Exemption from appointing a statutory supervisor

The process of applying for an exemption

When applying for an exemption, an operator must show us that the appointment of a statutory supervisor is unnecessary for the protection of residents' interests. We recommend obtaining professional advice if you are considering whether to seek an exemption.

Criteria for applying for an exemption

We consider the following criteria when deciding whether to grant an exemption.

  1. For an application for a village that is not yet in operation, that the intended manner of creation and operation of the village won't create any reasonably foreseeable risk to the interests of the residents.
  2. For an application for a village already in operation, that there are no current or reasonably foreseeable risks to the interests of the residents.
  3. For a village that has residents at the time of the application:
    • that all residents have been notified of the application for exemption, and have been informed that they may tell us of any risk to their interests.
    • the nature and extent of the control held by residents of the management of the village.
  4. That the residents aren't now or in the future exposed to risk from any debt or other financial liability of the village or operator.
  5. That it is undesirable to appoint a statutory supervisor because the interests of the residents could be detrimentally affected by the appointment of a statutory supervisor without an equivalent or greater benefit from an appointment.

Application for exemption checklist

If you are a retirement village operator, you can apply for an exemption by completing an application for exemption from requirement for statutory supervisor (Form RV5) and uploading it online. 

  • New retirement villages can apply for an exemption online when they apply to register as a retirement village.
  • Check the guidance pages included in Form RV5 for information about the key areas to address.
  • We may ask for more  information if it is needed to help the Registrar assess your application.

File formats for uploading documents

Any forms or supporting documents you upload must be:

  • clear and easily read
  • saved in PDF format, and
  • no larger than 20MB.

How to apply online

You will need:

  • a RealMe® login, and
  • confirmed authority with us to update the register for this retirement village.

If it is your first time updating details for a retirement village, you will be prompted for information to set up an online account with us.

For help check our guides

Step by step

  1. Log in using your RealMe login.
  2. Select Authorities from the menu.
  3. Choose your retirement village from the list.
  4. Select ‘Create Filing Service’.
  5. Choose ‘Application for Statutory Supervisor Exemption' for the type of service.
  6. Upload the documents, including:
    • Your completed application form, and
    • All necessary supporting documents
      (as outlined in the guidance notes on Form RV5). 
  7. Submit your application.
Update a retirement village

We will send you an email confirming that your application has been submitted. We will review your application and contact you if we have any questions or need any further information. We aim to complete our review within 20 working days.

If we accept your application, we will confirm that by email.  If we decline your application, we will email you and provide the reason for our decision.

You can check the status of your application by logging into the Retirement Villages Register. Choose the ‘Filing Services’ option to view any applications that are in progress. If your application status shows as ‘Draft’ you can edit or discard it by choosing the drop-down arrow alongside the filing service.

Check the status of an update

Exemption may be subject to terms and conditions

The Registrar will decide the terms and conditions of the exemption including the period of the exemption. If you still qualify when the current exemption expires, you may lodge another application for exemption. 

The Registrar may revoke or alter an exemption

The Retirement Villages Act 2003 provides that the Registrar may revoke an exemption, or vary its terms or conditions, if the Registrar is satisfied that:

  • the ground for the exemption no longer applies, or
  • the operator hasn't complied with its terms or conditions.

We will email you if your exemption is revoked or altered by the Registrar. To make sure you get updates, keep your retirement village’s contact details and your online account email address up to date. 

Last updated September 2025