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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RESIDENTIAL SERVICES
(ACCREDITATION) BILL 2002
Queensland
RESIDENTIAL SERVICES
(ACCREDITATION) BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 --Interpretation
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Meaning of "residential service". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Meaning of "resident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
6 Meaning of "service provider" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Application and object
7 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
PART 2--REGISTRATION
Division 1--Requirement to be registered
9 Requirement to be registered. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Division 2--Registration process
10 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Due day for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
12 Registration certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Registration remains in force unless cancelled . . . . . . . . . . . . . . . . . . . . . . . 18
14 More than 1 service provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 3--Cancellation of registration
15 Cancellation of registration by chief executive . . . . . . . . . . . . . . . . . . . . . . . 19
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Residential Services (Accreditation) Bill 2002
16 Service provider must return registration certificate . . . . . . . . . . . . . . . . . . . 20
Division 4--Suitability of service provider and associates
Subdivision 1--Preliminary
17 Application of div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Definitions for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
19 Who is an associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Subdivision 2--Bases for deciding suitability
20 Age . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
21 Qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
22 Financial matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
23 Criminal history. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Subdivision 3--Obtaining information about criminal history
24 Obtaining criminal history report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Use of criminal history information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
26 Person must be advised of information used. . . . . . . . . . . . . . . . . . . . . . . . . 23
27 Destruction of criminal history report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 5--Compliance with prescribed building requirements
28 Prescribed building requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
29 Notice of compliance with prescribed building requirements. . . . . . . . . . . . 24
30 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
31 Decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
32 Late decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 6--Fire safety requirements
33 Prescribed fire safety document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 3--ACCREDITATION
Division 1--Preliminary
34 Explanation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 2--Requirement for accreditation
35 Requirement to be accredited at level 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
36 Requirement to be accredited at level 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
37 Further application for level 2 accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 29
38 Requirement to be accredited at level 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
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Residential Services (Accreditation) Bill 2002
39 Further application for level 3 accreditation . . . . . . . . . . . . . . . . . . . . . . . . . 31
40 Contravening a condition of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Accreditation decisions
41 Meaning of "accreditation decision". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
42 Level 1 accreditation criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
43 Level 2 accreditation criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
44 Level 3 accreditation criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 4--Accreditation process
45 Self-assessment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
46 Extension of due day for applying for accreditation . . . . . . . . . . . . . . . . . . . 33
47 Applying for accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
48 Accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
49 Period of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Renewal of accreditation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
51 Extension of due day for applying for renewal . . . . . . . . . . . . . . . . . . . . . . . 38
52 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 5--Dealings with accreditation
53 Amendment of accreditation on application of service provider . . . . . . . . . 39
54 Amendment of accreditation by chief executive . . . . . . . . . . . . . . . . . . . . . . 39
55 Urgent amendment of accreditation by chief executive . . . . . . . . . . . . . . . . 40
56 When amendment of accreditation has effect . . . . . . . . . . . . . . . . . . . . . . . . 41
57 Cancellation of accreditation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Division 6--Dealing with accreditation certificate
58 Service provider must return accreditation certificate. . . . . . . . . . . . . . . . . . 42
59 Amendment of accreditation certificate to update details . . . . . . . . . . . . . . . 43
60 Replacement accreditation certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 4--CHANGES AFFECTING REGISTRATION OR
ACCREDITATION
Division 1--Change of service provider
61 Becoming a service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
62 Due day for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
63 Person stops being service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Residential Services (Accreditation) Bill 2002
Division 2--Change of registered premises
64 Change of registered premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
65 Due day for deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
66 Premises stop being registered premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 3--Other changes
67 Service provider stops conducting or providing a service. . . . . . . . . . . . . . . 47
68 Change of associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
69 Notice of other changes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 4--Death of service provider
70 Death of sole service provider. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
71 Dealings with registration or accreditation in first 30 days of the transitional
registration period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
72 Death of service provider if more than 1 service provider . . . . . . . . . . . . . . 50
Division 5--Notation of changes
73 Return of certificates for notation of change . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 5--OTHER MATTERS ABOUT CONDUCT OF
RESIDENTIAL SERVICE
Division 1--Fire safety management plan
74 Non-application to budget accommodation building . . . . . . . . . . . . . . . . . . 51
75 Requirement for plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
76 Maintenance, implementation and accessibility of plan . . . . . . . . . . . . . . . . 51
Division 2--Records
77 Service provider for registered service must keep records . . . . . . . . . . . . . . 52
78 Access to records about a resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
79 Confidentiality of records about a resident . . . . . . . . . . . . . . . . . . . . . . . . . . 53
80 Services that are no longer registered and persons who are no longer residents 54
Division 3--Other matters
81 Payment for movement of residents between premises. . . . . . . . . . . . . . . . . 54
82 Power of attorney . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
83 Display of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 6--APPOINTMENT OF ADMINISTRATOR
Division 1--Appointment
84 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
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Residential Services (Accreditation) Bill 2002
85 Application to tribunal and basis for appointment . . . . . . . . . . . . . . . . . . . . 55
86 Suitability and eligibility of proposed appointee . . . . . . . . . . . . . . . . . . . . . 56
87 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
88 Notice to service provider about appointment . . . . . . . . . . . . . . . . . . . . . . . 58
89 Informing residents about appointment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90 Period of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 2--Function and powers
91 Administrator's function . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
92 Administrator's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
93 Rental payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
94 Direction by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
95 Production of instrument of appointment for inspection. . . . . . . . . . . . . . . . 61
96 Obstruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 3--Other matters
97 Remuneration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
98 Service provider liable for remuneration and other costs . . . . . . . . . . . . . . . 62
99 Accounts and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
100 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
101 Service provider who can not be located. . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 7--ASSOCIATED ACCREDITATION OFFICERS
102 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
103 Function. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
104 Conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
PART 8--INVESTIGATION AND ENFORCEMENT
Division 1--Authorised officers
105 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
106 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
107 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 64
108 When authorised officer stops holding office . . . . . . . . . . . . . . . . . . . . . . . . 65
109 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
110 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
111 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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Residential Services (Accreditation) Bill 2002
112 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Powers of authorised officers
Subdivision 1--Entry of places
113 Power to enter places. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Subdivision 2--Procedure for entry
114 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
115 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
116 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
117 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
118 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Subdivision 3--Powers after entry
119 General powers after entering a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
120 Preserving privacy after entering private residence. . . . . . . . . . . . . . . . . . . . 72
121 Failure to help authorised officer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Subdivision 4--Power to seize evidence
122 Definition for sdiv 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Seizing evidence after entry without consent or warrant . . . . . . . . . . . . . . . 72
124 Seizing evidence after entry with consent or warrant . . . . . . . . . . . . . . . . . . 72
125 Securing seized thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
126 Tampering with seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
127 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
128 Receipts for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
129 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
130 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
131 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Subdivision 5--Power to obtain information
132 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
133 Power to require information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
134 Power to require production of documents . . . . . . . . . . . . . . . . . . . . . . . . . . 77
135 Failure to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 3--Miscellaneous
136 Self incrimination and warning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
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Residential Services (Accreditation) Bill 2002
137 Notice of damage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
138 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
139 Alteration of certificates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
140 False or misleading statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
141 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
142 Obstructing an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
143 Impersonation of an authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
PART 9--COMPLIANCE PROCESSES
Division 1--Injunctions
144 Grant of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
145 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
146 Court's powers for injunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
147 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
148 Undertaking as to costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
Division 2--Undertakings
149 Chief executive may seek undertaking after contravention. . . . . . . . . . . . . . 83
150 Effect of undertaking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
151 Variation and withdrawal of undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
152 Register of undertakings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
Division 3--Compliance notice
153 Compliance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
PART 10--REVIEWS AND APPEALS
Division 1--Reviewable decisions
154 Reviewable decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
155 Chief executive must give notice after making reviewable decision. . . . . . . 86
Division 2--Review of decision
156 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
157 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
158 Review decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
Division 3--Appeal against decision
159 Appeal against review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
160 Appeal is by way of rehearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
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161 Deciding the appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
162 Stay of operation of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
163 Effect of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
PART 11--PROCEEDINGS
Division 1--Evidence
164 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
165 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
166 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
167 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 2--Offence proceedings
168 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
169 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
170 False or misleading information or statements . . . . . . . . . . . . . . . . . . . . . . . 93
171 Responsibility for acts or omissions of representatives . . . . . . . . . . . . . . . . 93
172 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 94
PART 12--MISCELLANEOUS
Division 1--Reprisals
173 Reprisal and grounds for reprisals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
174 Offence for taking reprisal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
175 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 2--Reporting matters of concern to other entities
176 Reporting a matter relating to the accommodation Act. . . . . . . . . . . . . . . . . 96
177 Matters arising under other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
178 Corresponding laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 3--Other matters
179 Register of residential services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
180 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
181 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
182 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
183 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
184 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
9
Residential Services (Accreditation) Bill 2002
PART 13--TRANSITIONAL
Division 1--Preliminary
185 Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2--Registration of continuing services
186 Due day for applying for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
187 Requirement for continuing service to be registered. . . . . . . . . . . . . . . . . . . 101
188 Lapsing of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
189 Compliance with building and fire safety requirements . . . . . . . . . . . . . . . . 102
190 Registration on conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
191 Notice of refusal to register continuing service. . . . . . . . . . . . . . . . . . . . . . . 103
192 Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
Division 3--Accreditation of continuing services
193 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
194 Continuing service with no food service or personal care service . . . . . . . . 104
195 Continuing service with food service only . . . . . . . . . . . . . . . . . . . . . . . . . . 104
196 Continuing service with personal care service only . . . . . . . . . . . . . . . . . . . 104
197 Continuing service with food service and personal care service. . . . . . . . . . 105
198 Compliance with building and fire safety requirements . . . . . . . . . . . . . . . . 105
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 106
REVIEWABLE DECISIONS
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 108
DICTIONARY
2002
A BILL
FOR
An Act to regulate the conduct of residential services
s1 12 s4
Residential Services (Accreditation) Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Residential Services (Accreditation) Act 5
2002. 6
2 Commencement 7
This Act commences on a day to be fixed by proclamation. 8
Division 2 --Interpretation 9
3 Definitions 10
The dictionary in schedule 2 defines particular words used in this Act. 11
4 Meaning of "residential service" 12
(1) A service is a "residential service" if-- 13
(a) the main purpose of the service is to provide accommodation, in 14
return for the payment of rent, in 1 or more rooms; and 15
(b) the room or rooms are occupied, or available for occupation, in 16
the course of the service by at least 4 residents; and 17
(c) in the course of the service, each of the residents-- 18
(i) has a right to occupy 1 or more rooms; and 19
(ii) does not have a right to occupy the whole of the premises in 20
which the rooms are situated; and 21
(iii) does not occupy a self-contained unit; and 22
s4 13 s4
Residential Services (Accreditation) Bill 2002
(iv) shares other rooms, or facilities outside of the resident's 1
room, with 1 or more of the other residents. 2
3
Example for paragraph (c)--
4
A service conducted in a boarding house in which each of the residents
5
occupies a room and shares a bathroom, kitchen, dining room and common
6
room with the other residents.
(2) Also, a service is a "residential service" if-- 7
(a) subsection (1)(a) and (b) apply to the service; and 8
(b) in the course of the service, each of the residents-- 9
(i) has a right to occupy 1 or more rooms; and 10
(ii) does not have a right to occupy the whole of the premises in 11
which the rooms are situated; and 12
(iii) is provided with a food service or personal care service. 13
14
Example for paragraph (b)--
15
A service, providing rental accommodation to older persons, in which each
16
of the residents occupies a self-contained unit and is provided with a food
17
service or personal care service.
(3) Also, a service is a "residential service" if-- 18
(a) subsection (1)(a) and (b) apply to the service; and 19
(b) the service is prescribed under a regulation to be a residential 20
service. 21
(4) For subsection (1)(a), it is immaterial whether or not the rooms are in 22
the same premises. 23
(5) Despite subsections (1) to (3), the following services are not 24
residential services-- 25
(a) an aged care service conducted by an approved provider under 26
the Aged Care Act 1997 (Cwlth); 27
(b) an authorised mental health service under the Mental Health Act 28
2000; 29
(c) a service conducted in a hostel or nursing home under a licence 30
in force under the Health Act 1937, part 3, division 5;1 31
1 Health Act 1937, part 3 (Prevention, notification and treatment of disease or
disability), division 5 (Hostels and nursing homes)
s5 14 s5
Residential Services (Accreditation) Bill 2002
(d) a service conducted in a private hospital under a licence in force 1
under the Private Health Facilities Act 1999; 2
(e) a service conducted as part of, or under an agreement with, a 3
school or other educational institution mainly to provide 4
accommodation to students or employees of the school or 5
institution; 6
(f) a service conducted with financial assistance from the education 7
department mainly to provide accommodation to school students; 8
(g) a service conducted mainly to provide accommodation to holiday 9
makers, tourists or travellers; 10
11
Example--
12
Motel, bed and breakfast facility, backpackers' hostel.
(h) a service conducted in licensed premises under the Liquor Act 13
1992; 14
(i) a service to provide accommodation under the Supported 15
Accommodation Assistance Program; or 16
(j) a service conducted under funding given by, or in premises 17
owned by, Aboriginal Hostels Limited ACN 008 504 587; 18
(k) a service conducted-- 19
(i) by the disability services department; or 20
(ii) under a grant of financial assistance under the Disability 21
Services Act 1992; 22
(l) a service conducted by, or with financial assistance from, the 23
housing department or the Queensland Housing Commission; 24
(m) another service prescribed under a regulation not to be a 25
residential service. 26
5 Meaning of "resident" 27
A "resident" in a service is a person-- 28
(a) who, in the course of the service, occupies 1 or more rooms as 29
the person's only or main residence; and 30
(b) who is not-- 31
(i) the service provider; or 32
s6 15 s8
Residential Services (Accreditation) Bill 2002
(ii) a relative of the service provider; or 1
(iii) a person employed in the service by the service provider. 2
6 Meaning of "service provider" 3
The "service provider" for a service is-- 4
(a) for a residential service registered under this Act--the person 5
registered as the service provider for the service; or 6
(b) for a service that is not registered under this Act-- 7
(i) if the service is still being conducted--the person 8
conducting the service; or 9
(ii) if the service is no longer being conducted--the person who 10
was the service provider immediately before the service 11
stopped. 12
Division 3--Application and object 13
7 Act binds all persons 14
(1) This Act binds all persons including the State and, as far as the 15
legislative power of the Parliament permits, the Commonwealth and the 16
other States. 17
(2) Subsection (1) does not make the State, the Commonwealth or 18
another State liable for an offence. 19
8 Object 20
(1) The object of this Act is to regulate the conduct of residential services 21
to-- 22
(a) protect the health, safety and basic freedoms of residents; and 23
(b) encourage service providers to continually improve the way they 24
conduct residential services; and 25
(c) support fair trading in the residential service industry. 26
(2) The object is to be achieved mainly by-- 27
s9 16 s 10
Residential Services (Accreditation) Bill 2002
(a) establishing a registration system, under which a residential 1
service is registered only if-- 2
(i) the service provider and associates are suitable; and 3
(ii) the premises in which the service is conducted are safe and 4
otherwise suitable; and 5
(b) establishing an accreditation system, under which a residential 6
service is accredited to provide a type of service only if that 7
service is provided in a way that meets minimum standards. 8
PART 2--REGISTRATION 9
Division 1--Requirement to be registered 10
9 Requirement to be registered 11
(1) A person must not conduct a residential service in premises unless-- 12
(a) the service is registered under this part; and 13
(b) the person is registered as the service provider for the service; 14
and 15
(c) the premises are the registered premises for the service. 16
Maximum penalty--200 penalty units. 17
(2) An offence against subsection (1) is a continuing offence and may be 18
charged in 1 or more complaints for periods the offence continues. 19
Maximum penalty for each day the offence continues after a conviction 20
against subsection (1)--5 penalty units. 21
Division 2--Registration process 22
10 Application for registration 23
(1) A person proposing to conduct a residential service in premises may 24
apply to the chief executive for registration of the service. 25
s 11 17 s 11
Residential Services (Accreditation) Bill 2002
(2) The application must-- 1
(a) be in the approved form; and 2
(b) identify any associates of the applicant; and 3
(c) include a signed consent by the applicant and by each associate 4
to a criminal history check; and 5
(d) be accompanied by-- 6
(i) a building compliance notice for the premises issued within 7
the previous 12 months; and 8
(ii) the prescribed fire safety document for the premises; and 9
(e) be accompanied by the fee prescribed under a regulation. 10
(3) The applicant also must provide any other relevant information 11
reasonably required by the chief executive to decide the application. 12
(4) The chief executive must decide the application by registering the 13
service or refusing to register the service.2 14
(5) The chief executive must register the service if the application is 15
made under this section and the chief executive is satisfied the applicant 16
and each associate are suitable persons.3 17
11 Due day for deciding application 18
(1) The chief executive must decide an application made under 19
section 10 as soon as practicable and, in any case, by the due day. 20
(2) The due day for deciding the application is the sixtieth day after the 21
application is received by the chief executive, not including-- 22
(a) a day the chief executive asks for more information under 23
section 10(3); or 24
(b) the day the applicant complies with the request; or 25
(c) any days between the days mentioned in paragraphs (a) and (b). 26
(3) However, the due day may be extended by agreement between the 27
chief executive and the applicant. 28
2 See schedule 1 (Reviewable decisions).
3 See division 4 (Suitability of service provider and associates).
s 12 18 s 14
Residential Services (Accreditation) Bill 2002
(4) If the chief executive does not decide the application by the due day, 1
the chief executive is taken to have decided the application, on the day after 2
the due day, by refusing to register the service. 3
12 Registration certificate 4
(1) Immediately after registering a residential service, the chief 5
executive must give the service provider a registration certificate stating the 6
following-- 7
(a) the service provider's name; 8
(b) the address for the service of notices on the service provider; 9
(c) the address of the registered premises; 10
(d) the day of registration. 11
(2) If the service provider notifies the chief executive of a change in 12
information recorded in the registration certificate, the chief executive may 13
amend the registration certificate to record the correct information.4 14
13 Registration remains in force unless cancelled 15
The registration of a residential service remains in force unless it is 16
cancelled under this Act. 17
14 More than 1 service provider 18
(1) Two or more persons may be registered as the service providers for a 19
residential service. 20
(2) A reference in this Act to the service provider for a residential service 21
is, for a residential service with 2 or more service providers, a reference to 22
each of the service providers. 23
(3) Subsection (2) applies subject to a contrary intention in this Act. 24
4 See part 4 (Changes affecting registration or accreditation) for the process for
changing the service provider or registered premises.
