RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002

Queensland Consolidated Acts

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RESIDENTIAL SERVICES (ACCREDITATION) ACT 2002

TABLE OF PROVISIONS

Long Title

Contents

Part 1--Preliminary

Division 1--Introduction

1. Short title
2. Commencement

Division 2--Interpretation

3. Definitions
4. Meaning of residential service
5. Meaning of resident
6. Meaning of service provider
6A. Meaning of aged rental scheme and scheme operator

Division 3--Application and object

7. Act binds all persons
8. Object

Part 2--Registration

Division 1--Requirement to be registered

9. Requirement to be registered

Division 2--Registration process

10. Application for registration
11. Due day for deciding application
12. Registration certificate
13. Registration remains in force unless cancelled
14. More than 1 service provider

Division 3--Cancellation of registration

15. Cancellation of registration by chief executive
16. Service provider must return registration certificate

Division 4--Suitability of service provider and associates
Subdivision 1--Preliminary

17. Application of div 4
18. Definitions for div 4
19. Who is an associate
Subdivision 2--Bases for deciding suitability
20. Age
21. Qualifications
22. Financial matters
23. Criminal history
Subdivision 3--Obtaining information about criminal history
24. Obtaining criminal history report
24A. Costs of criminal history report
25. Use of criminal history information
26. Person must be advised of information used
27. Destruction of written criminal history report

Division 5--Compliance with prescribed building requirements

28. Prescribed building requirements
29. Notice of compliance with prescribed building requirements
30. Appeal
31. Decision on appeal
32. Late decision

Division 6--Fire safety requirements

33. Prescribed fire safety document

Part 3--Accreditation

Division 1--Preliminary

34. Explanation

Division 2--Requirement for accreditation

35. Requirement to be accredited at level 1
36. Requirement to be accredited at level 2
37. Further application for level 2 accreditation
38. Requirement to be accredited at level 3
39. Further application for level 3 accreditation
40. Contravening a condition of accreditation

Division 3--Accreditation decisions

41. Meaning of accreditation decision
42. Level 1 accreditation criteria
43. Level 2 accreditation criteria
44. Level 3 accreditation criteria

Division 4--Accreditation process

45. Self-assessment
46. Extension of due day for applying for accreditation
47. Applying for accreditation
48. Accreditation certificate
49. Period of accreditation
50. Renewal of accreditation
51. Extension of due day for applying for renewal
52. Lapsing of application

Division 5--Dealings with accreditation

53. Amendment of accreditation on application of service provider
54. Amendment of accreditation by chief executive
55. Urgent amendment of accreditation by chief executive
56. When amendment of accreditation has effect
57. Cancellation of accreditation

Division 6--Dealing with accreditation certificate

58. Service provider must return accreditation certificate
59. Amendment of accreditation certificate to update details
60. Replacement accreditation certificate

Part 4--Changes affecting registration or accreditation

Division 1--Change of service provider

61. Becoming a service provider
62. Due day for deciding application
63. Person stops being service provider

Division 2--Change of registered premises

64. Change of registered premises
65. Due day for deciding application
66. Premises stop being registered premises

Division 3--Other changes

67. Service provider stops conducting or providing a service
68. Change of associate
69. Notice of other changes

Division 4--Death of service provider

70. Death of sole service provider
71. Dealings with registration or accreditation in first 30 days of the transitional registration period
72. Death of service provider if more than 1 service provider

Division 5--Notation of changes

73. Return of certificates for notation of change

Part 5--Other matters about conduct of residential service

Division 1--Fire safety management plan

74. Non-application to budget accommodation building
75. Requirement for plan
76. Maintenance, implementation and accessibility of plan

Division 2--Records

77. Service provider for registered service must keep records
78. Access to records about a resident
79. Confidentiality of records about a resident
80. Services that are no longer registered and persons who are no longer residents

Division 3--Other matters

81. Payment for movement of residents between premises
82. Power of attorney
83. Display of certificates

Part 6--Appointment of administrator

Division 1--Appointment

84. Appointment
85. Application to tribunal and basis for appointment
86. Suitability and eligibility of proposed appointee
87. Terms of appointment
88. Notice to service provider about appointment
89. Informing residents about appointment
90. Period of appointment

Division 2--Function and powers

91. Administrator's function
92. Administrator's powers
93. Rental payments
94. Direction by chief executive
95. Production of instrument of appointment for inspection
96. Obstruction

