{"id":"sr:public-health-and-wellbeing-prescribed-accommodation-regulations-2020","name":"Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020","slug":"public-health-and-wellbeing-prescribed-accommodation-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183721,"registerId":"vic-sr:public-health-and-wellbeing-prescribed-accommodation-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020","content":"Version No. 005\n\n**Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020**\n\n**S.R. No. 132/2020**\n\nVersion incorporating amendments as at  \n1 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 1\n\nPart 2—Prescribed accommodation 5\n\nDivision 1—Scope and registration 5\n\n6 Prescribed accommodation 5\n\n7 Accommodation that is not prescribed accommodation 5\n\n8 Applications for registration 6\n\n9 Applications for renewal of registration 7\n\n10 Applications for transfer of registration 7\n\nDivision 2—Standards and requirements for prescribed accommodation 8\n\n11 Overcrowding in prescribed accommodation 8\n\n12 Cultural heritage significance exemption 9\n\n13 Maintenance of prescribed accommodation 11\n\n14 Cleanliness of prescribed accommodation 11\n\n15 Water supplied to prescribed accommodation 11\n\n16 Drinking water and prescribed accommodation 12\n\n17 Discharge of sewage and waste water in prescribed accommodation 12\n\n18 Refuse receptacles and prescribed accommodation 12\n\n19 Refuse disposal and prescribed accommodation 13\n\n20 Toilet and bathing facilities in prescribed accommodation 13\n\n21 Register of occupants of prescribed accommodation 13\n\n22 Advertising and prescribed accommodation 14\n\nDivision 3—Prescribed conditions 14\n\n23 Prescribed conditions 14\n\nPart 3—Infringements 15\n\n24 Infringements 15\n\nSchedule 1—Revocation of Regulations 16\n\n═════════════\n\nEndnotes 17\n\n1 General information 17\n\n2 Table of Amendments 19\n\n3 Explanatory details 20\n\n**Version No.** **005**\n\n**Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020**\n\n**S.R. No. 132/2020**\n\nVersion incorporating amendments as at  \n1 July 2024\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe matters required or permitted to be prescribed or necessary to be prescribed to give effect to the prescribed accommodation provisions of the **Public Health and Wellbeing Act 2008**.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 232 and 235 of the **Public Health and Wellbeing Act 2008**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 13 December 2020.\n\n\t4 Revocations\n\nThe regulations set out in Schedule 1 are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***drinking water*** has the same meaning as it has in section 3 of the **Safe Drinking Water Act 2003**;\n\n***holiday camp*** means any house, building or structure, whether temporary or permanent, which is used for the accommodation of student groups, youth groups or family groups for holiday or recreational purposes;\n\n***hostel*** means any house, building or structure, whether temporary or permanent, which is used primarily for the accommodation of travellers;\n\n***hotel*** includes a residential hotel and any residential premises in respect of which a general licence or on-premises licence is granted under the **Liquor Control Reform Act 1998**;\n\nReg. 5 def. of *labour hire accom-modation* inserted by S.R. No. 89/2022 reg. 5.\n\n***labour hire accommodation*** means any house, building, structure or site (including any shared facilities on a site), whether temporary or permanent, used to provide accommodation for a worker under, or in connection with, a labour hire arrangement with that worker—\n\n(a) whether or not that worker pays for the accommodation; and\n\n(b) in which the total number of workers who may occupy the accommodation is not less than 4; and\n\n(c) if the accommodation is not a class of accommodation prescribed to be prescribed accommodation in regulation (6)(a), (b), (c), (d), (e) or (f);\n\n**Examples**\n\nExamples of labour hire accommodation may include the following—\n\n(a) accommodation on a farm for workers provided by a labour hire provider;\n\n(b) residential housing provided for workers;\n\n(c) accommodation provided on one farm for workers who provide labour hire on another farm;\n\n(d) the same accommodation provided to workers by more than one labour hire provider;\n\n(e) on a site with caravans provided for workers, any shared facilities, such as toilets or shower blocks.