s 15 19 s 15
Residential Services (Accreditation) Bill 2002
Division 3--Cancellation of registration 1
15 Cancellation of registration by chief executive 2
(1) The chief executive may cancel the registration of a residential 3
service at any time if the chief executive is satisfied-- 4
(a) the service provider or an associate of the service provider is not 5
a suitable person;5 or 6
(b) the registered premises do not comply with the prescribed 7
building requirements;6 or 8
(c) there is no fire safety management plan for the registered 9
premises;7 or 10
(d) the service is not being conducted and has not been conducted 11
for at least 3 months. 12
(2) Before cancelling the registration of a residential service, the chief 13
executive must give the service provider a notice (a "show cause notice") 14
stating-- 15
(a) that the chief executive proposes to cancel the registration; and 16
(b) the reasons for the proposed cancellation; and 17
(c) that the service provider may, within a stated time of at least 18
30 days, give the chief executive a written response stating why 19
the service provider considers the registration should not be 20
cancelled. 21
(3) After considering any response from the service provider within the 22
time stated in the show cause notice, the chief executive may, by notice 23
given to the service provider, cancel the registration.8 24
(4) The cancellation takes effect on the day stated in the notice given 25
under subsection (3), at least 14 days after that notice is given. 26
(5) If the chief executive decides not to cancel the registration, the chief 27
executive must give the service provider notice of the decision. 28
5 See division 4 (Suitability of service provider and associates).
6 See division 5 (Compliance with prescribed building requirements).
7 See division 6 (Fire safety requirements).
8 See schedule 1 (Reviewable decisions).
s 16 20 s 18
Residential Services (Accreditation) Bill 2002
(6) Also, the chief executive may cancel the registration of a residential 1
service if the service provider gives the chief executive a notice asking for 2
the cancellation, agreeing to the cancellation or surrendering the 3
registration.9 4
(7) Subsections (1) to (5) do not apply to cancellation under 5
subsection (6). 6
16 Service provider must return registration certificate 7
Within 14 days after the registration of a residential service is cancelled, 8
the service provider must return the registration certificate to the chief 9
executive. 10
Maximum penalty--50 penalty units. 11
Division 4--Suitability of service provider and associates 12
Subdivision 1--Preliminary 13
17 Application of div 4 14
This division applies to the chief executive in deciding if the service 15
provider for a residential service, or an associate of the service provider, is 16
a suitable person. 17
18 Definitions for div 4 18
In this division-- 19
"applicant" means-- 20
(a) an applicant for registration of a residential service; and 21
(b) an applicant to become the service provider for a residential 22
service that is already registered. 23
"service provider" includes an applicant. 24
9 See section 67 (Service provider stops conducting or providing a service).
s 19 21 s 22
Residential Services (Accreditation) Bill 2002
19 Who is an associate 1
(1) A person is an associate of a service provider if the person takes part 2
in the management of a residential service for the service provider. 3
4
Examples of associates of a service provider--
5
1. A person employed by the service provider to negotiate and enter agreements with
6
residents on the service provider's behalf and make house rules for the premises in
7
which the residential service is being conducted.
8
2. For a service provider that is a corporation, an executive officer of the corporation
9
who takes part in the management of a residential service for the service provider.
(2) A person is not an associate of a service provider merely because the 10
person collects rental payments or carries out caretaking duties for the 11
service provider. 12
(3) A person is an associate of a service provider who is an applicant if 13
the person proposes, on the granting of the relevant application, to take part 14
in the management of a residential service for the service provider. 15
Subdivision 2--Bases for deciding suitability 16
20 Age 17
A child is not a suitable person. 18
21 Qualifications 19
(1) An individual is not a suitable person if the individual does not have 20
the qualifications prescribed under a regulation. 21
(2) In this section-- 22
"qualifications" includes knowledge, skills and experience. 23
22 Financial matters 24
(1) An individual is not a suitable person if the individual is bankrupt or, 25
as a debtor, taking advantage of a law about bankrupt or insolvent debtors. 26
(2) A corporation is not a suitable person if the corporation-- 27
(a) has executed a deed of company arrangement under the 28
Corporations Act that has not yet terminated; or 29
s 23 22 s 24
Residential Services (Accreditation) Bill 2002
(b) is the subject of a winding-up (whether voluntarily or under a 1
court order) under that Act; or 2
(c) is the subject of an appointment of an administrator, liquidator, 3
receiver or receiver and manager under that Act. 4
23 Criminal history 5
(1) In deciding if a person is a suitable person, the chief executive may 6
have regard to the person's criminal history including, in particular, any 7
convictions of the person for an offence against a residential services Act or 8
a similar law of another jurisdiction. 9
(2) If an individual has been convicted within the previous 5 years of a 10
disqualifying offence, the chief executive must decide the individual is not 11
a suitable person unless the chief executive is satisfied it would be 12
reasonable to decide otherwise because of the exceptional circumstances of 13
the case. 14
(3) If an individual refuses a request by the chief executive for a signed 15
consent to a criminal history check of the individual, the chief executive 16
must decide the individual is not a suitable person. 17
Subdivision 3--Obtaining information about criminal history 18
24 Obtaining criminal history report 19
(1) This section applies to a person only if-- 20
(a) the person is registered as the service provider for a residential 21
service; or 22
(b) the person is an applicant; or 23
(c) the chief executive reasonably considers the person is an 24
associate of a service provider and the person has given the chief 25
executive a signed consent to a criminal history check. 26
(2) On receiving a written request from the chief executive, the 27
commissioner of the police service must give the chief executive a criminal 28
history report about the person. 29
(3) The report must be prepared from information in the commissioner's 30
possession or to which the commissioner has access. 31
s 25 23 s 27
Residential Services (Accreditation) Bill 2002
25 Use of criminal history information 1
(1) This section applies to the chief executive in considering information 2
in a criminal history report about a person obtained under section 24 or 3
given to the chief executive by a service provider. 4
(2) The information must not be used for any purpose other than 5
deciding whether the person is a suitable person for this Act. 6
(3) When making the decision, the chief executive must have regard to 7
the following matters about a conviction of a person for an offence-- 8
(a) when the offence was committed; 9
(b) the nature of the offence and its relevance to the decision; 10
(c) whether the person is a service provider or an associate. 11
26 Person must be advised of information used 12
(1) This section applies to a criminal history report about a person 13
obtained under section 24. 14
(2) Before using information in the report to decide whether the person 15
is a suitable person, the chief executive must-- 16
(a) disclose the information to the person; and 17
(b) allow the person a reasonable opportunity to make 18
representations to the chief executive about the information. 19
27 Destruction of criminal history report 20
(1) This section applies if the chief executive has obtained a criminal 21
history report about a person under section 24 and the decision has been 22
made about whether the person is a suitable person for this Act. 23
(2) The chief executive must destroy the report as soon as practicable 24
after the later of the following-- 25
(a) for a conviction mentioned in the report-- 26
(i) the end of the period to appeal against the conviction; or 27
(ii) the deciding or the ending of any appeal against the 28
conviction and any appeal from that appeal; 29
s 28 24 s 29
Residential Services (Accreditation) Bill 2002
(b) the end of the period under this Act for appealing against the 1
decision, about the residential service, to which the decision 2
about the person's suitability relates; 3
(c) the deciding, or other ending, of an appeal mentioned in 4
paragraph (b) and any appeal from that appeal. 5
Division 5--Compliance with prescribed building requirements 6
28 Prescribed building requirements 7
A regulation may provide for requirements (the "prescribed building 8
requirements"), for premises in which a residential service is being, or is 9
proposed to be, conducted, for ensuring the premises are safe and suitable 10
for use in providing accommodation in the course of the residential service. 11
29 Notice of compliance with prescribed building requirements 12
(1) A person conducting, or who proposes to conduct, a residential 13
service in premises may make written application to the local government 14
for the local government area in which the premises are situated for a 15
notice stating whether the premises comply with the prescribed building 16
requirements. 17
(2) The application must be-- 18
(a) in the form approved by the local government; and 19
(b) accompanied by any fee fixed under subsection (5). 20
(3) Within 20 business days after receiving the application, the local 21
government must-- 22
(a) decide if the premises comply with the prescribed building 23
requirements; and 24
(b) give the person notice of the decision. 25
(4) If the local government decides the premises do not comply with the 26
prescribed building requirements, the notice must state-- 27
(a) the reasons for the decision; and 28
(b) that the decision may be appealed to a tribunal under the 29
Integrated Planning Act 1997; and 30
s 30 25 s 32
Residential Services (Accreditation) Bill 2002
(c) that, if an appeal is made, the appeal must be made within 1
20 business days after the person receives the notice; and 2
(d) what must be done by the person to make the premises comply 3
with the prescribed building requirements. 4
(5) A local government may, by local law or resolution, fix a reasonable 5
fee for an application under this section. 6
30 Appeal 7
(1) This section applies to an application under section 29 if-- 8
(a) the local government decides the premises do not comply with 9
the prescribed building requirements; or 10
(b) the local government does not decide the application within 11
20 business days after receiving it (the "decision period"). 12
(2) The applicant may appeal to a tribunal under the Integrated Planning 13
Act 1997. 14
(3) The appeal must be started within 20 business days after-- 15
(a) notice of the decision is given to the person; or 16
(b) if the application is not decided, the last day of the decision 17
period. 18
31 Decision on appeal 19
(1) This section applies if a tribunal decides an appeal by-- 20
(a) changing the decision appealed against; or 21
(b) setting aside the decision appealed against and making a decision 22
replacing the decision set aside; or 23
(c) if section 30(1)(b) applies, deciding the application. 24
(2) The tribunal's decision is taken, for this Act other than this division, 25
to be the local government's decision. 26
32 Late decision 27
A decision on an application under section 29 is not invalid merely 28
because it is made, or notice of it is given, more than 20 business days after 29
the local government receives the application. 30
s 33 26 s 33
Residential Services (Accreditation) Bill 2002
Division 6--Fire safety requirements 1
33 Prescribed fire safety document 2
(1) This section states the prescribed fire safety document required for 3
any of the following applications relating to a residential service 4
conducted, or proposed to be conducted, in premises-- 5
(a) registration of the service; 6
(b) renewal of level 1 accreditation of the service; 7
(c) amendment of the registration of the service to show new 8
premises as the registered premises for the service.10 9
(2) If-- 10
(a) the premises are a budget accommodation building; and 11
(b) a development application for the building has been made; and 12
(c) a fire safety management plan was a mandatory requirement for 13
the application;11 and 14
(d) a decision notice for the application, stating that the application 15
is approved (whether or not subject to conditions), was issued 16
within the previous 12 months; 17
the prescribed fire safety document for the premises is a copy of the 18
decision notice. 19
(3) If subsection (2) does not apply to the premises, the prescribed fire 20
safety document for the premises is a fire safety management plan. 21
10 Also, for a residential service that was being conducted immediately before the
commencement of part 13 (Transitional), see section 198(b) (Compliance with
building and fire safety requirements).
11 See Building Act 1975, section 12Q (Development approval for building work for
budget accommodation buildings).
s 34 27 s 35
Residential Services (Accreditation) Bill 2002
PART 3--ACCREDITATION 1
Division 1--Preliminary 2
34 Explanation 3
(1) This part provides for the accreditation of residential services. 4
(2) There are 3 levels of accreditation. 5
(3) A residential service may be accredited at more than 1 level. 6
(4) The level or levels of accreditation required depend on the services 7
provided in the course of the residential service. 8
(5) Under this part-- 9
(a) all residential services are required to be accredited at level 1; 10
and 11
(b) a residential service is also required to be accredited at level 2 if 12
it includes the provision of a food service; and 13
(c) a residential service is also required to be accredited at level 3 if 14
it includes the provision of a personal care service. 15
Division 2--Requirement for accreditation 16
35 Requirement to be accredited at level 1 17
(1) The due day for applying for the level 1 accreditation of a residential 18
service (the "due day") is-- 19
(a) the day that is 6 months after the service is registered; or 20
(b) if an extension is granted under section 46,12 the due day stated in 21
the notice given under that section. 22
(2) The registration of a residential service is automatically cancelled on 23
the day following the due day unless, on the due day-- 24
(a) the service is accredited at level 1; or 25
12 Section 46 (Extension of due day for applying for accreditation)
s 36 28 s 36
Residential Services (Accreditation) Bill 2002
(b) there is a current application for the level 1 accreditation of the 1
service. 2
(3) After the due day, the registration of a residential service is 3
automatically cancelled if-- 4
(a) the level 1 accreditation of the service ends; or 5
(b) an application for level 1 accreditation is withdrawn or lapses. 6
(4) If the registration of a residential service is cancelled under 7
subsection (2) or (3), the chief executive must give notice of the 8
cancellation to the service provider. 9
(5) If, after the due day, an application for the level 1 accreditation of a 10
residential service is refused, the registration of the service is cancelled on 11
the day stated in the notice given under section 47(6). 12
36 Requirement to be accredited at level 2 13
(1) The due day for applying for the level 2 accreditation of a residential 14
service (the "due day") is-- 15
(a) the day that is 6 months after the service provider starts providing 16
a food service in the course of the residential service; or 17
(b) if an extension is granted under section 46,13 the due day stated in 18
the notice given under that section. 19
(2) For subsection (1)(a), a food service is taken to continue during any 20
break in the service of less than 30 days. 21
22
Example--
23
A service provider starts providing a food service on 1 January, stops providing the
24
food service on 15 January and resumes providing the food service on 1 February. The
25
food service is taken to have continued since 1 January, so the due day is 1 July.
(3) After the due day, a service provider must not provide a food service 26
in the course of conducting a residential service unless the residential 27
service is accredited at level 2. 28
Maximum penalty--200 penalty units. 29
(4) However, if an application for the level 2 accreditation of a 30
residential service is current on the due day, subsection (3) does not apply 31
to the service until-- 32
13 Section 46 (Extension of due day for applying for accreditation)
s 37 29 s 37
Residential Services (Accreditation) Bill 2002
(a) if the application is withdrawn or lapses--the day of the 1
withdrawal or lapse; or 2
(b) if the chief executive decides the application by accrediting the 3
service--the day the service is accredited; or 4
(c) if the chief executive decides the application by refusing to 5
accredit the service--the day stated in the notice given under 6
section 47(6). 7
(5) An offence against subsection (3) is a continuing offence and may be 8
charged in 1 or more complaints for periods the offence continues. 9
Maximum penalty for each day the offence continues after a conviction 10
against subsection (3)--5 penalty units. 11
37 Further application for level 2 accreditation 12
(1) This section applies if-- 13
(a) a service provider starts providing a food service in the course of 14
conducting a residential service; and 15
(b) the service provider applies for the level 2 accreditation of the 16
residential service; and 17
(c) the application-- 18
(i) is refused; or 19
(ii) is withdrawn or lapses after the due day under section 36; 20
and 21
(d) the service provider stops providing the food service. 22
(2) The service provider may start again providing a food service, in the 23
course of conducting the residential service, for the purpose of a further 24
application for the level 2 accreditation of the residential service. 25
(3) However, the service provider must not start again providing a food 26
service in the course of conducting the residential service until at least 27
6 months after the day the service provider stopped providing the food 28
service mentioned in subsection (1). 29
Maximum penalty--200 penalty units. 30
(4) An offence against subsection (3) is a continuing offence and may be 31
charged in 1 or more complaints for periods the offence continues. 32
s 38 30 s 38
Residential Services (Accreditation) Bill 2002
Maximum penalty for each day the offence continues after a conviction 1
against subsection (3)--5 penalty units. 2
38 Requirement to be accredited at level 3 3
(1) The due day for applying for the level 3 accreditation of a residential 4
service (the "due day") is-- 5
(a) the day that is 6 months after the service provider starts providing 6
a personal care service in the course of the residential service; or 7
(b) if an extension is granted under section 46,14 the due day stated in 8
the notice given under that section. 9
(2) For subsection (1)(a), a personal care service is taken to continue 10
during any break in the service of less than 30 days. 11
12
Example--
13
A service provider starts providing a personal care service on 1 January, stops
14
providing the personal care service on 15 January and resumes providing the personal
15
care service on 1 February. The personal care service is taken to have continued since
16
1 January, so the due day is 1 July.
(3) After the due day, a service provider must not provide a personal care 17
service in the course of conducting a residential service unless the 18
residential service is accredited at level 3. 19
Maximum penalty--200 penalty units. 20
(4) However, if an application for the level 3 accreditation of a 21
residential service is current on the due day, subsection (3) does not apply 22
to the service until-- 23
(a) if the application is withdrawn or lapses--the day of the 24
withdrawal or lapse; or 25
(b) if the chief executive decides the application by accrediting the 26
service--the day the service is accredited; or 27
(c) if the chief executive decides the application by refusing to 28
accredit the service--the day stated in the notice given under 29
section 47(6). 30
(5) An offence against subsection (3) is a continuing offence and may be 31
charged in 1 or more complaints for periods the offence continues. 32
14 Section 46 (Extension of due day for applying for accreditation)
s 39 31 s 40
Residential Services (Accreditation) Bill 2002
Maximum penalty for each day the offence continues after a conviction 1
against subsection (3)--5 penalty units. 2
39 Further application for level 3 accreditation 3
(1) This section applies if-- 4
(a) a service provider starts providing a personal care service in the 5
course of conducting a residential service; and 6
(b) the service provider applies for the level 3 accreditation of the 7
residential service; and 8
(c) the application-- 9
(i) is refused; or 10
(ii) is withdrawn or lapses after the due day under section 38; 11
and 12
(d) the service provider stops providing the personal care service. 13
(2) The service provider may start again providing a personal care 14
service, in the course of conducting the residential service, for the purpose 15
of a further application for the level 3 accreditation of the residential 16
service. 17
(3) However, the service provider must not start again providing a 18
personal care service in the course of conducting the residential service 19
until at least 6 months after the day the service provider stopped providing 20
the personal care service mentioned in subsection (1). 21
Maximum penalty--200 penalty units. 22
(4) An offence against subsection (3) is a continuing offence and may be 23
charged in 1 or more complaints for periods the offence continues. 24
Maximum penalty for each day the offence continues after a conviction 25
against subsection (3)--5 penalty units. 26
40 Contravening a condition of accreditation 27
The service provider for an accredited service must not contravene a 28
condition of the accreditation. 29
Maximum penalty--100 penalty units. 30
s 41 32 s 43
Residential Services (Accreditation) Bill 2002
Division 3--Accreditation decisions 1
41 Meaning of "accreditation decision" 2
The chief executive is making an "accreditation decision", at a stated 3
level, about a residential service if the chief executive is deciding-- 4
(a) whether to accredit the service at that level and, if so, for what 5
period; or 6
(b) the conditions that are to apply to the accreditation of the service 7
at that level; or 8
(c) whether to renew, cancel or amend the accreditation of the 9
service at that level. 10
42 Level 1 accreditation criteria 11
When making a level 1 accreditation decision for a residential service, 12
the chief executive must have regard to the following matters-- 13
(a) the extent to which the service provider recognises and observes 14
the rights of each resident; 15
(b) the standard of the registered premises and facilities in the 16
registered premises; 17
(c) the way the service is managed and otherwise conducted by staff 18
of the service; 19
(d) a matter, relevant to a consideration of a matter mentioned in 20
paragraphs (a) to (c), provided for under a regulation. 21
43 Level 2 accreditation criteria 22
When making a level 2 accreditation decision for a residential service, 23
the chief executive must have regard to the following matters concerning 24
the food service provided in the course of the residential service-- 25
(a) the quantity, quality, variety and nutritional value of the food 26
provided; 27
(b) the preparation, delivery, service and storage of the food; 28
(c) a matter, relevant to a consideration of a matter mentioned in 29
paragraph (a) or (b), provided for under a regulation. 30
s 44 33 s 46
Residential Services (Accreditation) Bill 2002
44 Level 3 accreditation criteria 1
When making a level 3 accreditation decision for a residential service, 2
the chief executive must have regard to the following matters concerning 3
the personal care service provided in the course of the residential service-- 4
(a) the extent to which the service provider provides the personal 5
care service in a way that meets the individual needs of the 6
residents to whom the service is provided, protects their interests 7
and maintains and enhances their quality of life generally; 8
(b) the suitability of the staff members providing the personal care 9
service; 10
(c) a matter, relevant to a consideration of a matter mentioned in 11
paragraph (a) or (b), provided for under a regulation. 12
Division 4--Accreditation process 13
45 Self-assessment 14
Before applying for accreditation of a residential service at a particular 15
level, the service provider must-- 16
(a) obtain, from the chief executive, the self-assessment material 17
relevant to accreditation at that level; and 18
(b) start providing the accommodation, food service or personal care 19
service to which the accreditation relates (the "accreditation 20
service"); and15 21
(c) using the self-assessment material, assess the way the 22
accreditation service is being provided against the accreditation 23
criteria for that level. 24
46 Extension of due day for applying for accreditation 25
(1) Division 2 states the due day for an application for accreditation 26
according to the level of accreditation sought. 27
15 Under this part, the service provider may provide the accreditation service, without
having applied for accreditation, until the due day for making the application.
