dear

Thank you for your letter of 31 October 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works regarding retrospective application of proposed amendments to the Retirement Villages Act 1999 (the Act). The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.


would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however I can assure you that the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.

I hope this information answers your enquiry. If you need any mare information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely



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MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: Letter from equesting retrospective application of proposed amendmen#s to the Retirement Villages Act 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

® written to the Minister requesting that proposed amendments to the Retirement Villages Act 1999 (the Act) regarding payment of exit entitlements are made retrospective so as to apply to existing residents.

• The issue has raised are being considered as part of the review of the Act.



®

•

•


•

CONSULTATION


• Not applicable,


• Not applicable.



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Ref: HS 02354-2016


Signature;

DIVISIONAL HEAD APPROV L

Signature:Trish Woolley General Manager, Strategy, Policy and Programs Housing and Homelessness Services

Date / / ❑ Routine; Stralght to MO (via ESU) D Non Routine; DG to endorse

j~~ Mic~el Linnan `^•-,A~ting Deputy Director-General

Housing and Homelessness Services D ~; r~~ l r / ='

Routine: Stralght to MO (via ESU) C] Non Routine; DG to endorse


Signature:

COMMENTS

Liza Carroll birector-General Department of Housing and Public Works

bate; / /


Name: ~' J"'L:/j-/'~C ~/

Date: ~/ / / ~7

Page 2 of 2 18053R RTI Document - Page 133

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PO Box 2457 Brisbane Q'land 4001

November 8th 2016

Dear Minister,

With regard to a recent meeting between

yourself, Damien Sammon and executive members of the ARQRV, discussions took place concerning

the review of the Retirement Villages Act, namely the proposal that Queensland adopts a

compulsory "Buy Back" obligation on operators, currently being proposed at 18 months.

The whole system of reimbursement/refurbishment etc. needs an overhaul, as

operators have pretty much carte blanche to charge outgoing residents large amounts of money

because of cleverly worded PID's used to their advantage.

I would like to add my voice to the request that should the proposed 18 month "buy back" be

adopted, that it should also be retrospective, to allow earlier exit entitlements to all.

Yours sincerely

Mr


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Office of the

Minister for Housing and Public Works Quec;island coy-eminent

Ref: HS 02354-2016

31 JAN 2017

Dear

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 40b1 Australia Telephone +617 3719 7270 Facsimile +g17 3012 9017 E: hpwr~ministerial.gld.gov.au

Thank you for your letter of 8 November 2016 to the Honourable Micl< de Brenni MP, Minister for Housing and Public Works regarding retrospective application of amendments to the Retirement Villages Act 1999 (the Act) to require operators to pay residents their exit entitlements when resale is delayed. 'The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Worl<s is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.

Your request far any change to require payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered.

Amendments to the Act are proposed to be introduced into Parliament in 2017. The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing mar{cets and communities.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Itllinister for Housing and Public Works


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Signature: C.'~0.~f~ Trish Woolley General Manager, Strategy, Policy and Programs Housing and Homelessness Services

Date: 5/12/2016/ ❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse


Signature: QJ+L~~~^ Christine Castley Deputy Director•General Housing and Homelessness Services

Date: 14/12/2016 ® Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse


Subject: Letter from equesting retrospective application of proposed amendments to the Retirement Villages Act 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No; 3008 3401

BACKGROUND

• written to the Minister requesting that proposed amendments to the Retirement Villages Act 1999 (the Act) regarding payment of exit entitlements are made retrospective so as to apply to existing residents.




•

•

•


•

CONSULTATION


• Not applicable.


• Not applicable.


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Ref; HS 02356-2016


Signature:

COMMENTS


Date: / /

MINISTER'S OFFICE %/ ING_/ COMMENTS

Name: ~~~Gy .~~~`f'~1

Date: ~~l ~l l /'?


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s


RECEIVED

0 7 NOV 2016

BY•

Minister for Housing &Public Works P 0 Box 2457 Brisbane 4001

3'd November 2016

Dear Minister,

1 am writing to you in regards to the proposed changes to the Retirement Villages Act is to make it

compulsory for Scheme Operators to buy back an accommodation unit after 18 months if it still has

not been sold. This will be of benefit to anyone buying in after the new Act is passed but will be of

no benefit to existing residents.

When a resident enters a retirement village he or she pays an ingoing contribution which is in effect

an interest free loan to the operator in exchange for the right to live in the selected accommodation

unit.

Logic suggests that if the resident moves out the contract is ended and the resident's interest free

loan to the operator should be due for return.

The purpose of this letter is to formally request for you to make this part of the revised Act, when

enacted, retrospective.

Yours sincerely


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Office of the


Ref; HS 02356-2016

0 9 JAN 701

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: hpw@min(sterial,gld.gov.au

Dear

I refer to your letter of 3 November 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works requesting retrospective application of amendments to the Retirement Villages Act 1999 (the Act) to require operators to pay residents their exit entitlements when resale is delayed. The Minister has asked me to reply on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable, population. Within the residential sector, my department is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.

I note your support for a change to require payment of a resident's exit entitlement before resale. Your request that any such change apply to existing retirement villages contracts has also been noted and will be carefully considered.

I would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however I can assure you that my department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.

The department also funds the Park and Village Information Link (PANIC), operated through the Caxton Legal Service. PAVIL provides free legal information and advice on retirement villages to former, current and potential residents. PAVIL can be contacted on (07) 3214 6333. Further information is available on its website https://caxton.org.au/park_village_information.html. I have enclosed a PAVIL brochure for your information.

If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of . Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Minister for Housing and Pubiic Works


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Subject: Petition from residents of about the need for retrospective amendments that would require, in cases of delayed resale, operators to pay residents their exit entitlement 18 months after the resident vacates. Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• The petition letters follow on from previous petition letters from residents ofo the Honourable Mick de Brenni MP, Minister for Housing and Public Works between

8 August and 19 September 2016 about the need to amend the Retirement Villages Act 1999 (the Act) to require operators in cases of delayed resale to pay residents their exit entitlement after a time limit of one year,

• Since this time, the department has consulted with key retirement village residents, industry and legal stakeholders about options to amend the Act, including the option to require operators to pay residents their exit entitlement 18 months after the resident leaves the village, except in cases of operator hardship.

• Since this consultation, the Association of Residents of Queensland Retirement Villages (ARQRV) has provided feedback about the need for any exit entitlement amendments to apply retrospectively, so current residents also benefit from the amendments and has issued a call to action to its members to write to the Minister about this issue,

• The current petition letters from the residents of appear to support the ARQRV's call.

•

• Under the Act, residents generally only receive their exit entitlement once their unit is sold. The Act is silent about operator payment of the exit entitlement when resale is delayed, relying on the terms of the contract. It is noted that under the contracts, residents who do not sell their unit are only entitled to their exit entitlement five years after they have vacated.

•

• However, delays in payment of exit entitlements has been continually identified as a significant issue for seniors and their families. The department has received a number of items of correspondence from retirement village residents and consumer advocates in relation to this issue. Residents and consumer advocates are concerned that former residents are denied their exit entitlement until their unit is resold, as this money is often needed to fund alternative accommodation.

• Throughout the review of the Act, much consideration has been given to the issue of operator payment of resident exit entitlement when resale is delayed.

•

•

•

• As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992



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•

CONSULTATION


• Not applicable. External Consultation

• Not applicable.


