Under the Retirement Villages Act 1999, all retirement village operators must register their schemes with us.
You cannot register a retirement scheme in Queensland if you:
- are insolvent under administration
- have a relevant conviction, such as for fraud or dishonesty where you were imprisoned for at least three months, or for physical violence.
You also cannot operate or promote a village, sell rights to reside in a retirement village, or directly or indirectly manage a retirement village if you are disqualified from doing so.
Applying to register
To register a retirement village:
- complete Retirement Villages Form 2 - Application for registration as a retirement village scheme
- attach a copy of your public information document
- pay the registration fee of $1899.60 for a new scheme or $807.05 for a previously exempt scheme
- pay the criminal history check fee for each person mentioned on the application
- attach any other documents requested
- provide originals or certified copies of your birth certificate, birth extract, passport, Australian Citizenship Certificate or drivers licence
- lodge the entire application (see the form for lodgement details).
After your application is approved, your scheme´s name and details are placed on a list that the public can search to confirm you are registered.
If your application is not approved, you will be notified in writing, including the reasons for the decision.
Appealing a decision
After receiving the notice that your application has been declined, you may apply under the Queensland Civil and Administrative Tribunal Act 2009 for a review of the decision by the Queensland Civil and Administrative Tribunal.
To cancel your registration, notify us in writing.
You also need to give each resident, and former residents who have not received exit entitlements, a written notice that explains:
- you have asked to cancel the village´s registration
- how the cancellation would affect them
- their right to object to the village´s cancellation by writing to the department within 60 days
- whether you have requested a release of the statutory charge, if relevant.
You must give the department a statutory declaration stating your compliance with the above and a copy of the notice given to the residents, including any former resident who has not received their exit entitlement.
Once the department is satisfied you have done these things, it may then cancel the village´s registration.
If the deparment believes your retirement village is no longer operating, it will notify you in writing that your village will be deregistered. The notice explains the reasons and how you can appeal the decision.
After receiving the notice, you have 28 days to lodge a written notice of appeal with the Queensland Civil and Administrative Tribunal. Otherwise, the village will become deregistered 30 days after the department sends the notice.
Criminal history checks
Applicants must undergo a criminal history check to confirm their suitability.
The criminal history check costs $35.90 (which includes $1.13 GST) for each person who appears on the application form. The fee applies to all applications and renewal notices. This quoted fee may be changed at any time.
Processing time is 4-6 weeks. However, it can take longer if the department needs to contact you for missing information or fees.
The processing time may be up to six weeks because the criminal history check process, handled by the Queensland Police Service, is thorough and time consuming.
Send certified documents
Take the original document and a copy to a Justice of the Peace, Commissioner for Declarations, solicitor, barrister or a Notary Public. They will stamp and/or sign the copy and write ´This is a true copy of the original document´.
The Department of Justice and Attorney-General has a list of JPs in your area. Otherwise, contact your local post office, courthouse, bank, shopping centre manager or pharmacy who may be able to advise on the location of local JPs.
Please note that a photocopy is not a certified document.
Depending on your circumstances, you may be entitled to a partial refund if you withdraw your application or it is refused. The department will also refund any unused criminal history check fees or fingerprinting fees.