s 47 34 s 47
Residential Services (Accreditation) Bill 2002
(2) At a service provider's request made before the due day, the chief 1
executive may give the service provider a notice extending, or further 2
extending, the due day. 3
(3) In deciding whether to extend the due day for an application for 4
accreditation, the chief executive must have regard to-- 5
(a) the extent of the service provider's preparations for making the 6
application; and 7
(b) the extent to which the service provider has improved the service 8
to which the accreditation relates; and 9
(c) any other relevant matter. 10
47 Applying for accreditation 11
(1) After complying with section 45, a service provider may apply to the 12
chief executive for accreditation of the residential service. 13
(2) The application must-- 14
(a) be in the approved form; and 15
(b) state the level or levels at which accreditation is sought; and 16
(c) be signed by the service provider; and 17
(d) be accompanied by the fee prescribed under a regulation. 18
(3) The service provider also must provide any other relevant 19
information reasonably required by the chief executive to decide the 20
application. 21
(4) The chief executive must decide the application, in relation to each 22
level at which accreditation is sought, by accrediting the service at that 23
level for a stated period or refusing to accredit the service at that level.16 24
(5) The chief executive may grant accreditation on conditions the chief 25
executive considers appropriate, including, for example, a condition 26
requiring-- 27
(a) that the service provider prepare, and give to the chief executive 28
within a stated time of not less than 30 days, a quality 29
improvement plan dealing with stated aspects of the residential 30
service; or 31
16 See schedule 1 (Reviewable decisions).
s 48 35 s 48
Residential Services (Accreditation) Bill 2002
(b) that the service provider complete a stated training program 1
within a stated time; or 2
(c) that the service provider ensure that a stated associate of the 3
service provider completes a stated training program within a 4
stated time; or 5
(d) that the service provider take, or refrain from taking, stated 6
actions in the provision of the services to which the accreditation 7
relates; or 8
(e) that the service provider ensure that a stated associate of the 9
service provider takes, or refrains from taking, stated actions in 10
the provision of the services to which the accreditation relates.17 11
(6) If the chief executive decides the application by refusing to accredit 12
the residential service, the chief executive must give the service provider a 13
notice of the decision stating the day, not earlier than 7 days after the notice 14
is given, by which the service provider must-- 15
(a) for an application for accreditation at level 1--stop conducting 16
the residential service; or 17
(b) for an application for accreditation at level 2--stop providing the 18
food service; or 19
(c) for an application for accreditation at level 3--stop providing the 20
personal care service. 21
(7) In this section-- 22
"quality improvement plan", for a residential service, means a plan, 23
containing steps to be taken over the period for which the service is 24
currently accredited, for improving particular aspects of the service. 25
48 Accreditation certificate 26
(1) If the chief executive accredits a residential service at level 1, the 27
chief executive must give the service provider an accreditation certificate 28
stating the following-- 29
(a) the service provider's name; 30
(b) the address of the registered premises; 31
17 See schedule 1 (Reviewable decisions).
s 49 36 s 50
Residential Services (Accreditation) Bill 2002
(c) that the service is accredited at level 1 and, if the service is also 1
accredited at level 2 or 3, that the service is accredited at that 2
level; 3
(d) for each level at which the service is accredited-- 4
(i) any conditions on which the accreditation is given; and 5
(ii) the day of accreditation; and 6
(iii) the day on which the accreditation is due to expire. 7
(2) If, after a residential service is accredited at level 1, the chief 8
executive accredits the service at level 2 or 3, the chief executive must 9
amend the accreditation certificate so that it states the matters mentioned in 10
subsection (1)(c) and (d) for the new level of accreditation. 11
(3) If the level 2 or 3 accreditation of a residential service is cancelled, 12
the chief executive must amend the accreditation certificate so that it no 13
longer states that the service is accredited at that level. 14
(4) The chief executive may replace an accreditation certificate rather 15
than amending it under subsection (2) or (3). 16
49 Period of accreditation 17
(1) The accreditation of a residential service has effect for the period, not 18
longer than 3 years, stated in the accreditation certificate. 19
(2) When deciding the period for which to accredit a residential service 20
at level 2 or 3, the chief executive may have regard to the due day for expiry 21
of another level at which the service is accredited. 22
23
Example--
24
A residential service is accredited at level 1. If the chief executive subsequently
25
accredits the service at level 2, the chief executive may consider it most appropriate that
26
the level 2 accreditation be given for a period ending on the same day as the level 1
27
accreditation is due to expire.
(3) Subsection (2) does not limit division 3.18 28
50 Renewal of accreditation 29
(1) The service provider for an accredited service may apply to the chief 30
executive for renewal of the accreditation. 31
18 Division 3 (Accreditation decisions)
s 50 37 s 50
Residential Services (Accreditation) Bill 2002
(2) The application must be made before the day the accreditation is due 1
to expire (the "expiry day") but may not be made more than 3 months 2
before the expiry day. 3
(3) The application must be-- 4
(a) in the approved form; and 5
(b) signed by the service provider; and 6
(c) for an application for renewal of level 1 accreditation, 7
accompanied by-- 8
(i) a building compliance notice for the registered premises 9
issued within the previous 12 months; and 10
(ii) the prescribed fire safety document for the registered 11
premises; and 12
(d) accompanied by the fee prescribed under a regulation. 13
(4) The service provider also must provide any other relevant 14
information reasonably required by the chief executive to decide the 15
application. 16
(5) The chief executive must decide the application by renewing the 17
accreditation or refusing to renew the accreditation.19 18
(6) The accreditation may be renewed for a period ending not later than 19
3 years after the expiry day. 20
(7) If the application is still current on the expiry day, the accreditation 21
does not end before the application is decided, or is withdrawn or lapses. 22
(8) If the chief executive decides the application by refusing to renew the 23
accreditation-- 24
(a) the chief executive must give the service provider a notice of the 25
decision stating the day, not before the expiry day and not earlier 26
than 7 days after the notice is given, on which the accreditation 27
ends; and 28
(b) the accreditation continues in force until the stated day. 29
19 See schedule 1 (Reviewable decisions).
s 51 38 s 52
Residential Services (Accreditation) Bill 2002
51 Extension of due day for applying for renewal 1
(1) The service provider for an accredited service may ask the chief 2
executive to extend the period of accreditation to enable the service 3
provider to apply under section 50 for renewal of the accreditation. 4
(2) The request may be made, and the chief executive may grant the 5
extension, only on or before the day the accreditation is due to expire. 6
(3) The chief executive may give the service provider a notice extending, 7
or further extending, the period of accreditation if the chief executive 8
considers it would be reasonable in all the circumstances.20 9
10
Example--
11
The service provider for an accredited service has prepared the material for an
12
application for renewal of the accreditation, other than a building compliance notice.
13
The service provider has applied for a notice under section 29 but the local government
14
has decided the registered premises do not comply with the prescribed building
15
requirements. The chief executive may extend the period of accreditation for the period
16
necessary for an appeal under section 30 to be made and decided.
(4) The accreditation of a residential service continues to have effect 17
during the period of any extension granted under this section. 18
52 Lapsing of application 19
(1) This section applies if an application for accreditation, or renewal of 20
accreditation, is made under this part. 21
(2) The chief executive may make a requirement under section 47(3) 22
or 50(4), for information to decide the application, by giving the service 23
provider a notice stating-- 24
(a) the required information; and 25
(b) the time by which the information must be given to the chief 26
executive; and 27
(c) that, if the information is not given to the chief executive by the 28
stated time, the application will lapse. 29
(3) The time stated must be reasonable and, in any case, at least 14 days 30
after the requirement is made. 31
20 See schedule 1 (Reviewable decisions).
s 53 39 s 54
Residential Services (Accreditation) Bill 2002
(4) The chief executive may give the service provider a further notice 1
extending the stated time if the chief executive is satisfied it would be 2
reasonable in all the circumstances to give the extension. 3
(5) If the service provider does not comply with the requirement within 4
the stated time, or any extension, the application lapses. 5
Division 5--Dealings with accreditation 6
53 Amendment of accreditation on application of service provider 7
(1) The service provider for a residential service that is accredited at a 8
particular level may apply to the chief executive for an amendment of the 9
accreditation at that level. 10
(2) The application must be in the approved form and accompanied by 11
any fee prescribed under a regulation. 12
(3) The chief executive must decide the application by-- 13
(a) amending the accreditation in the way applied for; or 14
(b) with the applicant's written agreement, amending the 15
accreditation in another way; or 16
(c) refusing to amend the accreditation.21 17
54 Amendment of accreditation by chief executive 18
(1) The chief executive may amend the accreditation of a residential 19
service at any time, without receiving an application from the service 20
provider for the amendment, if the chief executive is satisfied-- 21
(a) the accreditation was obtained because of incorrect or misleading 22
information and, based on the correct information, the chief 23
executive would grant the accreditation in the amended form; or 24
(b) the service provider has contravened a residential services Act, or 25
an undertaking given by the service provider under part 9, 26
division 2, in a way, or to an extent, that justifies the amendment; 27
or 28
21 See schedule 1 (Reviewable decisions).
s 55 40 s 55
Residential Services (Accreditation) Bill 2002
(c) the amendment is appropriate having regard to a change 1
involving the service provider, an associate of the service 2
provider or the registered premises; or 3
(d) for another reason, having regard to the accreditation criteria, the 4
accreditation should be amended. 5
(2) The chief executive must first give the service provider a notice 6
("show cause notice") stating-- 7
(a) that the chief executive proposes to amend the accreditation; and 8
(b) the proposed amendment; and 9
(c) the reasons for the proposed amendment; and 10
(d) that the service provider may, within a stated time of at least 11
28 days, give the chief executive a written response to the 12
proposed amendment. 13
(3) After considering any response from the service provider within the 14
time stated in the show cause notice, the chief executive may make some or 15
all of the proposed amendment.22 16
(4) If the chief executive decides not to amend the accreditation, the 17
chief executive must give the service provider a notice of the decision. 18
(5) At the service provider's written request, or with the service 19
provider's written agreement, the chief executive may-- 20
(a) amend an accreditation without giving a show cause notice; or 21
(b) amend an accreditation in a way that has not been stated in a 22
show cause notice; or 23
(c) amend an accreditation before the expiration of the time stated in 24
a show cause notice for the service provider's response to the 25
proposed amendment. 26
55 Urgent amendment of accreditation by chief executive 27
(1) This section applies if the chief executive is reasonably satisfied, in 28
the interests of the wellbeing and safety of residents in an accredited 29
service, it is necessary to immediately amend the accreditation. 30
22 See schedule 1 (Reviewable decisions).
s 56 41 s 57
Residential Services (Accreditation) Bill 2002
(2) The chief executive may, by notice given to the service provider, 1
immediately amend the accreditation without complying with section 54.23 2
(3) The notice must state the reasons for the amendment. 3
(4) The amendment has effect for the period, not more than 90 days, 4
stated in the notice. 5
56 When amendment of accreditation has effect 6
An amendment of the accreditation of a residential service has effect 7
when the chief executive gives notice of the amendment to the service 8
provider or at any later time stated in the notice. 9
57 Cancellation of accreditation 10
(1) The chief executive may cancel the accreditation of a residential 11
service at any time if the chief executive is satisfied-- 12
(a) the accreditation was obtained because of incorrect or misleading 13
information and, based on the correct information, the chief 14
executive would not grant the accreditation; or 15
(b) the service provider has contravened a residential services Act, or 16
an undertaking given by the service provider under part 9, 17
division 2, in a way, or to an extent, that justifies the cancellation; 18
or 19
(c) the cancellation is appropriate having regard to a change 20
involving the service provider, an associate of the service 21
provider or the registered premises; or 22
(d) for level 2 or 3 accreditation--the service provider has stopped 23
providing the service to which the accreditation relates and it is 24
at least 1 month since the day of cessation; or 25
(e) for another reason, having regard to the accreditation criteria, the 26
accreditation should be cancelled. 27
(2) The chief executive must first give the service provider a notice (a 28
"show cause notice") stating-- 29
(a) that the chief executive proposes to cancel the accreditation; and 30
23 See schedule 1 (Reviewable decisions).
s 58 42 s 58
Residential Services (Accreditation) Bill 2002
(b) the reasons for the proposed cancellation; and 1
(c) that the service provider may, within a stated time of at least 2
28 days, give the chief executive a written response stating why 3
the service provider considers the accreditation should not be 4
cancelled. 5
(3) After considering any response from the service provider within the 6
time stated in the show cause notice, the chief executive may, by notice 7
given to the service provider, cancel the accreditation.24 8
(4) The cancellation takes effect on the day stated in the notice given 9
under subsection (3). 10
(5) The stated day of cancellation must be at least 14 days after the 11
notice is given. 12
(6) If the chief executive decides not to cancel the accreditation, the 13
chief executive must give the service provider notice of the decision. 14
(7) At the service provider's written request, or with the service 15
provider's written agreement, the chief executive may cancel the 16
accreditation of a residential service without complying with 17
subsections (1) to (5). 18
Division 6--Dealing with accreditation certificate 19
58 Service provider must return accreditation certificate 20
(1) If the accreditation of a residential service is amended, the service 21
provider must, on receiving a written request from the chief executive, 22
return the accreditation certificate to the chief executive for notation of the 23
amendment. 24
Maximum penalty--5 penalty units. 25
(2) Within 14 days after the accreditation of a residential service is 26
cancelled, the service provider must return the accreditation certificate to 27
the chief executive. 28
Maximum penalty--20 penalty units. 29
24 See schedule 1 (Reviewable decisions).
s 59 43 s 61
Residential Services (Accreditation) Bill 2002
59 Amendment of accreditation certificate to update details 1
If the service provider for an accredited service notifies the chief 2
executive of a change in any of the information stated on the accreditation 3
certificate, the chief executive may amend the accreditation certificate to 4
correct the information. 5
60 Replacement accreditation certificate 6
(1) The service provider for an accredited service may apply to the chief 7
executive for a replacement accreditation certificate. 8
(2) The application must be in the approved form and accompanied by 9
any fee prescribed under a regulation. 10
(3) The chief executive must grant the application if the chief executive 11
is satisfied the accreditation certificate has been lost, stolen or destroyed, or 12
damaged in a way or to an extent to require its replacement.25 13
PART 4--CHANGES AFFECTING REGISTRATION OR 14
ACCREDITATION 15
Division 1--Change of service provider 16
61 Becoming a service provider 17
(1) A person may apply to the chief executive to be registered as the 18
service provider for a registered service. 19
(2) The application must-- 20
(a) be in the approved form; and 21
(b) state whether the applicant proposes to become the service 22
provider as well as, or instead of, the current service provider; 23
and 24
(c) identify any associates of the applicant; and 25
25 See schedule 1 (Reviewable decisions).
s 62 44 s 62
Residential Services (Accreditation) Bill 2002
(d) include a signed consent by the applicant and by each associate 1
to a criminal history check; and 2
(e) be signed by the applicant and by the current service provider; 3
and 4
(f) be accompanied by the fee prescribed under a regulation. 5
(3) The applicant also must provide any other relevant information 6
reasonably required by the chief executive to decide the application. 7
(4) The chief executive must decide the application by registering, or 8
refusing to register, the applicant as the service provider for the registered 9
service.26 10
(5) The chief executive must register the applicant as the service 11
provider if the chief executive is satisfied the applicant and each associate 12
are suitable persons.27 13
(6) If the chief executive decides the application by registering the 14
applicant as the service provider, the chief executive must give the 15
applicant a notice of the decision, stating the day on which the registration 16
has effect. 17
(7) If the applicant and the current service provider have requested that 18
the registration take effect on a stated day not later than 3 months after the 19
