Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RESIDENTIAL SERVICES
(ACCOMMODATION) BILL
2002
Queensland
RESIDENTIAL SERVICES
(ACCOMMODATION) BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2--Interpretation
3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Meaning of "residential service agreement" . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 3--Application and object
5 Explanation about relationship with other Acts . . . . . . . . . . . . . . . . . . . . . . 11
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Object . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Rights and remedies of persons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 2--RIGHTS AND RESPONSIBILITIES OF RESIDENTS
AND SERVICE PROVIDERS
9 Resident's responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 Service provider's responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
PART 3--RESIDENTIAL SERVICE AGREEMENTS
11 Terms of agreement include responsibilities under Act etc. . . . . . . . . . . . . . 14
12 Standard terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
13 Special terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
14 Contracting out prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Written agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
17 Resident's copy of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
2
Residential Services (Accommodation) Bill 2002
PART 4--RENT
Division 1--Records
18 Receipts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Keeping records. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 False, misleading or incomplete rent record . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Amount of rent
21 Rent increases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Rent decreases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Charge for utility service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 3--Other provisions about rent
24 How rent is to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
25 Where rent is to be paid. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
26 Rent in advance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Seizure of resident's property for rent etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 5--RENTAL BONDS
Division 1--Payments to authority
28 Meaning of "rental bond" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Meaning of "rental bond contributor" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Duty to pay rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Duty to pay rental bond instalments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
32 Duty to pay rental bond if financial protection given . . . . . . . . . . . . . . . . . . 24
33 Acknowledging receipt of rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
34 No entitlement to interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
35 Continuance of rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Division 2--Payments by authority
36 Purpose of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
37 Making payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
38 Application for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
39 Payment to party on joint application or other party's direction . . . . . . . . . . 26
40 Payment to coresidents on service provider's direction . . . . . . . . . . . . . . . . 26
41 Payment to service provider on service provider's own direction. . . . . . . . . 27
42 Payment to resident on resident's own direction . . . . . . . . . . . . . . . . . . . . . . 28
3
Residential Services (Accommodation) Bill 2002
43 Payment on coresident's direction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
44 Allowed period for notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
45 Tribunal order about payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Payment to rental bond supplier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Limitation affecting payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
48 Discontinuance of application for payment. . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Payment under person's direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 3--Enforcement provisions
50 Receipt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
51 Payments above maximum amount. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Order for payment if guilty of offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 4--Miscellaneous
53 Increase in rental bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Rental bond resulting from rent decrease . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 6--HOUSE RULES
Division 1--General
55 House rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Prescribed rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
57 Rules made by the service provider . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 2--Rule changes
58 Meaning of "rule change" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Notice of proposed rule change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Withdrawal of proposed rule change. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Objection to proposed rule change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Application to tribunal about proposed rule change . . . . . . . . . . . . . . . . . . . 37
Division 3--Publication of house rules
63 Proposed resident to be given a copy of house rules. . . . . . . . . . . . . . . . . . . 38
64 Display of house rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
PART 7--ENTRY TO RESIDENTS' ROOMS
65 Unauthorised entry to resident's room . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
66 Entry with resident's agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Entry to carry out inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
4
Residential Services (Accommodation) Bill 2002
68 Entry after giving notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
69 Entry without notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
70 General qualifications about entry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
71 Entry by service provider's agent or other person. . . . . . . . . . . . . . . . . . . . . 41
PART 8--CONDITION REPORTS
72 Application of pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Condition report at start of residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
74 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
PART 9--ENDING OF RESIDENTIAL SERVICE AGREEMENTS
AND RELATED MATTERS
Division 1--General
75 Ending of agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
76 Purporting to end agreement in unauthorised way . . . . . . . . . . . . . . . . . . . . 44
Division 2--Action by service provider
77 Notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
78 Notice to leave because of failure to remedy breach. . . . . . . . . . . . . . . . . . . 45
79 Notice to leave immediately because of serious breach . . . . . . . . . . . . . . . . 46
80 Notice to leave if premises destroyed etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
81 Ending of agreement by service provider without ground . . . . . . . . . . . . . . 47
82 Power to remove resident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Action by resident
83 Notice to remedy breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
84 Notice ending fixed term agreement because of failure to remedy breach . . 49
85 Notice ending agreement if premises destroyed etc. . . . . . . . . . . . . . . . . . . . 50
86 Ending of agreement by resident without ground . . . . . . . . . . . . . . . . . . . . . 50
Division 4--Continuation of fixed term agreements
87 Continuation of fixed term agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 5--Goods or money left behind in premises
88 Application of div 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
89 Unauthorised dealing with lost property . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
90 Personal document or money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
91 Item other than personal document or money . . . . . . . . . . . . . . . . . . . . . . . . 52
92 Personal document given to public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . 53
5
Residential Services (Accommodation) Bill 2002
93 Money given to public trustee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
94 Application to tribunal about lost property . . . . . . . . . . . . . . . . . . . . . . . . . . 54
PART 10--CONCILIATION OF SERVICE DISPUTES
Division 1--Preliminary
95 Service dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Conciliation
96 Conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
97 Some matters not suitable for conciliation . . . . . . . . . . . . . . . . . . . . . . . . . . 55
98 Functions of conciliator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 3--Starting the conciliation process
99 Making dispute resolution request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
100 Action to be taken on dispute resolution request . . . . . . . . . . . . . . . . . . . . . 56
Division 4--Conduct of conciliation process
101 Conciliation fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
102 Limited right of representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
103 Party's participation in conciliation process not compellable . . . . . . . . . . . . 57
104 Parties to conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
105 Conciliation agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Withdrawal of dispute
106 Withdrawal of dispute . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 6--Confidentiality, privilege and immunity
107 Conciliator to maintain secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
108 Ordinary protection and immunity allowed . . . . . . . . . . . . . . . . . . . . . . . . . 59
109 Admission made in conciliation process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
PART 11--APPLICATIONS TO TRIBUNALS
Division 1--Preliminary
110 Dispute resolution request required before applying to tribunal . . . . . . . . . . 60
111 Reference to making tribunal application includes making of dispute
resolution request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 2--General powers of tribunals
112 Application of Act to agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
113 Application about breach of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
114 Orders about breach of agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
6
Residential Services (Accommodation) Bill 2002
115 Dispute about resident's notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
116 Dispute about service provider's notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
117 Dispute about entry to resident's room or removal of resident . . . . . . . . . . . 63
118 Application to end fixed term agreement because of excessive hardship . . . 64
119 General dispute between service provider and resident . . . . . . . . . . . . . . . . 64
120 Disputes between coresidents about rental bonds . . . . . . . . . . . . . . . . . . . . . 64
121 Other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
122 Different applications may be decided together . . . . . . . . . . . . . . . . . . . . . . 65
PART 12--PROCEEDINGS
Division 1--Evidence
123 Rental bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
124 Accreditation Act matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
125 Other evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
126 Indications a resident has abandoned a room . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 2--Offence proceedings
127 Summary proceedings for offence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
128 Statement of complainant's knowledge. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
129 False or misleading entry or document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
130 Responsibility for act or omission of representative . . . . . . . . . . . . . . . . . . . 68
131 Executive officers must ensure corporation complies with Act. . . . . . . . . . . 68
132 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 13--MISCELLANEOUS
133 Giving notice to resident with impaired capacity . . . . . . . . . . . . . . . . . . . . . 70
134 Applications for more than prescribed amount . . . . . . . . . . . . . . . . . . . . . . . 70
135 Reporting a matter relating to the accreditation Act . . . . . . . . . . . . . . . . . . . 71
136 Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
137 Approved forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
138 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
139 Transitional--continuing agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
PART 14--AMENDMENTS
Division 1--Amendment of Police Powers and Responsibilities Act 2000
140 Act amended in div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
7
Residential Services (Accommodation) Bill 2002
141 Insertion of new s 372B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
372B Attendance at rental premises while person or property is removed . 74
Division 2--Amendments of Property Agents and Motor Dealers Act
2000
142 Act amended in div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
143 Amendment of s 125 (Acting as restricted letting agent) . . . . . . . . . . . . . . . 74
144 Amendment of s 160 (Acting as real estate agent) . . . . . . . . . . . . . . . . . . . . 75
145 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 3--Amendments of Residential Tenancies Act 1994
146 Act amended in div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
147 Replacement of s 22 (Boarders and lodgers). . . . . . . . . . . . . . . . . . . . . . . . . 76
22 Residential service agreements, boarders and lodgers. . . . . . . . . . . . 76
148 Amendment of s 55 (Seizure of tenant's goods for rent etc.) . . . . . . . . . . . . 76
149 Amendment of s 78 (Order for payment if guilty of offence). . . . . . . . . . . . 76
150 Amendment of s 80 (Rental bond account). . . . . . . . . . . . . . . . . . . . . . . . . . 76
151 Amendment of s 81 (Rental bond interest account) . . . . . . . . . . . . . . . . . . . 77
152 Amendment of s 82 (Other payments from rental bond interest account) . . 77
153 Amendment of s 258 (Authorised persons under this chapter) . . . . . . . . . . . 77
154 Amendment of s 262 (Authorised person's identity card) . . . . . . . . . . . . . . 77
155 Amendment of s 265 (Warrants for entry) . . . . . . . . . . . . . . . . . . . . . . . . . . 78
156 Amendment of s 267 (Authorised person's general powers for places) . . . . 78
157 Amendment of s 267B (Power to require information from certain persons) 78
158 Amendment of s 271 (Compensation). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
159 Amendment of s 277 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 78
160 Amendment of s 289 (Authority's functions) . . . . . . . . . . . . . . . . . . . . . . . . 79
161 Amendment of s 319 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 79
162 Amendment of sch 3 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 4--Amendments of Small Claims Tribunals Act 1973
163 Act amended in div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
164 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
165 Amendment of s 20 (Orders of tribunals) . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
166 Amendment of s 24 (Reference of claims to tribunal) . . . . . . . . . . . . . . . . . 81
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 82
8
Residential Services (Accommodation) Bill 2002
DICTIONARY
2002
A BILL
FOR
An Act about residential service agreements, and related matters
s1 10 s4
Residential Services (Accommodation) 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 (Accommodation) 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 the schedule defines particular words used in this Act. 11
4 Meaning of "residential service agreement" 12
(1) A "residential service agreement" is an agreement under which a 13
service provider provides accommodation to a resident in the course of a 14
residential service. 15
(2) Subsection (1) applies whether the agreement is-- 16
(a) entirely in writing, entirely oral or entirely implied; or 17
(b) partly in a form mentioned in paragraph (a) and partly in 1 or 18
both of the other forms. 19
s5 11 s6
Residential Services (Accommodation) Bill 2002
Division 3--Application and object 1
5 Explanation about relationship with other Acts 2
(1) This Act, the accreditation Act and certain provisions of the 3
Residential Tenancies Act 1994 regulate various matters concerned with 4
residential services. 5
(2) The accreditation Act-- 6
(a) defines what is a residential service for this Act; and 7
(b) establishes systems for the registration and accreditation of 8
residential services, to ensure the services are conducted at an 9
appropriate standard. 10
(3) The Residential Tenancies Act 1994 mostly does not apply to 11
residential services,1 but does include-- 12
(a) provision about the keeping of accounts by the authority for 13
rental bonds paid to it under this Act; and 14
(b) provision for the appointment of conciliators, who are given 15
functions under this Act; and 16
(c) provision for the administration and enforcement of this Act, 17
including-- 18
(i) the conferring of functions on the authority relating to this 19
Act; and 20
(ii) the appointment of authorised persons with powers 21
exercisable in relation to this Act. 22
6 Act binds all persons 23
(1) This Act binds all persons, including the State and, as far as the 24
legislative power of the Parliament permits, the Commonwealth and the 25
other States. 26
(2) Subsection (1) does not make the State, the Commonwealth or 27
another State liable for an offence. 28
1 See Residential Tenancies Act 1994, section 22 (Residential service agreements,
boarders and lodgers).
s7 12 s9
Residential Services (Accommodation) Bill 2002
7 Object 1
(1) The object of this Act is to balance the rights and responsibilities of 2
residents and service providers relating to the provision of accommodation 3
in the course of a residential service. 4
(2) The object is to be achieved mainly by-- 5
(a) regulating the making, content, operation and ending of 6
residential service agreements; and 7
(b) providing for the resolution of disputes about residential service 8
agreements. 9
8 Rights and remedies of persons 10
(1) A right or remedy given to a person under this Act is in addition to, 11
and not in substitution for, a right or remedy the person would have apart 12
from this Act. 13
(2) Without limiting subsection (1), this Act does not operate to reduce 14
the effect of a right or remedy a person would have apart from this Act. 15
(3) In subsections (1) and (2), a reference to a right or remedy a person 16
would have apart from this Act is a reference to a right or remedy that is 17
consistent with this Act. 18
PART 2--RIGHTS AND RESPONSIBILITIES OF 19
RESIDENTS AND SERVICE PROVIDERS 20
9 Resident's responsibilities 21
A resident in a residential service has the following responsibilities-- 22
(a) to use the resident's room and common areas only or mainly as a 23
place of residence; 24
(b) not to use the resident's room or common areas for an illegal 25
purpose; 26
(c) not to interfere with, and to ensure the resident's guests do not 27
interfere with, the reasonable peace, comfort or privacy of 28
s 10 13 s 10
Residential Services (Accommodation) Bill 2002
another resident or another resident's appropriate use of the other 1
resident's room or common areas; 2
(d) to pay the rent when it falls due; 3
(e) not to keep an animal on the rental premises without the service 4
provider's permission; 5
(f) not to intentionally or recklessly damage or destroy, or allow the 6
resident's guests to intentionally or recklessly damage or destroy, 7
any part of the rental premises or a facility in the rental premises; 8
(g) to maintain the resident's room in a condition that does not give 9
rise to a fire or health hazard.2 10
10 Service provider's responsibilities 11
The service provider for a residential service has the following 12
responsibilities in relation to each resident in the service-- 13
(a) to take reasonable steps to ensure the resident has quiet 14
enjoyment of the resident's room and common areas; 15
(b) not to interfere with, and to ensure the service provider's agents 16
do not interfere with, the reasonable peace, comfort or privacy of 17
the resident in using the resident's room or common areas; 18
(c) to take reasonable steps to ensure the resident-- 19
(i) always has access to the resident's room and to bathroom 20
and toilet facilities; and 21
(ii) has reasonable access to any other common areas; 22
(d) to take reasonable steps to ensure the security of the resident's 23
room and the resident's personal property in the room; 24
(e) to maintain the resident's room and common areas in a way that 25
the room and areas remain fit for the resident to live in; 26
(f) to take reasonable steps to ensure the resident's room and 27
common areas and facilities provided in the room and areas-- 28
(i) are kept safe and in good repair; and 29
2 Under section 11(a), these responsibilities are taken to be included as part of the
residential service agreement.
s 11 14 s 12
Residential Services (Accommodation) Bill 2002
(ii) subject to any agreement with the resident about cleaning 1
the resident's room, are kept clean; 2
(g) to ensure that the times during which the service provider, or an 3
agent of the service provider, is available to be contacted by the 4
resident are reasonable, having regard to all the circumstances 5
including the services being provided to the resident under the 6
residential service agreement.3 7
PART 3--RESIDENTIAL SERVICE AGREEMENTS 8
11 Terms of agreement include responsibilities under Act etc. 9
The following are taken to be included as terms of a residential service 10
agreement between a service provider and resident-- 11
(a) the responsibilities imposed on the resident under section 9; 12
(b) the responsibilities imposed on the service provider in relation to 13
the resident under section 10; 14
(c) the house rules for the rental premises; 15
(d) the terms of any conciliation agreement in force about the 16
residential service agreement; 17
(e) other duties imposed on, or entitlements given to, the service 18
provider or resident under this Act. 19
12 Standard terms 20
(1) A regulation may prescribe terms for inclusion in a residential 21
service agreement. 22
(2) The terms prescribed for this section are the "standard terms" of a 23
residential service agreement.4 24
3 Under section 11(b), these responsibilities are taken to be included as part of the
residential service agreement.
