Published by: Donna Rayner, Rosemary Southgate, Anita Courtney & Melanie Tan

Following the World Health Organisation’s declaration that COVID-19 is a global pandemic, the Australian Governor General also recently made a declaration under the Biosecurity Act 2015 (Cth) that a human biosecurity emergency exists in Australia. Unfortunately, COVID-19 cases in Australia continue to rise and this will present significant ongoing challenges to the retirement living industry for months to come.

Retirement living operators who fail to adequately manage the risk may face legal and/or regulatory action, and risk long-term reputational damage in a highly-charged socio-political climate.

As retirement villages are governed by their respective State or Territory retirement village legislation, operators should be aware that Federal Government directions relating to aged care do not apply to villages. Rather, operators will need to look to Federal Government directions that apply to the general public and any relevant State or Territory (as the case may be) government orders/directions. For example, all States and Territories have declared a state of emergency pursuant to their relevant Health Act.

If you do operate an aged care facility please see our recent COVID-19 Alerts from our Aged Care Team here.

Read more:

Retirement living and the COVID-19 pandemic: 10 legal tips for retirement living operators

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