application is made, and the application has been decided by that day, the 20
notice under subsection (6) must state that day as the day on which the 21
registration has effect. 22
62 Due day for deciding application 23
(1) The chief executive must decide an application made under 24
section 61 as soon as practicable and, in any case, by the due day. 25
(2) The due day for deciding the application is the thirtieth day after the 26
application is made, not including-- 27
(a) a day the chief executive asks for more information under 28
section 61(3); or 29
(b) the day the applicant complies with the request; or 30
(c) any days between the days mentioned in paragraphs (a) and (b). 31
26 See schedule 1 (Reviewable decisions).
27 See part 2 (Registration), division 4 (Suitability of service provider and associates).
s 63 45 s 64
Residential Services (Accreditation) Bill 2002
(3) However, the due day may be extended by agreement between the 1
chief executive and the applicant. 2
(4) If the chief executive does not decide the application by the due day, 3
the chief executive is taken to have decided the application, on the day after 4
the due day, by refusing to register the applicant as the service provider for 5
the registered service. 6
63 Person stops being service provider 7
While a residential service remains registered, a person may stop being 8
the service provider for the service-- 9
(a) by way of an application under section 61 by someone else to 10
become the service provider instead of the person; or 11
(b) if the person is not the only service provider for the service and 12
there will continue to be a service provider for the service after 13
the person stops being a service provider for the service--by 14
giving notice to the chief executive stating a day, not earlier than 15
7 days after the notice is given, on which the cessation is to have 16
effect. 17
Division 2--Change of registered premises 18
64 Change of registered premises 19
(1) If the service provider for a registered service proposes to conduct 20
the service in premises other than the registered premises, the service 21
provider may apply to the chief executive for an amendment of registration. 22
(2) The application must-- 23
(a) be in the approved form; and 24
(b) state whether the service is proposed to be conducted in the new 25
premises as well as, or instead of, the current registered premises; 26
and 27
(c) be signed by the service provider; and 28
(d) be accompanied by-- 29
(i) a building compliance notice for the new premises issued 30
within the previous 12 months; and 31
s 65 46 s 65
Residential Services (Accreditation) Bill 2002
(ii) the prescribed fire safety document for the new premises; 1
and 2
(e) be accompanied by the fee prescribed under a regulation. 3
(3) The service provider also must provide any other relevant 4
information reasonably required by the chief executive to decide the 5
application. 6
(4) The chief executive must decide the application by amending, or 7
refusing to amend, the registration to show the new premises as the 8
registered premises.28 9
(5) If the application is made under this section, the chief executive must 10
amend the registration to show the new premises as the registered 11
premises. 12
(6) If the chief executive decides the application by amending the 13
registration to show the new premises as the registered premises, the chief 14
executive must give the service provider a notice of the decision, stating the 15
day on which the registration has effect. 16
(7) If the service provider has requested that the registration take effect 17
on a stated day not later than 3 months after the application is made, and 18
the application has been decided by that day, the notice under 19
subsection (6) must state that day as the day on which the registration has 20
effect. 21
65 Due day for deciding application 22
(1) The chief executive must decide an application made under 23
section 64 as soon as practicable and, in any case, by the due day. 24
(2) The due day for deciding the application is the thirtieth day after the 25
application is made, not including-- 26
(a) a day the chief executive asks for more information under 27
section 64(3); or 28
(b) the day the applicant complies with the request; or 29
(c) any days between the days mentioned in paragraphs (a) and (b). 30
(3) However, the due day may be extended by agreement between the 31
chief executive and the applicant. 32
28 See schedule 1 (Reviewable decisions).
s 66 47 s 67
Residential Services (Accreditation) Bill 2002
(4) If the chief executive does not decide the application by the due day, 1
the chief executive is taken to have decided the application, on the day after 2
the due day, by refusing to amend the registration to show the new 3
premises as the registered premises. 4
66 Premises stop being registered premises 5
While a residential service remains registered, premises may stop being 6
the registered premises for the service-- 7
(a) by way of an application under section 64 for new premises to 8
become the registered premises instead of the premises; or 9
(b) if the premises are not the only registered premises for the 10
service or only form part of the registered premises for the 11
service--by notice, given by the service provider to the chief 12
executive, stating a day, not earlier than 7 days after the notice is 13
given, on which the cessation is to have effect. 14
Division 3--Other changes 15
67 Service provider stops conducting or providing a service 16
(1) The service provider for a registered service must comply with this 17
section, unless the service provider has a reasonable excuse. 18
Maximum penalty--50 penalty units. 19
(2) At least 30 days before the service provider stops conducting the 20
residential service, the service provider must give the chief executive a 21
notice, in the approved form, surrendering the registration of the service. 22
(3) If the residential service is accredited at level 2, the service provider 23
must give the chief executive a notice, in the approved form, at least 24
30 days before the service provider stops providing a food service in the 25
course of the residential service. 26
(4) If the residential service is accredited at level 3, the service provider 27
must give the chief executive a notice, in the approved form, at least 28
30 days before the service provider stops providing a personal care service 29
in the course of the residential service. 30
s 68 48 s 69
Residential Services (Accreditation) Bill 2002
68 Change of associate 1
(1) Within 30 days after a person becomes an associate of the service 2
provider for a registered service, the service provider must give the chief 3
executive a notice in the approved form about the person, unless the service 4
provider has a reasonable excuse. 5
Maximum penalty-- 6
(a) if the service provider knows, or ought reasonably to know, the 7
new associate has a conviction for a disqualifying offence--100 8
penalty units; or 9
(b) otherwise--20 penalty units. 10
(2) Within 30 days after a person stops being an associate of the service 11
provider for a registered service, the service provider must give the chief 12
executive a notice, in the approved form, about the person, unless the 13
service provider has a reasonable excuse. 14
Maximum penalty--10 penalty units. 15
69 Notice of other changes 16
(1) The service provider for a registered service must give the chief 17
executive a notice, in the approved form, within 30 days after becoming 18
aware that any of the following has happened, unless the service provider 19
has a reasonable excuse-- 20
(a) there is a change in the criminal history of the service provider or 21
an associate of the service provider; 22
(b) the registered premises are, or a part of the registered premises 23
is-- 24
(i) destroyed; or 25
(ii) damaged, renovated or otherwise changed, in a significant 26
way; 27
(c) there is a change in another matter previously notified to the chief 28
executive that the service provider knows, or ought reasonably to 29
know, is relevant to the continued registration or accreditation of 30
the residential service; 31
(d) a matter provided for under a regulation. 32
Maximum penalty-- 33
s 70 49 s 70
Residential Services (Accreditation) Bill 2002
(a) for subsection (1)(a), if the change is a conviction for a 1
disqualifying offence--100 penalty units; or 2
(b) otherwise--20 penalty units. 3
(2) Subsection (1)(a) does not apply to a change merely because a 4
conviction has stopped being part of the criminal history. 5
(3) It is a reasonable excuse for an individual to fail to comply with a 6
requirement under subsection (1)(c) or (d) that complying with the 7
requirement might tend to incriminate the individual. 8
Division 4--Death of service provider 9
70 Death of sole service provider 10
(1) This section applies if an individual is the only service provider for a 11
registered service and the individual dies. 12
(2) The personal representative of the individual's estate is taken to be 13
registered as the service provider for 6 months from the date of death (the 14
"transitional registration period"). 15
(3) Subsection (2) applies subject to-- 16
(a) any earlier change of the person registered as the service 17
provider, or cancellation of the registration, under this Act; and 18
(b) any extension, or earlier ending, of the transitional registration 19
period under this section. 20
(4) The personal representative may apply in writing to the chief 21
executive for an extension of the transitional registration period. 22
(5) On receiving the application, the chief executive may extend the 23
transitional registration period by the further period, of not more than 24
6 months, that the chief executive considers appropriate in all the 25
circumstances.29 26
27
Example--
28
The chief executive may extend the transitional registration period for the period
29
necessary for an application under section 6130 to be made and decided.
29 See schedule 1 (Reviewable decisions).
30 Section 61 (Becoming a service provider)
s 71 50 s 72
Residential Services (Accreditation) Bill 2002
(6) Without limiting section 61, a person who is taken to be registered as 1
the service provider for a residential service under this section in the 2
person's capacity as personal representative may apply under section 61 to 3
be registered, in his or her personal capacity, as the service provider for the 4
service. 5
71 Dealings with registration or accreditation in first 30 days of the 6
transitional registration period 7
(1) This section applies during the first 30 days of the transitional 8
registration period of a residential service. 9
(2) The personal representative may, by giving a notice to the chief 10
executive, surrender the registration or accreditation of the residential 11
service without complying with section 67.31 12
(3) If the chief executive is satisfied it is necessary to do so to ensure the 13
health and safety of the residents, the chief executive may amend the 14
accreditation of the residential service, by giving a notice to the personal 15
representative, without first giving a show cause notice under section 54. 16
(4) The notice must state the reasons for the amendment. 17
(5) The amendment has effect for the period, not more than 90 days, 18
stated in the notice. 19
72 Death of service provider if more than 1 service provider 20
(1) This section applies if there is more than 1 service provider for a 21
registered service. 22
(2) If 1 of the service providers is an individual who dies, each of the 23
surviving service providers continues as service provider. 24
(3) If 2 or more of the service providers are individuals and they die at 25
the same time-- 26
(a) if there are any surviving service providers, each of them 27
continues as service provider; or 28
(b) if there are no surviving service providers, sections 70 and 71 29
apply, with all necessary changes, to the personal representatives 30
of the estates of the service providers who have died. 31
31 Section 67 (Service provider stops conducting or providing a service)
s 73 51 s 76
Residential Services (Accreditation) Bill 2002
Division 5--Notation of changes 1
73 Return of certificates for notation of change 2
If a change mentioned in this part happens to a registered service, the 3
service provider must, on receiving a written request from the chief 4
executive, return the registration certificate or accreditation certificate to 5
the chief executive for notation of the change, unless the service provider 6
has a reasonable excuse. 7
Maximum penalty--5 penalty units. 8
PART 5--OTHER MATTERS ABOUT CONDUCT OF 9
RESIDENTIAL SERVICE 10
Division 1--Fire safety management plan 11
74 Non-application to budget accommodation building 12
This division does not apply to premises that are a budget 13
accommodation building. 14
75 Requirement for plan 15
A person must not start conducting a residential service in premises 16
unless there is a plan for the premises complying with the requirements 17
prescribed under a regulation (a "fire safety management plan"). 18
Maximum penalty--100 penalty units. 19
76 Maintenance, implementation and accessibility of plan 20
(1) This section applies to the service provider for a residential service in 21
relation to the fire safety management plan for the premises in which the 22
service is conducted. 23
(2) The service provider must ensure the plan is updated as soon as 24
practicable, but not later than 1 month, after a change in circumstances 25
s 77 52 s 78
Residential Services (Accreditation) Bill 2002
affecting the plan's compliance with the requirements prescribed under 1
section 75. 2
Maximum penalty--100 penalty units. 3
(3) A change in circumstances mentioned in subsection (2) includes, for 4
example, a change in the requirements prescribed under section 75. 5
(4) The service provider must ensure the current fire safety management 6
plan is implemented. 7
Maximum penalty--100 penalty units. 8
(5) The service provider must ensure a copy of the current fire safety 9
management plan is kept in the premises and is available for inspection, 10
free of charge, by the residents. 11
Maximum penalty--20 penalty units. 12
Division 2--Records 13
77 Service provider for registered service must keep records 14
The service provider for a registered service must make, and keep for at 15
least the time prescribed under a regulation, the records prescribed under a 16
regulation. 17
Maximum penalty--10 penalty units. 18
78 Access to records about a resident 19
(1) This section applies to a record about a resident in a residential 20
service kept by the service provider including, for a registered service, a 21
record about a resident kept under section 77. 22
(2) If asked by the resident, the service provider must, within the time 23
stated in subsection (3), give the resident or another person access to the 24
record to enable the resident or other person to inspect the record or take a 25
copy. 26
Maximum penalty--10 penalty units. 27
(3) The time for giving the access is-- 28
(a) for a record needed by the resident or other person in an 29
emergency--immediately; or 30
s 79 53 s 79
Residential Services (Accreditation) Bill 2002
(b) otherwise-- 1
(i) for a record containing medical information about the 2
resident--within 24 hours after the request is made; or 3
(ii) for another record--within a reasonable time after the 4
request is made. 5
79 Confidentiality of records about a resident 6
(1) The service provider for a residential service must ensure that the 7
service's records, so far as they contain personal information about a 8
resident, are kept in a way that ensures no-one has access to them other 9
than an authorised person for the service or the resident. 10
Maximum penalty--20 penalty units. 11
(2) A person who, as an authorised person for a residential service, 12
obtains personal information about a resident from the service's records 13
must not disclose the information to anyone other than another authorised 14
person for the service or the resident. 15
Maximum penalty--20 penalty units. 16
(3) Subsections (1) and (2) do not apply to the giving of access to a 17
record, or the disclosure of information, about a resident-- 18
(a) for a purpose of this Act; or 19
(b) with the resident's consent; or 20
(c) in compliance with lawful process requiring production of 21
documents or giving of evidence before a court or tribunal; or 22
(d) as expressly permitted or required by another Act. 23
(4) In this section-- 24
"authorised person", for a residential service, means the service provider 25
or a person employed in the service by the service provider. 26
"personal information", about a resident, means-- 27
(a) information about the resident's health; or 28
(b) information about the resident's financial affairs; or 29
(c) other information, relating to the resident, provided for under a 30
regulation. 31
s 80 54 s 82
Residential Services (Accreditation) Bill 2002
"records", of a residential service, means the records kept by the service 1
provider that relate to the conduct of the service including, for a 2
registered service, the records kept under section 77.32 3
80 Services that are no longer registered and persons who are no 4
longer residents 5
(1) A reference in this division to a residential service includes a service 6
that is no longer being conducted. 7
(2) A reference in this division to a registered service includes a service 8
that is no longer registered. 9
(3) A reference in this division to a resident in a residential service 10
includes a person who is no longer a resident in the service. 11
(4) However-- 12
(a) subsection (2) does not apply to section 77 so far as that section 13
requires a service provider to make a record for a registered 14
service; and 15
(b) subsection (3) does not apply to section 77 so far as that section 16
requires a service provider to make a record about a resident. 17
Division 3--Other matters 18
81 Payment for movement of residents between premises 19
The service provider for a residential service must not pay an amount to, 20
or receive an amount from, the service provider for another residential 21
service for helping or allowing a resident to change accommodation 22
between the premises in which the services are conducted. 23
Maximum penalty--100 penalty units. 24
82 Power of attorney 25
The service provider for a residential service must not exercise, or 26
purport to exercise, a power conferred on, or exercisable by, the service 27
32 Section 77 (Service provider for registered service must keep records)
s 83 55 s 85
Residential Services (Accreditation) Bill 2002
provider under a power of attorney given by a resident in the service in 1
favour of the service provider. 2
Maximum penalty--100 penalty units. 3
83 Display of certificates 4
The service provider for a registered service must display, at a place at 5
the registered premises where they are likely to be seen by residents, the 6
registration certificate and any accreditation certificate that is in force for 7
the service. 8
Maximum penalty--5 penalty units. 9
PART 6--APPOINTMENT OF ADMINISTRATOR 10
Division 1--Appointment 11
84 Appointment 12
The Queensland Building Tribunal may, by order, appoint a person as 13
administrator to a registered service under this part. 14
85 Application to tribunal and basis for appointment 15
(1) The chief executive may apply to the Queensland Building Tribunal 16
for an order appointing a stated person as administrator to a registered 17
service. 18
(2) On the filing of the application, the tribunal must fix a time for 19
hearing the application as soon as possible. 20
(3) The tribunal may make the order if it is satisfied-- 21
(a) the appointment is reasonably necessary to protect the health or 22
safety of the residents in the service; and 23
(b) the proposed appointee is suitable and eligible for appointment 24
under section 86. 25
s 86 56 s 86
Residential Services (Accreditation) Bill 2002
(4) In deciding whether the appointment is reasonably necessary, the 1
tribunal must have regard to the following matters-- 2
(a) the services usually provided to the residents in the course of the 3
registered service; 4
(b) whether it appears the service provider is unwilling or unable to 5
provide the services, or provide the services properly, because, 6
for example, the service provider can not be located, is unwell or 7
is in financial difficulties; 8
(c) the likely consequences for the residents if the services are not 9
provided or are not provided properly, having regard, in 10
particular, to the capacity of the residents to safeguard their own 11
interests; 12
(d) the likely consequences of the appointment, of which the tribunal 13
is aware, for the service provider and anyone else likely to be 14
affected. 15
(5) Before making the application, the chief executive-- 16
(a) must consider whether it would be more appropriate to take steps 17
other than applying for the appointment, or not to take any steps; 18
and 19
(b) may consult with the service provider, the residents, the 20
disability services department or another entity. 21
86 Suitability and eligibility of proposed appointee 22
(1) In deciding whether a person is suitable for appointment as 23
administrator to a registered service, the Queensland Building Tribunal 24
must have regard to the following matters-- 25
(a) the nature of the registered service; 26
(b) the reason for the appointment; 27
(c) the services the person is to provide as administrator; 28
(d) whether the person has a criminal history that would make the 29
person unsuitable for appointment; 30
(e) the person's expertise or experience relevant to the appointment; 31
(f) any conflict of interest that may arise in the course of the person 32
acting as administrator; 33
s 87 57 s 87
Residential Services (Accreditation) Bill 2002
(g) any other relevant matter. 1
(2) The following persons are ineligible for appointment-- 2
(a) a corporation; 3
(b) a child; 4
(c) an officer or employee of the department; 5
(d) a person who is bankrupt or, as a debtor, taking advantage of a 6
law about bankrupt or insolvent debtors; 7
(e) a person who has been convicted within the previous 5 years of a 8
disqualifying offence. 9
(3) A person who has agreed to a proposed appointment must advise the 10
tribunal, before the tribunal makes an order appointing the person-- 11
(a) whether the person is aware of a conflict of interest that may arise 12
in the course of the person acting as administrator; and 13
(b) whether the person is a person mentioned in subsection (2)(b) to 14
(d); and 15
(c) whether the person has a criminal history and, if so, what the 16
criminal history is. 17
Maximum penalty-- 18
(a) for an offence involving paragraph (c)--100 penalty units; or 19
(b) otherwise--20 penalty units. 20
(4) The person must give the advice by statutory declaration or on oath 21
or affirmation if required by the tribunal. 22
87 Terms of appointment 23
(1) This section applies if the Queensland Building Tribunal decides to 24
make an order appointing a person as administrator to a registered service. 25
(2) The appointment must state the following matters-- 26
(a) the administrator's name; 27
(b) the details of the registered service; 28
(c) the services the administrator is to provide; 29
(d) the period of the appointment; 30
s 88 58 s 90
Residential Services (Accreditation) Bill 2002
(e) any conditions of the appointment; 1
(f) anything else the tribunal considers appropriate. 2
88 Notice to service provider about appointment 3
Immediately after the Queensland Building Tribunal makes an order 4
appointing a person as administrator to a registered service, the chief 5