Signature: _Endorsed


Signature: Endorsed Kirstine Hanrle Acting General Manager Housing and Homelessness Services

Date: 27/11/2016 (Trish Woolley)

Redraft Date: /01/2017 ❑ Routine: Straight to MO (via ESU) ❑ Non Routine; DG to endorse (DDG to endorse

Michael t.innan Deputy Dlrector-General Housing and Homelessness Services

Date: 6/12/2016 (Christine Castley)

Redraft date: 06/01/2017 ❑ Routine: Straight to MO (via ESU) ®Non Routine: DG to endorse

DIRECTOR-GENERAL ~ PPROVAL

Signature:

COMMENTS

Christine Casile Acting Dlrector-Genera Department of Housing and Public Works

Date: ~ / ~ /

MINISTER'S OFFICE NOTI COMMENTS

Name: ~ 5~~1)C ~-1

Date: ~s% / / /

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The Honour~~ble Mick de Brenni,

Minister for Housing &Public Works,

P.©. Box 2457,

Brisbane 4001. ~ZEC ~T~I"~~:~

1a/~.~./16. ~ 5 rvov 2o~s

BY: Deal' E~~l irlistE?r,

With reference to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, I wish to advise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change

only affects new leases however, we feel that this is unfair on people with

existing leases.

Here a there are presently Units awaiting resale

a~ ~d this is causing hardship for people wanting to recoup their ingoing contribution. At least one of the Units has been vacant for nearly 3 years.

!n view of this predicament would you please give consideration to

making the new law regarding the repayment of the ingoing contribution retrospective so as to include present people with a lease.

Thanking you,


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The Honourable Mick de Brenni,


P.©. Box X457,

Brisbane 4001.

10/11/16.

Dear Minister,

With reference to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, I wish to

aavise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change only affects new leases however, we feel that this is unfair on people with

existing leases.

Here at there are presently Units awaiting resale

and this is causing hardship for people wanting to recoup their ingoing cor:tribuiion. At least ane of the Units has been vacant for nearly 3 years.

En view of this predicament ~~vould you please give consideration to

rriaking the new law regarding the repayment of the ingoing contribution retrospective so as to include present people with a lease.

Thanking you,


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TI'~e Honourable Mick de Brenni,


P.4. Bax 2457,

Brisbane 4001.

10/1'` f 16.

