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Can a retirement village force me to move?
For many retirement village residents, this fear sits quietly in the background. The short answer: there are rules operators must follow, and you have rights.
The fear is understandable.
This concern is one of the most common anxieties we hear from retirement village residents and their families. Stories circulate about sudden moves, difficult conversations, and feeling powerless in the face of operator decisions.
Your home in the village represents independence, security, and often a significant financial investment. The thought of losing all three at once, with little say in the matter, is distressing.
But the law does protect you.
Understanding your rights helps you navigate this situation if it arises, and plan ahead to protect your interests.
What the law says.
The Retirement Villages Act 2003 and the Retirement Villages Code of Practice 2008 set out clear requirements for how operators must handle care needs assessments.
Operators must:
- Follow a fair and transparent process
- Give you reasonable notice and time to consider
- Allow you to dispute the assessment
- Seek independent assessment if you request one
- Act reasonably and in good faith
Who makes the assessment?
The assessment must be made by an appropriately qualified person - usually a registered medical practitioner or other health professional. The village manager's personal opinion is not sufficient.
Your right to independent assessment
If you disagree with the operator's assessment, you have the right to seek an independent assessment at your own cost. Many residents are unaware of this right, but it is an important protection.
Time to consider
You are entitled to reasonable time to consider the assessment and seek advice. "Reasonable" depends on circumstances, but you should not be pressured into immediate decisions. If the operator is rushing you, that's a warning sign.
Right to respond
Before any decision is made, you should have the opportunity to respond and put forward your own views, including information about support services you could arrange.
What operators cannot do.
If you believe the operator has not followed the proper process, you have options. The dispute resolution process in your ORA applies, and the Retirement Commissioner's office may be able to assist.
What might trigger a review.
Safety concerns
If your living situation creates genuine safety risks for yourself or other residents. Examples include falls that cannot be managed, behaviour that poses risks to others, or fire safety issues.
Care needs beyond village capacity
Some villages are licensed only for independent or serviced living, not full rest home care. If your needs exceed what the village can legally provide, a move may be necessary.
Medical recommendations
Your own medical team may recommend a higher level of care. This is different from the operator initiating a review, and often carries more weight.
Important: Not every health change triggers this process. Many residents manage with increased support services, modifications to their unit, or family assistance. The question is whether you can continue to live safely within what the village is designed and licensed to provide.
Planning ahead.
The best time to understand your rights is before any issue arises.
Review your ORA
Look at what your occupation right agreement says about care assessments and the process if your needs change. If you are considering moving into a village, this should be part of your pre-signing review.
Understand care provisions
Know what level of care the village is licensed to provide, and what happens if your needs exceed that. Some villages have rest home or hospital facilities on site; others do not.
Have family conversations
Discuss with family members what your wishes are if your care needs change significantly. Having these conversations when you are well makes them easier to navigate later.
Ensure EPAs are in place
An enduring power of attorney for personal care and welfare means someone you trust can advocate for you if you lose capacity to advocate for yourself. This is essential protection.
If you are facing this right now.
If an operator has raised concerns about your care needs, or you have received notice of an assessment, take these steps.
Immediate steps:
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1
Do not sign anything immediately.
You are entitled to time to consider and seek advice.
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2
Get a copy of everything in writing.
Ask for the assessment and any proposals to be provided in writing.
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3
Seek independent advice.
Talk to a lawyer, your family, or both before responding.
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4
Consider an independent assessment.
You have the right to seek your own medical assessment.
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5
Know your rights.
The operator must follow the process in your ORA and the Code of Practice.
Key Takeaways
Operators must follow a defined process before requiring a move to higher care
You have the right to seek an independent assessment
You are entitled to reasonable time to consider and seek advice
The process should be set out in your occupation right agreement
Having enduring powers of attorney in place provides important protection
If facing this now, do not sign anything until you have advice
Related Guide
Understand your rights and the process of moving into a retirement village.
Read the Retirement Villages GuideRelated Reading
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