executive must give a copy of the order to the service provider, unless the 6
chief executive knows that the service provider already has a copy. 7
89 Informing residents about appointment 8
Before an administrator to a registered service exercises a power under 9
this part, the chief executive must ensure the residents are informed about 10
the appointment, for example, by-- 11
(a) giving a notice of the appointment to the residents or to their 12
attorneys, administrators or agents; or 13
(b) posting a notice of the appointment at a place at the registered 14
premises where it is likely to be seen by residents; or 15
(c) directing the administrator to inform the residents about the 16
appointment in an appropriate way. 17
90 Period of appointment 18
(1) An administrator may be appointed for a period of not more than 19
3 months. 20
(2) After an administrator starts to carry out the administrator's function, 21
the chief executive may apply to the Queensland Building Tribunal for an 22
extension of the appointment. 23
(3) The tribunal may, by order, extend the period of appointment by a 24
further period of not more than 3 months if it is satisfied the extended 25
appointment is reasonably necessary in all the circumstances. 26
(4) If an administrator's period of appointment is extended, the chief 27
executive must ensure the service provider and residents are informed 28
about the extension. 29
s 91 59 s 93
Residential Services (Accreditation) Bill 2002
Division 2--Function and powers 1
91 Administrator's function 2
(1) The function of an administrator appointed to a registered service is 3
to provide services to residents, under the terms of the appointment, that 4
the service provider has agreed to provide in the course of the registered 5
service. 6
(2) The appointment must state-- 7
(a) the services to be provided; and 8
(b) the way in which, or extent to which, the services are to be 9
provided. 10
92 Administrator's powers 11
So far as is necessary to carry out his or her function, an administrator 12
appointed to a registered service-- 13
(a) may enter any part of the registered premises other than a 14
resident's room; and 15
(b) may use the facilities in the premises; and 16
(c) may use food or other goods at the premises that it appears are 17
intended for use, or are ordinarily used, to provide the relevant 18
services; and 19
(d) may exercise the right of entry to a resident's room that the 20
administrator would have under the accommodation Act, part 7,33 21
if the administrator were the service provider, including any right 22
of entry to a resident's room that the service provider has under 23
an agreement with the resident. 24
93 Rental payments 25
(1) The administrator appointed to a registered service may give to a 26
resident a notice, in the approved form, requiring the resident to pay to the 27
administrator a rental payment due to the service provider under the 28
accommodation agreement. 29
33 The accommodation Act, part 7 (Entry to residents' rooms)
s 93 60 s 93
Residential Services (Accreditation) Bill 2002
(2) On the making of a requirement under subsection (1), a requirement 1
under the accommodation agreement to make the rental payment to the 2
service provider is taken to be a requirement to make the payment to the 3
administrator. 4
(3) If the resident breaches the accommodation agreement by failing to 5
make the rental payment to the administrator, the accommodation Act, 6
sections 75(3), 77, 78 and 11634 apply to the breach as if a reference in 7
those provisions to the service provider were a reference to the 8
administrator. 9
(4) The administrator may require the payment of amounts under 10
subsection (1) only to the extent the administrator reasonably requires to 11
carry out the administrator's function. 12
(5) For each payment received from a resident under this section, the 13
administrator must-- 14
(a) give to the resident a receipt complying with the accommodation 15
Act, section 18; and 16
(b) make a copy of the receipt or make another appropriate written 17
record of the payment. 18
(6) The administrator may apply an amount received under this section 19
only in carrying out the administrator's function. 20
(7) If the administrator stops being satisfied an amount received under 21
this section is needed to carry out the administrator's function, the 22
administrator must immediately pay the amount to the service provider. 23
(8) At the end of the administrator's appointment, the administrator must 24
give to the service provider any remaining amount received under this 25
section. 26
(9) Subsections (7) and (8) apply subject to section 98. 27
(10) In this section-- 28
"accommodation agreement", for a resident, means the resident's 29
agreement with the service provider for the provision of 30
accommodation in the course of the registered service. 31
34 The accommodation Act, sections 75 (Ending of agreement), 77 (Notice to remedy
breach), 78 (Notice to leave because of failure to remedy breach) and 116 (Dispute
about service providers' notice)
s 94 61 s 97
Residential Services (Accreditation) Bill 2002
94 Direction by chief executive 1
An administrator is subject to the chief executive's direction in 2
performing the administrator's function and exercising the powers given 3
under this part. 4
95 Production of instrument of appointment for inspection 5
(1) This section applies if-- 6
(a) an administrator is exercising, or proposes to exercise, a power 7
given under this part; and 8
(b) a person at the registered premises asks the administrator to 9
produce the administrator's instrument of appointment for the 10
person's inspection. 11
(2) The administrator must comply with the request. 12
96 Obstruction 13
(1) A person must not obstruct an administrator in the exercise of a 14
power, unless the person has a reasonable excuse. 15
Maximum penalty--10 penalty units. 16
(2) If a person has obstructed an administrator and the administrator 17
decides to proceed with the exercise of the power, the administrator must 18
warn the person that-- 19
(a) it is an offence to obstruct the administrator, unless the person 20
has a reasonable excuse; and 21
(b) the administrator considers the person's conduct an obstruction. 22
(3) In this section-- 23
"obstruct" includes hinder and attempt to obstruct. 24
Division 3--Other matters 25
97 Remuneration 26
An administrator is entitled to be paid the reasonable amount of 27
remuneration agreed with the chief executive. 28
s 98 62 s 100
Residential Services (Accreditation) Bill 2002
98 Service provider liable for remuneration and other costs 1
(1) If an administrator is appointed to a registered service, the chief 2
executive may give the service provider a written demand for the amount of 3
an administration cost. 4
(2) The chief executive may recover the amount as a debt owed to the 5
State. 6
(3) At any time during or after the appointment, the chief executive may 7
recover an administration cost from an amount held by the administrator 8
under section 93. 9
(4) In this section-- 10
"administration cost" means the remuneration paid to an administrator 11
and any other reasonable cost incurred in carrying out an 12
administrator's function. 13
99 Accounts and reports 14
(1) An administrator appointed to a registered service must give to the 15
chief executive-- 16
(a) a record of all receipts and payments under section 93; and 17
(b) the other reports about the administration that the chief executive 18
requires. 19
(2) The chief executive must give a copy of each record or report to the 20
service provider for the registered service. 21
100 Compensation 22
(1) A person may claim compensation from the chief executive if the 23
person incurs loss or damage because of the exercise or purported exercise 24
of a power under this part. 25
(2) Compensation may be claimed and ordered to be paid in a 26
proceeding brought in a court with jurisdiction for the recovery of the 27
amount of compensation claimed. 28
(3) A court may order compensation to be paid only if satisfied it is just 29
to make the order in the circumstances of the particular case. 30
s 101 63 s 104
Residential Services (Accreditation) Bill 2002
101 Service provider who can not be located 1
(1) This section applies to-- 2
(a) a requirement under this part that the chief executive or an 3
administrator give information to a service provider; or 4
(b) a requirement under the Queensland Building Tribunal Act 2000 5
that the chief executive serve a document on a service provider. 6
(2) The requirement does not apply if the chief executive or 7
administrator can not locate the service provider after making reasonable 8
enquiries. 9
PART 7--ASSOCIATED ACCREDITATION OFFICERS 10
102 Appointment 11
The chief executive may appoint a person as an associated accreditation 12
officer if-- 13
(a) the chief executive is satisfied the person has the necessary 14
expertise or experience to be an associated accreditation officer; 15
or 16
(b) the person has satisfactorily completed the training approved by 17
the chief executive. 18
103 Function 19
An associated accreditation officer has the function of helping the chief 20
executive to make accreditation decisions. 21
104 Conflict of interest 22
(1) If an associated accreditation officer who is helping the chief 23
executive make an accreditation decision relating to a person becomes 24
aware the officer has an interest, financial or otherwise, that could conflict 25
with the proper performance of the officer's function, the officer must 26
disclose the interest to the chief executive. 27
s 105 64 s 107
Residential Services (Accreditation) Bill 2002
(2) On receiving the disclosure, the chief executive must ensure the 1
officer does not take part, or take further part, in helping the chief executive 2
make the accreditation decision, unless the chief executive is satisfied the 3
interest does not conflict with the proper performance of the officer's 4
function. 5
(3) Also, if an associated accreditation officer carries out activities from 6
time to time in order to represent the interests of service providers 7
generally or residents generally, the officer must disclose the nature of the 8
activities to the chief executive. 9
(4) A person who has an interest that could conflict with the proper 10
performance of the function of helping the chief executive make an 11
accreditation decision relating to anyone, or who carries out activities 12
mentioned in subsection (3), must disclose the interest or the nature of the 13
activities to the chief executive before being appointed as an associated 14
accreditation officer. 15
PART 8--INVESTIGATION AND ENFORCEMENT 16
Division 1--Authorised officers 17
105 Purpose 18
The purpose of this part is to provide for monitoring and enforcing 19
compliance with this Act. 20
106 Appointment 21
The chief executive may appoint a person as an authorised officer if the 22
chief executive is satisfied the person has the necessary expertise or 23
experience to be an authorised officer. 24
107 Appointment conditions and limit on powers 25
(1) An authorised officer holds office on any conditions stated in-- 26
(a) the officer's instrument of appointment; or 27
(b) a signed notice given to the officer; or 28
s 108 65 s 110
Residential Services (Accreditation) Bill 2002
(c) a regulation. 1
(2) The instrument of appointment, a signed notice given to the 2
authorised officer or a regulation may limit the officer's powers under this 3
Act. 4
(3) In this section-- 5
"signed notice" means a notice signed by the chief executive. 6
108 When authorised officer stops holding office 7
(1) An authorised officer stops holding office if any of the following 8
happens-- 9
(a) the term of office stated in a condition of office ends; 10
(b) under another condition of office, the officer stops holding office; 11
(c) the officer's resignation under section 109 takes effect. 12
(2) Subsection (1) does not limit the ways an authorised officer may stop 13
holding office. 14
(3) In this section-- 15
"condition of office" means a condition on which the authorised officer 16
holds office. 17
109 Resignation 18
(1) An authorised officer may resign by signed notice given to the chief 19
executive. 20
(2) However, if holding office as an authorised officer is a condition of 21
the officer holding another office, the officer may not resign as an 22
authorised officer without resigning from the other office. 23
110 Issue of identity card 24
(1) The chief executive must issue an identity card to each authorised 25
officer. 26
(2) The identity card must-- 27
(a) contain a recent photo of the authorised officer; and 28
(b) contain a copy of the officer's signature; and 29
s 111 66 s 113
Residential Services (Accreditation) Bill 2002
(c) identify the person as an authorised officer under this Act; and 1
(d) state an expiry date for the card. 2
(3) This section does not prevent the issue of a single identity card to a 3
person for this Act and other purposes. 4
111 Return of identity card 5
A person who stops being an authorised officer must return the person's 6
identity card to the chief executive within 21 days after the person stops 7
being an authorised officer unless the person has a reasonable excuse. 8
Maximum penalty--10 penalty units. 9
112 Production or display of identity card 10
(1) In exercising a power under this Act in relation to a person, an 11
authorised officer must-- 12
(a) produce the officer's identity card for the person's inspection 13
before exercising the power; or 14
(b) have the identity card displayed so it is clearly visible to the 15
person when exercising the power. 16
(2) However, if it is not practicable to comply with subsection (1), the 17
authorised officer must produce the identity card for the person's inspection 18
at the first reasonable opportunity. 19
(3) For subsection (1), an authorised officer does not exercise a power in 20
relation to a person only because the officer has entered a place as 21
mentioned in section 113(1)(b) or (3). 22
Division 2--Powers of authorised officers 23
Subdivision 1--Entry of places 24
113 Power to enter places 25
(1) An authorised officer may enter a place if-- 26
(a) its occupier consents to the entry; or 27
s 114 67 s 114
Residential Services (Accreditation) Bill 2002
(b) it is a public place and the entry is made when it is open to the 1
public; or 2
(c) the entry is authorised by a warrant. 3
(2) For subsection (1)(a), the service provider for registered premises is 4
taken to be the occupier of all parts of the premises other than a room in the 5
premises occupied by a person as their place of residence. 6
(3) For the purpose of asking the occupier of a place for consent to enter, 7
an authorised officer may, without the occupier's consent or a warrant-- 8
(a) enter land around premises at the place to an extent that is 9
reasonable to contact the occupier; or 10
(b) enter part of the place the officer reasonably considers members 11
of the public ordinarily are allowed to enter when they wish to 12
contact the occupier. 13
Subdivision 2--Procedure for entry 14
114 Entry with consent 15
(1) This section applies if an authorised officer intends to ask an 16
occupier of a place to consent to the officer or another authorised officer 17
entering the place under section 113(1)(a). 18
(2) Before asking for the consent, the authorised officer must tell the 19
occupier-- 20
(a) the purpose of the entry; and 21
(b) that the occupier is not required to consent. 22
(3) If the consent is given, the authorised officer may ask the occupier to 23
sign an acknowledgment of the consent. 24
(4) The acknowledgment must state-- 25
(a) that the occupier has been told-- 26
(i) the purpose of the entry; and 27
(ii) that the occupier is not required to consent; and 28
(b) the purpose of the entry; and 29
(c) that the occupier gives the authorised officer consent to enter the 30
place and exercise the powers under this division; and 31
s 115 68 s 116
Residential Services (Accreditation) Bill 2002
(d) the time and date the consent was given. 1
(5) If the occupier signs the acknowledgment, the authorised officer 2
must immediately give a copy to the occupier. 3
(6) If-- 4
(a) an issue arises in a proceeding about whether the occupier 5
consented to the entry; and 6
(b) an acknowledgment complying with subsection (4) for the entry 7
is not produced in evidence; 8
the onus of proof is on the person relying on the lawfulness of the entry to 9
prove the occupier consented. 10
115 Application for warrant 11
(1) An authorised officer may apply to a magistrate for a warrant for a 12
place. 13
(2) The application must be sworn and state the grounds on which the 14
warrant is sought. 15
(3) The magistrate may refuse to consider the application until the 16
authorised officer gives the magistrate all the information the magistrate 17
requires about the application in the way the magistrate requires. 18
19
Example--
20
The magistrate may require additional information supporting the application to be
21
given by statutory declaration.
116 Issue of warrant 22
(1) The magistrate may issue a warrant only if the magistrate is satisfied 23
there are reasonable grounds for suspecting-- 24
(a) there is a particular thing or activity (the "evidence") that may 25
provide evidence of an offence against this Act; and 26
(b) the evidence is at the place, or may be at the place within the next 27
7 days. 28
(2) The warrant must state the following-- 29
(a) that a stated authorised officer may, with necessary and 30
reasonable help and force-- 31
s 117 69 s 117
Residential Services (Accreditation) Bill 2002
(i) enter the place and any other place necessary for the entry; 1
and 2
(ii) exercise the officer's powers under this division; 3
(b) the offence for which the warrant is sought; 4
(c) the evidence that may be seized under the warrant; 5
(d) the hours of the day or night when the place may be entered; 6
(e) the date, within 14 days after its issue, the warrant ends. 7
117 Special warrants 8
(1) An authorised officer may apply for a warrant (a "special warrant") 9
by phone, fax, radio or another form of communication if the officer 10
considers it necessary because of-- 11
(a) urgent circumstances; or 12
(b) other special circumstances including, for example, the officer's 13
remote location. 14
(2) Before applying for the special warrant, the authorised officer must 15
prepare an application stating the grounds on which the warrant is sought. 16
(3) The authorised officer may apply for the special warrant before the 17
application is sworn. 18
(4) After issuing the special warrant, the magistrate must promptly fax a 19
copy (a "facsimile warrant") to the authorised officer if it is reasonably 20
practicable to fax the copy. 21
(5) If it is not reasonably practicable to fax a copy to the authorised 22
officer-- 23
(a) the magistrate must tell the officer-- 24
(i) what the terms of the special warrant are; and 25
(ii) the date and time the special warrant is issued; and 26
(b) the officer must complete a form of warrant (a "warrant form") 27
and write on it-- 28
(i) the magistrate's name; and 29
(ii) the date and time the magistrate issued the special warrant; 30
and 31
s 118 70 s 118
Residential Services (Accreditation) Bill 2002
(iii) the terms of the special warrant. 1
(6) The facsimile warrant, or the warrant form properly completed by the 2
authorised officer, authorises the entry and the exercise of the other powers 3
stated in the special warrant issued. 4
(7) The authorised officer must, at the first reasonable opportunity, send 5
to the magistrate-- 6
(a) the sworn application; and 7
(b) if the officer completed a warrant form--the completed warrant 8
form. 9
(8) On receiving the documents, the magistrate must attach them to the 10
special warrant. 11
(9) If-- 12
(a) an issue arises in a proceeding about whether an exercise of a 13
power was authorised by a special warrant; and 14
(b) the warrant is not produced in evidence; 15
the onus of proof is on the person relying on the lawfulness of the exercise 16
of the power to prove a special warrant authorised the exercise of the 17
power. 18
118 Warrants--procedure before entry 19
(1) This section applies if an authorised officer named in a warrant 20
issued under this division for a place is intending to enter the place under 21
the warrant. 22
(2) Before entering the place, the authorised officer must do or make a 23
reasonable attempt to do the following things-- 24
(a) identify himself or herself to a person present at the place who is 25
an occupier of the place by producing a copy of the authorised 26
officer's identity card or other document evidencing the 27
authorised officer's appointment; 28
(b) give the person a copy of the warrant or, if the entry is authorised 29
by a facsimile warrant or warrant form mentioned in 30
section 117(6), a copy of the facsimile warrant or warrant form; 31
(c) tell the person the officer is permitted by the warrant to enter the 32
place; 33
s 119 71 s 119
Residential Services (Accreditation) Bill 2002
(d) give the person an opportunity to allow the officer immediate 1
entry to the place without using force. 2
(3) However, the authorised officer need not comply with subsection (2) 3
if the officer reasonably believes that immediate entry to the place is 4
required to ensure the effective execution of the warrant is not frustrated. 5
Subdivision 3--Powers after entry 6
119 General powers after entering a place 7
(1) This section applies to an authorised officer who enters a place. 8
(2) However, if an authorised officer enters a place to get the occupier's 9
consent to enter the place, this section applies to the officer only if the 10
consent is given or the entry is otherwise authorised. 11
(3) For monitoring or enforcing compliance with this Act, the authorised 12
officer may do any of the following-- 13
(a) search any part of the place; 14
(b) inspect, measure, test, photograph or film any part of the place or 15
anything at the place; 16
(c) take a thing, or a sample of or from a thing, at the place for 17
analysis or testing; 18
(d) copy a document at the place; 19
(e) take into or onto the place any person, equipment and materials 20
the officer reasonably requires for the exercise of a power under 21
this division; 22
(f) require the occupier of the place, or a person at the place, to give 23
the officer-- 24
(i) reasonable help to exercise the officer's powers under 25
paragraphs (a) to (e); or 26
(ii) information to help the officer find out whether this Act is 27
being complied with. 28
s 120 72 s 124
Residential Services (Accreditation) Bill 2002
120 Preserving privacy after entering private residence 1
(1) When entering a private residence, or exercising a power or 2
performing a function in a private residence, an authorised officer must 3
preserve, as far as practicable, the privacy of anyone living at the residence. 4
(2) In this section-- 5
"private residence" includes a room in registered premises occupied by a 6
person as the person's place of residence. 7
121 Failure to help authorised officer 8
A person required to give reasonable help, or information, under 9
section 119(3)(f) must comply with the requirement, unless the person has 10
a reasonable excuse. 11
Maximum penalty--50 penalty units. 12
Subdivision 4--Power to seize evidence 13
122 Definition for sdiv 4 14
In this subdivision-- 15
"owner", of a seized thing, includes the person entitled to possession of it. 16
123 Seizing evidence after entry without consent or warrant 17
An authorised officer who enters a place that may be entered under this 18
division without the occupier's consent and without a warrant may seize a 19
thing at the place if the officer reasonably believes the thing is evidence of 20
