The Retirement Villages Act 1992 (the Act) prohibits certain persons from being the administering body or being concerned, directly or indirectly, in the administration of a retirement village unless the person holds an exemption certificate granted by the Commissioner.
Who can apply for an exemption certificate
An exemption certificate may be sought by prohibited persons who:
- are already involved in administering a particular village
- propose to become involved in administering a village.
Exemption certificates may be granted by the Commissioner subject to conditions and limitations specified in the certificate and may be revoked by written notice.
The exemption certificate will be immediately cancelled if a person is granted an exemption certificate and subsequently becomes a prohibited person because of:
- bankruptcy
- conviction
- disqualification
- winding up
- other matter relevant to section 76.
Guidelines for applicants
The guidelines explain the provisions of the Retirement Villages Act 1992 (the Act).
The purpose of the provisions is to protect the wellbeing and financial interests of residents. It ensures individuals concerned in the administration of a retirement village do not present a risk to the wellbeing and financial interests of the residents of the retirement village.
The guidelines are intended to assist applicants by providing an overview of the process for considering an application for an exemption certificate in relation to these provisions.
The guidelines are not a substitute for legal advice. You should consider seeking legal advice if you have any doubt as to whether you are a prohibited person and are concerned, directly or indirectly, in the administration of a retirement village.
How do I apply for an exemption certificate?
To apply for an exemption certificate, you must:
- complete and sign the form
- attach all documents required by the form, such as evidence of your duties and responsibilities in relation to the retirement village
- provide details of reasons for seeking exemption
- Provide a National Police check, if required
- pay the application fee (please note the fee is non-refundable).
Your application cannot be assessed unless ALL sections are completed and ALL information is provided.
During the process of assessing your application, the Department may request further or additional information from you.
Lodging your application
The application fee/s is payable at the time of lodging this application.
The fees and forms page contains further details about:
- how to lodge your application
- relevant fees
- other licensing forms
- how to contact us.