\n\n***residential accommodation*** means all or part of any house, building, or other structure used as a place of abode where people can live on payment of consideration to the proprietor but does not include—\n\n(a) a hotel or motel; or\n\n(b) a hostel; or\n\n(c) a student dormitory; or\n\n(d) a holiday camp; or\n\n(e) a rooming house;\n\nReg. 5 def. of *rooming house* substituted by S.R. No. 51/2021 reg. 4.\n\n***rooming house***  has the same meaning as it has in section 3(1) of the **Residential Tenancies Act 1997**, but in respect of a building referred to in paragraph (b) of that definition, does not include a building in respect of which a declaration under section 19(2) or (3) of that Act is in force, if—\n\n(a) the building has less than 4 occupants; or\n\n(b) the building has 4 or more occupants who all reside in self-contained apartments;\n\n***student dormitory*** means any dormitory, student hostel, hall of residence or residential college for the accommodation of students which is controlled by or operated under an arrangement with or affiliated with—\n\n(a) an institution providing educational services for children of ***compulsory school age*** within the meaning of section 1.1.3(1) of the **Education and Training Reform Act 2006**; or\n\n(b) adult, community and further education services; or\n\n(c) an ***autonomous college*** within the meaning of section 1.1.3(1) of the **Education and Training Reform Act 2006**; or\n\n(d) an ***adult education institution*** within the meaning of section 1.1.3(1) of the **Education and Training Reform Act 2006**;\n\n***temporary crisis accommodation*** means temporary crisis accommodation provided on a non-profit basis by an agency which receives homelessness support funding from the State;\n\n***the Act*** means the **Public Health and Wellbeing Act 2008**.\n\nPart 2—Prescribed accommodation\n\nDivision 1—Scope and registration\n\nReg. 6 amended by S.R. No. 89/2022 reg. 6(1).\n\n\t6 Prescribed accommodation\n\nExcept as provided in regulation 7, the following classes of accommodation are prescribed accommodation for the purposes of the definition of ***prescribed accommodation*** in section 3(1) of the Act—\n\n(a) residential accommodation;\n\n(b) hotels and motels;\n\n(c) hostels;\n\n(d) student dormitories;\n\n(e) holiday camps;\n\nReg. 6(f) amended by S.R. No. 89/2022 reg. 6(2).\n\n(f) rooming houses;\n\nReg. 6(g) inserted by S.R. No. 89/2022 reg. 6(3).\n\n(g) labour hire accommodation.\n\n\t7 Accommodation that is not prescribed accommodation\n\nThe following classes of accommodation are not prescribed accommodation—\n\n(a) a house under the exclusive occupation of the occupier;\n\n(b) a self-contained apartment under the exclusive occupation of the occupier consisting of a suite of rooms that—\n\n(i) forms a portion or portions of a building; and\n\n(ii) includes kitchen, bathroom and toilet facilities; and\n\n(iii) forms a self-contained residence;\n\n(c) temporary crisis accommodation;\n\n(d) a health or residential service within the meaning of section 3(1) of the **Residential Tenancies Act 1997**;\n\n(e) a residential care service within the meaning of the Aged Care Act 1997 of the Commonwealth;\n\n(f) a retirement village within the meaning of section 3(1) of the **Retirement Villages Act 1986**;\n\n(g) a house, building or structure to which Part 4 of the **Residential Tenancies Act 1997** applies;\n\n(h) a vessel, vehicle, tent or caravan;\n\nReg. 7(i) amended by S.R. No. 89/2022 reg. 7.\n\n(i) premises in which, other than the family of the proprietor, not more than 5 people are accommodated, and which is not a rooming house or labour hire accommodation;\n\nReg. 7(j) substituted by S.R. No. 46/2024 reg. .4\n\n(j) an SDA dwelling within the meaning of section 3(1) of the **Residential Tenancies Act 1997**.\n\n\t8 Applications for registration\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application to register prescribed accommodation are—\n\n(a) a plan of the premises drawn to a scale of not less than 1:100 and showing the proposed use of each room; and\n\n(b) the date of the application for registration; and\n\n(c) the name and address of the proprietor; and\n\n(d) the address of the premises; and\n\n(e) the date of the proposed registration.