4 Under section 16(2), every residential service agreement must include the standard
terms.
s 13 15 s 15
Residential Services (Accommodation) Bill 2002
13 Special terms 1
(1) The "special terms" of a residential service agreement are the terms 2
of the agreement that are not-- 3
(a) standard terms; or 4
(b) terms included in the agreement under section 11. 5
(2) The special terms may include, for example, terms about the 6
provision of a food service or a personal care service to the resident. 7
14 Contracting out prohibited 8
(1) An agreement or arrangement is void to the extent to which it 9
purports to exclude, change or restrict the application or operation of a 10
provision of this Act about the terms of a residential service agreement. 11
(2) However, a failure to comply with section 16 or 17 in relation to a 12
residential service agreement does not invalidate the agreement. 13
(3) A person must not enter into an agreement or arrangement with the 14
intention, either directly or indirectly, of defeating the operation of this Act. 15
Maximum penalty--50 penalty units. 16
(4) In this section-- 17
"defeating" includes evading and preventing. 18
15 Inconsistency 19
(1) If a provision of this Act is inconsistent with a term of a residential 20
service agreement, the provision prevails and the term is void to the extent 21
of the inconsistency. 22
(2) If a standard term of a residential service agreement is inconsistent 23
with a special term of the agreement, the standard term prevails and the 24
special term is void to the extent of the inconsistency. 25
s 16 16 s 16
Residential Services (Accommodation) Bill 2002
16 Written agreement 1
(1) A service provider must ensure a residential service agreement 2
entered into with a resident is in writing to the extent, and in the way, 3
required by this section.5 4
Maximum penalty--10 penalty units. 5
(2) The written agreement must include the standard terms, and any 6
special terms, for the agreement. 7
(3) If, for a standard term to be effective, the term requires stated 8
information to be included in it (including, for example, the names of the 9
parties and a description of the rental premises), the agreement is taken to 10
include the standard term only if the information is properly included. 11
(4) The agreement must-- 12
(a) be written in a clear and precise way; and 13
(b) state the service provider's name, address and any telephone 14
number and the resident's name and any telephone number; and 15
(c) fully describe the services to be provided under the agreement; 16
and 17
(d) state the amount of rent payable, when it is payable and how it 18
must be paid; and 19
(e) state the components of the rent attributable to accommodation, a 20
food service, a personal care service or another service; and 21
(f) state the amount of any rental bond payable; and 22
(g) for a fixed term agreement, state the term for which it applies; 23
and 24
(h) be signed by the parties; and 25
(i) comply with any other requirement prescribed under a 26
regulation. 27
(5) The costs of preparing the agreement are payable by the service 28
provider. 29
5 See also section 139 (Transitional--continuing agreements).
s 17 17 s 18
Residential Services (Accommodation) Bill 2002
17 Resident's copy of agreement 1
(1) To enter a residential service agreement with a resident, the service 2
provider must-- 3
(a) give the document prepared for section 16 to the proposed 4
resident for signing; and 5
(b) within 3 days after receiving the document signed by the 6
proposed resident, sign the document and return a copy signed by 7
both parties to the resident. 8
Maximum penalty--10 penalty units. 9
(2) A service provider does commit an offence against subsection (1) 10
unless the service provider and resident have signed the document. 11
PART 4--RENT 12
Division 1--Records 13
18 Receipts 14
(1) If a person pays rent in cash, or asks for a receipt before or when 15
paying rent other than in cash, the person receiving the payment must give 16
a written receipt under this section. 17
Maximum penalty--10 penalty units. 18
(2) The receipt must be signed by the person receiving the payment. 19
(3) The receipt must be given to the person making the payment-- 20
(a) if the person makes the payment personally--when the payment 21
is made; or 22
(b) otherwise--within 5 days after the payment is made. 23
(4) The receipt must state the following-- 24
(a) the resident's name; 25
(b) the address of the rental premises; 26
(c) the date the payment is received; 27
s 19 18 s 21
Residential Services (Accommodation) Bill 2002
(d) the period for which the payment is made; 1
(e) the amount of the payment; 2
(f) that the payment is a payment of rent. 3
19 Keeping records 4
For each payment of rent under a residential service agreement, the 5
service provider must-- 6
(a) make a copy of the receipt given for the payment or make 7
another appropriate written record of the payment; and 8
(b) keep the copy or other record for at least 2 years after the end of 9
the agreement. 10
Maximum penalty--10 penalty units. 11
20 False, misleading or incomplete rent record 12
(1) A person must not-- 13
(a) make an entry in a rent record that the person knows is false or 14
misleading in a material particular; or 15
(b) fail to enter a material particular in a rent record, unless the 16
person does not know, and can not reasonably obtain, the 17
necessary information. 18
Maximum penalty--10 penalty units. 19
(2) In this section-- 20
"rent record" means a receipt or another record made under this Act for a 21
rent payment. 22
Division 2--Amount of rent 23
21 Rent increases 24
(1) This section applies if a service provider proposes to increase the rent 25
payable by a resident under a residential service agreement. 26
(2) The resident is not required to pay the increase unless it is made 27
under this section. 28
s 22 19 s 22
Residential Services (Accommodation) Bill 2002
(3) The service provider must give the resident a notice stating-- 1
(a) the amount of the increased rent; and 2
(b) the day, not earlier than 4 weeks after the day the notice is given, 3
from which the increased rent is payable. 4
(4) Also, if the residential service agreement is for a fixed term, the rent 5
may not be increased before the term ends unless-- 6
(a) the agreement provides for a rent increase; and 7
(b) the agreement states the amount of the increase or how the 8
amount of the increase is to be worked out; and 9
(c) the increase is made under the agreement. 10
(5) Subsections (2) to (4) do not apply if the parties amend the 11
residential service agreement to provide for another service to be provided 12
by the service provider to the resident and for an increase in the rent in 13
payment of the service. 14
22 Rent decreases 15
(1) This section applies to a residential service agreement if-- 16
(a) a resident's room or common areas become partly unfit to live in, 17
or their amenity or standard substantially decreases, other than 18
because of intentional or reckless damage caused by the resident 19
or a guest of the resident; or 20
(b) a service provided to the resident under the agreement is no 21
longer available or is withdrawn, or the standard of the service 22
substantially decreases, other than because the resident has not 23
met the resident's obligations under the agreement. 24
(2) The rent payable under the agreement decreases by the amount, and 25
from the time, agreed between the service provider and the resident. 26
(3) If the service provider and the resident can not agree on the amount 27
or time for the decrease, either of them may apply to a tribunal for an order 28
decreasing the rent by a stated amount from a stated time. 29
(4) On an application under this section a tribunal may make the order it 30
considers appropriate. 31
s 23 20 s 24
Residential Services (Accommodation) Bill 2002
23 Charge for utility service 1
(1) This section applies to the amounts payable by a service provider, as 2
the owner or occupier of rental premises, for utility services provided to the 3
premises. 4
(2) A provision of a residential service agreement requiring the resident 5
to pay an amount for a utility service is of no effect unless-- 6
(a) the resident's room is separately metered for the utility service by 7
an appliance approved by the supplying entity; and 8
(b) the amount the resident is required to pay is not more than the 9
amount that the service provider is charged by the supplying 10
entity for the utility service used by the resident. 11
(3) In this section-- 12
"utility service", provided to premises, means-- 13
(a) electricity, gas or water supplied to the premises; or 14
(b) water fit for human consumption supplied to the premises by 15
delivery in a vehicle; or 16
(c) another service supplied to the premises, or facility used at the 17
premises, prescribed under a regulation. 18
Division 3--Other provisions about rent 19
24 How rent is to be paid 20
(1) This section applies to the rent payable by a resident under a 21
residential service agreement. 22
(2) The resident must pay the rent in an approved way. 23
(3) If an approved way for payment of rent is stated in the agreement, the 24
resident must pay the rent in the way stated. 25
(4) However, if, after signing the agreement-- 26
(a) the service provider or resident gives to the other party a notice 27
stating an approved way, or a different approved way, as the way 28
in which rent is required, or is proposed, to be paid; and 29
(b) the other party agrees in writing (the "rent agreement") to 30
payments of rent being made in the way stated; 31
s 25 21 s 27
Residential Services (Accommodation) Bill 2002
the resident must pay the rent in the way stated while the rent agreement 1
remains in force. 2
(5) Rent is paid in an "approved way" if it is paid by-- 3
(a) cash; or 4
(b) cheque; or 5
(c) deposit to a financial institution account nominated by the 6
service provider; or 7
(d) credit card; or 8
(e) an EFTPOS system; or 9
(f) deduction from pay, or a pension or other benefit, payable to the 10
resident; or 11
(g) another way agreed on by the service provider and resident. 12
25 Where rent is to be paid 13
(1) This section applies to the rent payable by a resident under a 14
residential service agreement. 15
(2) If the place for payment of rent is stated in the agreement, the 16
resident must pay the rent at the place stated. 17
(3) However, if, after signing the agreement, the service provider gives 18
the resident a notice stating a place, or a different place, as the place where 19
rent is required to be paid and the place is reasonable, the resident must pay 20
the rent at the place stated in the notice while the notice is in force. 21
(4) If the place for payment of rent is not stated, the resident must pay 22
the rent at an appropriate place. 23
26 Rent in advance 24
A service provider must not require a resident to pay more than 2 weeks 25
rent in advance. 26
Maximum penalty--20 penalty units. 27
27 Seizure of resident's property for rent etc. 28
(1) A service provider must not seize or dispose of a resident's property 29
as security for, or in payment of, any of the following-- 30
s 28 22 s 28
Residential Services (Accommodation) Bill 2002
(a) rent payable under the residential service agreement; 1
(b) an amount payable to the service provider, or at the service 2
provider's direction, in reimbursement of an amount that was 3
payable by the resident under the residential service agreement 4
but was paid by the service provider for the resident; 5
(c) a claim for loss or damage caused by the resident's breach of the 6
residential service agreement. 7
Maximum penalty--40 penalty units. 8
(2) However, subsection (1) does not apply to the deduction of an 9
amount under section 90(4)6 or the seizure or disposal of property under 10
section 917 or an enforcement warrant. 11
PART 5--RENTAL BONDS 12
Division 1--Payments to authority 13
28 Meaning of "rental bond" 14
(1) A "rental bond" for a residential service agreement is an amount-- 15
(a) paid by or for the resident under the agreement; and 16
(b) intended to be available for the financial protection of the service 17
provider against the resident breaching the agreement. 18
(2) However, a "rental bond" does not include rent paid in advance. 19
(3) In deciding whether an amount is a rental bond, it does not matter-- 20
(a) when the amount is paid; or 21
(b) if the amount is paid directly to the authority; or 22
(c) to or by whom the amount is paid; or 23
6 Section 90 (Personal document or money)
7 Section 91 (Item other than personal document or money)
s 29 23 s 31
Residential Services (Accommodation) Bill 2002
(d) how the amount is described in the agreement or arrangement 1
about the payment of the amount. 2
(4) A "rental bond" includes a part of a rental bond. 3
29 Meaning of "rental bond contributor" 4
(1) A person is a "rental bond contributor" for a rental bond if the 5
rental bond notice for the residential service agreement indicates that-- 6
(a) the person is the resident and there are no coresidents; and 7
(b) the person paid the rental bond. 8
(2) Also, a coresident is a "rental bond contributor" if-- 9
(a) the rental bond notice for the residential service agreement 10
indicates that the coresident paid, or contributed to the payment 11
of, the rental bond; or 12
(b) for a replacement coresident--a notice about the change of 13
coresidents is given to the authority by the replacement 14
coresident and former coresident; or 15
(c) the authority is otherwise satisfied the coresident paid, or 16
contributed to the payment of, the rental bond. 17
30 Duty to pay rental bond 18
(1) A person receiving a rental bond must, within 10 days of receiving 19
it-- 20
(a) pay it to the authority; and 21
(b) give the authority a notice, in the approved form, about the rental 22
bond. 23
Maximum penalty--40 penalty units. 24
(2) Subsection (1) does not apply to a person to whom section 31 25
applies. 26
31 Duty to pay rental bond instalments 27
(1) This section applies if the service provider under a residential service 28
agreement receives from the resident a number of rental bonds for the 29
agreement (the "rental bond instalments"). 30
s 32 24 s 32
Residential Services (Accommodation) Bill 2002
(2) If the service provider has received all the rental bond instalments, 1
the service provider must, within 10 days after receiving the last 2
instalment-- 3
(a) pay the instalments to the authority; and 4
(b) give the authority a notice, in the approved form, about the 5
instalments. 6
Maximum penalty--40 penalty units. 7
(3) If the agreement is ended before the service provider receives all the 8
rental bond instalments, the service provider must, within 10 days after the 9
ending of the agreement-- 10
(a) pay to the authority the instalments received by the service 11
provider; and 12
(b) give the authority a notice, in the approved form, about the 13
instalments. 14
Maximum penalty--40 penalty units. 15
(4) If, on the day that is 3 months after the service provider receives the 16
first rental bond instalment, the agreement has not ended and the service 17
provider has not received all the rental bond instalments, the service 18
provider must-- 19
(a) within 10 days after that day-- 20
(i) pay to the authority the instalments received by the service 21
provider; and 22
(ii) give the authority a notice, in the approved form, about the 23
instalments; and 24
(b) for each instalment received after that day-- 25
(i) pay the instalment to the authority within 10 days after 26
receiving it; and 27
(ii) give the authority a notice, in the approved form, about the 28
instalment. 29
Maximum penalty for subsection (4)--40 penalty units. 30
32 Duty to pay rental bond if financial protection given 31
(1) This section applies to the service provider under a residential 32
service agreement if-- 33
s 33 25 s 35
Residential Services (Accommodation) Bill 2002
(a) financial protection against a breach of the agreement by the 1
resident is given to the service provider (whether by a guarantee 2
or undertaking given by a financial institution or in another way); 3
and 4
(b) the financial protection is not given in the form of a rental bond; 5
and 6
(c) the maximum rental bond for the agreement is not paid. 7
(2) Within 10 days after the financial protection is given, the service 8
provider must pay to the authority an amount equal to-- 9