an offence against this Act. 21
124 Seizing evidence after entry with consent or warrant 22
(1) This section applies if an authorised officer-- 23
(a) is authorised to enter a place under this division only with the 24
consent of the occupier or a warrant; and 25
(b) enters the place after obtaining the necessary consent or warrant. 26
s 125 73 s 125
Residential Services (Accreditation) Bill 2002
(2) If the authorised officer enters the place with the occupier's consent, 1
the officer may seize a thing at the place if-- 2
(a) the officer reasonably believes the thing is evidence of an offence 3
against this Act; and 4
(b) seizure of the thing is consistent with the purpose of entry as told 5
to the occupier when asking for the occupier's consent. 6
(3) If the authorised officer enters the place with a warrant, the officer 7
may seize the evidence for which the warrant was issued. 8
(4) The authorised officer may seize anything else at the place if the 9
officer reasonably believes-- 10
(a) the thing is evidence of an offence against this Act; and 11
(b) the seizure is necessary to prevent the thing being hidden, lost, 12
destroyed or used to continue or repeat the offence. 13
(5) Also, the authorised officer may seize a thing at the place if the 14
officer reasonably believes it has just been used in committing an offence 15
against this Act. 16
125 Securing seized thing 17
Having seized a thing, an authorised officer may do 1 or more of the 18
following-- 19
(a) move the thing from the place where it was seized (the "place of 20
seizure"); 21
(b) leave the thing at the place of seizure but take reasonable steps to 22
restrict access to it; 23
24
Examples of restricting access to a thing--
25
1. Sealing a thing and marking it to show access to it is restricted.
26
2. Sealing the entrance to a room where the seized thing is situated and
27
marking it to show access to it is restricted.
(c) make the thing inoperable if it is equipment. 28
29
Example of making equipment inoperable--
30
Dismantling equipment or removing a component of equipment without
31
which the equipment is not capable of being used.
s 126 74 s 128
Residential Services (Accreditation) Bill 2002
126 Tampering with seized thing 1
(1) If an authorised officer restricts access to a seized thing, a person 2
must not tamper, or attempt to tamper, with the thing, or something 3
restricting access to the thing, without an authorised officer's approval. 4
Maximum penalty--50 penalty units. 5
(2) If an authorised officer makes seized equipment inoperable, a person 6
must not tamper, or attempt to tamper, with the equipment, without an 7
authorised officer's approval. 8
Maximum penalty--50 penalty units. 9
127 Powers to support seizure 10
(1) To enable a thing to be seized, an authorised officer may require the 11
person in control of it-- 12
(a) to take it to a stated reasonable place by a stated reasonable time; 13
and 14
(b) if necessary, to remain in control of it at the stated place for a 15
stated reasonable period. 16
(2) The requirement-- 17
(a) must be made by notice in the approved form; or 18
(b) if for any reason it is not practicable to give the notice, may be 19
made orally and confirmed by notice in the approved form as 20
soon as practicable. 21
(3) A person of whom a requirement is made under subsection (1) must 22
comply with the requirement, unless the person has a reasonable excuse. 23
Maximum penalty for subsection (3)--50 penalty units. 24
128 Receipts for seized things 25
(1) As soon as practicable after seizing a thing, an authorised officer 26
must give a receipt for it to the person from whom it was seized. 27
(2) However, if for any reason it is not practicable to comply with 28
subsection (1), the authorised officer must leave the receipt at the place of 29
seizure in a conspicuous position and in a reasonably secure way. 30
s 129 75 s 129
Residential Services (Accreditation) Bill 2002
(3) The receipt must describe generally each thing seized and its 1
condition. 2
(4) This section does not apply to a thing if it is impracticable, or would 3
be unreasonable, to give the receipt, having regard to the thing's nature, 4
condition and value. 5
129 Forfeiture of seized things 6
(1) A thing that has been seized under this division is forfeited to the 7
State if the authorised officer who seized the thing-- 8
(a) can not find its owner, after making the inquiries (if any) that are 9
reasonable in all the circumstances; or 10
(b) can not return it to its owner, after making the efforts (if any) that 11
are reasonable in all the circumstances. 12
13
Example for paragraph (b)--
14
It may be unreasonable for an authorised officer to make an effort to return
15
a seized thing to its owner if the owner has migrated to another country.
(2) Regard must be had to a thing's nature, condition and value in 16
deciding-- 17
(a) whether it is reasonable to make inquiries or efforts; and 18
(b) if making inquiries or efforts, what inquiries or efforts, including 19
the period over which they are made, are reasonable. 20
(3) On the forfeiture of a thing to the State, the thing becomes the State's 21
property and may be dealt with by the chief executive as the chief 22
executive considers appropriate. 23
(4) Without limiting subsection (3), the chief executive may destroy or 24
dispose of the thing. 25
(5) Despite subsection (3), the chief executive must not deal with the 26
thing in a way that could prejudice the outcome of-- 27
(a) an appeal to the Queensland Building Tribunal under this Act; or 28
(b) another appeal, relevant to the thing, of which the chief executive 29
is aware. 30
s 130 76 s 132
Residential Services (Accreditation) Bill 2002
130 Return of seized things 1
(1) If a seized thing is not forfeited, the authorised officer must return it 2
to its owner-- 3
(a) at the end of 6 months; or 4
(b) if a proceeding for an offence involving the thing is started within 5
6 months--at the end of the proceeding and any appeal from the 6
proceeding. 7
(2) Despite subsection (1), unless the thing is forfeited, the authorised 8
officer must immediately return it to its owner if the officer stops being 9
satisfied-- 10
(a) its continued retention as evidence is necessary; or 11
(b) its continued retention is necessary to prevent the thing being 12
used to continue, or repeat, the offence. 13
131 Access to seized things 14
(1) Until a seized thing is forfeited or returned, an authorised officer 15
must allow its owner to inspect it and, if it is a document, to copy it. 16
(2) Subsection (1) does not apply if it is impracticable, or would be 17
unreasonable, to allow the inspection or copying. 18
Subdivision 5--Power to obtain information 19
132 Power to require name and address 20
(1) This section applies if-- 21
(a) an authorised officer finds a person committing an offence 22
against this Act; or 23
(b) an authorised officer finds a person in circumstances that lead, or 24
has information that leads, the officer to reasonably suspect the 25
person is committing, or has just committed, an offence against 26
this Act. 27
(2) The authorised officer may require the person to state the person's 28
name and residential address. 29
s 133 77 s 134
Residential Services (Accreditation) Bill 2002
(3) The authorised officer may require the person to give evidence of the 1
correctness of the stated name or residential address if the officer 2
reasonably suspects the stated name or address to be false. 3
(4) A person of whom a requirement is made under this section must 4
comply with the requirement, unless the person has a reasonable excuse. 5
Maximum penalty--50 penalty units. 6
(5) A person does not commit an offence against subsection (4) if-- 7
(a) the person was required, by an authorised officer who suspected 8
the person was committing, or had committed, an offence against 9
this Act, to state the person's name and residential address or to 10
give evidence of the correctness of the stated name or residential 11
address; and 12
(b) the person is not proved to have committed the offence. 13
133 Power to require information 14
(1) This section applies if an authorised officer reasonably believes-- 15
(a) an offence against this Act is being committed or has been 16
committed; and 17
(b) a person may be able to give information about the offence. 18
(2) The authorised officer may, by notice given to the person, require the 19
person to give information about the offence to the officer at a stated 20
reasonable place and at a stated reasonable time. 21
(3) The person must comply with a requirement under subsection (2), 22
unless the person has a reasonable excuse. 23
Maximum penalty for subsection (3)--50 penalty units. 24
134 Power to require production of documents 25
(1) An authorised officer may require the service provider for a 26
registered service to make available for inspection by an authorised officer, 27
or produce to an authorised officer for inspection, at a reasonable time and 28
place nominated by the officer-- 29
(a) a document required to be kept by the service provider under this 30
Act; or 31
(b) a document issued to the service provider under this Act. 32
s 135 78 s 136
Residential Services (Accreditation) Bill 2002
(2) The authorised officer may keep the document to copy it. 1
(3) If the authorised officer copies a document mentioned in 2
subsection (1)(a), or an entry in the document, the officer may require the 3
service provider to certify the copy as a true copy of the document or entry. 4
(4) The authorised officer must return the document to the service 5
provider as soon as practicable after copying it. 6
(5) However, if a requirement is made of a service provider under 7
subsection (3), the authorised officer may keep the document until the 8
service provider complies with the requirement. 9
135 Failure to produce documents 10
(1) A service provider required to make available, or produce, for 11
inspection a document under section 134(1) must comply with the 12
requirement, unless the person has a reasonable excuse. 13
Maximum penalty--50 penalty units. 14
(2) Despite section 136, it is not a reasonable excuse for an individual 15
not to comply with the requirement that complying with the requirement 16
might tend to incriminate the individual. 17
Division 3--Miscellaneous 18
136 Self incrimination and warning 19
(1) This section applies if-- 20
(a) an authorised officer makes a requirement of an individual; and 21
(b) under a provision of this part, it is an offence for the individual to 22
fail to comply with the requirement unless the individual has a 23
reasonable excuse. 24
(2) The individual does not commit an offence against the provision 25
unless, when making the requirement, the authorised officer warns the 26
individual it is an offence to fail to comply with the requirement unless the 27
individual has a reasonable excuse. 28
(3) It is a reasonable excuse for the individual to fail to comply with the 29
requirement that complying with the requirement might tend to incriminate 30
the individual. 31
s 137 79 s 138
Residential Services (Accreditation) Bill 2002
137 Notice of damage 1
(1) This section applies if-- 2
(a) an authorised officer damages property when exercising or 3
purporting to exercise a power; or 4
(b) a person (the "other person") acting under the direction or 5
authority of an authorised officer damages property. 6
(2) The authorised officer must, as soon as practicable, give notice of 7
particulars of the damage to the person who appears to the authorised 8
officer to be the owner of the property. 9
(3) The notice must state that the person may be entitled to claim 10
compensation from the chief executive under section 138. 11
(4) If the authorised officer believes the damage was caused by a latent 12
defect in the property or circumstances beyond the authorised officer's or 13
other person's control, the authorised officer may state the belief in the 14
notice. 15
(5) If, for any reason, it is impracticable to comply with subsection (2), 16
the authorised officer must leave the notice in a conspicuous position and in 17
a reasonably secure way where the damage happened. 18
(6) This section does not apply to damage the authorised officer 19
reasonably believes is trivial. 20
(7) In this section-- 21
"owner", of property, includes the person in possession or control of it. 22
138 Compensation 23
(1) A person may claim compensation from the chief executive if the 24
person incurs loss or damage because of the exercise or purported exercise 25
of a power under this part. 26
(2) Without limiting subsection (1), compensation may be claimed for 27
loss or damage incurred in complying with a requirement made of the 28
person under this part. 29
(3) Compensation may be claimed and ordered to be paid in a 30
proceeding-- 31
(a) brought in a court with jurisdiction for the recovery of the 32
amount of compensation claimed; or 33
s 139 80 s 142
Residential Services (Accreditation) Bill 2002
(b) for an offence against this Act brought against the person 1
claiming compensation. 2
(4) A court may order compensation to be paid only if satisfied it is just 3
to make the order in the circumstances of the particular case. 4
139 Alteration of certificates 5
A person must not alter a current registration certificate or accreditation 6
certificate without the chief executive's written authorisation. 7
Maximum penalty--10 penalty units. 8
140 False or misleading statements 9
A person must not state anything to an authorised officer that the person 10
knows is false or misleading in a material particular. 11
Maximum penalty--50 penalty units. 12
141 False or misleading documents 13
(1) A person must not give an authorised officer a document containing 14
information that the person knows is false or misleading in a material 15
particular. 16
Maximum penalty--50 penalty units. 17
(2) Subsection (1) does not apply to a person if the person, when giving 18
the document-- 19
(a) tells the authorised officer, to the best of the person's ability, how 20
it is false or misleading; and 21
(b) if the person has, or can reasonably obtain, the correct 22
information--gives the correct information. 23
142 Obstructing an authorised officer 24
(1) A person must not obstruct an authorised officer in the exercise of a 25
power, unless the person has a reasonable excuse. 26
Maximum penalty--100 penalty units. 27
s 143 81 s 145
Residential Services (Accreditation) Bill 2002
(2) If a person has obstructed an authorised officer and the officer 1
decides to proceed with the exercise of the power, the officer must warn the 2
person that-- 3
(a) it is an offence to obstruct the officer, unless the person has a 4
reasonable excuse; and 5
(b) the officer considers the person's conduct an obstruction. 6
(3) In this section-- 7
"obstruct" includes hinder and attempt to obstruct. 8
143 Impersonation of an authorised officer 9
A person must not pretend to be an authorised officer. 10
Maximum penalty--80 penalty units. 11
PART 9--COMPLIANCE PROCESSES 12
Division 1--Injunctions 13
144 Grant of injunction 14
(1) The chief executive may apply to the District Court for an injunction. 15
(2) The court may grant an injunction under this division against a 16
person at any time. 17
145 Grounds for injunction 18
The District Court may grant an injunction if the court is satisfied that a 19
person has engaged, or is proposing to engage, in conduct that constitutes 20
or would constitute-- 21
(a) contravening this Act; or 22
(b) attempting to contravene this Act; or 23
(c) aiding, abetting, counselling or procuring a person to contravene 24
this Act; or 25
s 146 82 s 147
Residential Services (Accreditation) Bill 2002
(d) inducing, or attempting to induce, whether by threats, promises 1
or otherwise, a person to contravene this Act; or 2
(e) being, in any way, directly or indirectly, knowingly concerned in, 3
or party to, the contravention by a person of this Act; or 4
(f) conspiring with others to contravene this Act. 5
146 Court's powers for injunctions 6
(1) The District Court's power to grant an injunction restraining a person 7
from engaging in conduct may be exercised-- 8
(a) whether or not it appears to the court that the person intends to 9
engage again, or to continue to engage, in conduct of that kind; 10
and 11
(b) whether or not the person has previously engaged in conduct of 12
that kind. 13
(2) The District Court's power to grant an injunction requiring a person 14
to do an act or thing may be exercised-- 15
(a) whether or not it appears to the court that the person intends to 16
fail again, or to continue to fail, to do the act or thing; and 17
(b) whether or not the person has previously failed to do the act or 18
thing. 19
(3) An interim injunction may be granted under this division until the 20
application is finally decided. 21
(4) The District Court may rescind or vary an injunction at any time. 22
147 Terms of injunction 23
(1) The District Court may grant an injunction in the terms the court 24
considers appropriate. 25
(2) Without limiting the court's power under subsection (1), an 26
injunction may be granted restraining a person from conducting a 27
residential service (whether or not the person is a service provider or the 28
residential service is conducted, or is to be conducted, as part of, or 29
incidental to, the carrying on of another activity or business)-- 30
(a) for a stated period; or 31
(b) except on stated terms and conditions. 32
s 148 83 s 150
Residential Services (Accreditation) Bill 2002
(3) Also, the court may grant an injunction requiring a person to take 1
stated action, including action to disclose information or publish 2
advertisements, to remedy any adverse consequences of the person's 3
contravention of this Act. 4
148 Undertaking as to costs 5
If the chief executive applies for an injunction under this division, no 6
undertaking as to damages or costs may be required or paid. 7
Division 2--Undertakings 8
149 Chief executive may seek undertaking after contravention 9
If the chief executive reasonably believes the service provider for a 10
residential service has contravened this Act, the chief executive may, by 11
notice given to the service provider-- 12
(a) state the act or omission the chief executive believes is the 13
contravention; and 14
(b) ask the service provider to give the chief executive a written 15
undertaking that the service provider will not continue or repeat 16
the act or omission. 17
150 Effect of undertaking 18
(1) This section applies if-- 19
(a) the service provider gives the undertaking and, if the 20
contravention is conduct consisting of a series of acts or 21
omissions, the service provider stops the conduct; and 22
(b) the chief executive accepts the undertaking. 23
(2) The chief executive can not start an offence proceeding against the 24
service provider for the contravention, unless the undertaking is withdrawn 25
under section 151.35 26
35 For some possible effects of contravening an undertaking, see sections 54
(Amendment of accreditation by chief executive) and 57 (Cancellation of
accreditation).