\n\n\t9 Applications for renewal of registration\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application to renew the registration of prescribed accommodation are—\n\n(a) the date of the application for renewal of registration; and\n\n(b) the name and address of the proprietor; and\n\n(c) the address of the premises; and\n\n(d) the date of the proposed renewal of registration; and\n\n(e) any conditions on the registration.\n\n\t10 Applications for transfer of registration\n\nFor the purpose of section 71(c) of the Act, the prescribed particulars for an application to transfer the registration of prescribed accommodation are—\n\n(a) the date of the application for transfer of registration; and\n\n(b) the name and address of the proprietor; and\n\n(c) the address of the premises; and\n\n(d) the date of  the proposed transfer of registration; and\n\n(e) the name and address of the person to whom the registration is transferred; and\n\n(f) any conditions on the registration.\n\nDivision 2—Standards and requirements for prescribed accommodation\n\n\t11 Overcrowding in prescribed accommodation\n\n(1) A proprietor of prescribed accommodation must comply with this regulation in relation to the maximum number of people permitted to be accommodated in each bedroom in the prescribed accommodation.\n\nPenalty: 20 penalty units.\n\n(2) A proprietor of prescribed accommodation must not permit a room in the prescribed accommodation to be used as a bedroom if it has a floor area of less than 7·5 square metres.\n\nPenalty: 20 penalty units.\n\n(3) If people are accommodated in prescribed accommodation for a period of more than 31 days, the maximum number of people permitted to occupy a bedroom in respect of the period after the thirty-first day is—\n\n(a) in the case of a bedroom with a floor area of less than 12 square metres, one person; and\n\n(b) in the case of a bedroom with a floor area of 12 square metres or more, 2 people and an additional person for every 4 square metres of floor area that exceeds 12 square metres.\n\n(4) If people are accommodated in prescribed accommodation, other than a holiday camp, for a period of 31 days or less, the maximum number of people permitted to occupy a bedroom is—\n\n(a) in the case of a bedroom with a floor area of less than 10 square metres, 2 people; and\n\n(b) in the case of a bedroom with a floor area of 10 square metres or more, 3 people and an additional person for every 2 square metres of floor area that exceeds 10 square metres.\n\n(5) Subject to subregulation (2), a proprietor of a holiday camp must provide at least 2 square metres of floor area in a bedroom for each person who is accommodated for a period of 31 days or less.\n\n(6) For the purposes of this regulation—\n\n(a) one child under the age of 3 years is not counted as a person; and\n\n(b) two children under the age of 3 years are counted as one person; and\n\n(c) floor area includes the area occupied by any cupboard or other built-in furniture, fixture or fitting but does not include any area occupied by any bathroom or toilet in, or attached to, the bedroom.\n\n\t12 Cultural heritage significance exemption\n\n(1) A proprietor of prescribed accommodation that is a holiday camp is exempted from compliance with regulation 11(2) in relation to a building situated on the premises of the holiday camp if—\n\n(a) modification of the building to comply withthe minimum bedroom size in regulation 11(2) is determined by the Council to be inappropriate because the modification would compromise the building's cultural heritage significance; and\n\n(b) the maximum period for which people are accommodated in the building is 7 nights.\n\n(2) For the purposes of subregulation (1)(a), a Council may determine a building to be of cultural heritage significance if—\n\n(a) the building is subject to a heritage overlay in the planning scheme for which the Council is the responsible authority within the meaning of the **Planning and Environment Act 1987**; or\n\n(b) the building is included on the Victorian Heritage Register established under the **Heritage Act 2017**; or\n\n(c) the building is included on the Commonwealth Heritage List or the National Heritage List kept under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; or\n\n(d) the Council has had regard to a heritage study that considers the building.