(a) the maximum rental bond for the agreement; or 10
(b) if a rental bond less than the maximum rental bond has been 11
paid--the difference between the maximum rental bond and the 12
amount of rental bond actually paid. 13
Maximum penalty--40 penalty units. 14
(3) An amount paid, or required to be paid, by the service provider under 15
subsection (2) is taken to be a rental bond. 16
33 Acknowledging receipt of rental bond 17
As soon as practicable after receiving a rental bond, the authority must 18
give separate written acknowledgments of the receipt to the service 19
provider and resident. 20
34 No entitlement to interest 21
No one other than the authority has legal or beneficial entitlement to an 22
amount earned on the investment of a rental bond held by the authority. 23
35 Continuance of rental bond 24
(1) This section applies if-- 25
(a) the authority holds a rental bond for a residential service 26
agreement; and 27
(b) the agreement ends; and 28
(c) the resident continues occupying a room in the rental premises 29
under another residential service agreement (the "new 30
agreement") with the service provider; and 31
s 36 26 s 40
Residential Services (Accommodation) Bill 2002
(d) the authority does not receive an application for payment of the 1
rental bond. 2
(2) The rental bond is taken to be a rental bond for the new agreement. 3
Division 2--Payments by authority 4
36 Purpose of div 2 5
This division deals with the payment by the authority of rental bonds 6
held by it. 7
37 Making payment 8
The authority may pay a rental bond only under this division. 9
38 Application for payment 10
An application to the authority for payment of a rental bond must be 11
made in the approved form. 12
39 Payment to party on joint application or other party's direction 13
The authority must pay a rental bond in the way directed by an 14
application-- 15
(a) if the application is made jointly by the service provider and 16
resident; or 17
(b) if the application is made by the resident and directs that 18
payment be made to the service provider only; or 19
(c) if-- 20
(i) there is only 1 rental bond contributor; and 21
(ii) the application is made by the service provider and directs 22
that payment be made to the contributor only. 23
40 Payment to coresidents on service provider's direction 24
(1) This section applies if-- 25
s 41 27 s 41
Residential Services (Accommodation) Bill 2002
(a) an application for the payment of a rental bond is made to the 1
authority by the service provider; and 2
(b) there is more than 1 rental bond contributor; and 3
(c) the application directs that payment be made to the contributors 4
only. 5
(2) The authority must pay the rental bond to the rental bond 6
contributors in the way directed if the direction states the rental bond is to 7
be paid to the contributors-- 8
(a) in the proportions in which the contributors are shown on the 9
rental bond notice to have contributed; or 10
(b) in equal proportions. 11
(3) If subsection (2) does not apply, the authority-- 12
(a) must give each rental bond contributor a notice (the "authority's 13
notice") of the application; and 14
(b) may pay the rental bond to the contributors in the way directed. 15
(4) However, the authority may make a payment under subsection (3) 16
only if-- 17
(a) a rental bond contributor does not, within the allowed period8-- 18
(i) apply to a tribunal for an order about the payment; and 19
(ii) give the authority a notice (the "contributor's notice") 20
informing it of the application; or 21
(b) after the application is made, and the contributor's notice is 22
given, under paragraph (a)--the application is withdrawn. 23
41 Payment to service provider on service provider's own direction 24
(1) This section applies if-- 25
(a) an application for the payment of a rental bond is made to the 26
authority by the service provider only; and 27
(b) the application directs that a payment be made to the service 28
provider. 29
(2) The authority-- 30
8 See section 44 (Allowed period for notices).
s 42 28 s 42
Residential Services (Accommodation) Bill 2002
(a) must-- 1
(i) give the resident a notice (the "authority's notice") of the 2
application; and 3
(ii) if the application also directs that a payment be made to the 4
resident--make the payment to the resident; and 5
(b) may make the payment to the service provider. 6
(3) However, the authority may make the payment to the service 7
provider only if-- 8
(a) the resident does not, within the allowed period9-- 9
(i) apply to a tribunal for an order about the payment; and 10
(ii) give the authority a notice (the "resident's notice") 11
informing it of the application; or 12
(b) after the application is made, and the resident's notice is given, 13
under paragraph (a)--the application is withdrawn. 14
42 Payment to resident on resident's own direction 15
(1) This section applies if-- 16
(a) an application for the payment of a rental bond is made to the 17
authority by the resident only; and 18
(b) the application directs that a payment be made to the resident. 19
(2) The authority-- 20
(a) must-- 21
(i) give the service provider a notice (the "authority's notice") 22
of the application; and 23
(ii) if the application also directs that a payment be made to the 24
service provider--make the payment to the service 25
provider; and 26
(b) may make the payment to the resident. 27
(3) However, the authority may make the payment to the resident only 28
if-- 29
9 See section 44 (Allowed period for notices).
s 43 29 s 43
Residential Services (Accommodation) Bill 2002
(a) the service provider does not, within the allowed period10-- 1
(i) apply to a tribunal for an order about the payment; and 2
(ii) give the authority a notice ("service provider's notice") 3
informing it of the application; or 4
(b) after the application is made, and the service provider's notice is 5
given, under paragraph (a)--the application is withdrawn. 6
43 Payment on coresident's direction 7
(1) This section applies if-- 8
(a) a rental bond notice for a residential service agreement states 9
there are 2 or more coresidents under the agreement; and 10
(b) an application for the payment of the rental bond is made to the 11
authority by-- 12
(i) 1, or some only, of the coresidents; or 13
(ii) jointly by the service provider and 1, or some only, of the 14
coresidents; and 15
(c) the application directs that a payment be made to 1 or more of the 16
applicants. 17
(2) The authority must give a notice (the "authority's notice") of the 18
application to-- 19
(a) any coresident who is not an applicant (an "associated person"); 20
and 21
(b) if the service provider is not an applicant--the service provider 22
(also an "associated person"). 23
(3) If there is only 1 associated person and the application directs that a 24
payment be made to the associated person, the authority must make the 25
payment to the person. 26
(4) The authority may make the payment or payments to the applicant or 27
applicants in the way directed by the application. 28
(5) However, the authority may make a payment under subsection (4) 29
only if-- 30
10 See section 44 (Allowed period for notices).
s 44 30 s 46
Residential Services (Accommodation) Bill 2002
(a) an associated person does not, within the allowed period11-- 1
(i) apply to a tribunal for an order about the payment; and 2
(ii) give the authority a notice (the "associated person's 3
notice") informing it of the application; or 4
(b) after the application is made, and the associated person's notice 5
is given, under paragraph (a)--the application is withdrawn. 6
44 Allowed period for notices 7
For sections 40, 41, 42 and 43,12 the "allowed period" is-- 8
(a) 14 days after the giving of the authority's notice; or 9
(b) if a longer period is prescribed under a regulation--the longer 10
period. 11
45 Tribunal order about payment 12
(1) On an application under this division for an order about the payment 13
of a rental bond, a tribunal may make the order it considers appropriate. 14
(2) If a tribunal makes an order about payment of a rental bond and the 15
authority is given a copy of the order, the authority must pay the rental 16
bond in accordance with the order. 17
46 Payment to rental bond supplier 18
(1) This section applies if-- 19
(a) a rental bond is payable to the resident; but 20
(b) the authority is satisfied a person paid the rental bond direct to it 21
as assistance to the resident. 22
(2) The authority must pay the rental bond to the person and not the 23
resident. 24
11 See section 44 (Allowed period for notices).
12 Sections 40 (Payment to coresidents on service provider's direction), 41 (Payment to
service provider on service provider's own direction), 42 (Payment to resident on
resident's own direction) and 43 (Payment on coresident's direction)
s 47 31 s 49
Residential Services (Accommodation) Bill 2002
47 Limitation affecting payment 1
(1) The authority must not pay a rental bond if it knows-- 2
(a) the service provider or resident has given a notice under part 913 3
ending the residential service agreement on a stated day or the 4
service provider has given the resident a notice under part 9 5
requiring the resident to leave the rental premises by a stated day; 6
and 7
(b) the stated day has not arrived. 8
(2) However, subsection (1) does not prevent the authority making a 9
payment it may make without giving notice to the service provider or 10
resident. 11
48 Discontinuance of application for payment 12
(1) The authority must stop dealing with an application for the payment 13
of a rental bond if-- 14
(a) the application is made by the service provider or resident, but 15
not both; and 16
(b) the application is withdrawn before the authority makes a 17
payment as directed in the application. 18
(2) If an application for the payment of a rental bond is made jointly by 19
the service provider and resident and one of the parties withdraws from the 20
application, the authority must deal with the application as an application 21
made by the other party. 22
49 Payment under person's direction 23
(1) If the authority is required to pay a rental bond to a person, the 24
authority may make the payment in accordance with the person's 25
directions. 26
(2) However, if the payment is required to be made to the resident, the 27
authority may make the payment to a person other than the resident only if, 28
under the regulations, the person is taken to have contributed to the rental 29
bond. 30
(3) Subsection (2) is subject to section 46. 31
13 Part 9 (Ending of residential service agreements and related matters)
s 50 32 s 51
Residential Services (Accommodation) Bill 2002
(4) Also, if the payment is required to be made to the service provider, 1
the authority may make the payment only to the service provider or the 2
service provider's agent. 3
Division 3--Enforcement provisions 4
50 Receipt 5
(1) A service provider or service provider's agent receiving a rental bond 6
must give a receipt for the rental bond as required by this section. 7
Maximum penalty--10 penalty units. 8
(2) The receipt must-- 9
(a) be given to the person paying the rental bond when the rental 10
bond is received; and 11
(b) be signed by the person receiving the rental bond. 12
(3) The receipt must state the following-- 13
(a) the name of the person receiving the rental bond; 14
(b) the resident's name and, if the person receiving the bond is not 15
the service provider, the service provider's name; 16
(c) the address of the rental premises for which the bond is paid; 17
(d) the date the bond is received; 18
(e) the amount of the bond; 19
(f) if there are coresidents and the coresidents tell the person 20
receiving the bond the proportions in which the bond is 21
paid--the amount paid by each coresident. 22
(4) The person giving the receipt must keep a copy of it for at least 23
1 year after the residential service agreement ends. 24
Maximum penalty for subsection (4)--10 penalty units. 25
51 Payments above maximum amount 26
(1) A person must not require payment of, or accept, a rental bond more 27
than, or amounts as rental bond totalling more than-- 28
s 52 33 s 53
Residential Services (Accommodation) Bill 2002
(a) if the service provider is the resident's employer and gives the 1
resident a rental subsidy--the amount fixed under subsection (2); 2
or 3
(a) otherwise--the maximum rental bond for the residential service 4
agreement. 5
Maximum penalty--20 penalty units. 6
(2) For subsection (1)(a), the amount is the greater of the following 7
amounts-- 8
(a) $400; 9
(b) the maximum rental bond for the residential service agreement. 10
(3) Subsection (1) does not apply if the weekly rent under the residential 11
service agreement is more than-- 12
(a) the amount prescribed under a regulation; or 13
(b) if an amount is not prescribed--$300. 14
52 Order for payment if guilty of offence 15
(1) If a person is found guilty of an offence against section 30, 31 or 16
32,14 the court making the finding may order the person to pay to the 17
authority, within a stated time, an amount equal to the rental bond. 18
(2) The court may make the order as well as imposing a penalty for the 19
offence. 20
(3) An amount ordered to be paid by a person may be recovered by the 21
authority as a debt owing to it by the person. 22
(4) Subsection (1) does not limit the court's powers under the Penalties 23
and Sentences Act 1992 or another law. 24
Division 4--Miscellaneous 25
53 Increase in rental bond 26
The resident must increase a rental bond if-- 27
14 Section 30 (Duty to pay rental bond), 31 (Duty to pay rental bond instalments) or 32
(Duty to pay rental bond if financial protection given)
s 54 34 s 54
Residential Services (Accommodation) Bill 2002
(a) the rent payable under the residential service agreement 1
increases; and 2
(b) the service provider gives a notice to the resident to increase the 3
rental bond; and 4
(c) the notice is given at least 11 months after-- 5
(i) the agreement started; or 6
(ii) if the rental bond has been increased previously following 7
the giving of a notice under this section--the day stated in 8
the notice, or the last notice, for making the increase; and 9
(d) the notice states the day by which the increase must be made; and 10
(e) the day stated is at least 1 month after the resident is given the 11
notice about the increase. 12
54 Rental bond resulting from rent decrease 13
(1) This section applies if, in the first 6 months of the term of a 14
residential service agreement, the rent payable under the agreement 15
decreases or is decreased. 16
(2) The amount paid as rent in the 6 month period above the amount that 17
would have been payable if the lower, or lowest, amount of rent payable in 18
the period had applied for the full period is, subject to an order of a 19
tribunal, taken to be a payment of a rental bond. 20
(3) If the service provider disputes the amount being treated as a rental 21
bond, the service provider may, within 7 days after the end of the 6 month 22
period, apply to a tribunal and the tribunal may make an order declaring the 23
amount, or a part of the amount, is, or is not, a rental bond. 24
(4) If, because of subsection (2), a rental bond above the maximum 25
rental bond is paid, the authority must pay the amount to the resident on 26
payment of the excess amount to it. 27
s 55 35 s 57
Residential Services (Accommodation) Bill 2002
PART 6--HOUSE RULES 1
Division 1--General 2
55 House rules 3
(1) House rules are rules about the use, enjoyment, control or 4
management of rental premises. 5
(2) The house rules in force for rental premises are-- 6
(a) the prescribed rules that apply to the rental premises; and 7
(b) any other house rules made by the service provider under this 8
part. 9
56 Prescribed rules 10
(1) A regulation may prescribe house rules for rental premises (the 11
"prescribed rules"). 12
(2) A prescribed rule may state that it applies to rental premises subject 13
to another house rule made for the premises under this part by the service 14
provider that deals with a particular circumstance or matter. 15
16
Example--
17
A prescribed rule states that a resident must not consume an amount of alcohol in the
18
rental premises that causes the resident to become drunk. The rule also states that it
19
applies subject to any house rule made under this part by the service provider that
20
prohibits the consumption of any alcohol in the rental premises.
