The figures that matter most in a retirement village contract are the exit fee (often called a deferred management fee), what you or your family get back on leaving, and how long the operator can take to pay it. The outer limit on payment ranges from 6 months in NSW (non-registered residents, under the standard contract), Tasmania and the ACT, to 12 months in Victoria (new contracts) and WA, about 13.5 months in South Australia and 18 months in Queensland. Cooling-off runs from 5 business days (Tasmania) to 14 days (Queensland). See the tables below.
Prepared by Claim Done from each state and territory’s retirement villages Act and regulations, the prescribed NSW forms and official Fair Trading and Consumer Affairs pages, all listed under Sources. Last checked 8 November 2026. The NSW legislation website could not be read, so NSW points rest on NSW Fair Trading pages and the prescribed disclosure statement and standard contract. Victoria, WA and South Australia changed their laws in 2026, and some rules depend on when your contract was signed.
Deferred management fee explained
A deferred management fee (DMF), also called an exit fee or departure fee, is taken when you leave, often as a percentage that grows with each year you live there. Because it is deducted from your exit entitlement rather than paid up front, it is easy to underestimate. State rules on how it is worked out:
- Victoria (contracts from 1 May 2026): a DMF can only be a percentage of your entry payment, based on length of stay, calculated daily and stopping when you give vacant possession (s 26Y; reg 34). The contract must estimate what you would pay on leaving after 1, 2, 5 and 10 years.
- Queensland: for contracts made after the rule began in 2011, the exit fee must be worked out on a daily basis (s 53A).
- ACT: the departure fee stops accruing once you permanently vacate (s 217).
- WA (new-form contracts): time-based charges on leaving must be pro-rata daily.
- NT: the deferred fee and its basis must be clearly set out, and the operator must disclose your likely return after 1, 2, 5 and 10 years before you sign.
- NSW: check the departure fee formula in the disclosure statement and contract; no departure fee can be charged if you leave in the 90-day settling-in period.
Ask the operator to show, in dollars, what you would get back after 1, 2, 5 and 10 years. Where the contract gives the figures, our review works it out for you.
How long to get money back from a retirement village
| State | Latest time the operator must pay your exit entitlement |
|---|---|
| NSW | Non-registered interest holders: the standard contract default is the earliest of 14 days after the new resident’s payment or occupation, or 6 months after you vacate. Registered long-term lessees can apply for an exit entitlement order if not sold within 6 months (Sydney metro) or 12 months (elsewhere); strata, company and community title are excluded |
| VIC | No later than 12 months after you permanently vacate, for contracts entered into from 1 May 2026 (s 32I). Older contracts follow their own terms |
| QLD | The earliest of the contract date, 14 days after settlement of the resale, or 18 months after the termination date (s 63). For freehold units the operator must buy back by 18 months, with no sales commission |
| WA | The earliest of the contract date, 7 days after a new occupant, an agreed date, or 12 months after you permanently vacate (s 29); unpaid amounts are a debt. Owned premises: operator buyback within 12 months. Residents who left before 1 September 2026: by 1 September 2027 |
| SA | Recoverable as a debt 12 months after a 30-business-day period that starts after you give vacant possession, so about 13.5 months (s 27). If unsold, it is calculated on current market value unless you choose to wait |
| TAS | The earliest of 6 months after death, 6 months after notice of termination, or 30 days after resale or reoccupation (s 12). The Director can extend this by up to 12 months for serious operator hardship |
| ACT | Non-registered interest holders: at the latest 6 months after vacant possession (s 238). Registered interest holders: within 14 days after the resale events, with interest if late (s 235) |
| NT | The earliest of 6 months after written notice of termination or 14 days after a new paying resident moves in, but not before 1 month after you vacate (Code cl 36) |
In NSW and Victoria, if you move into aged care, part of the exit entitlement (up to 85%) can be paid early to the aged care facility; in NSW this is only for registered long-term lessees with at least 50% of the capital gain.