\n\n(3) In this regulation—\n\n***cultural heritage significance*** has the same meaning as in section 3(1) of the **Heritage Act 2017**;\n\n***heritage study*** means a study or assessment undertaken in accordance with guidelines made by—\n\n(a) the Department of Environment, Land, Water and Planning and published on its website; or\n\n(b) the Heritage Council established under the **Heritage Act 2017**.\n\n\t13 Maintenance of prescribed accommodation\n\nA proprietor of prescribed accommodation must maintain the prescribed accommodation and all bedrooms, toilets, bathrooms, laundries, kitchens, living rooms and any common areas provided with the accommodation—\n\n(a) in good working order; and\n\n(b) in a clean, sanitary and hygienic condition; and\n\n(c) in a good state of repair.\n\nPenalty: 20 penalty units.\n\n\t14 Cleanliness of prescribed accommodation\n\n(1) In addition to the requirement under regulation 13(b), a proprietor of prescribed accommodation must ensure that each bedroom and any toilet or bathroom attached to the bedroom is cleaned after the bedroom is vacated and before its re-use by another occupier.\n\nPenalty: 20 penalty units.\n\n(2) A proprietor of prescribed accommodation must ensure that all bed linen provided with the accommodation is changed with clean linen—\n\n(a) at least weekly; and\n\n(b) after the accommodation is vacated and before its re-use by another occupier.\n\nPenalty: 20 penalty units.\n\n\t15 Water supplied to prescribed accommodation\n\n(1) A proprietor of prescribed accommodation must provide a continuous and adequate supply of water to all toilet, bathing, kitchen, laundry and drinking water facilities.\n\nPenalty: 20 penalty units.\n\n(2) A proprietor of prescribed accommodation must provide a continuous and adequate supply of hot water to all bathing, laundry and kitchen facilities.\n\nPenalty: 20 penalty units.\n\n\t16 Drinking water and prescribed accommodation\n\nA proprietor of prescribed accommodation must ensure that drinking water supplied by the proprietor to another person is fit for human consumption if the drinking water was not supplied to the proprietor by a water supplier (within the meaning of section 3 of the **Safe Drinking Water Act 2003**).\n\nPenalty: 20 penalty units.\n\n\t17 Discharge of sewage and waste water in prescribed accommodation\n\nA proprietor of prescribed accommodation must ensure that all sewage and waste water is discharged—\n\n(a) to a reticulated sewerage system; or\n\nReg. 17(b) substituted by S.R. No. 89/2022 reg. 8.\n\n(b) to a wastewater treatment or management system authorised by a permission under the **Environment Protection Act 2017**.\n\nPenalty: 20 penalty units.\n\n\t18 Refuse receptacles and prescribed accommodation\n\nA proprietor of prescribed accommodation must—\n\n(a) provide sufficient vermin-proof receptacles at the prescribed accommodation for the collection and storage of all rubbish; and\n\n(b) ensure that the receptacles are regularly cleaned.\n\nPenalty: 20 penalty units.\n\n\t19 Refuse disposal and prescribed accommodation\n\nA proprietor of prescribed accommodation must ensure that all refuse at the accommodation is regularly removed by means of a refuse collection service provided by the Council or a private contractor engaged by the proprietor.\n\nPenalty: 20 penalty units.\n\n\t20 Toilet and bathing facilities in prescribed accommodation\n\nA proprietor of prescribed accommodation must provide at least one toilet, one bath or shower and one wash basin for every 10 people or fraction of that number of people occupying the accommodation.\n\nPenalty: 20 penalty units.\n\n\t21 Register of occupants of prescribed accommodation\n\n(1) A proprietor of prescribed accommodation must keep a register recording—\n\n(a) the names and addresses of people occupying the accommodation; and\n\n(b) the dates of their arrival and departure.\n\nPenalty: 20 penalty units.\n\n(2) A proprietor is exempted from compliance with subregulation (1) if the proprietor is required under any other Act or regulation to keep a similar register.\n\n(3) The proprietor must retain the register referred to in subregulation (1) or (2) for at least 12 months after the date of the last entry in the register.\n\nPenalty: 20 penalty units.