{"id":"qld:act-2002-018","name":"Residential Services (Accreditation) Act 2002","slug":"residential-services-accreditation-act-2002","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"18 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":67561,"registerId":"qld-act-2002-018-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"pt.1-div.1","sectionType":"division","heading":"Introduction","content":"## Introduction","sortOrder":1},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Residential Services (Accreditation) Act 2002 .","sortOrder":2},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Relationship with Fair Trading Inspectors Act 2014","content":"### sec.2A Relationship with Fair Trading Inspectors Act 2014\n\nThe Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\nUnless 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.\nIn this section—\ninspector means a person who holds office under the FTI Act as an inspector for this Act.\nSee also the modifying provisions for this Act stated in the FTI Act , section 7 .\ns 2A ins 2014 No. 8 s 139\n(sec.2A-ssec.1) The Fair Trading Inspectors Act 2014 (the FTI Act ) enacts common provisions for this Act and particular other Acts about fair trading.\n(sec.2A-ssec.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.\n(sec.2A-ssec.3) In this section— inspector means a person who holds office under the FTI Act as an inspector for this Act. See also the modifying provisions for this Act stated in the FTI Act , section 7 .","sortOrder":4},{"sectionNumber":"pt.1-div.2","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":5},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Meaning of residential service","content":"### sec.4 Meaning of residential service\n\nA service is a residential service if—\nthe main purpose of the service is to provide accommodation, in return for the payment of rent, in 1 or more rooms; and\nthe room or rooms are occupied, or available for occupation, in the course of the service by at least 4 residents; and\nin the course of the service, each of the residents—\nhas a right to occupy 1 or more rooms; and\ndoes not have a right to occupy the whole of the premises in which the rooms are situated; and\ndoes not occupy a self-contained unit; and\nshares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents.\na 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\nAlso, a service is a residential service —\nif—\nsubsection (1) (a) and (b) apply to the service; and\nin the course of the service, each of the residents—\nhas a right to occupy 1 or more rooms; and\ndoes not have a right to occupy the whole of the premises in which the rooms are situated; and\nis provided with a food service or personal care service; or\na 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\nif the service is provided under an aged rental scheme.\nAlso, a service is a residential service if—\nsubsection (1) (a) and (b) apply to the service; and\nthe service is prescribed under a regulation to be a residential service.\nFor subsection (1) (a) , it is immaterial whether or not the rooms are in the same premises.\nDespite subsections (1) to (3) , the following services are not residential services—\nan aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) ;\nthe forensic disability service under the Forensic Disability Act 2011 ;\nan authorised mental health service under the Mental Health Act 2016 ;\na service conducted in a private hospital under a licence in force under the Private Health Facilities Act 1999 ;\na 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;\na service conducted with financial assistance from the education department mainly to provide accommodation to school students;\na 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;\na service conducted mainly to provide accommodation to holiday makers, tourists or travellers;\nmotel, bed and breakfast facility, backpackers’ hostel\na service conducted in licensed premises under the Liquor Act 1992 ;\na service that—\nis conducted with the assistance of funding given by the State; and\nuses the funding to provide supported accommodation to persons who are, or are at risk of becoming, homeless;\na service conducted under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;\na service conducted—\nby the disability services department; or\nunder funding given under the Disability Services Act 2006 ;\na service conducted by the housing department;\na funded service under the Housing Act 2003 ;\nanother service prescribed under a regulation not to be a residential service.\nIn this section—\nsupported accommodation means temporary accommodation, provided with case management, to assist persons to transition from, or avoid, homelessness.\ns 4 amd 2003 No. 52 s 153 sch 2 ; 2004 No. 10 s 7 ; 2005 No. 14 s 2 sch ; 2005 No. 48 s 492 sch 1 ; 2006 No. 12 s 241 sch 1 ; 2008 No. 69 s 66 sch ; 2009 No. 41 s 100 ; 2011 No. 13 s 265 ; 2016 No. 5 s 923 sch 4 ; 2017 No. 42 s 60\n(sec.4-ssec.1) A service is a residential service if— the main purpose of the service is to provide accommodation, in return for the payment of rent, in 1 or more rooms; and the room or rooms are occupied, or available for occupation, in the course of the service by at least 4 residents; and in the course of the service, each of the residents— has a right to occupy 1 or more rooms; and does not have a right to occupy the whole of the premises in which the rooms are situated; and does not occupy a self-contained unit; and shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents. 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\n(sec.4-ssec.2) Also, a service is a residential service — if— subsection (1) (a) and (b) apply to the service; and in the course of the service, each of the residents— has a right to occupy 1 or more rooms; and does not have a right to occupy the whole of the premises in which the rooms are situated; and is provided with a food service or personal care service; or 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 if the service is provided under an aged rental scheme.\n(sec.4-ssec.3) Also, a service is a residential service if— subsection (1) (a) and (b) apply to the service; and the service is prescribed under a regulation to be a residential service.\n(sec.4-ssec.4) For subsection (1) (a) , it is immaterial whether or not the rooms are in the same premises.\n(sec.4-ssec.5) Despite subsections (1) to (3) , the following services are not residential services— an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) ; the forensic disability service under the Forensic Disability Act 2011 ; an authorised mental health service under the Mental Health Act 2016 ; a service conducted in a private hospital under a licence in force under the Private Health Facilities Act 1999 ; 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; a service conducted with financial assistance from the education department mainly to provide accommodation to school students; 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; a service conducted mainly to provide accommodation to holiday makers, tourists or travellers; motel, bed and breakfast facility, backpackers’ hostel a service conducted in licensed premises under the Liquor Act 1992 ; a service that— is conducted with the assistance of funding given by the State; and uses the funding to provide supported accommodation to persons who are, or are at risk of becoming, homeless; a service conducted under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; a service conducted— by the disability services department; or under funding given under the Disability Services Act 2006 ; a service conducted by the housing department; a funded service under the Housing Act 2003 ; another service prescribed under a regulation not to be a residential service.\n(sec.4-ssec.6) In this section— supported accommodation means temporary accommodation, provided with case management, to assist persons to transition from, or avoid, homelessness.\n- (a) the main purpose of the service is to provide accommodation, in return for the payment of rent, in 1 or more rooms; and\n- (b) the room or rooms are occupied, or available for occupation, in the course of the service by at least 4 residents; and\n- (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\n- (i) has a right to occupy 1 or more rooms; and\n- (ii) does not have a right to occupy the whole of the premises in which the rooms are situated; and\n- (iii) does not occupy a self-contained unit; and\n- (iv) shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents.