Is the concept of retirement village independent living a thing of the past, with big, new regulations challenging the whole business model – after this weekend we think ‘yes’.

Here is why, and stay with us. In preparation for the LEADERS SUMMIT at the Hyatt Regency, Sydney, this Thursday, we have spoken to leaders around Australia and internationally. The message was repetitive: ‘care has hairs’ for village operators.

Steve Monroe, Editorial Partner for America’s SeniorsInvestor newsletter, told us everybody is walking away from aged care services because of regulations. Even the Not For Profit Continuous Care Retirement Community are pulling back from nursing home care on their co-located campuses. Jiri Horecky, based in Prague and President of the Global Ageing Network (GAN,) is advising its operator members to move away from nursing homes to deliver services in the local community. Jeremy Nicoll, CEO of Arvida in New Zealand, tells us that NZ village operators are reducing their aged care beds dramatically as they don’t make any cash any more.

What is the impact of all this: people on the verge of residential care are joining retirement villages, and once in, it is extremely difficult to move them out, while their health deteriorates.

What is the operator’s duty of care for these people?

This led us to have a video call with Judy Mayfield, President of the QLD residents’ association, the ARQRV. She says villages and residents are being swamped by people needing care because “salespeople are letting in the wrong people”, people who are avoiding nursing homes.

Judy says village management is not equipped and not willing to take up care responsibilities. Judy points out that village managers go home at 5pm, just when the ‘sundowner’ wanderers come out. Retrieving them and getting them home is a nightly function for other village residents. Same for weekends. Judy predicts a very bad event is just around the corner.

Which brings us to MinterEllison, who will be presenting at the LEADERS SUMMIT the complexities around village employees. Engagement in care is a very different employment contract to the traditional (property) management inherent in staffing. Duty of care is increasingly being raised with village operators.

They see a care inference is made in sales and marketing, which triggers duty of care and employee consequences.

Judy, as President of the ARQRV, agrees.

To avoid it, do you go out of your way to say we do not support you as you age? Do you introduce mental and financial tests before accepting entry, as they do in America?

Do you wait for individual state governments to introduce new regulations formalising your responsibility – you sold care, so now prove you are providing it.

The first step is to get behind your sector representative, the RLC or ACCPA. They too will be at the LEADERS SUMMIT.

Learn more at the LEADERS SUMMIT. Less than 10 tickets remain. Register HERE.