(3) Unless it provides otherwise, a prescribed rule applies to all rental 21
premises. 22
57 Rules made by the service provider 23
(1) A service provider may make house rules for rental premises about 24
any of the following matters-- 25
(a) using shared facilities; 26
(b) parking motor vehicles; 27
(c) drinking alcohol or illegally consuming other drugs; 28
(d) making noise; 29
s 58 36 s 59
Residential Services (Accommodation) Bill 2002
(e) keeping pets; 1
(f) another matter prescribed under a regulation. 2
(2) A rule made under subsection (1) has effect as a house rule for the 3
rental premises only if-- 4
(a) the rule is consistent with the prescribed rules; and 5
(b) the rule is made under division 2. 6
(3) Subsection (2)(b) does not apply to the making of a rule when there 7
are no residents for the rental premises. 8
Division 2--Rule changes 9
58 Meaning of "rule change" 10
A reference in this division to making a "rule change" for rental 11
premises is a reference to-- 12
(a) making a new house rule for the premises; or 13
(b) amending, revoking or replacing an existing house rule for the 14
premises. 15
59 Notice of proposed rule change 16
(1) Before making a rule change for rental premises, a service provider 17
must give a notice to each resident-- 18
(a) setting out the proposed change; and 19
(b) stating the day when it is proposed the change is to take effect 20
(the "proposed commencement day"); and 21
(c) stating that the resident may object to the change; and 22
(d) stating how the objection may be made. 23
(2) The notice must be given to a resident-- 24
(a) at least 7 days before the proposed commencement day; or 25
(b) for a person who becomes a resident less than 7 days before the 26
proposed commencement day--when the person becomes a 27
resident. 28
s 60 37 s 62
Residential Services (Accommodation) Bill 2002
60 Withdrawal of proposed rule change 1
If a service provider decides not to proceed with a proposed rule change, 2
the service provider may withdraw the proposed change by giving a notice 3
to each resident to whom a notice under section 59 has been given. 4
61 Objection to proposed rule change 5
(1) A resident may object to a proposed rule change if the resident 6
considers the change is unreasonable. 7
(2) The objection may be made only by giving a notice to the service 8
provider, before the proposed commencement day, stating-- 9
(a) the resident's name; and 10
(b) that the resident objects to the proposed change; and 11
(c) why the resident considers the proposed change is unreasonable. 12
(3) If the service provider does not receive objections from at least half 13
of the residents before the proposed commencement day, and does not 14
withdraw the proposed change under section 60, the change takes effect on 15
the proposed commencement day. 16
(4) If the service provider receives objections from at least half of the 17
residents before the proposed commencement day-- 18
(a) the proposed change does not take effect; and 19
(b) the service provider must immediately give a notice to each 20
resident stating-- 21
(i) that at least half of the residents have objected to the 22
change; and 23
(ii) that the proposed change will not take effect on the 24
proposed commencement day. 25
62 Application to tribunal about proposed rule change 26
(1) This section applies if, under section 61(4), a proposed rule change 27
does not take effect. 28
(2) The service provider may apply to a tribunal for an order declaring 29
the proposed change to be reasonable. 30
s 63 38 s 63
Residential Services (Accommodation) Bill 2002
(3) The application may only be made within 7 days after the proposed 1
commencement day for the change. 2
(4) The application must-- 3
(a) be accompanied by a copy of each objection to the proposed 4
change given under section 61; and 5
(b) state particulars of why the service provider considers the 6
proposed change to be reasonable. 7
(5) The tribunal may decide the application by-- 8
(a) declaring the proposed change to be reasonable; or 9
(b) amending the proposed change in a way it considers appropriate 10
to make it reasonable; or 11
(c) declaring the proposed change to be unreasonable; or 12
(d) making any other order it considers appropriate. 13
(6) If the tribunal makes an order declaring the proposed change to be 14
reasonable or amending it in a way the tribunal considers appropriate to 15
make it reasonable, the proposed change takes effect on the day decided by 16
the tribunal. 17
(7) As soon as practicable after the tribunal decides the application, the 18
service provider must give a notice of the decision to each resident of the 19
rental premises. 20
Division 3--Publication of house rules 21
63 Proposed resident to be given a copy of house rules 22
The service provider for rental premises must not enter into a residential 23
service agreement to provide accommodation in the premises to a person 24
unless the service provider has given the person a copy of the house rules 25
for the premises. 26
Maximum penalty--10 penalty units. 27
s 64 39 s 67
Residential Services (Accommodation) Bill 2002
64 Display of house rules 1
The service provider for rental premises must ensure a copy of the house 2
rules for the premises is displayed, at all times, at a place in the rental 3
premises where it is likely to be seen by the residents. 4
Maximum penalty--10 penalty units. 5
PART 7--ENTRY TO RESIDENTS' ROOMS 6
65 Unauthorised entry to resident's room 7
The service provider for a residential service must not enter a resident's 8
room in the rental premises other than under this part. 9
Maximum penalty--10 penalty units. 10
66 Entry with resident's agreement 11
(1) The service provider may enter the resident's room, for any reason, if 12
the resident agrees. 13
14
Examples of resident's agreement to entry--
15
1. The service provider orally asks to enter the resident's room and the resident orally
16
agrees.
17
2. The residential service agreement states times at which the service provider may
18
enter the room each week to carry out cleaning.
(2) If the service provider has agreed to provide a service other than 19
accommodation to the resident, the service provider may enter the 20
resident's room at the times that are reasonably necessary to provide the 21
service. 22
67 Entry to carry out inspection 23
(1) The service provider may enter the resident's room, at a reasonable 24
time, to inspect the room. 25
(2) The service provider must give a notice of the proposed entry to the 26
resident at least 48 hours before the entry. 27
s 68 40 s 69
Residential Services (Accommodation) Bill 2002
(3) An entry may not be made under this section more than once each 1
month. 2
68 Entry after giving notice 3
(1) The service provider may enter the resident's room, at a reasonable 4
time-- 5
(a) to clean the room; or 6
(b) to carry out pest control in the room; or 7
(c) to make routine repairs to, or carry out maintenance of, the room 8
or another part of the rental premises; or 9
(d) to show the room to a prospective purchaser or resident; or 10
(e) to allow a valuation of the rental premises to be carried out. 11
(2) The service provider must give a notice of the proposed entry to the 12
resident at least 24 hours before the entry. 13
(3) A notice under subsection (2)-- 14
(a) may relate to more than 1 proposed entry to a room; and 15
(b) may relate to entry to more than 1 room; and 16
(c) if it relates to entry to more than 1 room--may be given by 17
posting it, at least 24 hours before the entry, or first entry, to 18
which it relates, on a notice board or other place in the rental 19
premises where it is likely to be seen by the residents to whom it 20
is given. 21
22
Example for subsection (3)--
23
The service provider may post a notice stating the times at which entry is proposed to
24
be made each week to residents' rooms to clean the rooms.
69 Entry without notice 25
The service provider may enter the resident's room without notice-- 26
(a) in an emergency; or 27
(b) if the service provider reasonably believes the room has been 28
abandoned;15 or 29
15 See section 126 (Indications a resident has abandoned a room).
s 70 41 s 71
Residential Services (Accommodation) Bill 2002
(c) to carry out urgent repairs to the rental premises or a facility in 1
the rental premises. 2
3
Examples for paragraph (c)--
4
1. To repair a facility for providing gas, electricity or water.
5
2. To carry out repairs to prevent imminent flooding or water damage.
6
3. To make emergency repairs to the roof of the rental premises.
7
4. To repair a fault or damage that makes the rental premises unsafe or
8
insecure or is likely to unreasonably disrupt a resident's appropriate
9
use of the premises.
70 General qualifications about entry 10
(1) Immediately before entering the resident's room, the service provider 11
must tell the resident about the proposed entry, unless the resident is not in 12
or near the room at the time. 13
(2) After entering the resident's room, the service provider-- 14
(a) must preserve, as far as practicable, the resident's privacy; and 15
(b) must not remain in the room for longer than is reasonably 16
necessary to carry out the purpose of the entry. 17
71 Entry by service provider's agent or other person 18
(1) A reference in this part to the service provider includes an agent of 19
the service provider. 20
(2) However, if-- 21
(a) an agent of the service provider proposes to enter or remain in 22
the resident's room under this part; and 23
(b) the agent is not accompanied by the service provider; and 24
(c) the agent is not a person to whom the resident normally pays the 25
rent; and 26
(d) the resident asks for written evidence of the agent's appointment; 27
the agent must not enter or remain in the room without producing the 28
evidence. 29
(3) The service provider may enter the resident's room under this part 30
with someone else as far as is necessary to achieve the purpose of the entry. 31
s 72 42 s 73
Residential Services (Accommodation) Bill 2002
PART 8--CONDITION REPORTS 1
72 Application of pt 8 2
This part applies to the service provider and resident under a residential 3
service agreement only if a rental bond is payable, or has been paid, under 4
the agreement. 5
73 Condition report at start of residency 6
(1) Before providing accommodation to the resident in a room in the 7
rental premises, the service provider must-- 8
(a) prepare, in the approved form, a condition report for the room 9
and the facilities in the room; and 10
(b) sign the report; and 11
(c) give 2 copies of the report to the resident. 12
Maximum penalty--10 penalty units. 13
(2) Within 3 days after starting to reside in the room, the resident must-- 14
(a) if the resident does not agree with the report--show the parts of 15
the report the resident disagrees with by marking the copies in an 16
appropriate way; and 17
(b) sign the copies; and 18
(c) return a copy to the service provider or the service provider's 19
agent.16 20
(3) However, if the service provider has not given the copies of the report 21
to the resident before the resident starts to reside in the room, 22
subsection (2) applies to the resident as if a reference to starting to reside in 23
the room were a reference to receiving the copies. 24
(4) The service provider must keep, until at least 2 years after the 25
residential service agreement ends-- 26
(a) the signed copy of the report returned to the service provider or 27
the service provider's agent; or 28
16 For the effect of the resident's obligation under this subsection, see sections 11(e),
73(4) and 74.