\n- (i) has a right to occupy 1 or more rooms; and\n- (ii) does not have a right to occupy the whole of the premises in which the rooms are situated; and\n- (iii) does not occupy a self-contained unit; and\n- (iv) shares other rooms, or facilities outside of the resident’s room, with 1 or more of the other residents.\n- (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\n- (i) subsection (1) (a) and (b) apply to the service; and\n- (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\n- (A) has a right to occupy 1 or more rooms; and\n- (B) does not have a right to occupy the whole of the premises in which the rooms are situated; and\n- (C) is provided with a food service or personal care service; or\n- (b) if the service is provided under an aged rental scheme.\n- (i) subsection (1) (a) and (b) apply to the service; and\n- (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\n- (A) has a right to occupy 1 or more rooms; and\n- (B) does not have a right to occupy the whole of the premises in which the rooms are situated; and\n- (C) is provided with a food service or personal care service; or\n- (A) has a right to occupy 1 or more rooms; and\n- (B) does not have a right to occupy the whole of the premises in which the rooms are situated; and\n- (C) is provided with a food service or personal care service; or\n- (a) subsection (1) (a) and (b) apply to the service; and\n- (b) the service is prescribed under a regulation to be a residential service.\n- (a) an aged care service conducted by an approved provider under the Aged Care Act 1997 (Cwlth) ;\n- (aa) the forensic disability service under the Forensic Disability Act 2011 ;\n- (b) an authorised mental health service under the Mental Health Act 2016 ;\n- (d) a service conducted in a private hospital under a licence in force under the Private Health Facilities Act 1999 ;\n- (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;\n- (f) a service conducted with financial assistance from the education department mainly to provide accommodation to school students;\n- (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;\n- (g) a service conducted mainly to provide accommodation to holiday makers, tourists or travellers; Example— motel, bed and breakfast facility, backpackers’ hostel\n- (h) a service conducted in licensed premises under the Liquor Act 1992 ;\n- (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;\n- (i) is conducted with the assistance of funding given by the State; and\n- (ii) uses the funding to provide supported accommodation to persons who are, or are at risk of becoming, homeless;\n- (j) a service conducted under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;\n- (k) a service conducted— (i) by the disability services department; or (ii) under funding given under the Disability Services Act 2006 ;\n- (i) by the disability services department; or\n- (ii) under funding given under the Disability Services Act 2006 ;\n- (l) a service conducted by the housing department;\n- (m) a funded service under the Housing Act 2003 ;\n- (n) another service prescribed under a regulation not to be a residential service.\n- (i) is conducted with the assistance of funding given by the State; and\n- (ii) uses the funding to provide supported accommodation to persons who are, or are at risk of becoming, homeless;\n- (i) by the disability services department; or\n- (ii) under funding given under the Disability Services Act 2006 ;","sortOrder":7},{"sectionNumber":"sec.5","sectionType":"section","heading":"Meaning of resident","content":"### sec.5 Meaning of resident\n\nA resident in a service is a person—\nwho, in the course of the service, occupies 1 or more rooms as the person’s residence; and\nwho is not—\nthe service provider; or\na relative of the service provider; or\nan associate of the service provider; or\na relevant employee.\nIn this section—\nrelevant employee , in relation to a service, means a person who—\nis employed in the service by the service provider; and\nhas a principal place of residence that is not 1 or more rooms in the service.\ns 5 amd 2017 No. 42 s 61\n(sec.5-ssec.1) A resident in a service is a person— who, in the course of the service, occupies 1 or more rooms as the person’s residence; and who is not— the service provider; or a relative of the service provider; or an associate of the service provider; or a relevant employee.\n(sec.5-ssec.2) In this section— relevant employee , in relation to a service, means a person who— is employed in the service by the service provider; and has a principal place of residence that is not 1 or more rooms in the service.\n- (a) who, in the course of the service, occupies 1 or more rooms as the person’s residence; and\n- (b) who is not— (i) the service provider; or (ii) a relative of the service provider; or (iii) an associate of the service provider; or (iv) a relevant employee.\n- (i) the service provider; or\n- (ii) a relative of the service provider; or\n- (iii) an associate of the service provider; or\n- (iv) a relevant employee.\n- (i) the service provider; or\n- (ii) a relative of the service provider; or\n- (iii) an associate of the service provider; or\n- (iv) a relevant employee.\n- (a) is employed in the service by the service provider; and\n- (b) has a principal place of residence that is not 1 or more rooms in the service.","sortOrder":8},{"sectionNumber":"sec.6","sectionType":"section","heading":"Meaning of service provider","content":"### sec.6 Meaning of service provider\n\nThe service provider for a service is—\nfor a residential service registered under this Act—the person registered as the service provider for the service; or\nfor a service that is not registered under this Act—\nif the service is being conducted under an aged rental scheme—the scheme operator; or\nif the service is being conducted other than under an aged rental scheme—the person conducting the service; or\nif the service is no longer being conducted—the person who was the service provider immediately before the service stopped.\ns 6 amd 2009 No. 41 s 101\n- (a) for a residential service registered under this Act—the person registered as the service provider for the service; or\n- (b) for a service that is not registered under this Act— (i) if the service is being conducted under an aged rental scheme—the scheme operator; or (ii) if the service is being conducted other than under an aged rental scheme—the person conducting the service; or (iii) if the service is no longer being conducted—the person who was the service provider immediately before the service stopped.\n- (i) if the service is being conducted under an aged rental scheme—the scheme operator; or\n- (ii) if the service is being conducted other than under an aged rental scheme—the person conducting the service; or\n- (iii) if the service is no longer being conducted—the person who was the service provider immediately before the service stopped.\n- (i) if the service is being conducted under an aged rental scheme—the scheme operator; or\n- (ii) if the service is being conducted other than under an aged rental scheme—the person conducting the service; or\n- (iii) if the service is no longer being conducted—the person who was the service provider immediately before the service stopped.","sortOrder":9},{"sectionNumber":"sec.6A","sectionType":"section","heading":"Meaning of aged rental scheme and scheme operator","content":"### sec.6A Meaning of aged rental scheme and scheme operator\n\nAn aged rental scheme is a scheme under which—\naccommodation, in return for the payment of rent, is provided mainly to older members of the community or retired persons; and\nthe accommodation is provided to at least 4 persons who have a right to occupy 2 or more self-contained units either jointly or separately; and\na food service or personal care service is provided to the persons mentioned in paragraph (b) .\nThe person who, under the aged rental scheme, must provide both of the following is the scheme operator of the scheme—\nthe accommodation;\nthe food service or personal care service.\nFor subsection (2) , a person provides accommodation and a food service or a personal care service if—\nthe person—\nowns or leases all or any of the self-contained units used in the aged rental scheme; and\nlets those units, or arranges for those units to be let, to residents in the course of the residential service; and\nprovides, or arranges for the provision of, the food service or personal care service; or\nThe scheme operator engages another person to provide a food service or personal care service to residents who pay for the service.