The code is voluntary and the only punishment for not upholding the standards espoused in the code is, after repeated breaches, to have the name of the organisation removed from the code.
The letter -
"Thank you for the opportunity to make comment re a 'Retirement Living Industry Code of Conduct'.
Although
admirable to some within the retirement living industry, an
aspirational code of conduct is no substitute for consumer
protections under law. If there is to be a code it should only be a
short, sharp commitment to operate lawfully, morally and ethically.
Only legislation and then regulators ready to enforce that law can
truly protect retirees. An industry ombudsman is of the greatest need
with fast, affordable, decisive enforcement of that law. Not even a
not-for-profit operator has been a guarantee of ethical or lawful
behaviour within the retirement living industry.
History
has recorded self regulation as a fail and although we may self
regulate with the best of intentions, the dark motivation to step
over the line of morality and legality comes from a basic human
weakness. A weakness to firstly protect or advantage oneself at the
cost of another, and secondly in many cases a weakness to protect or
advantage the organisation one serves at the cost of many. The
aspiration to a retirement living code will last as long as the
desire to advantage the resident is in the best interest of an
individual operator, when the opposite is true the code will often
most assuredly fail. Only the strength of the written law together
with a ready and simple path to justice, such as an industry
Ombudsman, will see the rights of residents truly protected and where
necessary redressed. Anything else is in my personal view simply a
mechanism to divert the eyes of the legislator away from the need to
legislate.
If
the objective of the code is to help elevate the currently held poor
community view of the industry, then the industry must join with
residents and their representative bodies and drive legislative
reforms that truly protect retirees. It is what is actually happening
to village residents that is driving down the reputation of the
industry. The community not just residents are shocked at the lack of
legality and morality in the operations of some, will the code truly
drive improved legality and morality amongst operators. Improved
legislative protections for residents however will generate greater
confidence in the industry, confidence in both those coming baby
boomers thinking of moving toward this sector and of course just as
importantly their family members. A new found confidence that could
propel the Australian industry closer to the penetration levels seen
overseas.
Good
operators are seeing the retirement living industry trashed by bad
operators, of all the times operators and retirees should share a
singular desire of a better industry it should be at this point in
time. A Retirement Living Industry Code of Conduct may give some
industry players a warm and fuzzy feeling, but it makes zero, zero
contribution to tangible protections for retirees. The industry, not
just residents, should be campaigning for an Ombudsman in every
state.
No
modern responsible industry should be afraid of the law nor be ready
to hide behind any weaknesses in it. If an industry has to write down
to remind itself to operate lawfully, morally and ethically then that
industry has already failed both their customers and the community
generally. To be a respected industry you don't aspire to ideals, you
live them.
Thank
you,"