s 151 84 s 153
Residential Services (Accreditation) Bill 2002
151 Variation and withdrawal of undertaking 1
(1) This section applies if the chief executive accepts the undertaking. 2
(2) The service provider may vary or withdraw the undertaking at any 3
time, but only if the chief executive agrees to the variation or withdrawal. 4
(3) The chief executive may vary or withdraw the undertaking at any 5
time if the chief executive reasonably believes that-- 6
(a) before it was accepted, the service provider contravened this Act 7
in a way unknown to the chief executive; and 8
(b) had the chief executive known about the contravention, the chief 9
executive would not have accepted the undertaking or would not 10
have accepted it unless its terms were changed. 11
(4) The chief executive may also withdraw the undertaking if the chief 12
executive reasonably believes it is no longer necessary. 13
(5) If the chief executive varies or withdraws the undertaking, or agrees 14
to the variation or withdrawal of the undertaking, the chief executive must 15
give the service provider a notice of the variation or withdrawal. 16
(6) The variation or withdrawal takes effect when the service provider 17
receives the notice. 18
152 Register of undertakings 19
(1) The chief executive must keep a register containing a copy of each 20
undertaking given to the chief executive under this division. 21
(2) A person may inspect the register on payment of the fee prescribed 22
under a regulation. 23
Division 3--Compliance notice 24
153 Compliance notice 25
(1) This section applies if the chief executive reasonably believes the 26
service provider for a residential service-- 27
(a) is contravening a provision of this Act; or 28
(b) has contravened a provision of this Act in circumstances that 29
make it likely the contravention will continue or be repeated. 30
s 153 85 s 153
Residential Services (Accreditation) Bill 2002
(2) The chief executive may give the service provider a notice (a 1
"compliance notice") requiring the service provider to remedy the 2
contravention. 3
(3) The compliance notice must state the following-- 4
(a) that the chief executive reasonably believes the service 5
provider-- 6
(i) is contravening a provision of this Act; or 7
(ii) has contravened a provision of this Act in circumstances 8
that make it likely the contravention will continue or be 9
repeated; 10
(b) the provision the chief executive believes is being, or has been, 11
contravened (the "relevant provision"); 12
(c) briefly, how it is believed the relevant provision is being, or has 13
been, contravened; 14
(d) that the service provider must remedy the contravention within a 15
stated reasonable time; 16
(e) that it is an offence to fail to comply with the compliance notice 17
unless the service provider has a reasonable excuse. 18
(4) The compliance notice may also state the steps that the chief 19
executive reasonably believes are necessary to remedy the contravention, 20
or avoid further contravention, of the relevant provision. 21
(5) The service provider must comply with the compliance notice unless 22
the service provider has a reasonable excuse. 23
Maximum penalty--the maximum penalty for contravening the relevant 24
provision. 25
(6) The service provider can not be prosecuted for an offence against the 26
relevant provision unless the service provider fails to comply with the 27
compliance notice and does not have a reasonable excuse for the 28
noncompliance. 29
(7) The compliance notice may state other matters the chief executive 30
considers appropriate. 31
32
Example--
33
The compliance notice may refer to the chief executive's powers under this Act to
34
amend or cancel accreditation of the service.
s 154 86 s 155
Residential Services (Accreditation) Bill 2002
PART 10--REVIEWS AND APPEALS 1
Division 1--Reviewable decisions 2
154 Reviewable decisions 3
Schedule 1 states-- 4
(a) the decisions of the chief executive under this Act that are 5
reviewable decisions; and 6
(b) for each reviewable decision, the person who may seek to have 7
the decision reviewed under this part (the "interested person"). 8
155 Chief executive must give notice after making reviewable decision 9
(1) Immediately after making a reviewable decision, the chief executive 10
must give to the interested person a notice stating-- 11
(a) the reasons for the decision; and 12
(b) that, within 28 days after receiving the notice, the interested 13
person may apply to the chief executive for a review of the 14
decision; and 15
(c) how the interested person may apply for the review; and 16
(d) that, if the interested person applies for a review of the decision 17
and the matter is not resolved on the review, the interested person 18
may appeal against the decision on review to the Queensland 19
Building Tribunal. 20
(2) The chief executive may give a notice for the purpose of complying 21
with subsection (1) and for another purpose. 22
23
Example--
24
If the chief executive decides an application for the level 2 accreditation of a residential
25
service by refusing to accredit the service at that level, the chief executive may give the
26
applicant a notice stating--
27
(a) the matters required to be stated under subsection (1) about the decision; and
28
(b) for section 47(6)(b), the day by which the applicant must stop providing the
29
food service.
(3) Subsection (1) does not apply if the chief executive can not locate the 30
interested person after making reasonable enquiries. 31
s 156 87 s 157
Residential Services (Accreditation) Bill 2002
Division 2--Review of decision 1
156 Application for review 2
(1) This section applies to the interested person for a reviewable 3
decision. 4
(2) Within 28 days after the interested person receives a notice under 5
section 155 about the decision, the interested person may apply to the chief 6
executive to review the decision. 7
(3) The chief executive may extend the time for applying for the review. 8
(4) Also, the interested person may apply to the chief executive to review 9
the decision if the chief executive has not given the interested person a 10
notice under section 155 about the decision. 11
(5) The application must be in the approved form and supported by 12
enough information to enable the chief executive to decide the application. 13
157 Stay of operation of original decision 14
(1) An application under section 156 for review of a decision does not 15
stay the decision. 16
(2) However, before the decision takes effect, the chief executive may 17
give the interested person a notice staying the operation of the decision for 18
a stated period. 19
(3) The stay may be granted on conditions the chief executive considers 20
appropriate. 21
(4) Also, whether or not the applicant has asked the chief executive to 22
stay the operation of the decision, the applicant may apply to the 23
Queensland Building Tribunal for a stay of the decision. 24
(5) The tribunal may stay the decision to secure the effectiveness of the 25
review and any later appeal to the tribunal. 26
(6) The stay may be granted on conditions the tribunal considers 27
appropriate and has effect for the period stated by the tribunal. 28
(7) The period of the stay must not extend past the time when the chief 29
executive makes the review decision and any later period the tribunal 30
allows to enable the applicant to appeal against the review decision. 31
s 158 88 s 158
Residential Services (Accreditation) Bill 2002
158 Review decision 1
(1) This section applies to an application under section 156 for review of 2
a decision. 3
(2) Unless the chief executive made the original decision personally, the 4
chief executive must ensure the application is not dealt with by-- 5
(a) the person who made the original decision; or 6
(b) a person in a less senior office than the person who made the 7
original decision. 8
(3) Within 28 days after receiving the application, the chief executive 9
must review the original decision and make a decision (the "review 10
decision")-- 11
(a) confirming the original decision; or 12
(b) amending the original decision; or 13
(c) substituting another decision for the original decision. 14
(4) Immediately after deciding the application, the chief executive must 15
give the interested person a notice stating-- 16
(a) the review decision; and 17
(b) the reasons for the review decision; and 18
(c) that, within 28 days after receiving the notice, the interested 19
person may appeal against the review decision to the Queensland 20
Building Tribunal; and 21
(d) how the interested person may appeal. 22
(5) If the chief executive does not decide the application within 28 days 23
after receiving it, the chief executive is taken to have made a review 24
decision confirming the original decision. 25
s 159 89 s 160
Residential Services (Accreditation) Bill 2002
Division 3--Appeal against decision 1
159 Appeal against review decision 2
(1) Within 28 days after receiving a decision notice for a review 3
decision, the interested person for the decision may appeal against the 4
decision to the Queensland Building Tribunal.36 5
(2) Also, if the chief executive has made a review decision but has not 6
given the interested person a decision notice for the decision, the interested 7
person for the decision may appeal against the decision to the tribunal. 8
(3) If the interested person has received a decision notice for the review 9
decision, the application filed in the tribunal to start the appeal must be 10
accompanied by a copy of the decision notice. 11
(4) In this section-- 12
"decision notice", for a review decision, means a notice under 13
section 158(4) about the decision. 14
160 Appeal is by way of rehearing 15
(1) The appeal to the Queensland Building Tribunal is by way of 16
rehearing on the evidence that was before the chief executive. 17
(2) However, the tribunal may give leave to the interested person to 18
adduce fresh, additional or substituted evidence (the "new evidence") if 19
the tribunal is satisfied-- 20
(a) the interested person did not know, or could not reasonably be 21
expected to have known, of the existence of the new evidence on 22
or before the day the review decision was made; or 23
(b) in the special circumstances of the case, it would be unfair not to 24
allow the interested person to adduce the new evidence. 25
(3) If the tribunal gives leave under subsection (2), the tribunal may-- 26
(a) adjourn the proceeding to allow the chief executive to reconsider 27
the review decision together with the new evidence; or 28
(b) continue with the appeal by way of rehearing on the evidence 29
that was before the chief executive and on the new evidence. 30
36 See Queensland Building Tribunal Act 2000, section 29 (Start of proceedings).
s 161 90 s 163
Residential Services (Accreditation) Bill 2002
(4) However, if the chief executive asks the tribunal for an adjournment 1
to allow the chief executive to reconsider the review decision together with 2
the new evidence, the tribunal must adjourn the proceeding for a stated 3
reasonable time. 4
161 Deciding the appeal 5
(1) The Queensland Building Tribunal may-- 6
(a) confirm, vary or reverse the review decision; or 7
(b) set aside the review decision, wholly or partly, and return the 8
matter, wholly or partly, to the chief executive with the directions 9
it considers appropriate. 10
(2) The tribunal may also make consequential orders and directions. 11
162 Stay of operation of review decision 12
(1) The Queensland Building Tribunal may make an order staying the 13
operation of the review decision. 14
(2) The stay may be granted on conditions the tribunal considers 15
appropriate and has effect for the period stated by the tribunal. 16
(3) The period of the stay must not extend past the time when the 17
tribunal decides the appeal. 18
(4) The appeal does not affect the operation of the review decision unless 19
the tribunal stays the decision. 20
163 Effect of decision 21
If the Queensland Building Tribunal amends the review decision or 22
substitutes another decision for the review decision, the amended or 23
substituted decision is, for this Act (other than this part) taken to be the 24
chief executive's decision. 25
s 164 91 s 167
Residential Services (Accreditation) Bill 2002
PART 11--PROCEEDINGS 1
Division 1--Evidence 2
164 Application of div 1 3
This division applies to a proceeding under this Act. 4
165 Appointments and authority 5
It is not necessary to prove the appointment of the chief executive, an 6
associated accreditation officer or an authorised officer, or the authority of 7
the chief executive or an authorised officer to do anything under this Act, 8
unless a party, by reasonable notice, requires proof of the appointment or 9
authority. 10
166 Signatures 11
A signature purporting to be the signature of the chief executive or an 12
authorised officer is evidence of the signature it purports to be. 13
167 Other evidentiary aids 14
A certificate purporting to be signed by the chief executive and stating 15
any of the following matters is evidence of the matter-- 16
(a) a stated document is one of the following things made, given, 17
issued or kept under this Act-- 18
(i) an appointment, approval or decision; 19
(ii) a notice, direction or requirement; 20
(iii) a registration certificate; 21
(iv) an accreditation certificate; 22
(v) a record or an extract from a record; 23
(vi) the register of residential services or an extract from the 24
register; 25
(b) a stated document is a copy of a document mentioned in 26
paragraph (a); 27
s 168 92 s 168
Residential Services (Accreditation) Bill 2002
(c) on a stated day, or during a stated period-- 1
(i) a residential service was or was not registered; or 2
(ii) a stated person was or was not registered as the service 3
provider for a registered service; or 4
(iii) premises were or were not the registered premises, or part of 5
the registered premises, for a registered service; or 6
(iv) the registration of a continuing service under part 1337 was 7
or was not subject to a stated condition; or 8
(v) a residential service was or was not accredited at a stated 9
level; or 10
(vi) the accreditation of a residential service at a stated level was 11
or was not subject to a stated condition; 12
(d) on a stated day, the registration of a residential service was 13
cancelled; 14
(e) on a stated day, the accreditation of a residential service at a 15
stated level was cancelled; 16
(f) on a stated day, or during a stated period, an appointment as an 17
administrator to a residential service, associated accreditation 18
officer or authorised officer was, or was not, in force for a stated 19
person; 20
(g) on a stated day, a stated person was given a stated notice or 21
direction under this Act; 22
(h) on a stated day, a stated requirement was made of a stated person. 23
Division 2--Offence proceedings 24
168 Summary proceedings for offences 25
(1) A proceeding for an offence against this Act must be taken in a 26
summary way under the Justices Act 1886. 27
(2) The proceeding must start-- 28
(a) within 1 year after the offence is committed; or 29
37 Part 13 (Transitional)
s 169 93 s 171
Residential Services (Accreditation) Bill 2002
(b) within 6 months after the offence comes to the complainant's 1
knowledge, but within 2 years after the offence is committed. 2
169 Statement of complainant's knowledge 3
In a complaint starting a proceeding for an offence against this Act, a 4
statement that the matter of the complaint came to the complainant's 5
knowledge on a stated day is evidence of when the matter came to the 6
complainant's knowledge. 7
170 False or misleading information or statements 8
In a proceeding for an offence against this Act defined as involving false 9
or misleading information, or a false or misleading statement, it is enough 10
for a charge to state that the information or statement was, without 11
specifying which, `false or misleading'. 12
171 Responsibility for acts or omissions of representatives 13
(1) This section applies in a proceeding for an offence against this Act. 14
(2) If it is relevant to prove a person's state of mind about a particular act 15
or omission, it is enough to show-- 16
(a) the act was done or omitted to be done by a representative of the 17
person within the scope of the representative's actual or apparent 18
authority; and 19
(b) the representative had the state of mind. 20
(3) An act done or omitted to be done for a person by a representative of 21
the person within the scope of the representative's actual or apparent 22
authority is taken to have been done or omitted to be done also by the 23
person, unless the person proves the person could not, by the exercise of 24
reasonable diligence, have prevented the act or omission. 25
(4) In this section-- 26
"representative" means-- 27
(a) for a corporation--an executive officer, employee or agent of the 28
corporation; or 29
(b) for an individual--an employee or agent of the individual. 30
"state of mind", of a person, includes-- 31
s 172 94 s 173
Residential Services (Accreditation) Bill 2002
(a) the person's knowledge, intention, opinion, belief or purpose; 1
and 2
(b) the person's reasons for the intention, opinion, belief or purpose. 3
172 Executive officers must ensure corporation complies with Act 4
(1) The executive officers of a corporation must ensure the corporation 5
complies with this Act. 6
(2) If a corporation commits an offence against a provision of this Act, 7
each of the corporation's executive officers also commits an offence, 8
namely, the offence of failing to ensure the corporation complies with the 9
provision. 10
Maximum penalty--the penalty for the contravention of the provision by 11
an individual. 12
(3) Evidence that the corporation has been convicted of an offence 13
against a provision of this Act is evidence that each of the executive 14
officers committed the offence of failing to ensure the corporation 15
complies with the provision. 16
(4) However, it is a defence for an executive officer to prove-- 17
(a) if the officer was in a position to influence the conduct of the 18
corporation in relation to the offence, the officer exercised 19
reasonable diligence to ensure the corporation complied with the 20
provision; or 21
(b) otherwise, the officer was not in a position to influence the 22
conduct of the corporation in relation to the offence. 23
PART 12--MISCELLANEOUS 24
Division 1--Reprisals 25
173 Reprisal and grounds for reprisals 26
(1) A person must not cause, or attempt or conspire to cause, detriment 27
to another person in retaliation because, or in the belief that-- 28
s 174 95 s 175
Residential Services (Accreditation) Bill 2002
(a) anybody has made, or may make, a complaint to the chief 1
executive about the conduct of a residential service; or 2
(b) anybody has given, or may give, information to the chief 3
executive about the conduct of a residential service; or 4
(c) anybody has provided information about an alleged offence 5
against this Act to a person for the purpose of having the alleged 6
offence investigated or prosecuted; or 7
(d) anybody has given, or may give, evidence to a court in 8
proceedings for an offence against this Act. 9
(2) An attempt to cause detriment includes an attempt to induce a person 10
to cause detriment. 11
(3) A contravention of subsection (1) is a reprisal or the taking of a 12
reprisal. 13
(4) A ground mentioned in subsection (1) as the ground for a reprisal is 14
the unlawful ground for the reprisal. 15
(5) For the contravention to happen, it is sufficient if the unlawful ground 16
is a substantial ground for the act or omission that is the reprisal, even if 17
there is another ground for the act or omission. 18
174 Offence for taking reprisal 19
A person who takes a reprisal commits an offence. 20
Maximum penalty--100 penalty units. 21
175 Damages entitlement for reprisal 22
(1) A reprisal is a tort and a person who takes a reprisal is liable in 23
damages to any person who suffers detriment as a result. 24
(2) Any appropriate remedy that may be granted by a court for a tort may 25
be granted by a court for the taking of a reprisal. 26
(3) If the claim for damages goes to trial in the Supreme Court or the 27
District Court, it must be decided by a judge sitting without a jury. 28
s 176 96 s 177
Residential Services (Accreditation) Bill 2002
Division 2--Reporting matters of concern to other entities 1
176 Reporting a matter relating to the accommodation Act 2
(1) This section applies if, in the course of carrying out a function or 3
exercising a power under this Act, a public service officer becomes aware 4
of a matter that the officer reasonably believes is a contravention of the 5
accommodation Act. 6
(2) The officer must report the matter to the chief executive officer 7
unless-- 8
(a) the officer knows, or reasonably supposes, that the chief 9
executive officer is aware of the matter; or 10
(b) the officer reasonably believes the contravention is trivial. 11
177 Matters arising under other Acts 12
(1) This section applies if, in the course of carrying out a function or 13
exercising a power under a prescribed Act, a public service officer becomes 14
aware of a matter that the officer reasonably believes-- 15
(a) is a contravention of this Act; or 16
(b) concerns the conduct of a residential service and is adversely 17
affecting the health, safety or wellbeing of a resident in the 18
service. 19
(2) The officer must report the matter to the chief executive, unless the 20
officer knows, or reasonably supposes, that the chief executive is aware of 21
the matter. 22
(3) In this section-- 23
"prescribed Act" means-- 24
(a) the Guardianship and Administration Act 2000; or 25
(b) the Health Rights Commission Act 1991; or 26
(c) the Powers of Attorney Act 1998; or 27
(d) the Public Trustee Act 1978. 28
s 178 97 s 179
Residential Services (Accreditation) Bill 2002
178 Corresponding laws 1
(1) This section applies if, in the course of carrying out a function or 2
exercising a power under this Act, the chief executive gains information 3
that the chief executive reasonably believes is relevant to the administration 4
of a law of another State about the conduct of residential services. 5
(2) The chief executive may give the information to the chief executive 6
of the department in which that law is administered. 7
Division 3--Other matters 8
179 Register of residential services 9
(1) The chief executive must keep a register of residential services. 10
(2) The register must show-- 11
(a) for each registered service-- 12
(i) the particulars shown on the registration certificate; and 13
(ii) the particulars shown on any accreditation certificate; and 14
(iii) for any application for accreditation of the service that has 15
been made but not decided-- 16
(A) the date of the application; and 17
(B) the level of accreditation applied for; and 18
(b) for each residential service that is no longer registered-- 19
(i) the day the service stopped being registered; and 20
(ii) the particulars shown on the registration certificate in force 21
immediately before the cessation; and 22
(iii) the particulars shown on any accreditation certificate in 23
force immediately before the cessation. 24
(3) The register may be kept in any way the chief executive considers 25
appropriate. 26
(4) On payment of the fee prescribed under a regulation, a person may-- 27
(a) inspect the register; or 28
(b) obtain a certificate from the chief executive stating information 29
shown in the register. 30
s 180 98 s 181
Residential Services (Accreditation) Bill 2002
180 Confidentiality 1
(1) This section applies to a person-- 2
(a) who is, or has been, the chief executive, a public service 3
employee in the department, an administrator, an associated 4
accreditation officer or an authorised officer; and 5
(b) who, in the course of administering this Act or because of 6
opportunity provided by involvement in administering this Act-- 7
(i) acquired confidential information about someone else; or 8
(ii) gained access to a document containing confidential 9
information about someone else. 10
(2) The person must not make a record of the information, disclose the 11
information to anyone else or give access to the document containing the 12
information to anyone else, other than-- 13
(a) for a purpose of this Act; or 14
(b) with the consent of the person to whom the information relates; 15
or 16
(c) in compliance with lawful process requiring production of 17
documents or giving of evidence before a court or tribunal; or 18
(d) as expressly permitted or required by another Act. 19
Maximum penalty--50 penalty units. 20
(3) In this section-- 21
"confidential information" means information about a person's affairs, 22
including the person's criminal history, but does not include-- 23
(a) information that is publicly available; or 24
(b) statistical or other information that could not reasonably be 25
expected to result in the identification of the person to whom it 26
relates. 27
181 Delegation by chief executive 28
(1) The chief executive may delegate the chief executive's powers under 29
this Act to an appropriately qualified public service officer. 30
(2) A delegation of a power may permit the subdelegation of the power 31
to an appropriately qualified public service officer. 32
s 182 99 s 184
Residential Services (Accreditation) Bill 2002
(3) In this section-- 1
"appropriately qualified" includes having qualifications, experience or 2
standing appropriate to exercise the power. 3
4
Example of `standing'--
5
A person's classification level in the public service.