\nthe person (the letting agent ), on behalf of the owners or lessees of all or any of the self-contained units used in the aged rental scheme—\nlets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and\nprovides, or arranges for the provision of, the food service or personal care service.\ns 6A ins 2009 No. 41 s 102\namd 2017 No. 42 s 62\n(sec.6A-ssec.1) An aged rental scheme is a scheme under which— accommodation, in return for the payment of rent, is provided mainly to older members of the community or retired persons; and the accommodation is provided to at least 4 persons who have a right to occupy 2 or more self-contained units either jointly or separately; and a food service or personal care service is provided to the persons mentioned in paragraph (b) .\n(sec.6A-ssec.2) The person who, under the aged rental scheme, must provide both of the following is the scheme operator of the scheme— the accommodation; the food service or personal care service.\n(sec.6A-ssec.3) For subsection (2) , a person provides accommodation and a food service or a personal care service if— the person— owns or leases all or any of the self-contained units used in the aged rental scheme; and lets those units, or arranges for those units to be let, to residents in the course of the residential service; and provides, or arranges for the provision of, the food service or personal care service; or The scheme operator engages another person to provide a food service or personal care service to residents who pay for the service. the person (the letting agent ), on behalf of the owners or lessees of all or any of the self-contained units used in the aged rental scheme— lets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and provides, or arranges for the provision of, the food service or personal care service.\n- (a) accommodation, in return for the payment of rent, is provided mainly to older members of the community or retired persons; and\n- (b) the accommodation is provided to at least 4 persons who have a right to occupy 2 or more self-contained units either jointly or separately; and\n- (c) a food service or personal care service is provided to the persons mentioned in paragraph (b) .\n- (a) the accommodation;\n- (b) the food service or personal care service.\n- (a) the person— (i) owns or leases all or any of the self-contained units used in the aged rental scheme; and (ii) lets those units, or arranges for those units to be let, to residents in the course of the residential service; and (iii) provides, or arranges for the provision of, the food service or personal care service; or Example of a scheme operator arranging for the provision of a food service or personal care service— The scheme operator engages another person to provide a food service or personal care service to residents who pay for the service.\n- (i) owns or leases all or any of the self-contained units used in the aged rental scheme; and\n- (ii) lets those units, or arranges for those units to be let, to residents in the course of the residential service; and\n- (iii) provides, or arranges for the provision of, the food service or personal care service; or Example of a scheme operator arranging for the provision of a food service or personal care service— The scheme operator engages another person to provide a food service or personal care service to residents who pay for the service.\n- (b) the person (the letting agent ), on behalf of the owners or lessees of all or any of the self-contained units used in the aged rental scheme— (i) lets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and (ii) provides, or arranges for the provision of, the food service or personal care service.\n- (i) lets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and\n- (ii) provides, or arranges for the provision of, the food service or personal care service.\n- (i) owns or leases all or any of the self-contained units used in the aged rental scheme; and\n- (ii) lets those units, or arranges for those units to be let, to residents in the course of the residential service; and\n- (iii) provides, or arranges for the provision of, the food service or personal care service; or Example of a scheme operator arranging for the provision of a food service or personal care service— The scheme operator engages another person to provide a food service or personal care service to residents who pay for the service.\n- (i) lets or sublets the units to residents in the course of the residential service, regardless of whether the letting contract with the residents states the owner (or lessee) or the letting agent as a party to the letting contract; and\n- (ii) provides, or arranges for the provision of, the food service or personal care service.","sortOrder":10},{"sectionNumber":"pt.1-div.3","sectionType":"division","heading":"Application and object","content":"## Application and object","sortOrder":11},{"sectionNumber":"sec.7","sectionType":"section","heading":"Act binds all persons","content":"### sec.7 Act binds all persons\n\nThis Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\nSubsection (1) does not make the State, the Commonwealth or another State liable for an offence.\n(sec.7-ssec.1) This Act binds all persons including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.\n(sec.7-ssec.2) Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.","sortOrder":12},{"sectionNumber":"sec.8","sectionType":"section","heading":"Object","content":"### sec.8 Object\n\nThe object of this Act is to regulate the conduct of residential services to—\nprotect the health, safety and basic freedoms of residents; and\nencourage service providers to continually improve the way they conduct residential services; and\nsupport fair trading in the residential service industry.\nThe object is to be achieved mainly by—\nestablishing a registration system, under which a residential service is registered only if—\nthe service provider and associates are suitable; and\nthe premises in which the service is conducted are safe and otherwise suitable; and\nestablishing an accreditation system, under which a residential service is accredited to provide a type of service only if that service is provided in a way that meets minimum standards.\n(sec.8-ssec.1) The object of this Act is to regulate the conduct of residential services to— protect the health, safety and basic freedoms of residents; and encourage service providers to continually improve the way they conduct residential services; and support fair trading in the residential service industry.\n(sec.8-ssec.2) The object is to be achieved mainly by— establishing a registration system, under which a residential service is registered only if— the service provider and associates are suitable; and the premises in which the service is conducted are safe and otherwise suitable; and establishing an accreditation system, under which a residential service is accredited to provide a type of service only if that service is provided in a way that meets minimum standards.\n- (a) protect the health, safety and basic freedoms of residents; and\n- (b) encourage service providers to continually improve the way they conduct residential services; and\n- (c) support fair trading in the residential service industry.\n- (a) establishing a registration system, under which a residential service is registered only if— (i) the service provider and associates are suitable; and (ii) the premises in which the service is conducted are safe and otherwise suitable; and\n- (i) the service provider and associates are suitable; and\n- (ii) the premises in which the service is conducted are safe and otherwise suitable; and\n- (b) establishing an accreditation system, under which a residential service is accredited to provide a type of service only if that service is provided in a way that meets minimum standards.\n- (i) the service provider and associates are suitable; and\n- (ii) the premises in which the service is conducted are safe and otherwise suitable; and","sortOrder":13},{"sectionNumber":"pt.2","sectionType":"part","heading":"Registration","content":"# Registration","sortOrder":14},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Requirement to be registered","content":"## Requirement to be registered","sortOrder":15},{"sectionNumber":"sec.9","sectionType":"section","heading":"Requirement to be registered","content":"### sec.9 Requirement to be registered\n\nA person must not conduct a residential service in premises unless—\nthe service is registered under this part; and\nthe person is registered as the service provider for the service; and\nthe premises are the registered premises for the service.