Fees and Charges
A disclosure statement must be provided to prospective residents at least 10 days before they sign a residence contract. A disclosure statement is intended to improve the transparency of residence contracts and to provide prospective residents with a summary of the relevant financial information before they sign a contract.
The disclosure statement must be in writing and set out the financial arrangements for residents of the retirement village, including:
- a description of all fees and charges (whether on entry or exit or once off or recurrent fee), including the amount or how the amount is to be calculated;
- what the operator does with the fees and charges;
- any utilities, services or facilities provided or available to residents that the operator has an interest in or gains a benefit from;
- the way the resident’s exit entitlement will be calculated and the effect of section 30 of the Act where the resident is exiting to enter into an aged care facility;
- the insurance arrangements that are in place for the retirement village;
- a statement advising of the possibility of a fee or charge arising for the operator to recover an unforeseen expense (this is called a special levy under the Act).
See Retirement Villages Act 2016 (SA) s 21.
Legal and Financial Advice
The disclosure statement must include a statement advising that [s 21(2)(c)]:
- the disclosure statement does not form part of the residence contract, and is intended only as a summary of certain information in the contract;
- the prospective resident must ensure they fully understand the terms of the residence contract itself, rather than relying on the disclosure statement; and
- recommending that the prospective resident seek independent legal and financial advice about the proposed residence contract.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.