Enforcement of the RV Act offence provisions
Consumer Affairs Victoria monitors compliance with, and enforcement of, the Retirement Villages Act 1986 (RV Act). Operators can be fined for breaches of the offence provisions.
Consumer Affairs Victoria’s monitoring and enforcement powers are similar to those in the Australian Consumer Law and Fair Trading Act 2012. However, with retirement villages, Consumer Affairs Victoria cannot:
- enter and inspect any premises open to the public
- enter and search any premises at any time if the inspector believes that dangerous goods are being supplied from the premises
- take samples, or inspect, seize, or make copies or extracts of documents
- require operators to provide information and documents
- require operators to give evidence relating to a suspected breach of an offence provision
- share information with other enforcement agencies, or
- seek a court order for the operator to cease trading, correct advertising or publish an adverse finding.
We would like your views on the adequacy of the enforcement provisions in the RV Act.
Questions for consideration
- Are the enforcement provisions incorporated into the RV Act sufficient?
- Should the Director of Consumer Affairs Victoria be given additional powers and enforcement options available under the Australian Consumer Law and Fair Trading Act 2012? If so, why? If not, why not?