\nMaximum penalty—200 penalty units.\nAn offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (1) —5 penalty units.\n(sec.9-ssec.1) A person must not conduct a residential service in premises unless— the service is registered under this part; and the person is registered as the service provider for the service; and the premises are the registered premises for the service. Maximum penalty—200 penalty units.\n(sec.9-ssec.2) An offence against subsection (1) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (1) —5 penalty units.\n- (a) the service is registered under this part; and\n- (b) the person is registered as the service provider for the service; and\n- (c) the premises are the registered premises for the service.","sortOrder":16},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Registration process","content":"## Registration process","sortOrder":17},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application for registration","content":"### sec.10 Application for registration\n\nA person proposing to conduct a residential service in premises may apply to the chief executive for registration of the service.\nThe application must—\nbe in the approved form; and\nidentify any associates of the applicant; and\ninclude a signed consent by the applicant and by each associate to a criminal history check; and\nbe accompanied by—\na building compliance notice for the premises issued within the previous 12 months; and\nthe prescribed fire safety document for the premises; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\nThe applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.\nIf the applicant was previously a service provider whose registration was cancelled—\nhow the applicant has addressed the reasons for the cancellation of the registration (the reasons ); and\nwhy the proposed residential service should be registered despite the reasons.\nThe chief executive must decide the application by registering the service or refusing to register the service.\nThe chief executive must register the service if the application is made under this section and the chief executive is satisfied the applicant and each associate are suitable persons.\nA requirement mentioned in subsection (2) (e) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\ns 10 amd 2008 No. 69 s 67 ; 2017 No. 42 s 63\n(sec.10-ssec.1) A person proposing to conduct a residential service in premises may apply to the chief executive for registration of the service.\n(sec.10-ssec.2) The application must— be in the approved form; and identify any associates of the applicant; and include a signed consent by the applicant and by each associate to a criminal history check; and be accompanied by— a building compliance notice for the premises issued within the previous 12 months; and the prescribed fire safety document for the premises; and be accompanied by— the application fee prescribed under a regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n(sec.10-ssec.3) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. If the applicant was previously a service provider whose registration was cancelled— how the applicant has addressed the reasons for the cancellation of the registration (the reasons ); and why the proposed residential service should be registered despite the reasons.\n(sec.10-ssec.4) The chief executive must decide the application by registering the service or refusing to register the service.\n(sec.10-ssec.5) The chief executive must register the service if the application is made under this section and the chief executive is satisfied the applicant and each associate are suitable persons.\n(sec.10-ssec.6) A requirement mentioned in subsection (2) (e) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n- (a) be in the approved form; and\n- (b) identify any associates of the applicant; and\n- (c) include a signed consent by the applicant and by each associate to a criminal history check; and\n- (d) be accompanied by— (i) a building compliance notice for the premises issued within the previous 12 months; and (ii) the prescribed fire safety document for the premises; and\n- (i) a building compliance notice for the premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the premises; and\n- (e) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n- (i) a building compliance notice for the premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the premises; and\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n- (a) how the applicant has addressed the reasons for the cancellation of the registration (the reasons ); and\n- (b) why the proposed residential service should be registered despite the reasons.","sortOrder":18},{"sectionNumber":"sec.11","sectionType":"section","heading":"Due day for deciding application","content":"### sec.11 Due day for deciding application\n\nThe chief executive must decide an application made under section 10 as soon as practicable and, in any case, by the due day.\nThe due day for deciding the application is the sixtieth day after the application is received by the chief executive, not including—\na day the chief executive asks for more information under section 10 (3) ; or\nthe day the applicant complies with the request; or\nany days between the days mentioned in paragraphs (a) and (b) .\nHowever, the due day may be extended by agreement between the chief executive and the applicant.\nIf the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to register the service.\n(sec.11-ssec.1) The chief executive must decide an application made under section 10 as soon as practicable and, in any case, by the due day.\n(sec.11-ssec.2) The due day for deciding the application is the sixtieth day after the application is received by the chief executive, not including— a day the chief executive asks for more information under section 10 (3) ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) .\n(sec.11-ssec.3) However, the due day may be extended by agreement between the chief executive and the applicant.\n(sec.11-ssec.4) If the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to register the service.\n- (a) a day the chief executive asks for more information under section 10 (3) ; or\n- (b) the day the applicant complies with the request; or\n- (c) any days between the days mentioned in paragraphs (a) and (b) .","sortOrder":19},{"sectionNumber":"sec.12","sectionType":"section","heading":"Registration certificate","content":"### sec.12 Registration certificate\n\nImmediately after registering a residential service, the chief executive must give the service provider a registration certificate stating the following—\nthe service provider’s name;\nthe name of any associates of the service provider;\nthe address for the service of notices on the service provider;\nthe address of the registered premises;\nthe maximum number of residents permitted to occupy the registered premises under the prescribed building requirements;\nthe day of registration.\nIf the service provider notifies the chief executive of a change in information recorded in the registration certificate, the chief executive may amend the registration certificate to record the correct information.\ns 12 amd 2017 No. 42 s 64\n(sec.12-ssec.1) Immediately after registering a residential service, the chief executive must give the service provider a registration certificate stating the following— the service provider’s name; the name of any associates of the service provider; the address for the service of notices on the service provider; the address of the registered premises; the maximum number of residents permitted to occupy the registered premises under the prescribed building requirements; the day of registration.\n(sec.12-ssec.2) If the service provider notifies the chief executive of a change in information recorded in the registration certificate, the chief executive may amend the registration certificate to record the correct information.