\n\n\t22 Advertising and prescribed accommodation\n\nA proprietor of prescribed accommodation must not state or cause to be stated in any advertisement, notice or sign published or put up in relation to the accommodation, that the premises were registered or approved for any class of accommodation other than that set out on the certificate of registration.\n\nPenalty: 20 penalty units.\n\nDivision 3—Prescribed conditions\n\n\t23 Prescribed conditions\n\nFor the purposes of section 75(1)(c) of the Act, it is a condition on the registration of all prescribed accommodation that proprietors required to keep a register under regulation 21(1) must take all reasonable steps to protect the information in the register.\n\nPart 3—Infringements\n\n\t24 Infringements\n\n(1) For the purposes of section 209 of the Act, offences against the following provisions are prescribed offences for which an infringement notice may be served—\n\n(a) section 67 of the Act;\n\n(b) regulation 11(2);\n\n(c) regulation 15(1);\n\n(d) regulation 20;\n\n(e) regulation 22.\n\n(2) For the purposes of section 209(4) of the Act—\n\n(a) the infringement penalty prescribed in respect of the prescribed offence under subregulation (1)(a) is—\n\n(i) in the case of a natural person, 4 penalty units; and\n\n(ii) in the case of a body corporate, 10 penalty units; and\n\n(b) the infringement penalty prescribed in respect of a prescribed offence under subregulation (1)(b), (c), (d) or (e) is 4 penalty units.\n\nSchedule 1—Revocation of Regulations\n\nRegulation 4\n\n1. Public Health and Wellbeing (Prescribed Accommodation) Regulations 2009, S.R. No 178/2009.\n\n2. Public Health and Wellbeing Amendment Regulations 2011, S.R. No. 57/2011.\n\n3. Public Health and Wellbeing Further Amendment Regulations 2011, S.R. No. 72/2011.\n\n4. Public Health and Wellbeing Amendment Regulations 2013, S.R. No. 109/2013.\n\n5. Public Health and Wellbeing Amendment (Prescribed Accommodation) Regulations 2013, S.R. No. 137/2013.\n\n6. Public Health and Wellbeing Amendment (Immunisation Services) Regulations 2013, S.R. No. 143/2013.\n\n7. Public Health and Wellbeing Amendment (No Jab, No Play) Regulations 2015, S.R. No. 170/2015.\n\n8. Public Health and Wellbeing Amendment Regulations 2016, S.R. No. 3/2016.\n\n9. Public Health and Wellbeing Amendment (Registered Premises) Regulations 2016, S.R. No. 58/2016.\n\n10. Public Health and Wellbeing Amendment Regulations 2017, S.R. No. 53/2017.\n\n11. Public Health and Wellbeing Amendment Regulations 2018, S.R. No. 99/2018.\n\n12. Public Health and Wellbeing Further Amendment Regulations 2018, S.R. No. 148/2018.\n\n13. Public Health and Wellbeing Amendment Regulations 2019, S.R. No. 47/2019.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020, S.R. No. 132/2020 were made on 1 December 2020 by the Governor in Council under sections 232 and 235 of the **Public Health and Wellbeing Act 2008**, No. 46/2008 and came into operation on 13 December 2020: regulation 3.\n\nThe Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020 will sunset 10 years after the day of making on 1 December 2030 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nPublic Health and Wellbeing (Prescribed Accommodation) Amendment Regulations 2021, S.R. No. 51/2021\n\n| *Date of Making:* | 1.6.21 |\n| --- | --- |\n| *Date of Commencement:* | 12.6.21: reg. 3 |\n\n\nPublic Health and Wellbeing (Prescribed Accommodation) Amendment Regulations 2022, S.R. No. 89/2022\n\n| *Date of Making:* | 20.9.22 |\n| --- | --- |\n| *Date of Commencement:* | Reg. 8 on 1.10.22: reg. 3(1); regs 5–7 on 15.2.23: reg. 3(2) |\n\n\nPublic Health and Wellbeing (Prescribed Accommodation) Amendment Regulations 2024, S.R. No. 46/2024\n\n| *Date of Making:* | 12.6.24 |\n| --- | --- |\n| *Date of Commencement:* | 1.7.24: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n**Penalty Units**\n\nThese Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\nThe value of a penalty unit for the financial year commencing 1 July 2024 is $197.59. The amount of the calculated penalty may be rounded to the nearest dollar.\n\nThe value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Yes. Since the instrument was made, later amendments altered its coverage and exclusions: labour hire accommodation was added as a prescribed class (reg 6(g) inserted by S.R. No. 89/2022), some small proprietor exclusions were modified (reg 7(i) amended by S.R. No. 89/2022), and SDA dwellings were excluded by substitution (reg 7(j) substituted by S.R. No. 46/2024). Other targeted amendments adjusted wastewater authorisation (reg 17(b) substituted by S.R. No. 89/2022) and definitions (reg 5)."