182 Protection from liability 6
(1) An official does not incur civil liability for an act done, or omission 7
made, honestly and without negligence under this Act. 8
(2) If subsection (1) prevents a civil liability attaching to an official, the 9
liability attaches instead to the State. 10
(3) In this section-- 11
"official" means-- 12
(a) the chief executive; or 13
(b) an administrator; or 14
(c) an associated accreditation officer; or 15
(d) an authorised officer; or 16
(e) a person acting under the direction of the chief executive or an 17
authorised officer. 18
183 Approved forms 19
The chief executive may approve forms for use under this Act. 20
184 Regulation-making power 21
(1) The Governor in Council may make regulations under this Act. 22
(2) A regulation may do any of the following-- 23
(a) impose a fee; 24
(b) prescribe requirements, relating to premises in which a 25
residential service is being, or is proposed to be, conducted, for 26
ensuring all the occupants of the premises may be safely 27
evacuated in the event of a fire; 28
s 185 100 s 186
Residential Services (Accreditation) Bill 2002
(c) prescribe other requirements relating to a residential service for 1
protecting the health, safety or other interests of residents; 2
(d) impose a penalty of not more than 20 penalty units for a 3
contravention of a regulation. 4
PART 13--TRANSITIONAL 5
Division 1--Preliminary 6
185 Definitions for pt 13 7
In this part-- 8
"apply for accreditation", of a continuing service, means apply under 9
part 3 for accreditation of the service. 10
"apply for registration", of a continuing service, means apply under 11
part 2 for registration of the service. 12
"commencement day" means the day this part commences. 13
"continuing service" means a residential service that was being conducted 14
immediately before the commencement day. 15
"due day"-- 16
(a) for applying for registration of a continuing service, see 17
section 186; or 18
(b) for applying for accreditation of a continuing service, see 19
division 3. 20
Division 2--Registration of continuing services 21
186 Due day for applying for registration 22
The due day for applying for registration of a continuing service is-- 23
(a) if, in the course of the continuing service, a personal care service 24
was being provided immediately before the commencement day 25
and a personal care service is being provided 1 year after the 26
s 187 101 s 188
Residential Services (Accreditation) Bill 2002
commencement day--the day that is 1 year after the 1
commencement day; or 2
(b) otherwise--the day that is 2 years after the commencement day. 3
187 Requirement for continuing service to be registered 4
(1) Section 938 does not apply to a continuing service before the day 5
following the due day. 6
(2) If an application to register the service is current on the due day, 7
section 9 does not apply to the service until-- 8
(a) if the application is withdrawn or lapses after the due day--the 9
day the application is withdrawn or lapses; or 10
(b) if the chief executive decides the application by registering the 11
service--the day the service is registered; or 12
(c) if the chief executive decides the application by refusing to 13
register the service--the day, stated in the notice given under 14
section 191,39 by which the service provider must stop 15
conducting the service. 16
188 Lapsing of application 17
(1) This section applies if an application to register a continuing service 18
is made on or before the due day. 19
(2) The chief executive may make a requirement under section 10(3),40 20
for information to decide the application, by giving the applicant a notice 21
stating-- 22
(a) the required information; and 23
(b) the time by which the information must be given to the chief 24
executive; and 25
(c) that, if the information is not given to the chief executive by the 26
stated time, the application will lapse. 27
38 Section 9 (Requirement to be registered)
39 Section 191 (Notice of refusal to register continuing service)
40 Section 10 (Application for registration)
s 189 102 s 190
Residential Services (Accreditation) Bill 2002
(3) The time stated must be reasonable and, in any case, at least 14 days 1
after the requirement is made. 2
(4) The chief executive may give the applicant a further notice extending 3
the stated time if the chief executive is satisfied it would be reasonable in 4
all the circumstances to give the extension. 5
(5) If the applicant does not comply with the requirement within the 6
stated time, or any extension, the application lapses. 7
189 Compliance with building and fire safety requirements 8
(1) This section applies to an application to register a continuing service 9
made on or before the due day. 10
(2) The applicant need not comply with section 10(2)(d)(i). 11
(3) However, if the application is not accompanied by a building 12
compliance notice for the premises issued within the previous 12 months-- 13
(a) the application must be accompanied by a notice from the local 14
government for the local government area in which the premises 15
are situated, issued within the previous 12 months, stating the 16
extent to which the premises comply with the prescribed building 17
requirements; and 18
(b) the chief executive must not register the service unless the chief 19
executive is satisfied the premises are safe and substantially 20
comply with the prescribed building requirements. 21
190 Registration on conditions 22
(1) This section applies if the chief executive is not satisfied the 23
premises fully comply with the prescribed building requirements. 24
(2) The chief executive may register the continuing service on 25
conditions the chief executive considers appropriate to ensure the premises 26
are improved to a level that fully complies with the prescribed building 27
requirements within a reasonable time.41 28
29
Example--
30
A condition that stated building work in the registered premises be completed by a
31
stated date.
41 See schedule 1 (Reviewable decisions).s
s 191 103 s 192
Residential Services (Accreditation) Bill 2002
(3) The registration certificate for the service must state any conditions 1
applying to the registration. 2
(4) While the service is registered under this section on 1 or more 3
conditions, the chief executive may cancel the registration, impose a new 4
condition, amend a condition or omit a condition under part 3, division 542 5
and, for that purpose, part 3, division 5 applies to the registration, with all 6
necessary changes, as if-- 7
(a) a reference to accreditation were a reference to registration; and 8
(b) a reference to the accreditation criteria were a reference to the 9
prescribed building requirements. 10
(5) The service provider for a continuing service must not contravene a 11
condition on which the service is registered. 12
Maximum penalty for subsection (5)--100 penalty units. 13
191 Notice of refusal to register continuing service 14
(1) This section applies if an application to register a continuing service 15
is made on or before the due day. 16
(2) If the chief executive decides the application by refusing to register 17
the service, the chief executive must give the applicant a notice of the 18
decision stating the day, not earlier than 14 days after the notice is given, by 19
which the service provider must stop conducting the service. 20
192 Register 21
(1) This section applies to each application for registration of a 22
continuing service made within 2 years after the commencement day. 23
(2) The chief executive must record on the register of residential services 24
the following particulars of the application-- 25
(a) the applicant's name; 26
(b) the address of the premises to which the application relates; 27
(c) the date of the application; 28
(d) once the application is decided, the decision. 29
42 Part 3 (Accreditation), division 5 (Dealings with accreditation)
s 193 104 s 196
Residential Services (Accreditation) Bill 2002
(3) The particulars must remain on the register until the later of the 1
following days-- 2
(a) the day that is 2 years after the commencement day; 3
(b) the day that is 1 month after the application is decided. 4
Division 3--Accreditation of continuing services 5
193 Application of div 3 6
This division applies to the accreditation of a continuing service. 7
194 Continuing service with no food service or personal care service 8
(1) This section applies if, immediately before the commencement day, 9
neither a food service nor a personal care service was being provided in the 10
course of the continuing service. 11
(2) For section 35,43 the due day for applying for the level 1 accreditation 12
of the service is the day that is 4 years after the commencement day. 13
195 Continuing service with food service only 14
(1) This section applies if, immediately before the commencement day, a 15
food service but not a personal care service was being provided in the 16
course of the continuing service. 17
(2) For section 35, the due day for applying for the level 1 accreditation 18
of the service is the day that is 3 years after the commencement day. 19
(3) For section 36,44 the due day for applying for the level 2 accreditation 20
of the service is the day that is 3 years after the commencement day. 21
196 Continuing service with personal care service only 22
(1) This section applies if, immediately before the commencement day, a 23
personal care service but not a food service was being provided in the 24
course of the continuing service. 25
43 Section 35 (Requirement to be accredited at level 1)
44 Section 36 (Requirement to be accredited at level 2)
s 197 105 s 198
Residential Services (Accreditation) Bill 2002
(2) For section 35, the due day for applying for the level 1 accreditation 1
of the service is the day that is 2 years after the commencement day. 2
(3) For section 38,45 the due day for applying for the level 3 accreditation 3
of the service is the day that is 2 years after the commencement day. 4
197 Continuing service with food service and personal care service 5
(1) This section applies if, immediately before the commencement day, a 6
food service and a personal care service were being provided in the course 7
of the continuing service. 8
(2) For section 35, the due day for applying for the level 1 accreditation 9
of the service is the day that is 2 years after the commencement day. 10
(3) For section 36, the due day for applying for the level 2 accreditation 11
of the service is the day that is 2 years after the commencement day. 12
(4) For section 38, the due day for applying for the level 3 accreditation 13
of the service is the day that is 2 years after the commencement day. 14
198 Compliance with building and fire safety requirements 15
An application for the level 1 accreditation of a continuing service must 16
be accompanied by-- 17
(a) a building compliance notice for the registered premises issued 18
within the previous 12 months; and 19
(b) the prescribed fire safety document for the registered premises. 20
45 Section 38 (Requirement to be accredited at level 3)
106
Residential Services (Accreditation) Bill 2002
SCHEDULE 1 1
REVIEWABLE DECISIONS 2
section 154 3
interested person reviewable decision
applicant for · to refuse to register the service (s 10(4))
registration of a
residential service
service provider for a · to cancel registration of the service
residential service (s 15(3))
· to refuse to accredit the service (s 47(4))
· to accredit the service on a condition
(s 47(5))
· to refuse to renew the accreditation of the
service (s 50(5))
· to refuse to extend the period of
accreditation (s 51(3))
· to refuse to amend the accreditation of the
service in a way the service provider has
applied for (s 53(3))
· to amend the accreditation of the service
other than in a way the service provider
has applied for (s 54(3) or 55(2))
· to cancel the accreditation of the service
(s 57(3))
· to refuse an application for a replacement
accreditation certificate (s 60(3))
· to refuse an application to amend the
registration of the service to show new
premises as the registered premises
(s 64(4))
107
Residential Services (Accreditation) Bill 2002
SCHEDULE 1 (continued)
interested person reviewable decision
applicant for · to refuse to register the applicant as the
registration as the service provider for the service (s 61(4))
service provider for a
registered service
personal · to refuse to extend the transitional
representative of the registration period (s 70(5))
estate of a service
provider who has died
applicant for · to register the service on a condition
registration of a (s 190(2))
continuing service
under part 131
1 Part 13 (Transitional)
108
Residential Services (Accreditation) Bill 2002
SCHEDULE 2 1
DICTIONARY 2
section 3 3
"accommodation Act" means the Residential Services (Accommodation) 4
Act 2002. 5
"accreditation criteria" means level 1, 2 or 3 accreditation criteria. 6
"accreditation decision" see section 41. 7
"accredited service" means a residential service that is accredited under 8
this Act. 9
"applicant", for part 2, division 4,46 see section 18. 10
"approved form" means a form approved under section 183. 11
"associate", of a service provider or applicant, means a person who is an 12
associate of the service provider or applicant under section 19. 13
"associated accreditation officer" means a person appointed as an 14
associated accreditation officer under section 102. 15
"authorised officer" means a person appointed as an authorised officer 16
under section 106. 17
"budget accommodation building" see the Building Act 1975, 18
section 12B. 19
"building compliance notice", for premises, means a notice, issued by the 20
local government for the local government area in which the premises 21
are situated, stating that the premises comply with the prescribed 22
building requirements. 23
"chief executive officer" means the chief executive officer of the 24
Residential Tenancies Authority established under the Residential 25
Tenancies Act 1994. 26
"conviction" means a conviction other than a spent conviction. 27
46 Part 2 (Registration), division 4 (Suitability of service provider and associates)
109
Residential Services (Accreditation) Bill 2002
SCHEDULE 2 (continued)
"criminal history", of a person, means the convictions recorded against 1
the person for offences, in Queensland or elsewhere, whether before 2
or after the commencement of this Act. 3
"current"-- 4
An application is "current" if it has been made under this Act and has 5
not been decided, has not been withdrawn and has not lapsed. 6
"decision notice" see the Integrated Planning Act 1997, section 3.5.15. 7
"development application" see the Integrated Planning Act 1997, 8
schedule 10. 9
"disability services department" means the department in which the 10
Disability Services Act 1992 is administered. 11
"disqualifying offence" means any of the following offences-- 12
(a) an offence, punishable by 3 or more years imprisonment, 13
involving fraud or dishonesty; 14
(b) an offence against the Criminal Code, part 4 or 5;47 15
(c) an act or omission committed outside Queensland that, if 16
committed in Queensland, would be an offence mentioned in 17
paragraph (a) or (b). 18
"education department" means the department in which the Education 19
(General Provisions) Act 1989 is administered. 20
"executive officer", of a corporation, means a person who is concerned 21
with, or takes part in, the corporation's management, whether or not 22
the person is a director or the person's position is given the name of 23
executive officer. 24
"facilities" includes furniture and equipment. 25
"fire safety management plan" means-- 26
(a) for premises that are a budget accommodation building--see the 27
Fire and Rescue Service Act 1990, section 104FC; or 28
(b) for other premises--see section 75. 29
47 Criminal Code, part 4 (Acts injurious to the public in general) or 5 (Offences against
the person and relating to marriage and parental rights and duties and against the
reputation of individuals)
110
Residential Services (Accreditation) Bill 2002
SCHEDULE 2 (continued)
"food service" means a service of regularly providing meals to a resident. 1
"house rules", for premises in which a residential service is being 2
conducted, means the rules in force for the premises under the 3
accommodation Act, part 6. 4
"housing department" means the department in which the State Housing 5
Act 1945 is administered. 6
"information" includes a document. 7
"interested person", for a reviewable decision, see section 154. 8
"level 1 accreditation criteria" means the matters under section 42. 9
"level 2 accreditation criteria" means the matters under section 43. 10
"level 3 accreditation criteria" means the matters under section 44. 11
"notice" means a written notice. 12
"owner", for part 8, division 2, subdivision 4,48 see section 122. 13
"personal care service" means a service of regularly providing a resident 14
with-- 15
(a) help in-- 16
(i) bathing, toileting or another activity related to personal 17
hygiene; or 18
(ii) dressing or undressing; or 19
(iii) consuming a meal; or 20
(iv) meeting a mobility problem of the resident; or 21
(v) taking medication; or 22
(b) help in managing the resident's financial affairs. 23
"premises" include a part of premises. 24
"prescribed building requirements" see section 28. 25
"prescribed fire safety document", for premises, means the prescribed 26
fire safety document for the premises under section 33. 27
48 Part 8 (Investigation and enforcement), division 2 (Powers of authorised officers),
subdivision 4 (Power to seize evidence)
111
Residential Services (Accreditation) Bill 2002
SCHEDULE 2 (continued)
"Queensland Building Tribunal" means the Queensland Building 1
Tribunal established under the Queensland Building Tribunal Act 2
2000. 3
"registered premises" means premises registered under this Act as 4
premises in which a residential service is conducted. 5
"registered service" means a residential service registered under this Act. 6
"register of residential services" means the register kept under 7
section 179. 8
"relative" of a person-- 9
(a) means the person's spouse, child, grandchild, great-grandchild, 10
parent, grandparent, great-grandparent, brother, sister, uncle, 11
aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, 12
son-in-law, sister-in-law or brother-in-law; and 13
(b) for an Aboriginal person--includes a person who, under 14
Aboriginal tradition, is regarded as a relative of the Aboriginal 15
person; and 16
(c) for a Torres Strait Islander person--includes a person who, under 17
Island custom, is regarded as a relative of the Torres Strait 18
Islander person. 19
"rent" means an amount of money, or other consideration, given in return 20
for the provision of accommodation by a person and any related 21
services provided by the person. 22
"resident" see section 5. 23
"residential service" see section 4. 24
"residential services Act" means this Act or the accommodation Act. 25
"reviewable decision" means a decision stated in schedule 1. 26
"review decision" see section 158(3). 27
"school" means-- 28
(a) a State school within the meaning of the Education (General 29
Provisions) Act 1989; or 30
(b) a school that is accredited, or provisionally accredited, under the 31
Education (Accreditation of Non-State Schools) Act 2001. 32
112
Residential Services (Accreditation) Bill 2002
SCHEDULE 2 (continued)
"self-contained unit" means a part of a building, forming a self-contained 1
residence, that is under the exclusive possession of the occupier and 2
includes kitchen, bathroom and toilet facilities. 3
"service provider" see section 6 and, for part 2, division 4,49 see 4
section 18. 5
"spent conviction" means a conviction-- 6
(a) for which the rehabilitation period under the Criminal Law 7
(Rehabilitation of Offenders) Act 1986 has expired under that 8
Act; and 9
(b) that is not revived as prescribed by section 11 of that Act. 10
"staff", of a residential service, includes a volunteer and a resident who 11
participates in the conduct of the service. 12
"Supported Accommodation Assistance Program" means the program, 13
conducted under an agreement between the Commonwealth and the 14
State, known as the `Supported Accommodation Assistance Program' 15
or, if the program is continued under another name, the program as 16
continued under the other name. 17
"takes a reprisal" see section 173. 18
"transitional registration period" see section 70(2). 19
© State of Queensland 2002
49 Part 2 (Registration), division 4 (Suitability of service provider and associates)
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