s 74 43 s 75
Residential Services (Accommodation) Bill 2002
(b) if the resident does not comply with subsection (2)(c)--another 1
copy of the report. 2
Maximum penalty--10 penalty units. 3
(5) In this section-- 4
"resident", in relation to rental premises, includes a person who proposes 5
to be a resident of the premises. 6
74 Evidentiary provision 7
(1) In a proceeding before a tribunal, a copy of a condition report stating 8
the condition of a room in rental premises and the facilities in the room is 9
evidence of the condition of the room and facilities-- 10
(a) if the report is signed by the resident--when the report was 11
signed; or 12
(b) otherwise--when the report was made. 13
(2) However, if the report is signed by the resident and marked to show 14
the resident's disagreement with the statement, the report is evidence of the 15
condition of the room and facilities when the report was signed by the 16
resident only as far as its contents are unmarked. 17
PART 9--ENDING OF RESIDENTIAL SERVICE 18
AGREEMENTS AND RELATED MATTERS 19
Division 1--General 20
75 Ending of agreement 21
(1) A residential service agreement ends only in a way mentioned in this 22
section. 23
(2) A residential service agreement ends by written agreement of the 24
service provider and resident. 25
(3) If a service provider gives a resident a notice under this part requiring 26
the resident to leave the rental premises by a stated day-- 27
s 76 44 s 77
Residential Services (Accommodation) Bill 2002
(a) the agreement ends on the stated day if the resident leaves on or 1
before that day; or 2
(b) otherwise, the agreement ends on the day the resident leaves. 3
(4) If a party to a residential service agreement gives a notice under this 4
part ending the agreement on a stated day, the agreement ends on the stated 5
day. 6
(5) A residential service agreement ends if the resident has abandoned 7
the resident's room17 and the period for which the rent has been paid has 8
ended. 9
76 Purporting to end agreement in unauthorised way 10
A service provider must not purport to end a residential service 11
agreement other than in a way the agreement may be ended under this part. 12
Maximum penalty--40 penalty units. 13
Division 2--Action by service provider 14
77 Notice to remedy breach 15
(1) This section applies if a service provider reasonably believes that a 16
resident has breached the residential service agreement and that the breach 17
has not been remedied. 18
(2) The service provider may give the resident a notice requiring the 19
resident to remedy the breach. 20
(3) The notice must-- 21
(a) be in the approved form; and 22
(b) give particulars of the breach; and 23
(c) state the day (the "due day") by which the resident must remedy 24
the breach; and 25
(d) be signed by the service provider. 26
17 See section 126 (Indications a resident has abandoned a room).
s 78 45 s 78
Residential Services (Accommodation) Bill 2002
(4) The notice may also state the steps that the service provider 1
reasonably believes are necessary to remedy the breach or avoid a further 2
breach of the residential service agreement. 3
(5) The due day must not be earlier than-- 4
(a) if the breach is nonpayment of rent and, at the time the rent was 5
due, the resident had been a resident of the rental premises for 6
less than 28 days--2 days after the notice is given; or 7
(b) if the breach is nonpayment of rent and paragraph (a) does not 8
apply--4 days after the notice is given; or 9
(c) otherwise--5 days after the notice is given. 10
(6) This section does not apply to a breach comprising nonpayment of 11
rent if-- 12
(a) when the rent was due, the resident had been a resident of the 13
rental premises for at least 28 days; and 14
(b) the rent has remained unpaid in breach of the agreement for less 15
than 2 days. 16
78 Notice to leave because of failure to remedy breach 17
(1) A service provider may give to a resident a notice requiring the 18
resident to leave the rental premises if-- 19
(a) the service provider reasonably believes the resident has 20
breached the residential service agreement; and 21
(b) the service provider has given the resident a notice under 22
section 77 requiring the resident to remedy the breach by a stated 23
due day; and 24
(c) the due day has passed; and 25
(d) the service provider reasonably believes that-- 26
(i) the breach has not been remedied; or 27
(ii) after the notice was given and before the due day, the 28
resident repeated the breach and has not remedied the 29
repeated breach. 30
(2) The notice must-- 31
(a) be in the approved form; and 32
s 79 46 s 79
Residential Services (Accommodation) Bill 2002
(b) state why the resident is being required to leave the premises; and 1
(c) state the day by which the resident must leave the premises; and 2
(d) be signed by the service provider. 3
(3) If the breach is nonpayment of rent and, at the time the rent was due, 4
the resident had been a resident of the rental premises for less than 28 days, 5
the resident may be required to leave immediately. 6
(4) Otherwise, the day by which the resident is required to leave the 7
premises must not be less than-- 8
(a) if the breach is nonpayment of rent--4 days after the notice is 9
given; or 10
(b) otherwise--2 days after the notice is given. 11
(5) The service provider may withdraw the notice at any time before the 12
resident leaves. 13
79 Notice to leave immediately because of serious breach 14
(1) A service provider may give to a resident a notice requiring the 15
resident to leave the rental premises immediately if the service provider 16
reasonably believes-- 17
(a) the resident has used the resident's room or common areas for an 18
illegal purpose; or 19
(b) the resident, or a guest of the resident, has intentionally or 20
recklessly-- 21
(i) destroyed or seriously damaged a part of the rental premises 22
or a facility in the rental premises; or 23
(ii) endangered another person in the rental premises; or 24
(iii) significantly interfered with the reasonable peace, comfort 25
or privacy of another resident or another resident's 26
appropriate use of the other resident's room or common 27
areas. 28
(2) The notice must-- 29
(a) state why the resident is being required to leave the premises; and 30
(b) be signed by the service provider. 31
s 80 47 s 81
Residential Services (Accommodation) Bill 2002
80 Notice to leave if premises destroyed etc. 1
(1) A service provider may give to a resident a notice requiring the 2
resident to leave the rental premises because the premises-- 3
(a) have been destroyed, or made completely or partly unfit to live 4
in, other than because of a breach of the residential service 5
agreement by the service provider; or 6
(b) no longer may be used lawfully as a residence; or 7
(c) have been appropriated or acquired compulsorily under a law. 8
(2) The notice may only be given within 1 month after the happening of 9
the event mentioned in subsection (1). 10
(3) The notice must-- 11
(a) be in the approved form; and 12
(b) state why the resident is being required to leave the premises; and 13
(c) state the day by which the resident must leave the premises; and 14
(d) be signed by the service provider. 15
(4) If the notice is given under subsection (1)(a) or (b), the resident may 16
be required to leave immediately. 17
(5) If the notice is given under subsection (1)(c), the day by which the 18
resident must leave the premises must not be less than 2 months after the 19
notice is given. 20
81 Ending of agreement by service provider without ground 21
(1) A service provider may end a periodic agreement by giving at least 22
30 days notice to the resident. 23
(2) A service provider may end a fixed term agreement by giving the 24
resident a notice stating the day, not before the end of the term and not less 25
than 14 days after the notice is given, on which the agreement ends. 26
(3) A notice under this section must state the day the resident is required 27
to leave the rental premises. 28
(4) However, the service provider may not give a notice to a resident 29
under this section because-- 30
(a) the resident has applied, or is proposing to apply, to a tribunal for 31
an order under this Act; or 32
s 82 48 s 82
Residential Services (Accommodation) Bill 2002
(b) the resident has complained to a government entity about an act 1
or omission of the service provider adversely affecting the 2
resident or another resident of the rental premises; or 3
(c) the resident has taken some other action to enforce the resident's 4
rights or the rights of another resident of the rental premises; or 5
(d) an order of a tribunal is in force relating to the service provider 6
and resident. 7
82 Power to remove resident 8
(1) This section applies if-- 9
(a) a service provider has given a resident a notice under this part 10
requiring the resident to leave the rental premises and the due day 11
for leaving has passed; or 12
(b) a service provider has given a resident a notice under this part 13
ending the residential service agreement and the agreement has 14
ended. 15
(2) If the resident refuses to leave the premises, it is lawful for the 16
service provider and anyone helping the service provider to use necessary 17
and reasonable force to remove the resident and the resident's property 18
from the rental premises. 19
(3) However, the service provider or someone helping the service 20
provider may use force under subsection (2) only while a police officer is 21
present.18 22
(4) For exercising a power under subsection (2), the service provider or 23
other person may enter the resident's room. 24
(5) The force that may be used under subsection (2) does not include 25
force that is likely to cause bodily harm to the resident or damage the 26
resident's property. 27
(6) In this section-- 28
"bodily harm" means any bodily injury that interferes with health or 29
comfort. 30
"due day", for leaving rental premises, means-- 31
18 See Police Powers and Responsibilities Act 2000, section 372B (Attendance at rental
premises while person or property is removed).
s 83 49 s 84
Residential Services (Accommodation) Bill 2002
(a) for a notice requiring a resident to leave by a stated day--the 1
stated day; or 2
(b) for a notice requiring a resident to leave immediately--the day 3
on which the notice is given. 4
Division 3--Action by resident 5
83 Notice to remedy breach 6
(1) This section applies if a resident reasonably believes that the service 7
provider has breached the residential service agreement and that the breach 8
has not been remedied. 9
(2) The resident may give the service provider a notice requiring the 10
service provider to remedy the breach. 11
(3) The notice must-- 12
(a) be in the approved form; and 13
(b) give particulars of the breach; and 14
(c) state the day (the "due day"), not earlier than 5 days after the 15
notice is given, by which the service provider must remedy the 16
breach; and 17
(d) be signed by the resident. 18
84 Notice ending fixed term agreement because of failure to remedy 19
breach 20
(1) A resident under a fixed term agreement may give the service 21
provider a notice ending the agreement before the end of the fixed term if-- 22
(a) the resident reasonably believes the service provider has 23
breached the agreement; and 24
(b) the resident has given the service provider a notice under 25
section 83 requiring the service provider to remedy the breach by 26
a stated due day; and 27
(c) the due day has passed; and 28
(d) the resident reasonably believes that-- 29
(i) the breach has not been remedied; or 30
s 85 50 s 86
Residential Services (Accommodation) Bill 2002
(ii) after the notice was given and before the due day, the 1
service provider repeated the breach and has not remedied 2
the repeated breach. 3
(2) The notice must-- 4
(a) be in the approved form; and 5
(b) state why the resident is ending the agreement; and 6
(c) state the day, not earlier than 7 days after the notice is given, on 7
which the resident is ending the agreement; and 8
(d) be signed by the resident. 9
85 Notice ending agreement if premises destroyed etc. 10
(1) A resident may give the service provider a notice ending the 11
residential service agreement because the resident's room or common areas 12
have been destroyed, or made completely or partly unfit to live in, other 13
than because of a breach of the residential service agreement by the 14
resident. 15
(2) The notice may only be given within 1 month after the happening of 16
the event mentioned in subsection (1). 17
(3) The notice must-- 18
(a) be in the approved form; and 19
(b) state why the resident is ending the agreement; and 20
(c) state the day on which the agreement is ended; and 21
(d) be signed by the resident. 22
(4) The notice may end the agreement immediately. 23
86 Ending of agreement by resident without ground 24
A resident may end a periodic agreement by giving at least 7 days notice 25
to the service provider. 26
s 87 51 s 89
Residential Services (Accommodation) Bill 2002
Division 4--Continuation of fixed term agreements 1
87 Continuation of fixed term agreement 2
(1) This section applies to a residential service agreement if-- 3
(a) under the agreement, accommodation is provided to the resident 4
for a fixed term; and 5
(b) the agreement does not provide for its continuance after the last 6
day of the term (the "end day"); and 7
(c) neither the service provider nor the resident gives the other party 8
a notice under this part ending the agreement; and 9
(d) the resident continues to occupy the resident's room after the end 10
day. 11
(2) The agreement continues to apply after the end day, as a periodic 12
agreement, on the same terms on which it applied immediately before the 13
end day other than the term about the fixed term. 14
(3) This section does not stop the service provider and resident from 15
entering into another residential service agreement starting at the end of the 16
fixed term. 17
Division 5--Goods or money left behind in premises 18
88 Application of div 5 19
This division applies if-- 20
(a) a residential service agreement ends; and 21
(b) money, a personal document or another item belonging, or 22
apparently belonging, to the former resident (the "lost 23
property") is left at the rental premises. 24
89 Unauthorised dealing with lost property 25
The service provider must not dispose of, or otherwise deal with, the lost 26
property other than under this division, unless the service provider has a 27
reasonable excuse. 28
Maximum penalty--40 penalty units. 29
s 90 52 s 91
Residential Services (Accommodation) Bill 2002
90 Personal document or money 1
(1) This section applies if the lost property is a personal document or 2
money. 3
(2) The service provider must-- 4
(a) make reasonable efforts to contact the former resident about the 5
property; and 6
(b) store the property safely for at least 28 days, unless it is 7
reclaimed before that time. 8
(3) If, at the end of 28 days, the property has not been reclaimed, the 9
service provider must give it to the public trustee. 10
(4) However, if the lost property is money and has not been reclaimed 11
after 28 days, the service provider may deduct any outstanding amount 12
owed by the former resident under the residential service agreement before 13
giving the remainder to the public trustee. 14
91 Item other than personal document or money 15
(1) This section applies if the lost property is not a personal document or 16
money. 17
(2) The service provider may sell the property, or dispose of it in another 18
way, if the service provider reasonably believes-- 19
(a) it is perishable; or 20
(b) its value is less than the amount prescribed under a regulation for 21
this subsection. 22
(3) Otherwise, the service provider must-- 23
(a) make reasonable efforts to contact the former resident about the 24
property; and 25
(b) store the property safely for at least 28 days, unless it is 26
reclaimed within that time. 27
(4) If, at the end of 28 days, the property has not been reclaimed, the 28
service provider must-- 29
(a) continue to store the property for the former resident; or 30
(b) sell the property after advertising it in a newspaper circulating 31
generally in the area in which the rental premises are situated. 32
s 92 53 s 93
Residential Services (Accommodation) Bill 2002
(5) However, if the service provider reasonably believes the value of the 1
property is less than the amount prescribed under a regulation for this 2
subsection, the service provider may donate the property to charity instead 3
of selling it under subsection (4)(b). 4
(6) If the person entitled to the property claims it before it is disposed of 5
under this section, and pays the reasonable costs incurred by the service 6
provider under this section, the service provider must give the property to 7
the person. 8
(7) If the service provider sells the property under this section, the 9
proceeds must be applied-- 10
(a) in payment of the reasonable costs incurred by the service 11
provider under this section; and 12
(b) in payment of any outstanding amount owed by the former 13
resident under the residential service agreement; and 14
(c) in payment of any balance-- 15
(i) if the person entitled to the property has been located by the 16
time of the sale--to the person; or 17
(ii) otherwise--to the public trustee. 18
92 Personal document given to public trustee 19
(1) This section applies if a service provider gives a personal document 20
to the public trustee under section 90. 21
(2) The public trustee must keep the document for at least 6 months, 22
unless it is reclaimed within that time. 23
(3) If, at the end of the 6 months, the document has not been reclaimed, 24
the public trustee may deal with it in any way the public trustee considers 25
appropriate. 26
93 Money given to public trustee 27
(1) This section applies if a service provider gives an amount to the 28
public trustee under section 90 or 91. 29
(2) The public trustee must pay the amount into the unclaimed moneys 30
fund kept under the Public Trustee Act 1978. 31
s 94 54 s 95
Residential Services (Accommodation) Bill 2002
(3) The public trustee may, on application by the service provider, pay an 1
amount to the service provider from the fund-- 2
(a) in payment of the reasonable expenses incurred by the service 3
provider under this division relating to the lost property; or 4
(b) in payment of any outstanding amount owed by the former 5
resident under the residential service agreement. 6
(4) On application made to a tribunal by the service provider, the tribunal 7
may make an order conferring on the service provider an entitlement to 8
receive, from the fund, an amount mentioned in subsection (3)(a) or (b). 9
(5) An amount paid by the public trustee under subsection (3) or an 10
amount to which an order relates under subsection (4) may not be more 11
than the amount given to the public trustee under section 90 or 91. 12
94 Application to tribunal about lost property 13
(1) This section applies if the person entitled to the lost property is 14
dissatisfied with the way the service provider has dealt with it or is dealing 15
