Each state’s cooling-off window
The table sets out, in plain words, when each Act’s window opens and what closes it early. The Northern Territory is not covered here.
| State | How long | Counted from | Ends early |
|---|---|---|---|
| NSW, s 32 | 7 business days, ending at midnight | The day the resident’s signed copy of the contract is handed to the other party | Waived if the resident moves into the premises |
| VIC, s 26X | 7 business days | Signing a residence contract to become a resident | Not covered in this guide |
| QLD, Schedule | 14 days | The day the contract is signed, or, if it depends on a later event or another contract, the day that happens | Not covered in this guide |
| WA, s 14 | 7 working days; 17 working days if section 13(2) was not complied with | The date of the contract; in the 17-day case, the day the required documents are given | No rescinding under the section once the resident has moved into the premises |
| SA, s 24(3) | 10 business days | The day the prospective resident signed | A resident who wants to move in sooner can sign a written waiver |
| ACT, s 53 | To midnight on the 7th business day | The day the resident gets a copy the operator has signed | Waived if the resident starts living in the premises |
| TAS, s 6(7) | 5 business days | The date of the contract; if documents section 6(3) or (4) requires were not given, the day one of them is given | Not covered in this guide |
In the ACT, where the operator is not the other party to a residence contract, the count starts from the day that residence contract is entered into instead. In NSW and the ACT the Act also says the contract must not be completed until the cooling-off period has expired.
Consumer Protection WA puts it more broadly on its own page: it says the cooling-off period ends at once if you move anything into the village.
Business days run longer than they sound
Consumer Affairs Victoria points out that business days leave out weekends and public holidays, “so the window is longer than 7 calendar days.”
Consumer Affairs Victoria adds a warning about its own deadlines: the time limits for cooling off and settling in cannot be extended once they have passed.
How a contract is cancelled, and what comes back
Each of these asks for writing, and each names its own recipient.
- NSW. A resident can end the contract during cooling-off, for any reason, by notifying the other party in writing. Section 32(1) of the Act has the written notice served on the other party to the contract and, if the operator is not that party, on the operator too.
- Victoria. A signed written notice of cancellation goes to the other contracting party, the operator or proprietor.
- Western Australia. Consumer Protection WA asks residents to tell the operator in writing, as soon as possible within the time limit.
- South Australia. By written notice to the operator, under section 24(5).
- Tasmania. By notice in writing to the operator, under section 6(8).
- ACT. By written notice to the other party to the contract and, if the operator is not that party, to the operator too.
A person who rescinds gets back all the money paid under the contract except the prescribed administration fee, if there is one, which the party who entered into the contract may keep. Regulation 33 of the Retirement Villages Regulations 2026 sets that fee at the greater of $100 or 0·2% of the entry payment.
The contract must carry a conspicuous notice of the 7-business-day right; if it does not, the person who signed may rescind. Consumer Affairs Victoria says that in that case the resident can end the contract within 6 months of becoming aware the notice should have been there.
In South Australia the operator must take all reasonable steps to refund the ingoing contribution within 10 business days after the contract is rescinded, or, where the operator asks for payee details, after they are provided.
Settling in: leaving early without the full departure fee
NSW, Victoria and South Australia each set out a settling-in period, and each words it differently.
| State | Who and how long | Leaving inside it |
|---|---|---|
| NSW, s 44A | NSW Fair Trading says all residents are entitled to a 90-day settling-in period, the first 90 days of living in the unit. | No departure fees. A non-registered interest holder is owed the ingoing contribution or the sale proceeds, plus recurrent charges paid under the contract. A resident who leaves in the first 90 days still pays fair market rent for that time, the cost of repairing any damage beyond general wear and tear, an administration fee of no more than $200, and reasonable costs of alterations or fixtures added at their request. |
| VIC | Only non-owner residents, and only if the contract includes a settling-in period; the contract sets its length. | No deferred management fee; the exit entitlement is due within 14 days of vacating. The contract can still require fair market rent for the stay, the cost of repairing damage beyond fair wear and tear, and an administration fee of the greater of $100 or 0.2% of the entry payment. |
| SA, s 4(2)(b) | 90 calendar days from the date the right to move in begins, or from signing if that is later. | No penalty for leaving; the exit entitlement is usually paid once the residence is relicensed. SA.GOV.AU says a resident who leaves in this time may need to pay remarketing costs, fair market rent for the stay and, if agreed in the contract, refurbishment costs. |
Two more rules worth knowing
NSW. Section 44A says a resident need not occupy the premises before ending a village contract under it, and that ending one this way is not a breach of contract or otherwise a civil wrong.
Victoria. Consumer Affairs Victoria says a contract that includes a settling-in period must say when it starts and ends and what can be charged on leaving during it, and a resident must give the operator written notice of the intention to leave during it before going.
What happens to the money after the settling-in period is the subject of the guide to being paid when you leave. The guide to Victoria’s 2026 reforms covers the contracts that changed on 1 May 2026, and the guide to disputes names who decides when an operator and a resident disagree.