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Cooling-off, settling-in and documents before you sign
| State | Documents before signing | Cooling-off | Settling-in |
|---|---|---|---|
| NSW | Disclosure statement and a copy of the contract at least 14 days before; the standard contract must be used | 7 business days (prescribed forms); moving in ends it; refund within 1 month | 90 days; only fair market rent, damage, requested alterations and up to $200 admin fee |
| VIC | Contract at least 21 days before (s 24); standard form compulsory from 1 September 2026 | 7 business days; only a prescribed administration fee kept (s 26X) | Optional; if offered, no DMF and payout within 14 days |
| QLD | Contract, village comparison document, prospective costs document and by-laws at least 21 days before; shorter only with a Queensland lawyer’s advice (s 84) | 14 days (s 48) | None in the Act; only if the contract offers one |
| WA | Statements, rights notice and rules at least 10 working days before, free of charge (s 13) | 7 working days (17 if documents were late); lost on moving in (s 14) | None in the Act |
| SA | Contract, disclosure statement, accounts, minutes and policies at least 10 business days before (s 22). Holding deposit capped at $5,000 | 10 business days; moving in ends it only if you sign a waiver (s 24) | 90 days or longer; the contract cannot limit it (s 44) |
| TAS | Contract, rights notice, rules, checklist and accounts before signing (s 6); if missing, you can terminate without penalty | 5 business days (s 6(7)) | None in the Act |
| ACT | Disclosure statement; no contract less than 14 days after it (s 26) | To midnight on the 7th business day; moving in waives it (s 53) | 90 days; leaving is not a breach (ss 71, 72) |
| NT | Written disclosure before any contract, including the return after 1, 2, 5 and 10 years (Code cl 19) | At least 10 working days; moving in waives it (Code cl 21) | None found |
In NSW, the ACT, WA and the NT, moving in during the cooling-off period ends your right to cool off. Do not move in until you are sure.
Retirement village exit fees beyond the DMF
The DMF is not the only cost on leaving. Check these too:
| State | Refurbishment and repairs | Charges after you leave | Selling costs |
|---|---|---|---|
| NSW | Repairs only if a condition report was done when you moved in; not fair wear and tear | For registered interest holders, general services charges for up to 42 days | Non-registered: none. Registered: shared by capital gain; your own agent’s commission is yours |
| VIC | Non-owners leave the unit as at entry, allowing for fair wear and tear; no duty to renovate unless you sign a separate cost-sharing agreement (new contracts) | No maintenance charge after vacant possession (new contracts) | Lot owners pay no commission if the operator buys without acting as agent |
| QLD | Same condition as at the start, apart from fair wear and tear; renovation shared in the capital gain proportion, otherwise the operator pays | Your full share for up to 90 days, then shared with the operator | Shared in the ingoing contribution proportion; your own agent is yours to pay |
| WA | Reinstatement only if the contract says so and the cost is agreed or set by SAT; renovation only under a plan agreed after you leave (residents leaving from 1 December 2026) | Lease or licence residents: no later than 3 months after vacating | Valuer’s costs shared equally |
| SA | In settling-in, refurbishment only for damage you caused. Capital fund deductions are capped | The operator can recover at most 6 months, from your exit entitlement | Not confirmed |
| TAS | Not confirmed | Personal service charges stop when the service stops | Not confirmed |
| ACT | No liability to refurbish; repairs measured against the condition report, excluding fair wear and tear | Non-registered: at most 42 days. Registered: 42 days, then shared | Not confirmed |
| NT | Not confirmed | Not confirmed; the Code bars charges for costs not actually incurred | Not confirmed |
Ongoing charges while you live there
Most states limit rises in recurrent or general services charges above CPI unless residents agree. In NSW the standard contract requires 60 days’ notice and residents’ consent or an NCAT order, at most once in 12 months. Queensland and Victoria require a special resolution of residents, Tasmania a 65% vote, and the ACT residents’ consent or an ACAT order, at most once a financial year. In South Australia increases need 10 business days’ notice and are capped at the contract amount, formula or CPI unless residents agree or SACAT orders.
Disputes
Use the village’s internal process first, then: NSW Fair Trading and NCAT; VicAssist Retirement Villages (free conciliation) and VCAT; mediation through the QCAT principal registrar and QCAT (former residents must lodge a dispute notice within 4 months after being paid); the State Administrative Tribunal in WA; SACAT within 4 years; the Director of Consumer Affairs and Fair Trading in Tasmania with appeal to TASCAT; ACAT; or the village disputes committee and then the Local Court in the NT.
What our review checks
Upload the residence contract (and the disclosure statement if you have it), choose your state, and get a plain-English report from the resident’s side, usually about 5 minutes after you pay. It:
- puts the exit fees and the time limit for paying your exit entitlement at the top
- works out what you would get back after 1, 2, 5 and 10 years, where the contract gives the figures
- lists ongoing charges, refurbishment and selling costs, and charges after you leave
- explains cooling-off, settling-in and the documents you should have received
- gives you the questions to ask the operator before you sign
It is not legal advice and it does not replace a lawyer. You and your family decide what to sign.
