Exemptions from any of the requirements of the Retirement Village Act 1986 can be granted by the Director of CAV on application from the proprietor or operator of a retirement village.
An exemption can be granted for a maximum of 5 years and may be subject to conditions.
An exemption cannot be granted until residents of a village have had an opportunity to make submissions to the Director. Residents and prospective residents can find out about any existing exemptions by checking the public register of retirement villages or a village’s information statement.
Retirement village proprietors and operators should carefully consider the individual circumstances and specific reasons they are seeking an exemption from all or part of the Act.
This should include any impact on residents as well as the retirement village operator’s ability to comply with requirements.
Exemptions granted before 1 May 2026
Exemptions granted before 1 May 2026 continue to apply for up to 12 months from 1 May 2026, or until the Director makes a decision on a new exemption application for the village or revokes the exemption.
Villages with an existing exemption must seek and be granted a new exemption by 1 May 2027 via myCAV to continue being exempt from requirements.
Applying for a village exemption
Proprietors and operators can apply for a village exemption through myCAV
Step 1: Sign into your myCAV account by entering your email address and password, then click the ‘sign-in’ button. This will open your myCAV account.
Step 2: Once you are in your myCAV account page, scroll to the ‘Apply for a licence or registration in myCAV’ section and select ‘Retirement Village’.
Step 3: Select ‘Lodge a retirement village register notice or exemption application’.
Step 4: Once prompted, select the ‘Retirement Village exemption application’ form to complete the application.
From 1 May 2026, applications can only be made for individual villages. Exemptions for a group or class of retirement villages are no longer permitted under the Act.
Residents must have the opportunity to make submissions to the Director
Before making an application, the person must give written notice to every resident of the village. The notice must explain:
- the person’s intention to apply for an exemption
- what exemption is being sought
- the effect of the exemption if it is granted
- the residents’ right to make written submissions to the Director
- that submissions can be made to the Director via email at cav.registration@dgs.vic.gov.au
Residents have 60 days from when the notice is given to make submissions. The Director cannot grant an exemption until this 60 day period has ended.
What the application must include
The person must include in the application:
- the name of the retirement village
- the reason the exemption is being sought
- whether the exemption applies to all of the Act or only specific provisions
- a copy of the notice given to residents and the date it was served
- a copy of any existing exemption for the village (if there is one)
What the Director will consider
When deciding whether to grant an exemption, the Director must consider:
- the reasons for the application
- any submissions made by residents or other interested parties
- the impact of the exemption on residents
- how disputes will be managed if the exemption is granted
- whether residents would be disadvantaged
- the fees charged in the village
- whether the village is owned or operated by a not-for-profit, volunteers, residents, a religious organisation, or as a cooperative
- whether the retirement village principles would continue to be applied
- whether the proprietor/operator has previously been convicted of an offence under the Act or the regulations
- if an exemption has previously been granted, the reasons for and the terms of that exemption.
Outcome of an application
If the Director grants an exemption, the Director will give written notice of the decision to the operator setting out that:
- that the exemption has been granted
- the conditions (if any) imposed on the exemption
- the period for which the exemption will remain in force.
The exemption will also be published on the register of retirement villages.
The Director will also notify the operator if an exemption is not granted.
Review of exemptions by the Director
The Director may review an exemption at any time.
Before reviewing an exemption, the Director must give written notice of the proposed review to the person to whom the exemption was granted; and the residents of the retirement village.
Following a review, the Director may revoke the exemption or amend the exemption and any conditions.
Re-apply for expiring exemptions
If the retirement village has been granted an exemption (after 1 May 2026) that is due to expire, the operator can re-apply for the exemption via myCAV.
Step 1: Sign into your myCAV account by entering your email address and password, then click the ‘sign-in’ button. This will open your myCAV account.
Step 2: Once you are in your myCAV account page, scroll to the ‘Apply for a licence or registration in myCAV’ section and select ‘Retirement Village’.
Step 3: Select ‘Lodge a retirement village register notice or exemption application’.
Step 4: Once prompted, select the ‘Retirement Village exemption re-application’ (re-apply for exemptions that are expiring) form to complete the application.
Following this process, the Director will provide written notice of the decision of the exemption application via myCAV.