Division 3--Other matters

97. Remuneration
98. Service provider liable for remuneration and other costs
99. Accounts and reports
100. Compensation
101. Service provider who can not be located

Part 7--Associated accreditation officers

102. Appointment
103. Function
104. Conflict of interest

Part 8--Investigation and enforcement

Division 1--Authorised officers

105. Purpose
106. Appointment
107. Appointment conditions and limit on powers
108. When authorised officer stops holding office
109. Resignation
110. Issue of identity card
111. Return of identity card
112. Production or display of identity card

Division 2--Powers of authorised officers
Subdivision 1--Entry of places

113. Power to enter places
Subdivision 2--Procedure for entry
114. Entry with consent
115. Application for warrant
116. Issue of warrant
117. Special warrants
118. Warrants—procedure before entry
Subdivision 3--Powers after entry
119. General powers after entering a place
120. Preserving privacy after entering private residence
121. Failure to help authorised officer
Subdivision 4--Power to seize evidence
122. Definition for sdiv 4
123. Seizing evidence after entry without consent or warrant
124. Seizing evidence after entry with consent or warrant
125. Securing seized thing
126. Tampering with seized thing
127. Powers to support seizure
128. Receipts for seized things
129. Forfeiture of seized things
130. Return of seized things
131. Access to seized things
Subdivision 5--Power to obtain information
132. Power to require name and address
133. Power to require information
134. Power to require production of documents
135. Failure to produce documents

Division 3--Miscellaneous

136. Self incrimination and warning
137. Notice of damage
138. Compensation
139. Alteration of certificates
140. False or misleading statements
141. False or misleading documents
142. Obstructing an authorised officer
143. Impersonation of an authorised officer

Part 9--Compliance processes

Division 1--Injunctions

144. Grant of injunction
145. Grounds for injunction
146. Court's powers for injunctions
147. Terms of injunction
148. Undertaking as to costs

Division 2--Undertakings

149. Chief executive may seek undertaking after contravention
150. Effect of undertaking
151. Variation and withdrawal of undertaking
152. Register of undertakings

Division 3--Compliance notice

153. Compliance notice

Part 10--Reviews and appeals

Division 1--Reviewable decisions

154. Reviewable decisions
155. Chief executive must give notice after making reviewable decision

Division 2--Review of decision

156. Application for review
157. Stay of operation of original decision
158. Review decision

Division 3--Appeal against decision

159. Appeal against review decision
160. Appeal is by way of rehearing

Part 11--Proceedings

Division 1--Evidence

164. Application of div 1
165. Appointments and authority
166. Signatures
167. Other evidentiary aids

Division 2--Offence proceedings

168. Summary proceedings for offences
169. Statement of complainant's knowledge
170. False or misleading information or statements
171. Responsibility for acts or omissions of representatives
172. Executive officers must ensure corporation complies with Act

Part 12--Miscellaneous

Division 1--Reprisals

173. Reprisal and grounds for reprisals
174. Offence for taking reprisal
175. Damages entitlement for reprisal

Division 2--Reporting matters of concern to other entities

176. Reporting a matter relating to the accommodation Act
177. Matters arising under other Acts
178. Corresponding laws

Division 3--Other matters

179. Register of residential services
180. Confidentiality
181. Delegation by chief executive
182. Protection from liability
183. Approved forms
184. Regulation-making power

Part 13--Transitional provisions for Residential Services (Accreditation) Act 2002

Division 1--Preliminary

185. Definitions for pt 13

Division 2--Registration of continuing services

186. Due day for applying for registration
187. Requirement for continuing service to be registered
188. Lapsing of application
189. Compliance with building and fire safety requirements
190. Registration on conditions
191. Notice of refusal to register continuing service
192. Register

Division 3--Accreditation of continuing services

193. Application of div 3
194. Continuing service with no food service or personal care service
195. Continuing service with food service only
196. Continuing service with personal care service only
197. Continuing service with food service and personal care service
198. Compliance with building and fire safety requirements

Part 14--Transitional provisions for Gambling and Other Legislation Amendment Act 2009

Division 1--Preliminary

199. Definitions for pt 14

Division 2--Registration of part 14 continuing services

200. Due day for applying for registration
201. Application of pt 13, div 2 provisions

Division 3--Accreditation of part 14 continuing services

202. Due day for applying for accreditation
203. Compliance with building and fire safety requirements
SCHEDULE 1 REVIEWABLE DECISIONS
SCHEDULE 2 DICTIONARY
Endnotes

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