D4~ar Minister,

~%~'=~'~'~ED 15 NQV 2016

~~~:_


advise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change only ai'iects ~~;ew leases however, we feel that this is unfair on people with existing leases.

Here at there are presentl Units awaiting resale

and this is causing hardship for people wanting to recoup their ingoing contribution. At feast one of the Units has been vacant for nearly 3 years.

fn view of this predicament would you please give consideration to maki~t the new law reg;:~rc'ing the repayment of the ingoing contribution retrospective so a~ to include present people with a lease.

~`nanking you,


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REC~'`X'~. -

1.5 NOV ZQ1~

B'r•

c he Honourable Mick de Brenni,

Minister for f~ousing &Public Works,

P.~. Box 2457,

Brisbane 4001.

~.0/11/~.6.

Dear Minister,

Wi•~h E•eference to your correspondence regarding the changes being p;•oposed to be implemented in the new Retirement Villages Act, f wish to

a~vise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change only aff;,cts new leases however, we feel that :his is unfair on people with

existing leases.

Nere at there are presently Units awaiting resale

and .his s c~~~~sing hardshio for people tivanting to recoup their ingoing contribution. At least onfl of the Units has been vacant for nearly 3 years.

in view of this predicament would you please give consideration to

making the new law regarding the repayment of the ingoing contribution

retrospective so as to include present people with a lease.

thanking you,


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P.Q. C~c~x ;~45~,

Brisbane 4001.

X0/11/16.

Dear Minister,


advise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change only affects new leases however, we feel that this is unfair on people with

existing leases.

Here at there are presently nits awaiting resale

and this is causing hardship for people wanting to recoup their ingoing co:~t~~ibutior. At least one of the Units has been vacant for nearly 3 years.

In view of this predicament would you please give consideration to making the new law regarding the repayment of the ingoing contribution retrospective so as to include present people with a lease.

Thanking you,


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Minister for Housing & !'ublic Works,

P.~. Box 2457,

Brisbane 4001.

1.0/11/1.6.

Dear Minister,

t ~. ,r., ,

1 ~ 'NQV ~Q1~

Wiih reference to your correspondence regarding the changes being pYoposed to be implemented in the new Retirement Villages Act, I wish to


existing leases.

Here at there are presently nits awaiting resale and This is causing hardship for people wanting to recoup their ingoing contribution. At least one of the Units has been vacant for nearly 3 years.

in view of this predicament would you please give consideration to

making the new law regarding the repayment of the ingoing contribution retrospective so as to include present people with a lease.

thanking you,


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E he Honourable Mick de 8renni,

Minister for housing &Public Works,

P.Q. Box 2457,

Brisbane 4001.

x.0/11/16.

Dear Minister,

BY:

1 S IvDV 2U'~6

..~

Wizh reference to your correspondence regarding the changes being

p. oposed to be implemented in the new Retirement Villages Act, I wish to


existing leases.

I-iere a there are presently Units awaiting resale

ae id this is causing i~ardship for people wanting to recoup their ingoing contribution. At least one of the Units has been vacant for nearly 3 years.

In view of this predicament would you please give consideration to

making the new law regarding the repayment of the ingoing contribution retrespective so as to include present people with a lease.

~~an<in ,


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P.Q. Box 2457,

Brisbane 4001. REC~F'~~Tr~.~.,,~:.

~J/13I16. 1.5 NOV 2U1fi

Dear Minister, BY' -.. - -

Wish reference to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, I wish to advise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change

only affects new leases however, we feel that this is unfair on people with existing leases.


and this is causing hardship for people wanting to recoup their ingoing cortr'sbution. At least one of the Units has been vacant for nearly 3 years.

In view of this predicament would you please give consideration to making the new law regarding the repayment of the ingoing contribution retres~;.3ec,tiv~~ so as to in :lode present people with a lease.

`i-~anking you,


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The Honourable Nlic!C de 8renni,

Minister for Housing &public Works,

p.~. Box 2457,

Brisbane 4001.

1d/1./16.

Dear Minister,

,~C]EIVE~

~ ~ NOv za~~

With reference to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, I wish to aavise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change cnly affes:ts new leases however, we feel that this is unfair on people with

existing leases.

Here at there are present9y Units awaiting resale

and this is causing hardship for people wanting to recoup their ingoing contribution. At least one of the Units has been vacant for nearly 3 years.

in view of this predicament would you please give consideration to maki;~g the new law regarding the repayment of the ingoing contribution retrospective so as to ins;lode present people with a lease.

Tanking you,


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Sinc

8 November 2016 The Hon. Mick de Brenni MP Minister for Housing &Public Works P.O. Box 2457 Brisbane 4001

Dear Sir

I am writing in support of the Association of Residents of Queensland Retirement Villages Inc.(ARQRV) Vice President's submission in his letter of 19 October 2016.

I, indeed all retirement village residents would likely request that the revised Retirement Villages Act include the Buy Back Clause to be made retrospective to enable alt current residents to benefit.

Thank you for your consideration.

N

R ~~x~~~~~

~Y:


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re ~ionourable Mick de 8renni,

i~r^~inis}er for i-!ousing & Public Works,

?.~. ~cx 2457,

Brisbane X001.

10/1'/i6.

year 14~linister,

W~h reference to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, 1 wish to aavise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change o;~ly affects new leases however, we feel that this is unfa'sr on people with existi;~f; leases.

:'ere at there are presently nits awaiting resale a~.d th?s is causing hardship for people wanting to recoup their ingoing co~t:-:bution. At least one o;the i.~nits has been vacant for nearly 3 years.

in view of Th is predicament would you please give consideration to ;;zaki;~g the new law regarding the repayment of the 'sngoing contribution re}respecive so as to include present people with a lease.

T'~,'~..i Iii r:g ~`,Io E.d, 7


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The Honourable Mick de 8renni,

EVlinis~::~3r ~'or E;ousing ~ I~ublic Works,

~.~. Box 2457,

Brisbane 4001.

10/11/16.

Dear Minister,

U41i~~h s~eference to yaur correspondence regarding the changes being pxoposed to be implemented in the new Retirement Villages Act, I wish to


existing leases.


and this is causing hardship for people wanting to recoup their ingoing contribution. At least one of the Units has been vacant for nearly 3 years.

in view of this predicament would you please give consideration to making the new law regarding the repayment o#the ingoing contribution retrospective so as to include present people with a lease.

Thanking you,


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i he donourable Mick de Brenni,

Minister for dousing &Public Works,

P. Ci. Box 2457,

Brisbane 4001.

1.(3/1i/'~6.

Dear Minister,

Wizh referer`ce to your correspondence regarding the changes being proposed to be implemented in the new Retirement Villages Act, I wish to

advise that changing the period of waiting for the repayment of your ingoing contribution from five years to eighteen months is a good one. As this change only affects new leases however, we feel that this is unfa'sr on people with existing leases.

dp re at , there are presently Units awaiting resale

ar~d this is causing hardship for people wanting to recoup their ingoing

co;^t~-ibution. At least one oT the Units has been vacant for nearly 3 years.

in view of this predicament would you please give consideration to making the rew law regarding the repayment of the ingoing contribution retrospective so as to include present people with a lease.

l'tan°<<ng Yom',


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Office of the

Minister for Housing and Public Works Queensland fove~nmant

Ref: HS 02363-2016

3 0 JAN 2017

1 Wllllam Street Brisbane Queensland GPO Box 2A57 Brisbane Queensland 4001 Australia Telephone +617 3718 7270 Facsimile +617 3012 9017 E: [email protected],au

Dear

Thank you for your letter of 10 November 2016 regarding the need for retrospective application of amendments to the Retirement Villages Act 1999 that would require operators to pay residents their exit entitlements 18 months after the resident vacates,

One of the important challenges the community faces is protecting and loo{<ing after our ageing, and potentially vulnerable population, Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages, Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.

Your request for any change that requires payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered.

Amendments to the Act are proposed to be introduced into Parliament in 2017. The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities,

I hope this information answers your enquiry, If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected],gov,au.

Yours sincerely



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Office of the Minister for Housing and Public Works Queensland

Government

Ref; HS 02363-2016

3 0 JAN 2017

1 William Slreel Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Auslralla Telephone +617 3719 7270 Facslrolle +617 3012 9017 E: hpwQminlsterial,gld.gov.au

Dear

Thank you for your letter of 10 November 2016 regarding the need for retrospective application of amendments to the Retirement Villages Act 1999 that would require operators to pay residents their exit entitlements 18 months after the resident vacates.

One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.


Amendments to the Act are proposed to be introduced into Parliament in 2017. The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities.

I hope this information answers your enquiry. If you need any mare information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Wor{cs can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely



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Office of the Queensland Minister for Housing and Public Works Guveinment

Ref; HS 02363-2016

3 0 JAN 2017

1 Wllllam Street Brisbane Queensland GPO Box 2AG7 Brisbane Queensland A001 Aus(ralia Telephone +617 3719 7270 Facslmlle +617 3012 0017 E: hpw(a~ministerial.gid.gov.au

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages, Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.



I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email jonathan.leitch@hpw,gld.gov.au.

Yours sincerely



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Office of the


Ref: HS 02363-2016

3 0 JAN 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 B; hpw@ministerial,gld.gov.au

Dear

Thank you for your letter of 10 November 2016 regarding the need for retrospective application of amendments tc the Retirement Villages Act 1999 that would require operators to pay residents their exit entitlements 18 months after the resident vacates,

One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years,

Your request for any change that requires payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered,


I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email jonathan,[email protected].

Yours sincerely



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Office of the

Minister for Housing and Public Works Queensland Gavenunenl

Ref: HS 02363-2016

3 0 JAN 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Auslralla 7elepltone +617 3719 7270 Facsimile +617 3012 9017 E: hpw@m(nlslerial.gld,gov.au

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population, Within the residential sector, the Department of Housing and Public Wor{<s is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages, Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.



I hope this information answers your enquiry, If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Wor{<s can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely



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Office of the


Ref: HS 02363-2016

30JAN2017

1 Wililam Streat Brlsbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Faesimlle +617 3012 9017 E: hpw@min(steriai.gld.cdov.au

Dear


One of the imporkant challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population, Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages, Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years,


Amendments to the Act are proposed to be introduced into Parliament in 2017, The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities,

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected],gov,au,

Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Minister for Nousing and Public Works


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Office of the

Minister for Housing and Public Worl~s Queei;sland Goveinmenl

Ref: HS 02363-2016

3 0 JAN 2017

1 WIII(am Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: [email protected]

Dear




Amendments to the Act are proposed to be introduced into Parliament in 2017, The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at'the centre of housing markets and communities.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email jonathan,[email protected],au.