\n- (a) the service provider’s name;\n- (b) the name of any associates of the service provider;\n- (c) the address for the service of notices on the service provider;\n- (d) the address of the registered premises;\n- (e) the maximum number of residents permitted to occupy the registered premises under the prescribed building requirements;\n- (f) the day of registration.","sortOrder":20},{"sectionNumber":"sec.13","sectionType":"section","heading":"Registration remains in force unless cancelled","content":"### sec.13 Registration remains in force unless cancelled\n\nThe registration of a residential service remains in force unless it is cancelled under this Act.","sortOrder":21},{"sectionNumber":"sec.14","sectionType":"section","heading":"More than 1 service provider","content":"### sec.14 More than 1 service provider\n\nTwo or more persons may be registered as the service providers for a residential service.\nA reference in this Act to the service provider for a residential service is, for a residential service with 2 or more service providers, a reference to each of the service providers.\nSubsection (2) applies subject to a contrary intention in this Act.\n(sec.14-ssec.1) Two or more persons may be registered as the service providers for a residential service.\n(sec.14-ssec.2) A reference in this Act to the service provider for a residential service is, for a residential service with 2 or more service providers, a reference to each of the service providers.\n(sec.14-ssec.3) Subsection (2) applies subject to a contrary intention in this Act.","sortOrder":22},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Cancellation of registration","content":"## Cancellation of registration","sortOrder":23},{"sectionNumber":"sec.15","sectionType":"section","heading":"Cancellation of registration by chief executive","content":"### sec.15 Cancellation of registration by chief executive\n\nThe chief executive may cancel the registration of a residential service at any time if the chief executive is satisfied—\nthe registration of the residential service, or the registration under section 61 of a person as a service provider for the registered service, was obtained because of materially incorrect or misleading information; or\nthe service provider or an associate of the service provider is not a suitable person; or\nthe registered premises do not comply with the prescribed building requirements; or\nthere is no fire safety management plan for the registered premises; or\nthe service is not being conducted and has not been conducted for at least 3 months.\nBefore cancelling the registration of a residential service, the chief executive must give the service provider a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the registration; and\nthe reasons for the proposed cancellation; and\nthat the service provider may, within a stated time of at least 30 days, give the chief executive a written response stating why the service provider considers the registration should not be cancelled.\nAfter considering any response from the service provider within the time stated in the show cause notice, the chief executive may, by notice given to the service provider, cancel the registration.\nThe cancellation takes effect on the day stated in the notice given under subsection (3) , at least 14 days after that notice is given.\nIf the chief executive decides not to cancel the registration, the chief executive must give the service provider notice of the decision.\nAlso, the chief executive may cancel the registration of a residential service if the service provider gives the chief executive a notice asking for the cancellation, agreeing to the cancellation or surrendering the registration.\nSubsections (1) to (5) do not apply to cancellation under subsection (6) .\ns 15 amd 2008 No. 69 s 68\n(sec.15-ssec.1) The chief executive may cancel the registration of a residential service at any time if the chief executive is satisfied— the registration of the residential service, or the registration under section 61 of a person as a service provider for the registered service, was obtained because of materially incorrect or misleading information; or the service provider or an associate of the service provider is not a suitable person; or the registered premises do not comply with the prescribed building requirements; or there is no fire safety management plan for the registered premises; or the service is not being conducted and has not been conducted for at least 3 months.\n(sec.15-ssec.2) Before cancelling the registration of a residential service, the chief executive must give the service provider a notice (a show cause notice ) stating— that the chief executive proposes to cancel the registration; and the reasons for the proposed cancellation; and that the service provider may, within a stated time of at least 30 days, give the chief executive a written response stating why the service provider considers the registration should not be cancelled.\n(sec.15-ssec.3) After considering any response from the service provider within the time stated in the show cause notice, the chief executive may, by notice given to the service provider, cancel the registration.\n(sec.15-ssec.4) The cancellation takes effect on the day stated in the notice given under subsection (3) , at least 14 days after that notice is given.\n(sec.15-ssec.5) If the chief executive decides not to cancel the registration, the chief executive must give the service provider notice of the decision.\n(sec.15-ssec.6) Also, the chief executive may cancel the registration of a residential service if the service provider gives the chief executive a notice asking for the cancellation, agreeing to the cancellation or surrendering the registration.\n(sec.15-ssec.7) Subsections (1) to (5) do not apply to cancellation under subsection (6) .\n- (aa) the registration of the residential service, or the registration under section 61 of a person as a service provider for the registered service, was obtained because of materially incorrect or misleading information; or\n- (a) the service provider or an associate of the service provider is not a suitable person; or\n- (b) the registered premises do not comply with the prescribed building requirements; or\n- (c) there is no fire safety management plan for the registered premises; or\n- (d) the service is not being conducted and has not been conducted for at least 3 months.\n- (a) that the chief executive proposes to cancel the registration; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the service provider may, within a stated time of at least 30 days, give the chief executive a written response stating why the service provider considers the registration should not be cancelled.","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Service provider must return registration certificate","content":"### sec.16 Service provider must return registration certificate\n\nWithin 14 days after the registration of a residential service is cancelled, the service provider must return the registration certificate to the chief executive.\nMaximum penalty—50 penalty units.","sortOrder":25},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Suitability of service provider and associates","content":"## Suitability of service provider and associates","sortOrder":26},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application of div 4","content":"### sec.17 Application of div 4\n\nThis division applies to the chief executive in deciding if the service provider for a residential service, or an associate of the service provider, is a suitable person.","sortOrder":27},{"sectionNumber":"sec.18","sectionType":"section","heading":"Definitions for div 4","content":"### sec.18 Definitions for div 4\n\nIn this division—\napplicant means—\nan applicant for registration of a residential service; and\nan applicant to become the service provider for a residential service that is already registered.\nservice provider includes an applicant.\n- (a) an applicant for registration of a residential service; and\n- (b) an applicant to become the service provider for a residential service that is already registered.","sortOrder":28},{"sectionNumber":"sec.19","sectionType":"section","heading":"Who is an associate","content":"### sec.19 Who is an associate\n\nA person is an associate of a service provider for a residential service if the person makes decisions, in the course of the service, that influence—\nthe operation of the service; or\nthe health, safety or other interests of residents in the service.\na person employed by the service provider to—\nnegotiate and enter into agreements with residents on the service provider’s behalf; or\nmake house rules for a registered premises; or\nmanage a personal care service provided to residents in the service; or\nmanage the medication of residents in the service; or\nmanage the finances, or financial transactions, of residents in the service\nfor a service provider that is a corporation, an executive officer of the corporation who takes part in the management of the service\nA person is not an associate of a service provider merely because the person does either or both of the following—\ncollects rent from residents in the service;\ncleans or maintains the registered premises or facilities in the registered premises.