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Posted: 2024-10-26 21:21:03

While they're billed as safe, independent and often luxurious living for older Australians, retirement villages have also been described as engaging in "corporatised elder abuse". 

They have been accused of leaving residents financially worse-off when they leave, and having complex contracts. 

In the ACT, there are around 40 retirement villages that 3,500 residents call home.

An ageing population means there's growing demand, and there are more villages in the works. 

Canberra resident John Beagle, 92, described the sector as a "black hole" where information and regulation is scarce. 

an elderly man in a colourful shirt

Mr Beagle previously mounted a petition to the ACT Legislative Assembly, urging the government to create an ombudsman to regulate villages in the ACT. (ABC News: Ian Cutmore)

He and his wife moved into their village under stressful circumstances about six years ago. 

Mr Beagle had just recovered from a health scare and the couple needed to move urgently. 

Selling their home and moving into a villa was an easy and quick decision and, on the whole, they have been pleased with their experience. 

At this point of their lives, neither is worried about the "what's next", including what happens to their finances at the end of their time in their villa.

"I'm 92 years of age ... I'm well past my use-by date, so it doesn't concern me one bit," he laughed.

"You know, I've had a good life, and I have no complaints."

But that doesn't mean Mr Beagle, who has long been an activist, isn't worried about what happens to other residents who encounter problems along the way. 

Few pathways for residents who encounter issues 

A building sign that reads 'ACT Civil and Administrative Tribunal'.

The ACT Civil and Administrative Tribunal is one pathway available for those raising disputes. (ABC News: Nick Haggarty)

In the ACT, retirement village residents are able to bring disputes to the ACT Civil and Administrative Tribunal (ACAT) and the ACT Human Rights Commission. 

They can also approach their village management directly or bring it to the residents' committee. 

Bringing a matter to ACAT is something Mr Beagle has done on behalf of a neighbour — although he noted that was not something all retirement village residents would feel comfortable doing. 

"The people who live in retirement villages across Australia are basically 80-plus-year-old vulnerable single women … all they want is peace and quiet and to have a safe and un-bullied time," he said.

"Unfortunately that's not always the case." 

In 2022, Mr Beagle lodged a petition with the ACT government, urging it to establish a retirement village ombudsman as a new regulatory body, able to handle complaints. 

And while the government didn't move forward with that, citing concerns including cost, it did agree to promote the Human Rights Commission and its dispute resolution processes more widely. 

That was welcomed by Mr Beagle, who is these days advocating for a star rating for retirement villages — something which has gained some political traction.

an older woman on her balcony

Anne Caine is the secretary of the ACT Retirement Village Residents Association (ACT RVRA). (ABC News: Donal Sheil)

Small number of ACT residents in retirement villages 

The number of people who live in retirement villages in the ACT is relatively small, and the group that works with them is similarly diminutive.

Currently headed by former lawyer Anne Caine, the ACT Retirement Village Residents Association (ACT RVRA) works to advocate for residents and also assists people who might be experiencing issues.

Ms Caine, who is herself a resident of a retirement village in Canberra, was drawn to the lifestyle and safety it offered. 

Her husband had fallen down the stairs at their large family home and so they had decided a change was needed. 

Like others, they were enticed by the low-maintenance style of living, the age-friendly building style and the fact that socialising and engaging in activities was made easy.

She had a lawyer look over her contract, following the standard advice given by the ACT RVRA.

"They are very, very complex," Ms Caine explained. 

That's especially important in the ACT where operators don't have a model contract so each village might look very different. 

Like Mr Beagle, the ACT RVRA would like it to be easier to compare the offerings of each village. 

But they think an online repository for contracts might be a better start.

retirement village

Residents at retirement villages, like Anne Caine, are often drawn to their safety, low-maintenance and accessible-living options. (ABC News: Donal Sheil)

Ms Caine is supportive of moves like a call for a model contract and for what's known as a disclosure statement, where operators have to set out a snapshot of the legal and financial features of their village to prospective residents. 