Yours sincerely



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Office of the

Minister for Housing and Public Works Queensland Goventrnent

Ref: HS 023632016

3 0 JAN 2017

1 Wllllam Street Brisbane Queensland GPO Box 2A67 Brisbane Queensland A001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: [email protected]

Dear

Than{< you for your letter of 10 November 2016 regarding the need for retrospective application of amendments to the Retirement Villages Act 1999 that would require operators to pay residents their exit entitlements 18 months after the resident vacates.

One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the pepartment of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.



I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Namelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected],au.

Yours sincerely



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Office of the

Minister for Housing and Public Works t~ueensland GoVefnment

Ref; HS 02363-2016

3 0 JAN 2097

1 William Street Brisbane Queensland GPO BoX 2457 Brisbane Queensland 4001 Auslralfa Telephone +617 3719 7270 Facsimile +817 3012 9017 H: hpw®mfnlsledal.gld.gov.au

Dear





I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email jonathan,[email protected],au.

Yours sincerely



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.~,~~, Office of the Queensland Minister for Housing and Public Worlcs Government

Ref; HS 02363-2016

30 JAN2017

1 Wllllam Street Brlsbane Queensland GPO Box 2A57 Brlsbane Queensland A0o1 Australia Telephone +617 3719 727D Facslmlle +017 3012 9017 8; hpwQminislerial.gld.gov.au

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years,

Your regt.lest for any change that requires payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered.



Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Minister for Housing and Pubiic Works


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Office of the

Minister for Housing and Public Works Queensland Gnvernmenl

Ref: HS 02363-2016

3 0 JAN 2017

1 Wllllam Street Brisbane Queensland GPO BoX 2457 Brisbane Queensland 4001 Australia Telephone k617 3719 7270 Facsimile +617 3012 0017 E: [email protected],gov.au

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population, Within the residential sector, the Department of Housing and Public Wor{cs is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years.


Amendments to the Act are proposed to be introduced into Parliament in 2017, The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities,


Yours sincerely



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Office of the

Minister for Housing and Public Works Queensland r3overrrmenl

Ref: HS 02363-2016

3 0 JAN 201

1 William Slreel Brlsbane Queensland GPO Box 2467 Brlsbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E; [email protected]

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population, Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, over the next 10 years,


Amendments to the Act are proposed to be introduced into Parliament in 2017, The amendments will seek to ensure regulatory arrangements reflect contemporary needs, are fair and accountable, and provide adequate consumer protections that support the goal of putting people at the centre of housing markets and communities.


Yours sincerely

Darcy Slattery Senior policy Advisor Office of the Minister for Housing and Public Works


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Office of the

Minister for Housing and Public Worlcs Queensland Government

Ref: HS 02363-2016

3 0 JAN 2017

1 Wllllam Street Brisbane Queensland OPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +817 3012 fl017 E: [email protected],gov.au

Dear


One of the important challenges the community faces is protecting and looking after our ageing, and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, aver the next 10 years.



I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected],gov,au.

Yours sincerely



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MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: Letter from about the need for retrospective amendments that would require retirement village operators to pay residents their exit entitlement 18 months after the resident vacates. Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• The Association of Residents of Queensland Retirement Villages (ARQRV) is a key retirement village stakeholder representing retirement village residents.

® are responding to recent'call to action' that the ARQRV issued to its members. The 'call to action' is about the need for retrospective amendment of the Retirement Villages Act 9999 to, in cases of delayed resale, require operators to pay residents their exit entitlement 18 months after the resident leaves. It includes a copy of letter from

Vice President of ARQRV, to Minister de Brenni MP, about this issue (see HS 02210-2016).

•

• Under the current Act residents generally only receive their exit entitlement once their unit is sold.

• The Act is also silent about operator repayment of the exit entitlement when resale is delayed, relying on the contract terms. It is noted that under esidence contract, if their unit does not sell, they are only entitled to their exit entitlement five years after vacating.

• Amending the Act to require operators to pay a resident's exit entitlement when resale is delayed is a contentious issue, Industry stakeholders do not support the proposal, arguing it will threaten viability, particularly for small, regional villages.

• However, delays in payment of exit entitlements has been continually identified as a significant issue for seniors and their families. The department has received a number of items of correspondence from retirement village residents and consumer advocates in relation to this issue. Residents and consumer advocates believe it is unfair that former residents are denied their exit entitlement until their unit is resold, given this money is often needed, as in the case of fund alternative accommodation.

•

•

•

• As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Sfandards Act 9992.

•


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CONSULTATION



® Not applicable


/]

Signature: t'vl (~ir~


Signature: Trish Woolley General Manager Housing and Homelessness Services

Date: ,,~`~1 ~ ~ I ~ 6 ❑ Rcutine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse

C ZI•~''ne Castley Deputy Dlrector•General Ho sing aril Homelessness Senrlcas

Dat ' +~! 1 ~ f ~b outine: St fight to MO (via ESU)

d Non Routlne; DG to endorse


Signature:

COMMENTS


Oate:

MINISTER'S F C~E NOTING COMMENTS

~j Name; 4'J,i2r-~C"7 ~.fC✓,1'TI~'~~ y

Date: 02! l/,~ I/~,


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Office of the

IVlinister fox Housing and Public Works queensland Government

Ref: HS 02364-2016 1 William SUeet Bdsbano Queensiand GPO Box 2457 Brisbane Queensland 4001 Australia Telophone +817 3719 7279 Facelmllo +617 3012 9017 E: hp~minlskrial.gtd.gov.au

Dear

Thank you far your letter to the Honourable Mick de Brenni MP, Minister for Housing and Public Works, received on 7 November 2016, regarding the need for retrospective application of amendments to the Retirement Villages Act 1999 that would, in cases of delayed resale, require operators to pay residents their exit entitlements 18 months after the resident vacates. The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable, population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection far people entering, living in, and leaving retirement villages, Issues relating to the Retirement Villages Act 1999 are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing, in Queensland over the next 10 years.

The exit fee is a key feature of the retirement village model and represents the amount paid by the resident to the retirement village operator for developing and running the village. The issues you have raised about the delays that can occur with the repayment of resident exit entitlements when a resident leaves a retirement village, the need for retrospective amendments about operator payment of these entitlements, and difficulties with the resale process have also been raised by key stakeholders and seniors' groups, and they are being considered.

Amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

The Minister would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.


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If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Alternately, should you wish to seek legal advice , the department funds the Park and Village Information Link (PANIC), operated through the Caxton Legal Service, which provides free legal information and advice on retirement village issues to former, current and potential residents, PAVIL can be contacted on (07) 3214 6333. I have enclosed a PAVIL brochure for your information.

I hope this information answers your enquiry.

Yours sincerely

Darcy Slattery Senior Policy Advisor Office of the Minister far Housing and Public Works

Encl.


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Office of the Minister for Housing and Public Works

Jan 24th, 2017 Attention Darcy Slattery Senior Policy Advisor

Re -Your Jan 3 fetter re Retirement Villages &Exit Entitlements Ref HS023~~~-2016

Thank you for your letter, however I draw your. attention to your paragraph 3 pale 1, where you state "the exit fee is a key feature of the retirement village model and represents the amount paid by the resident to the retirement village operator for deve/oiling and running the village':

fees had increased by 20.5% over 2 consecutive financial years, which was part of our reason to leave. Therefore, whilst exit fees may provide some income for development, given their unpredictability ( depends on residents deciding to vacate and sell their leasehold ), I doubt that this is their primary source of development funds. We have no issue with exit fees, as our PID declared it and we were left to surmise that it covers

- "virtual"rent for the leasehold of the villa - profit for the operator - a small refurbishment amount for restoring the villa

The percentage makeup is anyone's guess.

What we have an issue with is the absolute negligence by the village operator / management over the sale of our leasehold in that they refuse to fulfil their obligations and how long legislation gives them to make the resale up to 5 years from date of availability for sale!!!

- Management refuses, despite many requests and some in writing, to include information on the prices of other villas also available for leasehold sale.


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All of this unbelievable neglect and incompetence and lack of accountability is why we are advocating the legislation change which, we understand, would require operators to repay the outgoing resident no later than 18 months from the date on which the property is declared for sale by the resident. And for poor victims for that to be rer®spe iv ,

Please share this with your Minister and make the appropriate changes expediently.

Regards


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Department of Housing and Public Worl<s Ref: HS 02374-2016 MINISTERIAL. CORRESPONDPNCE BRIEFING NOTE

Subject; Letter from eeking retrospective amendments to the Retirement Villages Act 9999 that would require retirement village operators to pay residents their exit entitlement no later than 18 months after the resident leaves Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• On 30 August 2016, wrote to the Minister seeking a timeline for the review of the Retirement Villages Act 9999 and requesting that retirement village operators be prohibited from passing their legal expenses on to residents (refer to Attachment 1).

•

• he Association of Residents of Queensland Retirement Villages (ARQRV), a {cey retirement village stakeholder representing residents,

• letter appears to be responding to a 'call to action' that the ARQRV recently issued to its members,

• The 'call to action' seeks retrospective amendment of the Retirement Villages Act 9999 to, in cases of delayed resale, require operators to pay residents their exit entitlement 18 months after the resident leaves. It includes a copy of letter from Vice President, ARQRV to the Minister about this issue (refer to Attachment 2).

• This subject matter has been raised in other recent correspondence, including HS 02356-2016, HS 02354-2016, HS 02283-2016, HS 02275-2016, and HS 02262-2016,

CONSULTATION



• Not applicable. ATTACHMENTS

• Attachment 1 —Previous correspondence from

• Attachment 2 —Letter from Vice President, ARQRV to the Minister regarding this issue HS 02210-2016


Signature: endorsed


Signature: Trish Woolley General Manager Housing and Homelessness Services

Date; 27/11!20161 ❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse

~ichae 'finnan A ~ aputy Director~General Housing andomelessness Services

Dale: 11 / ~` fQ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse


5ignalure:

COMMENTS

Liza Carroll Director-General Department of Housing and Public Wor{<s

Date: / !


J / Name: ~.~2~--"~ ~~✓~i1 Lam%

Date; ~ ,Z // /~


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A

The Association of Residents of Queensland Retirement Villages Inc. PO Box 1361 BUDDINA QLD 4575

Telephone (07) 5413 9211

vwvw.villagers.org.au President: Secretary, Email; president@argrv,org.au Email; secretarvC~argrv.orq,au

The Honourable Micl< de Brenni M P Minister for Housing and Public Works P, ~. Box 2457. Brisbane 4001

Dear Minister,

19th October 2016

On 21 S' September Judy and I attended a meeting with Damion Sammon at your department having been invited to consult along wikh other interested organisations on the review of the Retirement Villages Act,