\nA person is an associate of a service provider who is an applicant if the person proposes, on the granting of the relevant application, to make decisions mentioned in subsection (1) .\ns 19 sub 2017 No. 42 s 65\n(sec.19-ssec.1) A person is an associate of a service provider for a residential service if the person makes decisions, in the course of the service, that influence— the operation of the service; or the health, safety or other interests of residents in the service. a person employed by the service provider to— negotiate and enter into agreements with residents on the service provider’s behalf; or make house rules for a registered premises; or manage a personal care service provided to residents in the service; or manage the medication of residents in the service; or manage the finances, or financial transactions, of residents in the service for a service provider that is a corporation, an executive officer of the corporation who takes part in the management of the service\n(sec.19-ssec.2) A person is not an associate of a service provider merely because the person does either or both of the following— collects rent from residents in the service; cleans or maintains the registered premises or facilities in the registered premises.\n(sec.19-ssec.3) A person is an associate of a service provider who is an applicant if the person proposes, on the granting of the relevant application, to make decisions mentioned in subsection (1) .\n- (a) the operation of the service; or\n- (b) the health, safety or other interests of residents in the service.\n- 1 a person employed by the service provider to— (a) negotiate and enter into agreements with residents on the service provider’s behalf; or (b) make house rules for a registered premises; or (c) manage a personal care service provided to residents in the service; or (d) manage the medication of residents in the service; or (e) manage the finances, or financial transactions, of residents in the service\n- (a) negotiate and enter into agreements with residents on the service provider’s behalf; or\n- (b) make house rules for a registered premises; or\n- (c) manage a personal care service provided to residents in the service; or\n- (d) manage the medication of residents in the service; or\n- (e) manage the finances, or financial transactions, of residents in the service\n- 2 for a service provider that is a corporation, an executive officer of the corporation who takes part in the management of the service\n- (a) negotiate and enter into agreements with residents on the service provider’s behalf; or\n- (b) make house rules for a registered premises; or\n- (c) manage a personal care service provided to residents in the service; or\n- (d) manage the medication of residents in the service; or\n- (e) manage the finances, or financial transactions, of residents in the service\n- (a) collects rent from residents in the service;\n- (b) cleans or maintains the registered premises or facilities in the registered premises.","sortOrder":29},{"sectionNumber":"sec.20","sectionType":"section","heading":"Age","content":"### sec.20 Age\n\nA child is not a suitable person.","sortOrder":30},{"sectionNumber":"sec.21","sectionType":"section","heading":"Qualifications","content":"### sec.21 Qualifications\n\nAn individual is not a suitable person if the individual does not have the qualifications prescribed under a regulation.\nIn this section—\nqualifications includes knowledge, skills and experience.\n(sec.21-ssec.1) An individual is not a suitable person if the individual does not have the qualifications prescribed under a regulation.\n(sec.21-ssec.2) In this section— qualifications includes knowledge, skills and experience.","sortOrder":31},{"sectionNumber":"sec.22","sectionType":"section","heading":"Financial matters","content":"### sec.22 Financial matters\n\nAn individual is not a suitable person if the individual is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors.\nA corporation is not a suitable person if the corporation—\nhas executed a deed of company arrangement under the Corporations Act that has not yet terminated; or\nis the subject of a winding up (whether voluntarily or under a court order) under that Act; or\nis the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n(sec.22-ssec.1) An individual is not a suitable person if the individual is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors.\n(sec.22-ssec.2) A corporation is not a suitable person if the corporation— has executed a deed of company arrangement under the Corporations Act that has not yet terminated; or is the subject of a winding up (whether voluntarily or under a court order) under that Act; or is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.\n- (a) has executed a deed of company arrangement under the Corporations Act that has not yet terminated; or\n- (b) is the subject of a winding up (whether voluntarily or under a court order) under that Act; or\n- (c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.","sortOrder":32},{"sectionNumber":"sec.23","sectionType":"section","heading":"Criminal history","content":"### sec.23 Criminal history\n\nIn deciding if a person is a suitable person, the chief executive may have regard to the person’s criminal history including, in particular, any convictions of the person for an offence against a residential services Act or a similar law of another jurisdiction.\nIf an individual has been convicted within the previous 5 years of a disqualifying offence, the chief executive must decide the individual is not a suitable person unless the chief executive is satisfied it would be reasonable to decide otherwise because of the exceptional circumstances of the case.\nIf an individual refuses a request by the chief executive for a signed consent to a criminal history check of the individual, the chief executive must decide the individual is not a suitable person.\n(sec.23-ssec.1) In deciding if a person is a suitable person, the chief executive may have regard to the person’s criminal history including, in particular, any convictions of the person for an offence against a residential services Act or a similar law of another jurisdiction.\n(sec.23-ssec.2) If an individual has been convicted within the previous 5 years of a disqualifying offence, the chief executive must decide the individual is not a suitable person unless the chief executive is satisfied it would be reasonable to decide otherwise because of the exceptional circumstances of the case.\n(sec.23-ssec.3) If an individual refuses a request by the chief executive for a signed consent to a criminal history check of the individual, the chief executive must decide the individual is not a suitable person.","sortOrder":33},{"sectionNumber":"sec.24","sectionType":"section","heading":"Obtaining criminal history report","content":"### sec.24 Obtaining criminal history report\n\nThis section applies to a person only if—\nthe person is registered as the service provider for a residential service; or\nthe person is an applicant; or\nthe chief executive reasonably considers the person is an associate of a service provider and the person has given the chief executive a signed consent to a criminal history check.\nOn receiving a written request from the chief executive, the commissioner of the police service must give the chief executive a report about the criminal history of the person.\nThe report must be prepared from information in the commissioner’s possession or to which the commissioner has access.\nIf the criminal history of the person includes a conviction recorded against the person, the report must be written.\ns 24 amd 2008 No. 69 s 69\n(sec.24-ssec.1) This section applies to a person only if— the person is registered as the service provider for a residential service; or the person is an applicant; or the chief executive reasonably considers the person is an associate of a service provider and the person has given the chief executive a signed consent to a criminal history check.\n(sec.24-ssec.2) On receiving a written request from the chief executive, the commissioner of the police service must give the chief executive a report about the criminal history of the person.