Commonwealth Numbered Acts

COMMUNITY SERVICES AND HEALTH LEGISLATION AMENDMENT ACT (No. 2) 1989 No. 3 of 1990 - SECT 4

4. After section 10D of the Principal Act the following sections are inserted:
Charter of Residents' Rights and Responsibilities

"10DA. (1) The Minister may formulate a statement of the rights and
responsibilities of the residents of approved hostels.

"(2) The statement, which if approved by both Houses of the Parliament is to
be known as the Charter of Residents' Rights and Responsibilities in Approved
Hostels, is to set out the rights and responsibilities of residents in
relation to approved hostels as formulated by the Minister and regarded by the
Minister as appropriate for inclusion in the statement.

"(3) Without limiting the generality of subsection (2), the Charter may state
that the resident has:

   (a)  a right to be treated as an individual; and

   (b)  a right to personal independence; and

   (c)  a right to privacy; and

   (d)  a right of access to all documents relating to the resident; and

   (e)  a responsibility to respect the rights of others.

"(4) A copy of the statement is to be laid before each House of the Parliament
within 15 sitting days of that House after the statement is formulated and
takes effect only as provided by the following provisions of this section.

"(5) If:

   (a)  notice of a motion to amend the statement is given in either House of
        the Parliament within 15 sitting days after the statement has been
        laid before that House; and

   (b)  the statement, whether or not as amended, is subsequently approved by
        that House; and

   (c)  the other House approves the statement in the form approved by the
        first-mentioned House; the statement takes effect in the form so
        approved from the day on which that other House approves the statement
        in that form.

"(6) If no notice of a motion to amend the statement is given in the House of
Representatives or the Senate within 15 sitting days of the particular House
after the statement has been laid before that House, the statement takes
effect from the day immediately after that 15th sitting day or, where that day
differs in respect of each House, the later of those days. Agreement between
proprietor and resident

"10DB. (1) The Minister may formulate a common form of agreement that may be
entered into between an eligible organisation and an eligible person, being a
form of agreement relating to the accommodation and care of the person as a
resident of a hostel operated by the organisation.

"(2) A form of agreement formulated by the Minister must be consistent with
the statement formulated under section 10DA and may make provision in relation
to such matters as the Minister considers appropriate.

"(3) Without limiting the generality of subsection (2), a form of agreement so
formulated may make provision in relation to:

   (a)  fees and other charges to be imposed by the organisation in respect of
        the provision of accommodation and care in the hostel; and

   (b)  the services that are to be provided to the resident by the
        organisation; and

   (c)  the nature of the occupancy of the resident in the hostel and the
        circumstances (if any) in which that occupancy may be altered or
        terminated by the organisation; and

   (d)  participation of the resident in decision-making relating to care of
        residents and quality of life issues in the hostel; and

   (e)  the resolution of disputes (if any) between the resident and the
        organisation.

"(4) A form of agreement formulated by the Minister is to be laid before each
House of the Parliament within 15 sitting days of that House after it is
formulated and takes effect only as provided by the following provisions of
this section.

"(5) If:

   (a)  notice of a motion to amend the form of agreement is given in either
        House of the Parliament within 15 sitting days after it has been laid
        before that House; and

   (b)  the form of agreement, whether or not as amended, is subsequently
        approved by that House; and

   (c)  the other House approves it in the form approved by the
        first-mentioned House; the form of agreement takes effect in the form
        so approved from the day on which that other House approves it in that
        form.

"(6) If no notice of a motion to amend the form of agreement is given in the
House of Representatives or the Senate within 15 sitting days of the
particular House after it has been laid before that House, the form of
agreement takes effect from the day immediately after that 15th sitting day
or, where that day differs in respect of each House, the later of those
days.".