Page 3273 - Week 08 - Wednesday, 22 August 2012
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Residents have also highlighted section 242(1) which states that a charge over land will be created on the day a contract was entered into. However, the question needs to be asked that, since existing contracts would have been signed prior to this bill coming into force, will the charge over land apply to all existing village residents? These are just a few of the concerns.
I suspect we will have to revisit this legislation at some point in the future once it is passed. I think the second part of this process has been somewhat rushed. That said, we are prepared to take the advice and representations of representatives of both residents and industry and give the bill a chance. I flag that, in order to make sure there is enough time to bed down the changes, I will be moving an amendment in the detailed stage seeking that the commencement of this bill be 1 March next year.
MS BRESNAN (Brindabella) (9.29): The Greens will be supporting the Retirement Villages Bill. The creation of retirement villages has been a positive innovation in our community. They provide safe, comfortable community lifestyles to older people needing to step back from maintaining a large home. The proportion of Australians aged 65 and over living in retirement villages has increased over the last two decades. This trend is likely to continue, particularly with the ageing of the population across the country.
Along with the many benefits that retirement villages present, there are, of course, risks which must be managed. People invest a significant amount of their money when they move into a retirement village, and if problems arise it is difficult for them to move elsewhere. The bill being proposed today enforces through law the financial and tenancy rights of older people living in retirement villages, something that, until now, has only been subject to a code of practice.
The Greens believe older people should be given proper rights and protections when it comes to whatever living situations they may be in. Many people who live in retirement villages are widows and they do not all have the self-advocacy skills or affordability to defend their rights. The Greens believe, as I said earlier, older people have the right to feel safe and the laws being proposed today assist in achieving this.
It is important to note that the ACT has been the only jurisdiction in Australia that has not provided legislative protection for people living in retirement villages. The Office of Fair Trading operates a retirement villages code committee, but the committee does not meet often and residents did not seem to be using the process, despite having concerns.
The bill we are debating today is comprehensive and replicates New South Wales legislation. I appreciate a great deal of work was put into the previous version of Ms Porter’s bill, but negotiations have led to this version of the bill that we are debating today.
The Greens have had several meetings with both the bodies representing the industry, the Retirement Villages Association and the Retirement Villages Residents Association. We have also been contacted by a number of individual residents of
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