Schedule 1 of the Retirement Villages Regulations 2017 (SA) provides for a Code of Conduct that must be adhered to by operators and residents.
The Code of Conduct is legally binding, and it is a term of every residence contract that operators and residents must observe the Code of Conduct [see Retirement Villages Act 2016 (SA) s 63(2)].
If an operator breaches a provision of the Code of Conduct, they are liable to pay a fine of up to $2 500 or an expiation fee of $210 [s 63(3)].
The Code stipulates that operators, amongst other things, must:
- not interfere with residents' self-reliance and autonomy in their personal, domestic and financial affairs;
- take reasonable steps to ensure that the retirement village is safe and secure;
- not harass or intimidate residents of the village;
- respect the peace, privacy and comfort of residents;
- acknowledge, within a reasonable time, requests from residents for repairs and maintenance of the village;
- consult residents in relation to the financial affairs of the village
See Retirement Villages Regulations 2017 (SA) Schedule 1(1).
The Code also provides that residents must:
- respect the peace, comfort and privacy of other residents and persons in the village;
- not harass or intimidate other residents or persons in the village;
- not act in a manner that places the safety of residents or persons in the village at risk of harm;
- comply with the residence rules.
See Retirement Village Regulations 2017 (SA) Schedule 1(2).
The Code also sets out other various requirements relating to consultation with both residents and any residents' committee on various matters [see Retirement Villages Regulations 2017 (SA) Schedule 1(5) and (6)], and requirements relating to surplus and deficit policies [see Retirement Villages Regulations 2017 (SA) Schedule 1(4)].
Code of Conduct : Last Revised: Tue Jun 26th 2018
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