Residential Services (Accreditation) Act 2002 (Qld)

Residential Services (Accreditation) Act 2002

An Act to regulate the conduct of residential services

Part 1 Preliminary

Division 1 Introduction

1 Short title This Act may be cited as the Residential Services (Accreditation) Act 2002.

2 Commencement This Act commences on a day to be fixed by proclamation.

2A Relationship with Fair Trading Inspectors Act 2014 (1) The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading. (2) Unless this Act otherwise provides in relation to the FTI Act, the powers that an inspector has under that Act are in addition to and do not limit any powers the inspector may have under this Act. (3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act. Note— See also the modifying provisions for this Act stated in the FTI Act, section 7.

Division 2 Interpretation

3 Definitions The dictionary in schedule 2 defines particular words used in this Act.

4 Meaning of residential service (1) A service is a residential service if— (a) the main purpose of the service is to provide accommodation, in return for the payment of rent, in 1 or more rooms; and (b) the room or rooms are occupied, or available for occupation, in the course of the service by at least 4 residents; and (c) in the course of the service, each of the residents— (i) has a right to occupy 1 or more rooms; and (ii) does not have a right to occupy the whole of the premises in which the rooms are situated; and (iii) does not occupy a self-contained unit; and (iv) shares other rooms, or facilities outside of the resident's room, with 1 or more of the other residents. Example for paragraph (c)— a service conducted in a boarding house in which each of the residents occupies a room and shares a bathroom, kitchen, dining room and common room with the other residents (2) Also, a service is a residential service— (a) if— (i) subsection (1)(a) and (b) apply to the service; and (ii) in the course of the service, each of the residents— (A) has a right to occupy 1 or more rooms; and (B) does not have a right to occupy the whole of the premises in which the rooms are situated; and (C) is provided with a food service or personal care service; or Example for subparagraph (ii)— a service, providing rental accommodation to older persons, in which each of the residents occupies a self-contained unit and is provided with a food service or personal care service (b) if the service is provided under an aged rental scheme. (3) Also, a service is a residential service if— (a) subsection (1)(a) and (b) apply to the service; and (b) the service is prescribed under a regulation to be a residential service. (4) For subsection (1)(a), it is immaterial whether or not the rooms are in the same premises. (5) Despite subsections (1) to (3), the following services are not residential services— (a) an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth); (aa) the forensic disability service under the Forensic Disability Act 2011; (b) an authorised mental health service under the Mental Health Act 2016; (d) a service conducted in a private hospital under a licence in force under the Private Health Facilities Act 1999; (e) a service conducted as part of, or under an agreement with, a school or other educational institution mainly to provide accommodation to students or employees of the school or institution; (f) a service conducted with financial assistance from the education department mainly to provide accommodation to school students; (fa) a service conducted mainly to provide accommodation to persons who are enrolled in courses that, under the Social Security Act 1991 (Cwlth), section 569B, are approved courses of education or study for section 569A(b) of that Act; (g) a service conducted mainly to provide accommodation to holiday makers, tourists or travellers; Example— motel, bed and breakfast facility, backpackers' hostel (h) a service conducted in licensed premises under the Liquor Act 1992; (i) a service that— (i) is conducted with the assistance of funding given by the State; and (ii) uses the funding to provide supported accommodation to persons who are, or are at risk of becoming, homeless; (j) a service conducted under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; (k) a service conducted— (i) by the disability services department; or (ii) under funding given under the Disability Services Act 2006; (l) a service conducted by the housing department; (m) a funded service under the Housing Act 2003; (n) another service prescribed under a regulation not to be a residential service. (6) In this section— supported accommodation means temporary accommodation, provided with case management, to assist persons to transition from, or avoid, homelessness.