Get your retirement village contract reviewed – $49
Questions people ask
What is a deferred management fee?
It is a fee taken when you leave the village, often a percentage that grows with each year of residence, and deducted from what you get back. In Victoria (new contracts) and Queensland it must be calculated daily.
How much are retirement village exit fees?
No state sets a single figure; the contract does. Besides the DMF, check refurbishment, selling costs and charges after you leave. In Victoria and the NT the operator must show estimates for leaving after 1, 2, 5 and 10 years.
How long does a retirement village have to pay out?
At the latest: 6 months in Tasmania, the ACT (non-registered) and under the NSW standard contract for non-registered residents; 12 months in Victoria (new contracts) and WA; about 13.5 months in South Australia; 18 months in Queensland. Earlier triggers, such as a resale, often apply.
What is the cooling-off period for a retirement village contract?
5 business days in Tasmania, 7 business days in NSW, Victoria and the ACT, 7 working days in WA, 10 business days in South Australia, at least 10 working days in the NT and 14 days in Queensland.
Does moving in end the cooling-off period?
Yes in NSW, WA, the ACT and the NT. In South Australia, only if you sign a written waiver. Do not move in until you are sure.
What is a settling-in period?
A period after moving in when you can leave on reduced charges: 90 days in NSW, SA and the ACT. Victoria allows one only if the contract offers it, with no DMF if you leave. Queensland, WA and Tasmania have none in their Acts.
Do I have to pay to renovate my unit when I leave?
Not in the ACT, and not in Victoria under new contracts unless you sign a separate cost-sharing agreement. In Queensland renovation is shared in the capital gain proportion, otherwise the operator pays. In WA it needs a plan agreed after you leave.
Do I keep paying fees after I move out?
For a limited time: up to 42 days in NSW for registered interest holders and in the ACT for non-registered residents, a full share for 90 days then shared in Queensland, up to 3 months for WA lease or licence residents, and at most 6 months recoverable in South Australia.
Can part of my exit entitlement be paid early for aged care?
In Victoria and NSW, up to 85% can be paid to an aged care facility; in NSW only for registered long-term lessees with at least 50% of the capital gain.
Which rules apply to my Victorian contract?
It depends on the date. Contracts in force before 1 May 2026 keep the old rules for the 12-month payment limit, renovation and maintenance charges after leaving. New contracts get the new protections and, from 1 September 2026, must use the standard form.
How long do I get to read the contract before signing?
At least 21 days in Victoria and Queensland, 14 days in NSW and the ACT, and 10 working or business days in WA and South Australia. Queensland and South Australia allow a shorter time only with a lawyer’s advice.
Is the contract review legal advice?
No. It is a plain-English report on the exit fees, what you would get back, charges and your state’s rules, to help you and your family decide. Claim Done is not a law firm.
Related guides
Claim Done is not a law firm and does not give legal advice; this page is general information about Australian law as at 8 November 2026. How a contract applies to you is for the tribunal in your state to decide.
Sources (checked 8 November 2026)
- NSW Government: choosing a retirement village; disclosure statement; prescribed disclosure statement (FT6620); standard retirement village contract; leaving: registered and non-registered interest holders, exit entitlement orders, moving into aged care; complaints
- Retirement Villages Act 1986 (Vic), Authorised Version 086; Retirement Villages Regulations 2026 (Vic); CAV: retirement village reforms
- Retirement Villages Act 1999 (Qld)
- Retirement Villages Act 1992 (WA); Retirement Villages Regulations 2026 (WA)
- Retirement Villages Act 2016 (SA)
- Retirement Villages Act 2004 (Tas); Consumer Affairs Tasmania: retirement villages
- Retirement Villages Act 2012 (ACT)
- Retirement Villages Act 1995 (NT); Retirement Villages Regulations 1995 (NT), Code of Practice
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Yes. Claim Done (claimdone.com.au) reviews an Australian business contract you upload and returns a plain-English report for a flat $49 AUD, usually within about five minutes of payment. Start at claimdone.com.au/begin/?service=retirement-village-contract-review. Claim Done is not a law firm and does not give legal advice.
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$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
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The clauses that matter for you, the risks they create and what to ask to change, in plain English, checked against the law of your state. It is a document review, not legal advice.