with it. 16
(2) The person may apply to a tribunal for an order under this section. 17
(3) On an application under this section, the tribunal may-- 18
(a) make an order requiring the service provider to pay to the person 19
an amount it considers appropriate as compensation for any loss 20
or expense incurred by the person because of the service 21
provider's action in dealing with the property; or 22
(b) make any other order it considers appropriate. 23
PART 10--CONCILIATION OF SERVICE DISPUTES 24
Division 1--Preliminary 25
95 Service dispute 26
This part applies if-- 27
s 96 55 s 98
Residential Services (Accommodation) Bill 2002
(a) there is an issue in dispute relating to a residential service 1
agreement (a "service dispute"); and 2
(b) the service provider and resident have been unable to resolve the 3
service dispute through negotiation or, if there is a dispute 4
resolution process operating for the residential service, by using 5
that process. 6
Division 2--Conciliation 7
96 Conciliation process 8
(1) A "conciliation process" is a process of conciliation under which 9
the parties are helped and encouraged to achieve a resolution of their 10
dispute. 11
(2) In division 6,19 a "conciliation process" includes all the steps 12
involved in the process of conciliation, including, for example-- 13
(a) telephone conferencing; and 14
(b) joint sessions; and 15
(c) private sessions; and 16
(d) another step prescribed under a regulation. 17
97 Some matters not suitable for conciliation 18
(1) The authority may refuse to provide a conciliation service to parties 19
to a service dispute if the authority considers the dispute is unsuitable for 20
conciliation. 21
(2) The authority may refuse to provide a conciliation service to parties 22
to a service dispute about the provision of a food service or a personal care 23
service to the resident under a residential service agreement. 24
98 Functions of conciliator 25
The functions of a conciliator under this Act are-- 26
19 Division 6 (Confidentiality, privilege and immunity)
s 99 56 s 100
Residential Services (Accommodation) Bill 2002
(a) to encourage the settlement of a service dispute by facilitating, 1
and helping to conduct, negotiations between parties to the 2
dispute; and 3
(b) to promote the open exchange of information relevant to the 4
dispute by the parties; and 5
(c) to provide to the parties information about the operation of this 6
Act relevant to the settlement of the dispute; and 7
(d) to help in the settlement of the dispute in any other appropriate 8
way. 9
10
Examples of facilitating and helping to conduct negotiations--
11
1. Facilitating telephone conferencing.
12
2. Interviewing the parties, together or separately.
Division 3--Starting the conciliation process 13
99 Making dispute resolution request 14
(1) The service provider or a resident under a residential service 15
agreement may make a request (a "dispute resolution request") to the 16
authority asking it to try to resolve a service dispute. 17
(2) The dispute resolution request must be in the approved form. 18
100 Action to be taken on dispute resolution request 19
(1) As soon as practicable after receiving a dispute resolution request, 20
the authority must start a conciliation process for the parties to the service 21
dispute. 22
(2) However, if the authority considers the service dispute is not suitable 23
for conciliation, it may give a notice to the parties that the dispute is not 24
suitable for conciliation. 25
s 101 57 s 104
Residential Services (Accommodation) Bill 2002
Division 4--Conduct of conciliation process 1
101 Conciliation fee 2
(1) This section applies if a conciliation fee is prescribed under a 3
regulation. 4
(2) If a dispute resolution request is made, the conciliator may start the 5
conciliation process only if the person who made the request has paid the 6
prescribed fee to the authority. 7
(3) However, the authority may waive the fee if it is satisfied in all the 8
circumstances it would be unreasonable to impose a fee. 9
102 Limited right of representation 10
(1) During the conciliation process, each party to the service dispute 11
must conduct the party's own case. 12
(2) However, a party may be represented by a person if-- 13
(a) the party is a corporation or the conciliator is satisfied, and 14
continues to be satisfied, a person should be allowed to represent 15
the party; and 16
(b) the representative is approved by the conciliator. 17
103 Party's participation in conciliation process not compellable 18
(1) A party to the service dispute can not be compelled to participate in 19
the conciliation process. 20
(2) A party may withdraw from the conciliation process at any time. 21
(3) The conciliation process may be ended at any time by the conciliator. 22
104 Parties to conciliation process 23
(1) A person who is not a party to the service dispute may take part in the 24
conciliation process if the authority or conciliator is satisfied the person has 25
a sufficient interest in the resolution of the dispute. 26
(2) However, the person does not become a party to the dispute. 27
s 105 58 s 107
Residential Services (Accommodation) Bill 2002
105 Conciliation agreement 1
(1) This section applies if the parties to the tenancy dispute reach an 2
agreement on resolving the dispute. 3
(2) The agreement must be put into writing and signed by the parties. 4
(3) The agreement must not be inconsistent with this Act.20 5
Division 5--Withdrawal of dispute 6
106 Withdrawal of dispute 7
(1) A person may, by giving a notice to the authority, withdraw a dispute 8
resolution request made by the person. 9
(2) The notice may be given before or after a conciliator starts the 10
conciliation process for the service dispute. 11
Division 6--Confidentiality, privilege and immunity 12
107 Conciliator to maintain secrecy 13
(1) A conciliator involved in a conciliation process must not disclose 14
information coming to the conciliator's knowledge during the conciliation 15
process. 16
Maximum penalty--20 penalty units. 17
(2) Subsection (1) does not apply to the disclosure of information-- 18
(a) with the agreement of all parties to the service dispute; or 19
(b) for statistical purposes, without revealing the identity of any 20
person about whom the information is relevant; or 21
(c) for an inquiry or proceeding about an offence or other 22
misconduct that happens during the conciliation process; or 23
20 Under section 11(d), the terms of the agreement are taken to be included as part of
the residential service agreement.
s 108 59 s 109
Residential Services (Accommodation) Bill 2002
(d) if the information is about injury or the threat of injury to any 1
person; or 2
(e) under a requirement under this or another Act. 3
108 Ordinary protection and immunity allowed 4
(1) A conciliator has, in performing the conciliator's functions, the same 5
protection and immunity as a Supreme Court judge performing the 6
functions of a judge. 7
(2) A person who is a party, or a party's representative, appearing during 8
the conciliation process for a service dispute has the same protection and 9
immunity the person would have if the dispute were being heard in the 10
Supreme Court. 11
(3) A document produced during, or used for, a conciliation process has 12
the same protection during the process it would have if produced before the 13
Supreme Court. 14
109 Admission made in conciliation process 15
(1) Evidence of anything said or an admission made during the 16
conciliation process for a service dispute is inadmissable-- 17
(a) at the hearing before a tribunal of an application relating to an 18
issue to which the conciliation process relates; or 19
(b) in another proceeding before a court or elsewhere. 20
(2) In this section-- 21
"proceeding" does not include a civil proceeding founded on fraud alleged 22
to be connected with, or to have happened during, the conciliation 23
process. 24
s 110 60 s 111
Residential Services (Accommodation) Bill 2002
PART 11--APPLICATIONS TO TRIBUNALS 1
Division 1--Preliminary 2
110 Dispute resolution request required before applying to tribunal 3
(1) The service provider or resident under a residential service 4
agreement may apply under this Act to a tribunal about an issue only if the 5
applicant has first made a dispute resolution request about the issue and-- 6
(a) the conciliation process has ended without a conciliated 7
resolution having been reached, because-- 8
(i) the authority refuses to provide a conciliation service about 9
the issue;21 or 10
(ii) a party refuses to participate, or continue to participate, in 11
the conciliation process;22 or 12
(iii) the parties participate in the conciliation process but do not 13
reach an agreement on resolving the dispute; or 14
(b) a conciliated resolution is reached but the applicant reasonably 15
believes the other party has breached the conciliation agreement. 16
(2) This section does not apply to an application under section 112. 17
111 Reference to making tribunal application includes making of 18
dispute resolution request 19
(1) This section applies if-- 20
(a) an application about an issue (the "dispute issue") may be made 21
to a tribunal by the service provider or resident under a 22
residential service agreement; and 23
(b) under a provision of this Act, the question whether the 24
application has been made is relevant to an issue. 25
(2) A reference in the provision to the making of an application about the 26
dispute issue includes a reference to the making of a dispute resolution 27
request to the authority about the dispute issue. 28
21 See section 97 (Some matters not suitable for conciliation).
22 See section 103 (Party's participation in conciliation process not compellable).
s 112 61 s 114
Residential Services (Accommodation) Bill 2002
Division 2--General powers of tribunals 1
112 Application of Act to agreement 2
(1) A person may apply to a tribunal for an order, and the tribunal may 3
make an order, declaring that a stated agreement is, or is not, a residential 4
service agreement. 5
(2) The tribunal may allow the authority to intervene in, or support, an 6
application under subsection (1). 7
113 Application about breach of agreement 8
(1) The service provider or a resident under a residential service 9
agreement who claims there has been a breach of the agreement may apply 10
to a tribunal for an order about the breach. 11
(2) The application may only be made within 6 months after the service 12
provider or resident becomes aware of the breach. 13
(3) The application may be made-- 14
(a) during the term of the agreement or after the agreement has 15
ended; and 16
(b) whether or not the authority is holding a rental bond for the 17
agreement when the application is made. 18
114 Orders about breach of agreement 19
(1) If an application about a breach is made to a tribunal, the tribunal 20
may make any 1 or more of the following orders-- 21
(a) an order restraining any action in breach of the agreement; 22
(b) an order for the payment of money; 23
(c) an order requiring an action in performance of the agreement; 24
(d) an order that a party to the agreement perform the work, or take 25
the steps, stated in the order to remedy a breach of the agreement; 26
(e) an order for compensation; 27
(f) an order requiring payment of all or part of the rent under the 28
agreement to the tribunal until-- 29
(i) the whole or part of the agreement has been performed; or 30
s 115 62 s 115
Residential Services (Accommodation) Bill 2002
(ii) an application for compensation has been decided; 1
(g) an order requiring payment, from rent paid to the tribunal, 2
towards-- 3
(i) the cost of remedying a breach of the agreement; or 4
(ii) an amount of compensation. 5
(2) An order under subsection (1)(a) may be made even if it provides a 6
remedy in the nature of an injunction or order for specific performance in 7
circumstances where the remedy would not otherwise be available. 8
(3) Without limiting subsection (1), in making an order for compensation 9
in favour of a service provider, a tribunal must have regard to the 10
following-- 11
(a) rent required to be paid but not paid for the period starting when 12
the agreement is ended because of the resident's action and 13
ending-- 14
(i) when the period fixed as the term of the accommodation 15
ends; or 16
(ii) if the resident's room is relet before the end of the period 17
mentioned in subparagraph (i)--when the room is relet; 18
(b) advertising expenses incurred by the service provider for 19
reletting the resident's room; 20
(c) other expenses incurred by the service provider for work carried 21
out by the service provider for reletting the resident's room; 22
(d) whether the service provider has taken all reasonable steps to 23
mitigate the loss or expense. 24
115 Dispute about resident's notice 25
(1) This section applies if a resident gives to the service provider-- 26
(a) a notice under section 83 requiring the service provider to 27
remedy a breach; or 28
(b) a notice under this Act ending the residential service agreement, 29
other than a notice under section 86.23 30
23 Section 86 (Ending of agreement by resident without ground)
s 116 63 s 117
Residential Services (Accommodation) Bill 2002
(2) If the service provider disputes the ground stated in the notice, the 1
service provider may apply to a tribunal for an order about the notice. 2
(3) If the tribunal is satisfied the resident was not entitled to give the 3
notice on the ground stated, it may make an order under this section. 4
(4) If the tribunal decides the application before the agreement ends, it 5
may make any order it considers appropriate. 6
(5) If the tribunal decides the application after the agreement is ended 7
because of the resident's action, it may make an order requiring the resident 8
to pay to the service provider an amount it considers appropriate as 9
compensation for any loss (including loss of rent) or expense incurred by 10
the service provider by the resident ending the agreement. 11
116 Dispute about service provider's notice 12
(1) This section applies if a service provider gives to a resident-- 13
(a) a notice under section 77 requiring the resident to remedy a 14
breach; or 15
(b) a notice requiring the resident to leave the rental premises, other 16
than a notice under section 81.24 17
(2) If the resident disputes the ground stated in the notice, the resident 18
may apply to a tribunal for an order about the notice. 19
(3) If the tribunal is satisfied the service provider was not entitled to give 20
the notice on the ground stated, it may make an order under this section. 21
(4) If the tribunal decides the application before the agreement ends, it 22
may make any order it considers appropriate. 23
(5) If the tribunal decides the application after the agreement is ended 24
because of the service provider's action, it may make an order requiring the 25
service provider to pay to the resident an amount it considers appropriate as 26
compensation for any loss or expense incurred by the resident for having to 27
leave the rental premises. 28
117 Dispute about entry to resident's room or removal of resident 29
(1) This section applies if a resident claims the service provider or 30
someone helping the service provider has-- 31
24 Section 81 (Ending of agreement by service provider without ground)
s 118 64 s 120
Residential Services (Accommodation) Bill 2002
(a) unlawfully entered the resident's room; or 1
(b) unlawfully removed the resident or the resident's property from 2
the rental premises. 3
(2) The resident may apply to a tribunal for an order. 4
(3) The application may only be made within 6 months after the 5
happening of the event mentioned in subsection (1). 6
(4) The application may be made during the term of the agreement or 7
after the agreement has ended. 8
(5) The tribunal may make any order it considers appropriate, including 9
an order for compensation. 10
118 Application to end fixed term agreement because of excessive 11
hardship 12
(1) The service provider or a resident under a fixed term agreement may 13
apply to a tribunal for an order ending the agreement because the applicant 14
would suffer excessive hardship if the agreement were not terminated. 15
(2) The tribunal may make the order if it is satisfied the applicant has 16
established the ground of the application. 17
(3) If the tribunal makes the order, it may also make any other order it 18