The following Monday 27'h I attended a meeting along with about twenty-five other retirement village residents also conducted by Damion Sammon. On this occasion I attended as a resident of a village. later wrote a report on the meeting for our ARQRV committee and enclose a copy for your interest,

When discussing the sixth item up for discussion those attending were not at all happy ko learn that any provision in the reviewed act to provide for the more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside would not apply to existing leaseholders. Damian explained that far this to happen the Minister would have to make the change retrospective and that his understanding of the situation was that this was not being contemplated, With unit sales and the return of resident's money currently taking, in some cases, years ,which has been (or is being) make worse by operators often neglecting to promote the resale of previously occupied units preferring instead to promote the sale of their unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys" but not received their exit entitlement) acts as an illustration of the apparent contempt in which some scheme operators appear to hold their customers.

'Once alerted to the possible non-retrospective application of this provision within the rewritten Act we would anticipate the strong resentment of existing retirement village residents.

The purpose of this letter is to formally request you to make this part of the revised Act, when enacted, retrospective.

Vice President [email protected]

Cc Mr Damion Sammon, Director, Regulated Services Policy and Legislation,


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Reports on meetings with the Department of Housing and Public Vtlorks regarding the review of the Retirement Villages A►ct.

The President and I attended a meeting the day after our AGM where representatives if organisations which represent residents attended.

On 27"~ September I attended a meeting of about 25 individual residents drawn from villages. ARQRV was asked to nominate attendees, Those attending were selected because of their Known preparedness to speak up and convey their thoughts,

At the meeting we were presented with six issues on which we were individually asked to cast an opinion regarding the benefit to future and present residents that each could create.

October 14th 2016


Release

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3rd Nov, 2016.

The Honourable Mick de Brenni M P Minister for Housing and Public Works P.O. Box 2457 Brisbane, 4001.

Dear Minister RE: Proposal in reviewed Qld RV Act with regards to compulsory 18 month "buy back" obligation on Scheme Operators.

I am aware thatVice President of the ARQRV has written to you on October 19 this year

about making this part of the Revised Act, when enacted, retrospective.

In this letter I am writing in support of the arguments put forward by n the hope of persuading you to make this revision retrospective. In

particular, it is the contempt and disregard with which Scheme Operators hold residents where sales can take years that is compelling reason for me write to you to request that that you make sure this proposal applies retrospectively.

1n addition, if this proposal is not made restrospective, the neglect of Scheme Operators to promote the resale of alder units preferring to promote the sale of their unsold units will paradoxically, in my view, find a new legitimation. The resentment of existing retirement village residents if the proposed change is not made retrospective will be understandable. Both of these outcomes are preventable in the revision of the Act.

The industry can do without the dissatisfaction and resentment to which I and and others draw your attention here. Retrospectivity would

dissipate some of this dissatisfaction and prevent Scheme Operators from continuing to act with contempt towards residents. Limiting contempt and dissatisfaction in the Retirement Village industry can only ultimately contribute to win/win situations far all stakeholders. It is about an industry characterised by all round best practice and one which meets expectations of fair trading including if necessary the retrospective application of these expectations.

Thank you for your time and commitment to the Revision of the RV Act and the high priority you have to making necessary changes. I encourage you to make the 18 month "buy back" obligation on Scheme Operators retrospective.

Yours sincerely


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Office of fine


Ref: HS 02374-2016

1 ~ JAN '1011

1 William Street Brlsbane Queensland GPO Box 2457 Brlsbane Queensland A0o1 Auslralla Telephone +817 3719 7270 Facsimile +817 3012 9017 E; hpwCo3minlsterial.gld.gov.au

Dear

Than{< you for your letter of 3 November 2016 to the Honourable Micl< de 13renni MP, Minister for Housing and Public Works requesting retrospective application of amendments to the Retirement Villages Act 1999 (the Act) to require operators to pay residents their exit entitlement 18 months after the resident leaves when the resale of their unit is delayed.

The Minister appreciates you sharing your views about the sale of retirement village units and the need for current residents to benefit from any 'buy back' amendments to the Act. As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

The views of residents are important to inform options for improving the Act.

I hope this information answers your enquiry, If you need more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely



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MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: Letter from about the need for retrospective amendments that would, in cases of delayed resale, require operators to pay residents their exit entitlement early. Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• The Association of Residents of Queensland Retirement Villages (ARQRV) is a key retirement village stakeholder representing retirement village residents.

• responding to a recent "call to action" by the ARQRV issued to its members.

• The "call to action" seeks retrospective amendment of the Retirement Villages Act 1999 (the Act) to, in cases of delayed resale, require operators to pay residents their exit entitlement 18 months after the resident leaves. It includes a copy of a letter from the Vice

the ARQRV, to the Honourable Mick de Brenni MP, Minister for Housing and Public Works about this issue (refer to Attachment 1 -currently awaiting the Minister's signature).

• This subject matter has been addressed in other recent correspondence, including HS 02356-2016, HS 02354-2016, HS 02303-2016, HS 02283-2016, HS 02275-2016, and HS 02262-2016.

CONSULTATION


• Not applicable.


• Not applicable.


Signature; Endorsed


Signature; Endorsed Trish Woolley General Manager Strategy Policy and Programs Housing and Homelessness Services

Date; 2/12/2016 ❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse

Michael Linnan Acting Deputy Director-General Housing and Homelessness Services

Date: 20/12/2016 ®Routine: Straight to MO (via ESU) ❑ Non Routine; DG to endorse


Signature:

COMMENTS


Date: / /

MINISTER'S OFFICE NO COMMENTS

Name: Il'"'~ ~~

Date: ~ i~1 I ~]


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Sinc

8 November 2016 The Hon. Mick de Brenni MP Minister for Housing &Public Works P.O. Box 245? Brisbane 4001

Dear Sir

I am writing in support of the Association of Residents of Queensland Retirement Villages Inc.(ARQRV) Vice President's submission in his letter of 19 October 2016.

I, indeed all retirement village residents would likely request that the revised Retirement Villages Act include the Buy Back Clause to be made retrospective to enable all current residents to benefit.

Thank you for your consideration.

R

~ 1 NOV '~,~1~

?;3Y:


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Office of the

Minister for Housing and Public Works QueensL ad Government

Ref: HS 02421-2016

0 6 JAN 2017 1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E; hpw~min(sterial.gld.gov.au

Dear

Thank you for your letter of 8 November 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works regarding delays in paying exit entitlements after a resident has left a retirement village. The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in and leaving retirement villages. Issues relating to the Retirement Villages Act 1999 (the Act) are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing in Queensland over the next 10 years.

The exit fee is a key feature of the retirement village model and represents the amount paid by the resident to the retirement village operator for running the village. Your request for any change to require payment of a resident's exit entitlement before resale apply to existing retirement villages contracts has been noted and will be carefully considered.

The Minister would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, I can assure you that the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.

Should you wish to seek legal advice on these issues, the department funds the Park and Village Information Link (PANIC). This is operated through the Caxton Legal Service, which provides free legal information and advice on retirement village issues to former, current and potential residents. PAVIL can be contacted on (07) 3214 6333. I have enclosed a PAVIL brochure for your reference.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely


Encl


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s.78B(2)

Department of Housing and Public Works Ref; HS 02443-2016

MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject; equesting retrospective application of proposed amendments to the Retirement Villages Act 1999 relating to the payment of exit entitlements and a shorter waiting period Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

• Association of Residents of Queensland Retirement Villages (ARQRV), is requesting that proposed amendments to the Retirement Villages Act 1999 regarding payment of exit entitlements are made retrospective so as to apply to existing residents. seeking to have the exit entitlements paid within six months of a resident leaving a retirement village.


® Generally residents only receive their exit entitlement once their unit is sold.

® The Retirement Villages Act 1999 is silent about operator repayment of the exit entitlement when resale is delayed, leaving the matter to the conditions of the contract.

•

•


•

CONSULTATION



® Not applicable.


Signature: ~


Signature: Tr sh Woolley General Manager, Strategy, Policy and Programs Hous ng and Homelessness Services

Date: ~ / ~~/ ~ b ❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse (DDG to endorse)

Ch d' me astley Deputy Director-General Housl an~~omelessness Services

Date ~~/ ~~j/ outine: Stralight to MO (via ESU)

`-❑ Non Routine: DG to endorse


Signature:

COMMENTS

Liza Cartoll Director-General Department of Housing and Public Works


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Department of Housing and Public Worl<s

Ref: HS 02443-2016

Date: / !

MINISTER'S OFFICE NO COMMENTS

Name: /'~,nK~':~P ,~G~}r'TC"~'~J~

Date; ~~/ !/2 // G


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s.78B(2)

From: Sent: Tuesday, 22 November 2016 7;21 AM To: Housing and Public Works Cc: [email protected] Subject: Attention Minister De Brenni -Review of RV Act Attachments: 2016.11.19 To De Brenni, Sammon re 18-month buy-back for ALL residents.doc

Good morning, Minister De Brenni,

Attached is a letter on the subject of Compulsory Buy-backs currently under consideration as part of the long-running Review of the Retirement Villages Act 1999 (Qld.).

I understand that the decision which I (along with many other retirement village residents) am requesting is up to you, as the Minister, and trust that you will give your serious attention, and accede to this request.

For the continued viability of the retirement village industry, better consumer protection is needed than is currently provided. This is just one example, of a myriad, where residents suffer.

Yours sincerely,

1


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21 S` November 2016

The Honourable Mick de Brenni MP, Minister for Housing and Public Works, P. O. Box 2457, BRISBANE Qld. 4001

REVIEW OF THE RETIREMENT VILLGES ACT 1999 (QLD) COMPULSORY BUY-BACK

Dear Minister,

I was pleased to learn, recently, that a compulsory buy-back clause is seriously being favourably considered, as part of the Review of the above Act.

I am disappointed, however, to read that the time limit is 18 months, rather than six months, as in New South Wales and Victoria, and as strongly urged by the ARQRV in its submission to the Review dated April 2014. It must be remembered that, for the duration of a residency, the operator has benefited from an interest-free loan from its resident. Surely, any fair trading practices, as boasted in RV Act s3 (1)(a) and best practice standards RV Act s3 (2)(a) would require that such loan be repaid immediately after the resident has ceased to reside in the accommodation unit? Granted, work needs to be done on the unit before the right to reside can be sold to a new resident, but for customers to have to wait even six months for the loan repayment is already a cause of hardship for many! Clearly, it is far easier for an operator to ftnd "bridging finance" than it is for a single elderly pensioner needing aged care.

Further, I am dismayed to read that whatever compulsory buy-back requirement is included in the amended Act, current consideration is that this will not apply to existing residents. I understand that it is up to you, as the Minister, to agree to make that change retrospective. Please recognize, Minister, that, if an operator is required to apply a time limit for return of loan to only some farmer residents (those on newer contracts), the operator will be far more keen to sell those units than all others (those of residents on older contracts). That compounds the problem for former residents on contracts pre-dating the amendment. This can in no way be seen to be fair practice. Please remember, in RV Act s3, the first Object is to promote consumer protection and fair trading practices ...