"Fees ... cause most issue to people ... people get quite a shock, or the family gets quite a shock, when the person passes away or moves into aged care and they get these amazing fees," she said. 

The ACT RVRA also encourages residents to get the family involved in their decision, to avoid potential shocks later on.

Ms Caine accepts that retirement villages, which are for-profit operators, are able to charge residents for the lifestyle they offer. 

That includes exit fees, which in some cases stretch to hundreds of thousands of dollars. 

She would, however, like to see more transparency around where fees go and how much they contribute to operators' profits. 

And she's supportive of moves at a federal level by independent MP Rebekah Sharkie, urging retirement village contracts to be regulated as a financial product. 

An aerial photo of a retirement village on a coast.

Retirement villages like Tranquil Waters in Queensland have come under scrutiny for some of their practices. (ABC News)

What does the territory's legislation say?

In the ACT, retirement villages are governed by the Retirement Villages Act 2012.

That piece of legislation does cap some fees and charges, including legal expenses incurred by the operator in relation to preparing a contract and how much they can charge if the contract is ended during a settling-in period.

It also states that most recurring charges come to an end 42 days after a resident leaves and that under some models a resident gets their money back after leaving a villa within six months.

And while a number of other fees and charges aren't capped, they are required to be set out in contracts.

Of course, that doesn't necessarily mean they're clear and easy to understand — a feature which has received criticism. 

a woman with a blonde ponytail talking at her desk

Jo Twible is one of the few lawyers in Canberra who specialises in retirement village contracts. (ABC News: Ian Cutmore)

KJB Law's Jo Twible agreed most of the contracts are far too complex for someone to understand without the help of a lawyer. 

And as one of the few lawyers practising in this space, she said there's a reason they are so complex. 

Even in New South Wales, which does have a standard contract, they will change drastically depending on the offerings from the village they choose.

In Canberra alone, there's many different types of retirement village. 

That means different scenarios for residents, both financially and legally, depending on the type they live in. 

Residents also have the choice about when to pay some fees. 

Ms Twible agreed more transparency was needed about where operators are making their profits, just how large those profits are and what resident fees are being used for. 

"That sense of [whether] an operator's price gouging or not, that could be perhaps resolved by some some transparency," she said.

ACT Chief Minister Andrew Barr gives his victory speech for the 2024 ACT election.

ACT Chief Minister Andrew Barr said more work was needed to be done in the sector. (ABC News: Jostina Basta)

So what's next?

ACT Labor didn't respond to the ABC's request for comment before the deadline. 

However, when asked at a press conference earlier this month, Chief Minister Andrew Barr said there would need to be further work in the area by the next Assembly. 

"There's a complex set of interactions with strata and unit title issues in this regard and a regulatory interface with the Commonwealth," he said.

"I would acknowledge the issues that have been raised."

He said it would likely go to an Assembly committee for examination before any changes were made to legislation or regulation. 

Prior to the election the ACT Greens said they believed the retirement village system should be "fair and transparent". 

"We agree that practices and protections around retirement villages need reviewing and that costs such as fees and charges need to be spelled out clearly and plainly to potential residents," the statement read.

They didn't make any firm commitments to what changes they would implement, but said they would consider practices like model contracts or capping exit fees. 

Their party leader Shane Rattenbury has also held the portfolio of consumer affairs minister in the most recent ACT Legislative Assembly, and they said some of that work had already started under his watch. 

A portrait of a man in a gymnasium.

Thomas Emerson, leader of the Independents for Canberra, said a star rating system was needed for the aged care sector. (ABC News: Michael Barnett)

During the election campaign, Independents for Canberra — who now hold one seat in the Assembly with Thomas Emerson — said they would commit to improving financial transparency and regulation in the sector.

Though they'll be unlikely to hold a balance of power, they pledged to establish a Strata Commissioner who would have retirement villages within its remit and would have the power to force operators to present detailed breakdowns of how fees were allocated, managed and accounted for.

They also supported calls for a star-rating system. 

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