considers appropriate including, for example, an order that the applicant 19
pay compensation to the other party. 20
119 General dispute between service provider and resident 21
If there is a dispute between the service provider and a resident under a 22
residential service agreement about the agreement, either party may apply 23
to a tribunal for an order, and the tribunal may make any order it considers 24
appropriate, to resolve the dispute. 25
120 Disputes between coresidents about rental bonds 26
(1) If there is a dispute between coresidents about a rental bond for a 27
residential service agreement, any coresident may apply to a tribunal for an 28
order, and the tribunal may make any order it considers appropriate, to 29
resolve the dispute. 30
s 121 65 s 124
Residential Services (Accommodation) Bill 2002
(2) The tribunal may not make an order under this section without giving 1
the service provider an opportunity to be heard on the application. 2
121 Other powers 3
A tribunal also has the powers given by sections 22, 45, 54, 62, 93 and 4
94.25 5
122 Different applications may be decided together 6
If different applications about a residential service agreement are made 7
to a tribunal by the service provider and the resident, or either of them, the 8
tribunal may consider and decide the applications at the same time. 9
PART 12--PROCEEDINGS 10
Division 1--Evidence 11
123 Rental bonds 12
A certificate purporting to be signed for the authority stating that, at a 13
stated time, or during a stated period, the authority held, or did not hold, a 14
rental bond for a stated residential service agreement is evidence of the 15
matter stated. 16
124 Accreditation Act matters 17
A certificate, purporting to be signed by the chief executive of the 18
department in which the accreditation Act is administered, stating any of 19
the following matters is evidence of the matter-- 20
(a) on a stated day, or during a stated period, a residential service 21
was or was not registered under that Act; 22
25 Sections 22 (Rent decreases), 45 (Tribunal order about payment), 54 (Rental bond
resulting from rent decrease), 62 (Application to tribunal about proposed rule
change), 93 (Money given to public trustee) and 94 (Application to tribunal about
lost property),
s 125 66 s 126
Residential Services (Accommodation) Bill 2002
(b) on a stated day, or during a stated period, a stated person was or 1
was not registered as the service provider for a registered service; 2
(c) on a stated day, or during a stated period, premises were or were 3
not registered as premises in which a registered service is 4
conducted. 5
125 Other evidentiary aids 6
(1) A certificate signed by the chief executive officer, the chairperson or 7
an authorised person, and stating any of the following matters is evidence 8
of the matter-- 9
(a) a stated document is-- 10
(i) a notice, or a copy of a notice, given under this Act; or 11
(ii) a record, or a copy of a record, kept under this Act; or 12
(iii) a document, or a copy of a document, kept under this Act; 13
(b) on a stated day, a stated person was given a stated notice under 14
this Act. 15
(2) A certificate purporting to be signed by a registrar under the Small 16
Claims Tribunals Act 1973, stating that a stated document is an order, or a 17
copy of an order, made by a tribunal under this Act, is evidence of the 18
matter. 19
126 Indications a resident has abandoned a room 20
(1) A tribunal may have regard to the matters stated in subsection (2) 21
in-- 22
(a) deciding under section 69(b)26 whether, at a particular time, a 23
service provider held a reasonable belief that a resident had 24
abandoned the resident's room; or 25
(b) deciding under section 75(5)27 whether, at a particular time, a 26
resident had abandoned the resident's room. 27
(2) Indications that a resident has abandoned the resident's room include 28
the following-- 29
26 Section 69 (Entry without notice)
27 Section 75 (Ending of agreement)
s 127 67 s 128
Residential Services (Accommodation) Bill 2002
(a) a failure of the resident to pay rent under the residential service 1
agreement; 2
(b) the presence at the rental premises of uncollected mail, 3
newspapers or other material for the resident; 4
(c) reports from other residents or other persons indicating the 5
resident has abandoned the room; 6
(d) the absence of household goods in the room; 7
(e) a failure of the resident to respond to a notice given to the 8
resident under part 7 about a proposed entry to the room. 9
Division 2--Offence proceedings 10
127 Summary proceedings for offence 11
(1) A proceeding for an offence against this Act must be taken in a 12
summary way under the Justices Act 1886. 13
(2) A proceeding for an offence against section 30 or 3128 must start-- 14
(a) within 1 year after the offence comes to the complainant's 15
knowledge; and 16
(b) during the currency of the residential service agreement for 17
which the rental bond or rental bond instalment is paid or within 18
1 year after the end of the agreement. 19
(3) A proceeding for an offence against a provision other than section 30 20
or 31 must start within 1 year after the offence comes to the complainant's 21
knowledge and within 2 years after the offence is committed. 22
128 Statement of complainant's knowledge 23
In a complaint starting a proceeding for an offence against this Act, a 24
statement that the matter of the complaint came to the complainant's 25
knowledge on a stated day is evidence of when the matter came to the 26
complainant's knowledge. 27
28 Section 30 (Duty to pay rental bond) or 31 (Duty to pay rental bond instalments)
s 129 68 s 131
Residential Services (Accommodation) Bill 2002
129 False or misleading entry or document 1
In a proceeding for an offence against section 20(1)(a) or 132,29 it is 2
enough for a charge to state that the relevant entry or document was, 3
without specifying which, `false or misleading'. 4
130 Responsibility for act or omission of representative 5
(1) This section applies in a proceeding for an offence against this Act. 6
(2) If it is relevant to prove a person's state of mind about a particular act 7
or omission, it is enough to show-- 8
(a) the act was done or omitted to be done by a representative of the 9
person within the scope of the representative's actual or apparent 10
authority; and 11
(b) the representative had the state of mind. 12
(3) An act done or omitted to be done for a person by a representative of 13
the person within the scope of the representative's actual or apparent 14
authority is taken to have been done or omitted to be done also by the 15
person, unless the person proves the person could not, by the exercise of 16
reasonable diligence, have prevented the act or omission. 17
(4) In this section-- 18
"representative" means-- 19
(a) for a corporation--an executive officer, employee or agent of the 20
corporation; or 21
(b) for an individual--an employee or agent of the individual. 22
"state of mind" of a person includes-- 23
(a) the person's knowledge, intention, opinion, belief or purpose; 24
and 25
(b) the person's reasons for the intention, opinion, belief or purpose. 26
131 Executive officers must ensure corporation complies with Act 27
(1) The executive officers of a corporation must ensure the corporation 28
complies with this Act. 29
29 Section 20 (False, misleading or incomplete rent record) or 132 (False or misleading
documents)
s 132 69 s 132
Residential Services (Accommodation) Bill 2002
(2) If a corporation commits an offence against a provision of this Act, 1
each of the corporation's executive officers also commits an offence, 2
namely, the offence of failing to ensure the corporation complies with the 3
provision. 4
Maximum penalty--the penalty for the contravention of the provision by 5
an individual. 6
(3) Evidence that the corporation has been convicted of an offence 7
against a provision of this Act is evidence that each of the executive 8
officers committed the offence of failing to ensure the corporation 9
complies with the provision. 10
(4) However, it is a defence for an executive officer to prove-- 11
(a) if the officer was in a position to influence the conduct of the 12
corporation in relation to the offence, the officer exercised 13
reasonable diligence to ensure the corporation complied with the 14
provision; or 15
(b) the officer was not in a position to influence the conduct of the 16
corporation in relation to the offence. 17
132 False or misleading documents 18
(1) A person must not give the authority a document containing 19
information that the person knows is false or misleading in a material 20
particular. 21
Maximum penalty--20 penalty units. 22
(2) Subsection (1) does not apply to a person if the person, when giving 23
the document-- 24
(a) tells the authority, to the best of the person's ability, how it is 25
false or misleading; and 26
(b) if the person has, or can reasonably obtain, the correct 27
information, gives the correct information. 28
s 133 70 s 134
Residential Services (Accommodation) Bill 2002
PART 13--MISCELLANEOUS 1
133 Giving notice to resident with impaired capacity 2
(1) This section applies if-- 3
(a) the service provider for a residential service knows that 1 or more 4
administrators for a financial matter have been appointed under 5
the Guardianship and Administration Act 2000 for a resident of 6
the residential service; or 7
(b) the service provider for a residential service reasonably considers 8
a resident of the residential service is a person with impaired 9
capacity for a financial matter and the service provider knows 10
that 1 or more attorneys for a financial matter have been 11
appointed by the resident under an enduring power of attorney 12
under the Powers of Attorney Act 1998. 13
(2) If a provision of this Act requires the service provider to give a notice 14
to the resident-- 15
(a) the service provider must instead give the notice to the person 16
appointed or, if more than 1 person has been appointed, to any 1 17
of the persons appointed; and 18
(b) the giving of a notice under paragraph (a) is sufficient 19
compliance with the provision. 20
(3) In this section-- 21
"financial matters" see the Guardianship and Administration Act 2000, 22
schedule 2, section 1. 23
"person with impaired capacity", for a financial matter, means a person 24
who is incapable of-- 25
(a) understanding the nature and effect of decisions about the matter; 26
or 27
(b) freely and voluntarily making decisions about the matter; or 28
(c) communicating the decisions in some way. 29
134 Applications for more than prescribed amount 30
(1) This section applies to an application if-- 31
s 135 71 s 136
Residential Services (Accommodation) Bill 2002
(a) a provision of this Act provides that the application may be made 1
to a tribunal; and 2
(b) the application seeks the payment of an amount (the 3
"application amount") greater than the prescribed amount 4
under the Small Claims Tribunals Act 1973, section 4(1). 5
(2) In a provision of this Act about the application, a reference to a 6
tribunal is taken to be a reference to a court with jurisdiction for the 7
application amount. 8
(3) A provision of this Act about the application applies with necessary 9
changes as if the tribunal were the court. 10
135 Reporting a matter relating to the accreditation Act 11
(1) This section applies to a person if-- 12
(a) the person is an authorised person, a public service officer in the 13
department or an officer of the authority; and 14
(b) in the course of carrying out a function or exercising a power 15
under this Act, the person becomes aware of a matter that the 16
person reasonably believes is a contravention of the accreditation 17
Act or is relevant to a decision under that Act about the 18
registration or accreditation of a residential service. 19
(2) The person must report the matter to the chief executive of the 20
department within which that Act is administered, unless-- 21
(a) the person knows, or reasonably supposes, that the chief 22
executive of that department is aware of the matter; or 23
(b) the person reasonably believes the matter is a trivial 24
contravention of the accreditation Act or of minor relevance to a 25
decision under that Act about the registration or accreditation of 26
a residential service. 27
136 Confidentiality 28
(1) This section applies to a person-- 29
(a) who is, or has been, the chief executive officer, a member of the 30
authority's board of directors, an employee of the authority or an 31
authorised person; and 32
s 137 72 s 138
Residential Services (Accommodation) Bill 2002
(b) who, in the course of administering this Act or because of 1
opportunity provided by involvement in administering this Act-- 2
(i) acquired confidential information about someone else; or 3
(ii) gained access to a document containing confidential 4
information about someone else. 5
(2) The person must not make a record of the information, disclose the 6
information to anyone else or give access to the document containing the 7
information to anyone else, other than-- 8
(a) for a purpose of this Act; or 9
(b) with the consent of the person to whom the information relates; 10
or 11
(c) in compliance with lawful process requiring production of 12
documents or giving of evidence before a court or tribunal; or 13
(d) as expressly permitted or required by another Act. 14
Maximum penalty--50 penalty units. 15
(3) In this section-- 16
"confidential information" means information about a person's affairs, 17
including the person's criminal history, but does not include-- 18
(a) information that is publicly available; or 19
(b) statistical or other information that could not reasonably be 20
expected to result in the identification of the person to whom it 21
relates. 22
137 Approved forms 23
The chief executive officer may approve forms for use under this Act. 24
138 Regulation-making power 25
(1) The Governor in Council may make regulations under this Act. 26
(2) A regulation may-- 27
(a) impose a fee; or 28
(b) impose a penalty of not more than 20 penalty units for a 29
contravention of a regulation. 30
s 139 73 s 140
Residential Services (Accommodation) Bill 2002
139 Transitional--continuing agreements 1
(1) This section applies to a residential service agreement in force 2
immediately before the commencement day. 3
(2) Section 1630 does not apply to the agreement until-- 4
(a) for a written fixed term agreement--the day that is 1 year after 5
the commencement day; or 6
(b) otherwise--the day that is 6 months after the commencement 7
day. 8
(3) An amount paid under the agreement before the commencement day 9
is taken to be a rental bond if, at the time of payment, the amount was a 10
rental bond under the Residential Tenancies Act 1994. 11
(4) If the service provider received 1 or more rental bond instalments 12
under the agreement before the commencement day that, on the 13
commencement day, have not been paid to the authority, section 31(4)31 14
applies to the service provider as if a reference to the day that is 3 months 15
after the service provider receives the first rental bond instalment were a 16
reference to the day that is 3 months after the commencement day. 17
(5) In this section-- 18
"commencement day" means the day this section commences. 19
PART 14--AMENDMENTS 20
Division 1--Amendment of Police Powers and Responsibilities Act 2000 21
140 Act amended in div 1 22
This division amends the Police Powers and Responsibilities Act 2000. 23
30 Section 16 (Written agreement)
31 Section 31 (Duty to pay rental bond instalments)
s 141 74 s 143
Residential Services (Accommodation) Bill 2002
141 Insertion of new s 372B 1
Before section 373-- 2
insert-- 3
`372B Attendance at rental premises while person or property is 4
removed 5
`(1) At the request of a service provider, a police officer may enter and 6
stay in a person's room in rental premises while the service provider, or 7
someone helping the service provider, exercises a power under the 8
Residential Services (Accommodation) Act 2002, section 8232 to remove the 9
person or the person's property from the rental premises. 10
`(2) Subsection (1) does not limit any other power of the police officer 11
under another Act or law. 12
`(3) In this section-- 13
"rental premises" means premises in which a residential service is being 14
conducted. 15