I urge you, Minister De Brenni, to make the amendment retrospective, so that it will apply to all retirement village residence contracts.

cc. Mr. Damian Sammon, Director, Regulated Services Policy and Legislation


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From: Sent: Sunday, 18 December 2016 7:20 AM To: [email protected] Cc: Housing and Public Works; [email protected]

Subject: 2016.12.16 JW to N&PW re ss36,37 in Review Attachments: 2016.12.16 JW to H&PW re ss36,37 in Review.docx

Good morning Mr. Sammon,

The attached letter is self-explanatory. It raises a serious issue that needs to be put right as part of the current Review of the Retirement Villages Act. I trust that you will give this your urgent attention.

Regards,


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~' Office of the Queens:~rtd Minister for Housing and Public Works Government

Ref: HS 02443-2016

0 3 JAN 207

1 William Streel erlsbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +61 7 3012 9017 E: hpw@m(nlsleriaLgld.gov.au

Dear

Thank you for your letter of 21 November 2016 to the Honourable Micic de Brenni MP, Minister for Housing and Public Works requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 and mandatory payment of exit entitlements six months after a resident leaves a village. The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Retirement Villages Act 1999 are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.

I have noted your support for a change to require payment of a resident's exit entitlement before resale. Your request that any such change apply to existing retirement villages contracts has also been noted and will be carefully considered.

The Minister would lilts to assure you that amendments to the Retirement Villages Act 1999 are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, the department is working hard to ensure amendments to the Act are introduced into Parliament as soon as practically possible.

I hope this answers your queries. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Wor{cs can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely



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s.78B(2)


IUIINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: equesting retrospective application of proposed amendments to the Retirement V111ages Aot 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 300£3 3401

• and the residents of the request that proposed amendments to the Retirement Villages Act 1999 regarding payment of exit entitlements are made retrospective so as to apply to existing residents.



The Retirement Villages Act 1999 is silent about operator repayment of the exile entitlement when resale is delayed, leaving the matter to contract.

•


•

CONSULTATION



• Nat applicable.


Signature


Signature: rlsh Woolley

General Manager, Stra gy, Policy and Programs Hrousing an Homelessness Services

Date: 'J /~ a/ I ~ ❑ Routine: Straight to MO (via ESU) ❑ Non i2outine: DG to endorse (DDG to endorse)

Ci stine Casltey Deputy Director-General Housin

~g/ ~~➢1 Homelessness Services

D t~ /, lA .(~ Routine; ~t~aight to MO (via ESU)

Q Non Routine; DG to endorse

DIRECTOR•GENERAL APPROVAL

Signature;

COMMENTS


Dake: ! !


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MINISTER'S F NO. J G

Name: oV~,_ c~ S ~~`Z~'/~'-~~

Date: ~~ / ~ ?/ / (~

commENTs


Ref: HS 02444-2016


Release

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s.78B(2)

22/11/16

The Honourable Mike de Brenni MP


P.O. Box 2457

Brisbane 4001

Dear Minister

upport the ARQRV'S

appeal regarding the changes to the retirement Village Act to make it

compulsory for Scheme Operators to buy back an accommodation unit after

18months if it still has not been sold.This will be of benefit to anyone buying

after the new Act is passed but will be of no benefit to existing residents.

ask that the Buy Back clause be made retrospective to enable all

current residents to benefit from the change in the legislation.

This lack of buy back of unit has caused considerable stress and

financial difficulties for people needing to move into a nursing home or where

the family themselves want their mother or father to move closer to where

they live.

Yours sincerely


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Office of tlZe

Minister for Housing and Public Worl~s Qucencland Government

Ref; HS 02444-2016

,0..~ JAN 2017

1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3718 7270 Facsimile +617 3012 9017 E: hpw®minlsterial.gld,gov,au

Dear

Thank you for your letter of 22 November 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 on behalf of the residents of the The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after.our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Retirement Villages Act 1999 are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.


The Minister would like to assure you that amendments to the Retirement Villages Act 1999 are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however, the department is working hard to ensure amendments to the Act are introduced into Parliament as soon as practically possible.

The department also funds the Park and Village Information Linl< (PANIC), operated through the Caxton Legal Service. PAVIL provides free legal information and advice on retirement villages to former, current and potential residents. PAVIL can be contacted on (07) 3214 6333. Furkher information is available on its website https:/lCaxton.org.au/park_village_information.html. Ihave also attached a PAVIL brochure for your information.

I hope this information answers your enquiry.

if you need any more information ar help with this matter, Mr Jonathan Leitch; Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or email [email protected].

Yours sincerely


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s.78B(2)


MINISTERIAL CORRESPONDENCE BRIEFING NOTE Subject: Letters from residents at requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 relating to the payment of exit entitlements Contact Officer: Lisa Pollard Ph No: 3008 3401

BACKGROUND

® Letters from residents have raised concerns about financial hardship caused when the repayment of a former resident's exit entitlement is delayed, particularly for retirement village residents with ill health needing to move into fulltime residential care. Residents are requesting that proposed amendments to the Retirement Villages Act 1999 (the Act) regarding payment of exit entitlements, be retrospectively applied to existing residents.

s The issues raised by residents are being considered as part of the review of the Act.

® Generally residents only receive their exit entitlement once their unit is sold.

® The Act is silent about operator repayment of the exit entitlement when resale is delayed, leaving the matter to the conditions of the contract.

•

o As a general rule, amendments with a retrospective impact require careful consideration, as these can be inconsistent with the fundamental legislative principles set out in the Legislative Standards Act 1992.

•

• Residents initially wrote to the Minister on 19 November 2016 and since that date the department has continued to received additional letters from residents at

•

CONSULTATION

Internal Consultation s Not applicable.


o Not applicable.


Signature:


Signature: Trish Woolley General Manager Strategy, Policy and Programs Housing and Homelessness Services

Date:

❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse


Date: /12/2016 ❑ Routine: Straight to MO (via ESU) ❑ Non Routine: DG to endorse


Signature:

COMMENTS


Date: / /


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MINISTER'S OFFICE NOTING

COMMENTS

Name:

Date: / /


Ref: HS 02447-2016

Queensland Government 18053R RTI Document - Page 195

Release

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Yours sincerely

19 November 2016.

The Honourable Mick de Brenni M.P. Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

Dear Minister

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders.

The fallowing paragraph from letter of 19 October 2016 is most appropriate.

"With unit sales and the return of resident's money currently taking, in some cases, years, which has been (or is being made worse by operators often neglecting to promote the resale of previously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys " but not received their exit entitlement) acts as an illustration of the apparent contempt in which some scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better consumer protection to pre-existing residence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "

I ask that this option received your most diligent consideration.


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l 9 November 2016,

The Honourable Mick de Brem~i M.P. Minister for Housing and Public Works PO Box 2457 BRISBANB 4001

Dear Miiuster

I am a resident of and at a recent Residents' meeting, was made aware t11at the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of mut sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contzact to reside, would not apply to existing lease holders.

The Following paragraph fro letter of 19 October 2016 is most appropriate.

"With unit sales and the return of resident's money currently taking, in son?e cases, years, which has been (or• is being made ~~~vr•se by operators often neglecting to promote the resale vfpr•eviously occupied units, preferring instead to pr•ornote the sale of tl?eir unsold zrnits, the level of dissatisfaction? among former• residents (residents lvho 1?ave "1landed in (heir keys" but not received their exit entitlement) acts as cn? illustration of the apparent contempt in l~Vl?lch SOr7?e scheme operators appear to hold their customers.

In tl?e event of any provision of this revised Act offering better consumer protection? to pre-existir?g residence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. „

I aslc that this option received your most diligent consideration.

Yours sincerely


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L 9 November 2016.

The Honourable Mick de Brenni M.P. Minister for Housing and Public Worlcs PO Box 2457 BRISBANIJ 4001

Dear Minister

i am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospeetivity of unit sales whereui the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, world not apply to existing lease holders.

The following paragraph from letter of 19 October 2016 is most appropriate.

"With zrni.t sales and the return of resident's money currently taking, in some cases, years, which has been (or is being made worse by operators o,~ten neglecting to promote the resale of previously occupied units, preferring instead to promote the sale of their zmsold units, the level of clissatisfactior~ among,former residents (residents who have "handed in their keys" but not received their exit entitlement) acts us ern illustration of the apparent contempt in which some scheme operators appear to hold Iher'r• customers.

In the event of crny provision of this revised Act offering better consumer protection to pre-existing residence conh•acts to reside than the Act it replaces, the provisions of this reviewed Act hill apply. "


Yours sincerely


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.RE~EI~TE

2~ 9 NOV X016

1) November 2016,

The Honourable Mick de Brenni M.P, Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

Dear Minister

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised at~d that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders•


"With imr't sales and the return of resident's money carrrently taking, in some cases, years, which has been (or is beings made worse by operators often neglecting tv promote the resale of previously occupied units; preferring instead to promote the sale of Iheir° unsold units, the level ofdissatisfuction anrongfor•mer• residents (residents who have "handed i.n their keys" but not r°eceived Iheir exit entr'tlemenl) acts as an illustration of•the apparent contempt in whr.'ch some scheme operators appear• to hold their customers.

In the event of any provision of this revised Act offering better consumer protection to pre-existing residence contracts to r'esr'de than the Act it replaces, the provisio»s of this reviewed Act will apply "


Yours sincerely


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19 November 2016.

The Honourable Micic de Brenni M.P. Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

Dear Minister

z e Nov zoos 3Y:—,_

I am a resident of t and at a recent Residents' meeting, was made aware that the Retvement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taping out a contract to reside, would not apply to existing lease holders.


"With unit sales and the return of resident's money carrrently takang, in some cases, years, which has been (or• is being made worse by operators often neglecting to promote the resale of previously occarpied zrnr'ts, pr•efer•r•ing instead to promote the sale of their• unsold arnits, the Xevel of dissatisfaction amongformer• r°esiden/s (residents who have "handed in their Treys" bul not received their exit entitlement) acts as an illustration of the apparent conternpl in 1~~hich some scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better• consumer protection to pre-existingresidence contracts to reside than the Act it replaces, the provisions of this reviewed Act ~-vill apply. "


Yours sincerely


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19 November 2016.

The Honourable Micic de Brenni M.P. Minister for Housvlg and Public Worlcs PO Box 2457 BRISBANE 4001

Dear Minister

