RESIDENTIAL SERVICES (ACCOMMODATION) ACT 2002

Queensland Consolidated Acts

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RESIDENTIAL SERVICES (ACCOMMODATION) 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 agreement

Division 3--Application and object

5. Explanation about relationship with other Acts
6. Act binds all persons
7. Object
8. Rights and remedies of persons

Part 2--Rights and responsibilities of residents and service providers

9. Resident's responsibilities
10. Service provider's responsibilities

Part 3--Residential service agreements

11. Terms of agreement include responsibilities under Act etc.
12. Standard terms
13. Special terms
14. Contracting out prohibited
15. Inconsistency
16. Written agreement
17. Resident's copy of agreement

Part 4--Rent

Division 1--Records

18. Receipts
19. Keeping records
20. False, misleading or incomplete rent record

Division 2--Amount of rent

21. Rent increases
22. Rent decreases
23. Charge for utility service

Division 3--Other provisions about rent

24. How rent is to be paid
25. Where rent is to be paid
26. Rent in advance
27. Seizure of resident's property for rent etc.

Part 5--Rental bonds

Division 1--Payments to authority

28. Meaning of rental bond
29. Contributor for a rental bond
29A. Share of a rental bond
30. Duty to pay rental bond
31. Duty to pay rental bond instalments
32. Duty to pay rental bond if financial protection given
33. Acknowledging receipt of rental bond
34. No entitlement to interest
35. Continuance of rental bond

Division 2--Payments by authority
Subdivision 1--Preliminary

36. Purpose of div 2
37. Making payment
38. Application for payment
Subdivision 2--Payment of bond if only 1 contributor
39. Application of sdiv 2
40. Joint application by service provider and contributor
41. Application by service provider
42. Application by contributor
Subdivision 3--Payment of bond if more than 1 contributor
43. Application of sdiv 3
44. Joint application by service provider and every contributor
44A. Joint application by service provider and some contributors
44B. Application by service provider
44C. Application by every contributor
44D. Application by some contributors
Subdivision 4--Other matters about payment
44E. Payment for which notice must be given
45. Tribunal order about payment
46. Payment to rental bond supplier
47. Limitation affecting payment
48. Withdrawal of application
49. Payment under person's direction

Division 3--Enforcement provisions

50. Receipt
51. Payments above maximum amount
52. Order for payment if guilty of offence

Division 4--Miscellaneous

53. Increase in rental bond
54. Rental bond resulting from rent decrease

Part 6--House rules

Division 1--General

55. House rules
56. Prescribed rules
57. Rules made by the service provider

Division 2--Rule changes

58. Meaning of rule change
59. Notice of proposed rule change
60. Withdrawal of proposed rule change
61. Objection to proposed rule change
62. Application to tribunal about proposed rule change

Division 3--Publication of house rules

63. Proposed resident to be given a copy of house rules
64. Display of house rules

Part 7--Entry to residents' rooms

65. Unauthorised entry to resident's room
66. Entry with resident's agreement
67. Entry to carry out inspection
68. Entry after giving notice
69. Entry without notice
70. General qualifications about entry
71. Entry by service provider's agent or other person

Part 8--Condition reports

72. Application of pt 8
73. Condition report at start of residency
74. Evidentiary provision

Part 9--Ending of residential service agreements and related matters

Division 1--General

75. Ending of agreement
76. Purporting to end agreement in unauthorised way

Division 2--Action by service provider

77. Notice to remedy breach
78. Notice to leave because of failure to remedy breach
79. Notice to leave immediately because of serious breach
80. Notice to leave if premises destroyed etc.
81. Ending of agreement by service provider without ground
82. Power to remove resident

Division 3--Action by resident

83. Notice to remedy breach
84. Notice ending fixed term agreement because of failure to remedy breach
85. Notice ending agreement if premises destroyed etc.
86. Ending of agreement by resident without ground

Division 4--Continuation of fixed term agreements

87. Continuation of fixed term agreement

Division 5--Goods or money left behind in premises

88. Application of div 5
89. Unauthorised dealing with lost property
90. Personal document or money
91. Item other than personal document or money
92. Personal document given to public trustee
93. Money given to public trustee
94. Application to tribunal about lost property

Part 10--Conciliation of service disputes

Division 1--Preliminary

95. Service dispute

Division 2--Conciliation

96. Conciliation process
97. Some matters not suitable for conciliation
98. Functions of conciliator

Division 3--Starting the conciliation process

99. Making dispute resolution request
100. Action to be taken on dispute resolution request

Division 4--Conduct of conciliation process

101. Conciliation fee
102. Limited right of representation
103. Party's participation in conciliation process not compellable
104. Parties to conciliation process
105. Conciliation agreement

Division 5--Withdrawal of dispute

106. Withdrawal of dispute

Division 6--Confidentiality, privilege and immunity

107. Conciliator to maintain secrecy
108. Ordinary protection and immunity allowed
109. Admission made in conciliation process

Part 11--Applications to tribunals

Division 1--Preliminary

110. Dispute resolution request required before applying to tribunal
111. Reference to making tribunal application includes making of dispute resolution request

Division 2--General powers of tribunals

112. Application of Act to agreement
113. Application about breach of agreement
114. Orders about breach of agreement
115. Dispute about resident's notice
116. Dispute about service provider's notice
117. Dispute about entry to resident's room or removal of resident
118. Application to end fixed term agreement because of excessive hardship
119. General dispute between service provider and resident
120. Disputes between coresidents about rental bonds
121. Other powers
122. Different applications may be decided together

Part 12--Proceedings

Division 1--Evidence

123. Rental bonds
124. Accreditation Act matters
125. Other evidentiary aids
126. Indications a resident has abandoned a room

Division 2--Offence proceedings

127. Summary proceedings for offence
128. Statement of complainant's knowledge
129. False or misleading entry or document
130. Responsibility for act or omission of representative
131. Executive officers must ensure corporation complies with Act
132. False or misleading documents

Part 13--Miscellaneous

132A. Meaning of independent student accommodation service
133. Giving notice to resident with impaired capacity
134. Applications for more than prescribed amount
135. Reporting a matter relating to the accreditation Act
136. Confidentiality
137. Approved forms
138. Regulation-making power
139. Transitional—continuing agreements
140. Transitional provision for Residential Tenancies and Other Legislation Amendment Act 2003
SCHEDULE DICTIONARY
Endnotes

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