\n(sec.24-ssec.3) The report must be prepared from information in the commissioner’s possession or to which the commissioner has access.\n(sec.24-ssec.4) If the criminal history of the person includes a conviction recorded against the person, the report must be written.\n- (a) the person is registered as the service provider for a residential service; or\n- (b) the person is an applicant; or\n- (c) the chief executive reasonably considers the person is an associate of a service provider and the person has given the chief executive a signed consent to a criminal history check.","sortOrder":34},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Costs of criminal history report","content":"### sec.24A Costs of criminal history report\n\nThe chief executive may require a service provider or an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 24 about—\nthe service provider or the applicant; or\na person the chief executive reasonably considers is an associate of the service provider or the applicant.\nThe chief executive must refund to an applicant an amount paid under the requirement if—\nthe chief executive refuses the application without asking for the report; or\nthe applicant withdraws the application before the chief executive asks for the report.\nIn this section—\napplicant includes proposed applicant.\ns 24A ins 2008 No. 69 s 70\n(sec.24A-ssec.1) The chief executive may require a service provider or an applicant to pay the reasonable, but no more than actual, costs of obtaining a report under section 24 about— the service provider or the applicant; or a person the chief executive reasonably considers is an associate of the service provider or the applicant.\n(sec.24A-ssec.2) The chief executive must refund to an applicant an amount paid under the requirement if— the chief executive refuses the application without asking for the report; or the applicant withdraws the application before the chief executive asks for the report.\n(sec.24A-ssec.3) In this section— applicant includes proposed applicant.\n- (a) the service provider or the applicant; or\n- (b) a person the chief executive reasonably considers is an associate of the service provider or the applicant.\n- (a) the chief executive refuses the application without asking for the report; or\n- (b) the applicant withdraws the application before the chief executive asks for the report.","sortOrder":35},{"sectionNumber":"sec.25","sectionType":"section","heading":"Use of criminal history information","content":"### sec.25 Use of criminal history information\n\nThis section applies to the chief executive in considering information in a criminal history report about a person obtained under section 24 or given to the chief executive by a service provider.\nThe information must not be used for any purpose other than deciding whether the person is a suitable person for this Act.\nWhen making the decision, the chief executive must have regard to the following matters about a conviction of a person for an offence—\nwhen the offence was committed;\nthe nature of the offence and its relevance to the decision;\nwhether the person is a service provider or an associate.\n(sec.25-ssec.1) This section applies to the chief executive in considering information in a criminal history report about a person obtained under section 24 or given to the chief executive by a service provider.\n(sec.25-ssec.2) The information must not be used for any purpose other than deciding whether the person is a suitable person for this Act.\n(sec.25-ssec.3) When making the decision, the chief executive must have regard to the following matters about a conviction of a person for an offence— when the offence was committed; the nature of the offence and its relevance to the decision; whether the person is a service provider or an associate.\n- (a) when the offence was committed;\n- (b) the nature of the offence and its relevance to the decision;\n- (c) whether the person is a service provider or an associate.","sortOrder":36},{"sectionNumber":"sec.26","sectionType":"section","heading":"Person must be advised of information used","content":"### sec.26 Person must be advised of information used\n\nThis section applies to a criminal history report about a person obtained under section 24 .\nBefore using information in the report to decide whether the person is a suitable person, the chief executive must—\ndisclose the information to the person; and\nallow the person a reasonable opportunity to make representations to the chief executive about the information.\n(sec.26-ssec.1) This section applies to a criminal history report about a person obtained under section 24 .\n(sec.26-ssec.2) Before using information in the report to decide whether the person is a suitable person, the chief executive must— disclose the information to the person; and allow the person a reasonable opportunity to make representations to the chief executive about the information.\n- (a) disclose the information to the person; and\n- (b) allow the person a reasonable opportunity to make representations to the chief executive about the information.","sortOrder":37},{"sectionNumber":"sec.27","sectionType":"section","heading":"Destruction of written criminal history report","content":"### sec.27 Destruction of written criminal history report\n\nThis section applies if the chief executive has obtained a written criminal history report about a person under section 24 and the decision has been made about whether the person is a suitable person for this Act.\nThe chief executive must destroy the report as soon as practicable after the later of the following—\nfor a conviction mentioned in the report—\nthe end of the period to appeal against the conviction; or\nthe deciding or the ending of any appeal against the conviction and any appeal from that appeal;\nthe end of the period under this Act for appealing against the decision, about the residential service, to which the decision about the person’s suitability relates;\nthe deciding, or other ending, of an appeal mentioned in paragraph (b) and any appeal from that appeal.\ns 27 amd 2008 No. 69 s 71\n(sec.27-ssec.1) This section applies if the chief executive has obtained a written criminal history report about a person under section 24 and the decision has been made about whether the person is a suitable person for this Act.\n(sec.27-ssec.2) The chief executive must destroy the report as soon as practicable after the later of the following— for a conviction mentioned in the report— the end of the period to appeal against the conviction; or the deciding or the ending of any appeal against the conviction and any appeal from that appeal; the end of the period under this Act for appealing against the decision, about the residential service, to which the decision about the person’s suitability relates; the deciding, or other ending, of an appeal mentioned in paragraph (b) and any appeal from that appeal.\n- (a) for a conviction mentioned in the report— (i) the end of the period to appeal against the conviction; or (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal;\n- (i) the end of the period to appeal against the conviction; or\n- (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal;\n- (b) the end of the period under this Act for appealing against the decision, about the residential service, to which the decision about the person’s suitability relates;\n- (c) the deciding, or other ending, of an appeal mentioned in paragraph (b) and any appeal from that appeal.\n- (i) the end of the period to appeal against the conviction; or\n- (ii) the deciding or the ending of any appeal against the conviction and any appeal from that appeal;","sortOrder":38},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Compliance with prescribed building requirements","content":"## Compliance with prescribed building requirements","sortOrder":39},{"sectionNumber":"sec.28","sectionType":"section","heading":"Prescribed building requirements","content":"### sec.28 Prescribed building requirements\n\nA regulation may provide for requirements (the prescribed building requirements ), for premises in which a residential service is being, or is proposed to be, conducted, for ensuring the premises are safe and suitable for use in providing accommodation in the course of the residential service.","sortOrder":40},{"sectionNumber":"sec.29","sectionType":"section","heading":"Notice of compliance with prescribed building requirements","content":"### sec.29 Notice of compliance with prescribed building requirements\n\nA person conducting, or who proposes to conduct, a residential service in premises may make written application to the local government for the local government area in which the premises are situated for a notice stating whether the premises comply with the prescribed building requirements.