},"complexity_factors":["Multiple defined categories and exclusions that determine scope (reg 5; regs 6–7) creating boundary issues between private dwellings and regulated accommodation","Detailed numerical occupancy and room‑size rules with different rules for short and long stays (reg 11), increasing measurement and compliance burden","Cross‑references to multiple other Acts (Public Health and Wellbeing Act 2008; Safe Drinking Water Act 2003; Residential Tenancies Act 1997; Heritage Act 2017; Environment Protection Act 2017) requiring inter‑statutory interpretation","Discretions and conditional exemptions vested in Councils (cultural heritage exemption in reg 12) creating local decision variability","Record‑keeping and privacy duty for proprietors (register of occupants and protection obligation, regs 21 and 23) with retention periods","Operational standards for utilities and waste (regs 15–19) that interact with utility providers and environmental permissions (reg 17(b))","Penalties and infringement framework referencing penalty units and monetary legislation (reg 24; endnotes on penalty unit value) introducing periodic updating of monetary amounts","Layered amendments across several statutory rules (2021, 2022, 2024) that changed definitions and scope, increasing the need to track historical changes for compliance"],"plain_english_summary":"These Regulations specify which types of lodging are \"prescribed accommodation\" under the Public Health and Wellbeing Act and set the registration particulars, minimum bedroom sizes and occupancy limits, and hygiene, water, sewage, refuse, advertising and record‑keeping standards. They also prescribe penalties and infringement notices. \n\nThey affect proprietors of hotels, hostels, rooming houses, student dormitories, holiday camps, residential accommodation and (since amendment) labour‑hire accommodation; councils can grant limited heritage exemptions (reg 12). Proprietors pay compliance costs, keep registers and risk fines for breaches (regs 11, 21, 24)."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the regulations appear to remain consistent with their original purpose of setting health and safety standards for prescribed accommodation in Victoria. No amendments indicating scope expansion or contraction are identifiable from the version history provided."},"complexity_factors":["Regulations sit beneath a parent Act (Public Health and Wellbeing Act 2008), requiring cross-referencing to understand full legal obligations","Multiple categories of 'prescribed accommodation' each likely have different specific requirements","Enforcement involves multiple layers — state government, local councils, and individual operators","The document provided is only metadata/version history, not the substantive regulatory text, limiting full analysis","Consolidated versioning means readers must identify which version applies to their situation","Intersects with other regulatory regimes such as building codes, tenancy law, and occupational health and safety"],"plain_english_summary":"These regulations set minimum health, hygiene and safety standards for \"prescribed accommodation\" in Victoria — shared or temporary living places like rooming houses, caravan parks and residential camps. They require operators and owners to maintain safe, sanitary premises, give local councils inspection and enforcement roles, and protect residents (often vulnerable workers or low‑income tenants) from unsafe or unhygienic conditions. The source provided is metadata, so detailed rules aren’t included."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The original 2020 regulations consolidated earlier rules for traditional accommodation types (hotels, hostels, rooming houses). However, the 2022 amendments significantly expanded scope by adding 'labour hire accommodation' — a new category specifically designed to address exploitation of seasonal and farm workers. This was a substantial policy expansion beyond the original public health accommodation framework, targeting workforce housing arrangements that previously fell through regulatory gaps. The 2024 amendment further refined exemptions for Specialist Disability Accommodation, showing continued scope evolution."