~~~I~-~~ ~ ~ Nov ~a~s

3Y• --._._..

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders,

The following paragraph from etter of 19 October 201 G is most appropriate.

"With unit sales and the retw•n of resident's money currently taking, in some cases•, years, which has beers (or• is being) made worse by operators often neglecting to promote the resale of previously occZrpied units, preferring instead to promote the sale of their irnsolcl zmits, the level of dissatisfaction amor~g,for•rner• residents (residents why have "handed in their Iteys" but not recei.vecl their• e:cit entillerrrenl) acts as an illustration of the apparent contempt in 1•vhieh some scheme operators appear• to hold their• customers•

In the event of anyprovision of this revised Act offering better consumer protection to pre-e~istir~g residence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "


Yours sincerely


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19 November 2016.

The Honourable Micic de Brenni M.P, Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

R ~"~~~+ ~~ ~~;

2 9 NOV zo16:

Dear Minister B

1 atn a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the reh•ospectivity of utut sales wherein the provision of a more prompt return of the interest free loan (it~going contribution) made by residents when takuig out a contract to reside, would not apply to existing lease holders,

The followuig paragraph from letter of 19 October 2016 is most appropriate.

"With unit sales and the return of resident's money cm•rently taking, i.n svme cases, years, 1~~hich has been (or is being) made worse by operutvrs gften neglectr'ng !o promote the t•esale ofprevivusly occupied zmits, pr•eferr•ing instead to promote the sale of their unsold units, the level. ofdissatisfaction among former residents (residents why have "handed in their keys" but not received ther'r exit entitlement) acts as an illustration of the apparent contempt in ~~~hich some scheme operators appear to hold their customers,

In the event of any provision Of this revised Act offer'ir?g better• cor~surner pr•otecNor~ to pre-existing residence contracts tv reside than the Act i! replaces, the provisions of this reviewed Act 1~~ill apply. "

I aslc that this option received your most diligent consideration,

Yours sincerely


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19 November 2016.