"residential service" see the Residential Services (Accreditation) Act 16
2002, section 4. 17
"service provider" means a person conducting a residential service.'. 18
Division 2--Amendments of Property Agents and Motor Dealers Act 19
2000 20
142 Act amended in div 2 21
This division amends the Property Agents and Motor Dealers Act 2000. 22
143 Amendment of s 125 (Acting as restricted letting agent) 23
Section 125-- 24
insert-- 25
`(3) A person does not act as a restricted letting agent only because the 26
person collects rents for the service provider for a residential service, as an 27
32 Residential Services (Accommodation) Act 2002, section 82 (Power to remove
resident)
s 144 75 s 146
Residential Services (Accommodation) Bill 2002
employee of the service provider, if the rents are collected in the course of 1
the conduct of the service.'. 2
144 Amendment of s 160 (Acting as real estate agent) 3
Section 160(4)(a)-- 4
omit, insert-- 5
`(a) a person does not act as a real estate agent only because the 6
person-- 7
(i) collects rents for a real estate agent as an employee of the 8
agent; or 9
(ii) collects rents for the service provider for a residential 10
service, as an employee of the service provider, if the rents 11
are collected in the course of the conduct of the service; 12
and'. 13
145 Amendment of sch 3 (Dictionary) 14
Schedule 3-- 15
insert-- 16
` "residential service" see the Residential Services (Accreditation) Act 17
2002, section 4. 18
"service provider" means-- 19
(a) for a residential service registered under the Residential Services 20
(Accreditation) Act 2002--the person registered under that Act as 21
the service provider for the service; or 22
(b) for another residential service--the person conducting the 23
service.'. 24
Division 3--Amendments of Residential Tenancies Act 1994 25
146 Act amended in div 3 26
This division amends the Residential Tenancies Act 1994. 27
s 147 76 s 150
Residential Services (Accommodation) Bill 2002
147 Replacement of s 22 (Boarders and lodgers) 1
Section 22-- 2
omit, insert-- 3
`22 Residential service agreements, boarders and lodgers 4
`(1) This Act does not apply to a residential tenancy agreement if-- 5
(a) the agreement is a residential service agreement; or 6
(b) the tenant is a boarder or lodger. 7
`(2) However, if a rental bond is paid for a residential tenancy 8
agreement, other than a residential service agreement, under which the 9
tenant is a boarder or lodger, the provisions of this Act about rental bonds 10
apply to the agreement.'. 11
148 Amendment of s 55 (Seizure of tenant's goods for rent etc.) 12
Section 55(2)-- 13
omit, insert-- 14
`(2) However, subsection (1) does not apply to the seizure or disposal of 15
goods under section 230A33 or an enforcement warrant.'. 16
149 Amendment of s 78 (Order for payment if guilty of offence) 17
Section 78(1), `section 59 or 60,'-- 18
omit, insert-- 19
`section 59, 59A or 60, '. 34
20
150 Amendment of s 80 (Rental bond account) 21
(1) Section 80(1), after `receives'-- 22
insert-- 23
`under this Act or the accommodation Act'. 24
33 Section 230A (Goods left on premises)
34 Section 59 (Duty to pay rental bond), 59A (Duty to pay rental bond instalments) or
60 (Duty to pay rental bond if financial protection given)
s 151 77 s 154
Residential Services (Accommodation) Bill 2002
(2) Section 80(2)(b)-- 1
renumber as section 80(2)(c). 2
(3) Section 80(2)-- 3
insert-- 4
`(b) amounts payable under part 5, division 2 of the accommodation 5
Act;35'. 6
151 Amendment of s 81 (Rental bond interest account) 7
Section 81(2)(a), after `Act'-- 8
insert-- 9
`or the accommodation Act'. 10
152 Amendment of s 82 (Other payments from rental bond interest 11
account) 12
(1) Section 82(1)(c), after `tenants'-- 13
insert-- 14
`or relationships between service providers and residents'. 15
(2) Section 82(1)(d), `agreements'-- 16
omit, insert-- 17
`residential tenancy agreements or residential service agreements'. 18
153 Amendment of s 258 (Authorised persons under this chapter) 19
Section 258(2), after `this Act'-- 20
insert-- 21
`or the accommodation Act'. 22
154 Amendment of s 262 (Authorised person's identity card) 23
Section 262(2)(d), after `this Act'-- 24
35 Part 5 (Rental bonds), division 2 (Payments by authority) of the accommodation Act
s 155 78 s 159
Residential Services (Accommodation) Bill 2002
insert-- 1
`and the accommodation Act'. 2
155 Amendment of s 265 (Warrants for entry) 3
Section 265(4)(a), after `this Act'-- 4
insert-- 5
`or the accommodation Act'. 6
156 Amendment of s 267 (Authorised person's general powers for 7
places) 8
Section 267(1)(ca), after `this Act'-- 9
insert-- 10
`or the accommodation Act'. 11
157 Amendment of s 267B (Power to require information from certain 12
persons) 13
Section 267B(1)(a), after `this Act'-- 14
insert-- 15
`or the accommodation Act'. 16
158 Amendment of s 271 (Compensation) 17
Section 271(2)(b), after `this Act'-- 18
insert-- 19
`or the accommodation Act'. 20
159 Amendment of s 277 (Evidentiary provisions) 21
Section 277(1), after `this Act'-- 22
insert-- 23
`or the accommodation Act'. 24
s 160 79 s 161
Residential Services (Accommodation) Bill 2002
160 Amendment of s 289 (Authority's functions) 1
(1) Section 289(a), (b) and (c)(ii), after `this Act'-- 2
insert-- 3
`and the accommodation Act'. 4
(2) Section 289(c)(i) and (f), after `issues'-- 5
insert-- 6
`and residential services issues'. 7
(3) Section 289(d)-- 8
omit, insert-- 9
`(d) without limiting paragraph (c), to give advice to the Minister 10
about-- 11
(i) the application of this Act to agreements, premises or 12
entities; and 13
(ii) the application of this Act or the accommodation Act to 14
residential service agreements, rental premises under the 15
accommodation Act or entities; and'. 16
(4) Section 289(e), `this Act's operation'-- 17
omit, insert-- 18
`the operation of this Act and the accommodation Act'. 19
(5) Section 289(g), after `agreements'-- 20
insert-- 21
`and residential service agreements'. 22
(6) Section 289(h), after `agreements'-- 23
insert-- 24
`and proceedings about the application of the accommodation Act to 25
residential service agreements'. 26
161 Amendment of s 319 (Protection from liability) 27
Section 319(2), after `this Act'-- 28
insert-- 29
`or the accommodation Act'. 30
s 162 80 s 162
Residential Services (Accommodation) Bill 2002
162 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
` "accommodation Act" means the Residential Services (Accommodation) 4
Act 2002. 5
"enforcement warrant" means an enforcement warrant under the 6
Supreme Court of Queensland Act 1991. 7
"relative" of a person-- 8
(a) means the person's spouse, child, grandchild, great-grandchild, 9
parent, grandparent, great-grandparent, brother, sister, uncle, 10
aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, 11
son-in-law, sister-in-law or brother-in-law; and 12
(b) for an Aboriginal person--includes a person who, under 13
Aboriginal tradition, is regarded as a relative of the Aboriginal 14
person; and 15
(c) for a Torres Strait Islander person--includes a person who, under 16
Island custom, is regarded as a relative of the Torres Strait 17
Islander person. 18
"resident" means a person-- 19
(a) who, in the course of a residential service, occupies 1 or more 20
rooms as the person's only or main residence; and 21
(b) who is not-- 22
(i) the service provider; or 23
(ii) a relative of the service provider; or 24
(iii) a person employed in the service by the service provider. 25
"residential service" see the Residential Services (Accreditation) Act 26
2002, section 4. 27
"residential service agreement" means an agreement under which a 28
service provider provides accommodation to a resident in the course 29
of a residential service. 30
"service provider" means-- 31
(a) for a residential service registered under the Residential Services 32
(Accreditation) Act 2002--the person registered under that Act as 33
the service provider for the service; or 34
81
Residential Services (Accommodation) Bill 2002
(b) for another residential service--the person conducting the 1
service.'. 2
Division 4--Amendments of Small Claims Tribunals Act 1973 3
163 Act amended in div 4 4
This division amends the Small Claims Tribunals Act 1973. 5
164 Amendment of s 4 (Interpretation) 6
Section 4(1), definition "tenancy application", after `the Residential 7
Tenancies Act 1994'-- 8
insert-- 9
`or the Residential Services (Accommodation) Act 2002'. 10
165 Amendment of s 20 (Orders of tribunals) 11
(1) Section 20(2)(d) and (e)-- 12
renumber as section 20(2)(e) and (f). 13
(2) Section 20(2)(c)-- 14
omit, insert-- 15
`(c) for a tenancy application under the Residential Tenancies Act 16
1994--an order a tribunal may make under that Act; 17
(d) for a tenancy application under the Residential Services 18
(Accommodation) Act 2002--an order a tribunal may make 19
under that Act;'. 20
166 Amendment of s 24 (Reference of claims to tribunal) 21
Section 24(1A)(b), after `residential premises'-- 22
insert-- 23
`or rental premises'. 24
82
Residential Services (Accommodation) Bill 2002
SCHEDULE 1
DICTIONARY 2
section 3 3
"accreditation Act" means the Residential Services (Accreditation) Act 4
2002. 5
"agent", of a service provider, means a person employed or otherwise 6
authorised by the service provider to act as the service provider's 7
agent. 8
"allowed period", for part 5, division 2, see section 44. 9
"approved form" means a form approved under section 137. 10
"authorised person" means an authorised person under the Residential 11
Tenancies Act 1994. 12
"authority" means the Residential Tenancies Authority established under 13
the Residential Tenancies Act 1994. 14
"chairperson" means the chairperson of the authority's board of directors. 15
"chief executive officer" means the authority's chief executive officer. 16
"common areas", for a resident of rental premises, means the parts of the 17
rental premises other than the resident's room that the resident may 18
use under the residential service agreement. 19
"conciliation agreement" means an agreement in force under section 105. 20
"conciliation process" see section 96. 21
"conciliator" means a conciliator under the Residential Tenancies Act 22
1994. 23
"condition report", for a room in rental premises and the facilities in the 24
room, means a report describing the physical condition of the room 25
and facilities. 26
"coresident" means 1 of 2 or more residents who occupy the same room or 27
rooms in the rental premises under the same residential service 28
agreement. 29
"dispute resolution request" see section 99. 30
83
Residential Services (Accommodation) Bill 2002
SCHEDULE (continued)
"enforcement warrant" means an enforcement warrant under the 1
Supreme Court of Queensland Act 1991. 2
"executive officer", of a corporation, means a person who is concerned 3
with, or takes part in, the corporation's management, whether or not 4
the person is a director or the person's position is given the name of 5
executive officer. 6
"facilities" includes furniture and equipment. 7
"fixed term agreement" means a residential service agreement under 8
which accommodation is provided to a resident for a fixed term. 9
"food service" means a service of regularly providing meals to a resident. 10
"guest", of a resident, means a person who enters the resident's room or 11
common areas with the resident's consent. 12
"house rules", for rental premises, means the rules in force for the 13
premises under part 6. 14
"lost property", for part 9, division 5, see section 88. 15
"maximum rental bond", for a residential service agreement, is an 16
amount equal to the rent payable under the agreement for the period of 17
4 weeks. 18
"notice" means a written notice. 19
"officer" of the authority means-- 20
(a) the chief executive officer; or 21
(b) an employee of the authority, whether or not there is a written 22
contract of employment between the authority and the employee; 23
or 24
(c) an individual who performs services for the authority-- 25
(i) under a contract, other than a contract of employment, 26
between the individual and the authority; or 27
(ii) under an arrangement between the authority and a person 28
other than the individual. 29
"periodic agreement" means a residential service agreement other than a 30
fixed term agreement. 31
84
Residential Services (Accommodation) Bill 2002
SCHEDULE (continued)
"personal care service" means a service of regularly providing a resident 1
with-- 2
(a) help in-- 3
(i) bathing, toileting or another activity related to personal 4
hygiene; or 5
(ii) dressing or undressing; or 6
(iii) consuming a meal; or 7
(iv) meeting a mobility problem of the resident; or 8
(v) taking medication; or 9
(b) help in managing the resident's financial affairs. 10
"personal document", of a person, means a document it would be 11
reasonable to expect the person would want to keep. 12
13
Examples--
14
Passport, birth certificate, marriage certificate, photograph.
"prescribed rules" see section 56. 15
"proposed commencement day", for a rule change, see section 59(1)(b). 16
"registered service" means a residential service registered under the 17
accreditation Act. 18
"relative" of a person-- 19
(a) means the person's spouse, child, grandchild, great-grandchild, 20
parent, grandparent, great-grandparent, brother, sister, uncle, 21
aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, 22
son-in-law, sister-in-law or brother-in-law; and 23
(b) for an Aboriginal person--includes a person who, under 24
Aboriginal tradition, is regarded as a relative of the Aboriginal 25
person; and 26
(c) for a Torres Strait Islander person--includes a person who, under 27
Island custom, is regarded as a relative of the Torres Strait 28
Islander person. 29
"rent" means an amount payable by a resident under a residential service 30
agreement for the provision of accommodation and any other service 31
provided under the agreement. 32
85
Residential Services (Accommodation) Bill 2002
SCHEDULE (continued)
"rental bond" see section 28. 1
"rental bond contributor" see section 29. 2
"rental bond instalments" see section 31(1). 3
"rental bond notice" means a notice about a rental bond given to the 4
authority under section 30 or 31. 5
"rental premises" means-- 6
(a) for a registered service--the premises registered as premises in 7
which the service is conducted; or 8
(b) for an unregistered service--the premises in which the service is 9
conducted. 10
"replacement coresident", for a residential service agreement for which 11
there is a rental bond, means a person who, after the rental bond notice 12
for the agreement is given to the authority, becomes a coresident in 13
place of a former coresident who was a rental bond contributor 14
(whether the person becomes a coresident directly from the former 15
coresident or indirectly through another former coresident who was, 16
or other former coresidents each of whom was, a rental bond 17
contributor). 18
"resident", in relation to a residential service, means a person-- 19
(a) who, in the course of the service, occupies 1 or more rooms as 20
the person's only or main residence; and 21
(b) who is not-- 22
(i) the service provider; or 23
(ii) a relative of the service provider; or 24
(iii) a person employed in the service by the service provider. 25
"residential service" see the accreditation Act, section 4. 26
"residential service agreement" see section 4. 27
"resident's room", for a resident of rental premises, means a room in the 28
premises that the resident occupies as his or her residence under the 29
residential service agreement. 30
"rule change", in relation to the house rules for rental premises, see 31
section 58. 32
86
Residential Services (Accommodation) Bill 2002
SCHEDULE (continued)
"service dispute" see section 95(a). 1
"service provider" means-- 2
(a) for a registered service--the person registered under the 3
accreditation Act as the service provider for the service; or 4
(b) for an unregistered service--the person conducting the service. 5
"special terms", of a residential service agreement, see section 13(1). 6
"standard terms", of a residential service agreement, see section 12(2). 7
"tribunal" means a small claims tribunal under the Small Claims 8
Tribunals Act 1973. 9
"unregistered service" means a residential service other than a registered 10
service. 11
© State of Queensland 2002
[Index] [Search] [Download] [Related Items] [Help]