New South Wales Consolidated Regulations

PUBLIC HEALTH (GENERAL) REGULATION 2002 - REG 22

22 Sleeping rooms

(1) The occupier of premises must not allow any room or cubicle within the premises to be used for the purposes of sleeping accommodation unless:

(a) the room or cubicle has a floor area of 5.5 square metres or more for each person sleeping in it (in the case of long-term sleeping accommodation) or 2 square metres or more for each person sleeping in it (in any other case), or

(b) the room or cubicle has been exempted by the Minister under subclause (2) and complies with any conditions attached to the exemption, or

(c) the premises are private domestic premises.

Maximum penalty: 5 penalty units.

(2) The Minister may, by order in writing, exempt an occupier in relation to any room or cubicle from the requirements of subclause (1), either conditionally or unconditionally, if satisfied that the exemption will not result in any adverse effect on the health of persons sleeping in the room or cubicle.

(3) In this clause, a reference to long-term sleeping accommodation is a reference to accommodation that is in fact provided to the same person or persons for a period of more than 28 consecutive days, or that is the subject of an agreement for its provision to the same person or persons for a period of more than 28 consecutive days.