The Honourable Mick de Breiuu M.P. Minister for Housing and Public Worlcs PO Box 2457 BRISBANE 4001

Dear Minister

REGEI ,1C;,

BY;


The following paragraph from 's letter of 19 October 2016 is most appropriate.

"With unit sales and the return of resident's money currently taking, in some cases, years, which has been (or is being) made worse by operators often neglecting to promote the resale ofpreviously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatisfaction among formef• residents (residents who have "handed r"n their keys" but not received their exit entitlement) acts as an illush•ation of the apparent contempt in which some scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better cor~sumer protection to pre-existing residence contracts to reside than the Act it replaces, the provisions of this reviewed Act 1a~i11 apply. „


Yours sincerely


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19 November 2016.

The Honourable Mick de Breiuu M.P. Minister for Housing and Public Works PO Box 2457 BRISBAN>J 4001

Dear Minister

2 ~ Nov 2016

3Y;_

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the reh•ospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when talcnlg out a contract to reside, would not apply to existing lease holders.


"Wi.t17 unr't sales and the return of resident's money currently talcang, in some cases, years, 1~t~hich has been (or is being made worse by operator's often neglecting to promote the resale of pr•evioirsly occupied units, prefer•r•fng anstead to promote the sale of their• unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys" but not received their exit entitlement) acts as an illarsiratr'on of the apparent contempt in i~~hich svme scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better consumer protection to pre-existing residence contracts to reside thca~ the Act it replaces, the provisions of this revie~~~ed Act ~~~ill apply. „


Yours sincerely


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19 November 2016,

The Honourable Mick de Brenni M,P. Minister for Housing and Public Works PO Box 2457 BRISBANE 4001

Dear Minister


The following paragraph fiom letter of 19 October 2016 is most appropriate.

"Ylrith unit sales and the return of resident's money currently taking, r'n some cases, years, which has been (or• is being made worse by operators often neglecting to promote the resale ofpreviously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatiafacNon arnongfor•mer residents (residents who have "handed in their keys" bu! not received their exit entitlement) acts as an illarsh•ation of tl7e apparent contempt in u~hr'ch some scheme operators appear to hold their customers.

In the event of any provision of this revised Acl offering better• consZm~er protection to pre-exl.sting residence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "

I ask that this option received your most diligent consideration. /~

Yours sincerely


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19 November 20] 6,

The Fionotuable Mick de Breimi M.P• Minister for Housing and Public Worlcs PO Box 2457 BRISBANB 4001

Dear Minister

REC~T~J`~• •,

2 9 N(lV 1u'~~

B

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoi~lg contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders•

The following paragraph fiom s letter of 19 October 2016 is most appropriate.

"YVith unit sales and the r•etur•n of resident's money currently taking, in some cases, years, tit~hich has been (or' is being made tivorse by operators often neglecting to promote the resale of previoZrsly occupzed ztnits, pref •erring instead to pror~~ote the sale of their unsold units, the level of dissatisfaction among former' residents (residents t~~ho have "ha»ded in their treys " bui »ol received their exit entitlement) acts as an tlhrstrattorr of the appurent contempt in which Bonze scheme operators appear to hold their cztstomer•s.

In the event of any provision of this revised Act offering better consumer• protection to pre-existr'ngresidence corztr•acts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "


Yours sincerely


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19 November 2016.

The Honourable Mick de Breiuii M.P, Minister for Housing and Public Worlcs PO Box 2457 BRISBANE 4001

Dear Minister

I am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is bevig revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders,


"With unit soles and the return. of resident 's rnor~ey currently taking, in same cases, years, which has been (or is being made worse by operators often neglecting to promote the r•escrle ofpreviously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys" but nat received their exit entitlement) acts as an illustration of the apparent contempt in ~vhr'ch some scheme oper'ator's appear• to hold their czrstomer's.

In the event of any provisr'on of tl?is revised Act offering better consumer protection to pre-existing resr'dence contracts to reside than the Act it replaces, the provislOrrS Of thlS r'evr'ewed Act will apply. "


Yours sincerely


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19 November 2016.

The Honourable Micic de Bremii M.P. Minister for Housing and Public Worlcs PO Box 2457 BRISBANIJ 4001

Dear Minister•

1 am a resident of and at a recent Residents' meeting, was made aware that the Retirement Villages Act 1999 is being revised and that this revision fails to address the retrospectivity of unit sales wherein the provision of a more prompt return of the interest free loan (ingoing contribution) made by residents when taking out a contract to reside, would not apply to existing lease holders.

The following paragraph from letter of 19 October 2016 is mast appropriate.

"With unit sales and the return of resident's money curr•errtly talcir~g, ire some cases, years, t~~hich has beery (or is being) made worse by operators often neglecting to promote the resale of previously occupied units, prefer•r•ing instead to promote the sale of their zrnsold zr»its, the level of dissatisfaction among former residents (residents who have "handed in their• Ireys" bzrt not received their exit entitlement) acts as an illustration of the apparent contempt in t~~hich some scheme operators appear• to hold their czrstvmers.

Irr the event of any provision of this revised Act offerr'ng better conszrmer• protection to pre-existing r^esidence contracts to reside thurr the Act it replaces, the provisions of this reviewed Acl ~~~ill apply. "

I aslc that this option received your most diligent consideration,

Yours sincerely


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19 November 2016.


Dear Minister

RECEIVED

01 NOV 2016

BY•


The following paragraph from tter of 19 October 2016 is most appropriate.

"With unit sales and the return of resident 's money currently taking, in some cases, years, which has been (or is being made worse by operators often neglecting to promote the resale of previously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys" but not received their exit entitlement) acts as an illustration of the apparent contempt in which some scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better consumer protection to pre-existingresidence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "


Yours sincerely


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19 November 2016.


Dear Minister



"With unit sales and the return of resident's money currently taking, in some cases, years, which has been (or is being made worse by operators often neglecting to promote the resale of previously occupied units, preferring instead to promote the sale of their unsold units, the level of dissatisfaction among former residents (residents who have "handed in their keys" but not received their exit entitlement) acts as an illustration of the apparent contempt in which some scheme operators appear to hold their customers.

In the event of any provision of this revised Act offering better consumer protection to pre-existing residence contracts to reside than the Act it replaces, the provisions of this reviewed Act will apply. "


Yours sincerely


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'~~' Office of the Queensland Minister for Housing and Public Works Government

Ref: HS 02447-2016 1 William Street Brisbane Queensland GPO Box 2457 Brisbane Queensland 4001 Australia Telephone +617 3719 7270 Facsimile +617 3012 9017 E: [email protected]

Dear [NAME]

Thank you for your letter of 19 November 2016 to the Honourable Mick de Brenni MP, Minister for Housing and Public Works requesting retrospective application of proposed amendments to the Retirement Villages Act 1999 (the Act). The Minister has asked me to respond on his behalf.

One of the important challenges the community faces is protecting and looking after our ageing and potentially vulnerable population. Within the residential sector, the Department of Housing and Public Works is working to improve industry regulation and consumer protection for people entering, living in, and leaving retirement villages. Issues relating to the Act are being considered as part of the Queensland Government's commitment to developing a new Queensland Housing Strategy to shape the vision for housing, including seniors' housing over the next 10 years.


The Minister would like to assure you that amendments to the Act are being progressed as a matter of priority within the forthcoming Housing Strategy. Reviewing legislation is a complex and often lengthy process, however I can assure you that the department is working hard to ensure amendments to the Act are introduced to Parliament as soon as practically possible.

I hope this information answers your enquiry. If you need any more information or help with this matter, Mr Jonathan Leitch, Executive Director, Strategic Policy and Research, Housing and Homelessness Services, Department of Housing and Public Works can be contacted on (07) 3007 4700 or by email [email protected].

Yours sincerely



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n/a · matter, mr jonathan leitch, executive director, strategic policy and research, department of...

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