},"complexity_factors":["Multiple cross-references to other Victorian Acts (Public Health and Wellbeing Act 2008, Residential Tenancies Act 1997, Safe Drinking Water Act 2003, Heritage Act 2017, etc.)","Nested conditional logic in overcrowding calculations (different rules based on stay duration, room size, and accommodation type)","Complex definition of 'rooming house' that excludes certain buildings based on occupancy numbers and self-containment","Definition of 'labour hire accommodation' with three cumulative conditions (a), (b), and (c) plus five non-exhaustive examples","Cultural heritage exemption in regulation 12 requiring Council determination based on multiple heritage listing criteria","Amendment history embedded in text (e.g., 'Reg. 6 amended by S.R. No. 89/2022') which clutters the reading experience","Penalty unit calculations requiring reference to separate Acts (Sentencing Act 1991, Monetary Units Act 2004)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set the rules for running certain types of shared accommodation in Victoria to protect public health and safety. They cover everything from how many people can sleep in a room to how often bed sheets must be changed.\n\n**Who it affects:**\n\nThe rules apply to \"prescribed accommodation\" — basically, places where people pay to stay that aren't their own homes. This includes:\n- Hotels, motels and hostels\n- Rooming houses (boarding houses with shared facilities)\n- Student dormitories and residential colleges\n- Holiday camps\n- Residential accommodation (like rental properties used for short stays)\n- **Labour hire accommodation** — this is a newer category covering housing provided for farm workers and other labour hire workers, even if they don't pay rent directly\n\n**Who is exempt:**\n- Private homes occupied exclusively by the owner or tenant\n- Self-contained apartments with their own kitchen and bathroom\n- Crisis accommodation for homeless people\n- Aged care facilities and retirement villages\n- Caravans, tents and vehicles\n- Small premises with 5 or fewer guests (unless it's a rooming house or labour hire accommodation)\n- Specialist Disability Accommodation (SDA dwellings)\n\n**Key requirements:**\n\n**Registration:** Operators must register with the local council and provide floor plans.\n\n**Overcrowding rules:**\n- Bedrooms must be at least 7.5 square metres\n- For stays longer than 31 days: one person per room under 12m², or two people plus one extra per additional 4m² for larger rooms\n- For short stays (31 days or less): stricter limits allowing more people per room\n- Holiday camps need 2m² per person for short stays\n- Babies under 3 don't count (or two babies count as one person)\n\n**Health and safety standards:**\n- Clean and maintain the property in good repair\n- Change bed linen weekly and between guests\n- Provide continuous water supply (including hot water for bathing and laundry)\n- Ensure drinking water is safe if not from a mains supplier\n- Proper sewage disposal\n- Vermin-proof rubbish bins with regular collection\n- At least one toilet, bath/shower and basin per 10 people\n- Keep a guest register for 12 months\n\n**Advertising:** You can't claim the property is registered for a different type of accommodation than it actually is.\n\n**Penalties:**\nBreaking these rules can result in fines up to 20 penalty units (currently about $3,950) for serious offences, or infringement notices (about $790) for specific violations like overcrowding or failing to provide adequate toilets.\n\n**Why it matters:**\nThese regulations prevent slum conditions, protect vulnerable workers (particularly in the labour hire sector), ensure basic hygiene standards, and give councils the power to enforce minimum living conditions. The 2022 amendments specifically addressed exploitation of farm workers by bringing labour hire accommodation under these rules."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020","history":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020/history","analysis":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020/analysis","conflicts":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020/conflicts","importantCases":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020/important-cases","documents":"/api/acts/public-health-and-wellbeing-prescribed-accommodation-regulations-2020/documents"}}