\nThe application must be—\nin the form approved by the local government; and\naccompanied by any fee fixed under subsection (5) .\nWithin 20 business days after receiving the application, the local government must—\ndecide if the premises comply with the prescribed building requirements; and\ngive the person notice of the decision.\nIf the local government decides the premises do not comply with the prescribed building requirements, the notice must state—\nthe reasons for the decision; and\nthat the decision may be appealed to a development tribunal under the Planning Act ; and\nthat, if an appeal is made, the appeal must be made within 20 business days after the person receives the notice; and\nwhat must be done by the person to make the premises comply with the prescribed building requirements.\nA local government may, by local law or resolution, fix a reasonable fee for an application under this section.\ns 29 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 435\n(sec.29-ssec.1) A person conducting, or who proposes to conduct, a residential service in premises may make written application to the local government for the local government area in which the premises are situated for a notice stating whether the premises comply with the prescribed building requirements.\n(sec.29-ssec.2) The application must be— in the form approved by the local government; and accompanied by any fee fixed under subsection (5) .\n(sec.29-ssec.3) Within 20 business days after receiving the application, the local government must— decide if the premises comply with the prescribed building requirements; and give the person notice of the decision.\n(sec.29-ssec.4) If the local government decides the premises do not comply with the prescribed building requirements, the notice must state— the reasons for the decision; and that the decision may be appealed to a development tribunal under the Planning Act ; and that, if an appeal is made, the appeal must be made within 20 business days after the person receives the notice; and what must be done by the person to make the premises comply with the prescribed building requirements.\n(sec.29-ssec.5) A local government may, by local law or resolution, fix a reasonable fee for an application under this section.\n- (a) in the form approved by the local government; and\n- (b) accompanied by any fee fixed under subsection (5) .\n- (a) decide if the premises comply with the prescribed building requirements; and\n- (b) give the person notice of the decision.\n- (a) the reasons for the decision; and\n- (b) that the decision may be appealed to a development tribunal under the Planning Act ; and\n- (c) that, if an appeal is made, the appeal must be made within 20 business days after the person receives the notice; and\n- (d) what must be done by the person to make the premises comply with the prescribed building requirements.","sortOrder":41},{"sectionNumber":"sec.30","sectionType":"section","heading":"Appeal","content":"### sec.30 Appeal\n\nThis section applies to an application under section 29 if—\nthe local government decides the premises do not comply with the prescribed building requirements; or\nthe local government does not decide the application within 20 business days after receiving it (the decision period ).\nThe applicant may appeal to a development tribunal under the Planning Act .\nThe appeal must be started within 20 business days after—\nnotice of the decision is given to the person; or\nif the application is not decided, the last day of the decision period.\ns 30 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 436\n(sec.30-ssec.1) This section applies to an application under section 29 if— the local government decides the premises do not comply with the prescribed building requirements; or the local government does not decide the application within 20 business days after receiving it (the decision period ).\n(sec.30-ssec.2) The applicant may appeal to a development tribunal under the Planning Act .\n(sec.30-ssec.3) The appeal must be started within 20 business days after— notice of the decision is given to the person; or if the application is not decided, the last day of the decision period.\n- (a) the local government decides the premises do not comply with the prescribed building requirements; or\n- (b) the local government does not decide the application within 20 business days after receiving it (the decision period ).\n- (a) notice of the decision is given to the person; or\n- (b) if the application is not decided, the last day of the decision period.","sortOrder":42},{"sectionNumber":"sec.31","sectionType":"section","heading":"Decision on appeal","content":"### sec.31 Decision on appeal\n\nThis section applies if a development tribunal under the Planning Act decides an appeal by—\nchanging the decision appealed against; or\nsetting aside the decision appealed against and making a decision replacing the decision set aside; or\nif section 30 (1) (b) applies, deciding the application.\nThe tribunal’s decision is taken, for this Act other than this division, to be the local government’s decision.\ns 31 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 437\n(sec.31-ssec.1) This section applies if a development tribunal under the Planning Act decides an appeal by— changing the decision appealed against; or setting aside the decision appealed against and making a decision replacing the decision set aside; or if section 30 (1) (b) applies, deciding the application.\n(sec.31-ssec.2) The tribunal’s decision is taken, for this Act other than this division, to be the local government’s decision.\n- (a) changing the decision appealed against; or\n- (b) setting aside the decision appealed against and making a decision replacing the decision set aside; or\n- (c) if section 30 (1) (b) applies, deciding the application.","sortOrder":43},{"sectionNumber":"sec.32","sectionType":"section","heading":"Late decision","content":"### sec.32 Late decision\n\nA decision on an application under section 29 is not invalid merely because it is made, or notice of it is given, more than 20 business days after the local government receives the application.","sortOrder":44},{"sectionNumber":"pt.2-div.6","sectionType":"division","heading":"Fire safety requirements","content":"## Fire safety requirements","sortOrder":45},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prescribed fire safety document","content":"### sec.33 Prescribed fire safety document\n\nThis section states the prescribed fire safety document required for any of the following applications relating to a residential service conducted, or proposed to be conducted, in premises—\nregistration of the service;\nrenewal of level 1 accreditation of the service;\namendment of the registration of the service to show new premises as the registered premises for the service.\nIf—\nthe premises are a budget accommodation building; and\neither of the following applications has been made—\na development application for a development approval for the building;\na change application to change a development approval for the building; and\na fire safety management plan was a mandatory requirement for the application; and\na development approval for the application (whether or not subject to conditions) was issued within the previous 12 months;\nthe prescribed fire safety document for the premises is a copy of the development approval.\nIf subsection (2) does not apply to the premises, the prescribed fire safety document for the premises is a fire safety management plan.\nIn this section—\nchange application means a change application under the Planning Act .\ndevelopment application means a development application under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 .\ndevelopment approval means a development approval under the Planning Act .\ns 33 amd 2009 No. 36 s 872 sch 2 ; 2016 No. 27 s 438\n(sec.33-ssec.1) This section states the prescribed fire safety document required for any of the following applications relating to a residential service conducted, or proposed to be conducted, in premises— registration of the service; renewal of level 1 accreditation of the service; amendment of the registration of the service to show new premises as the registered premises for the service.\n(sec.33-ssec.2) If— the premises are a budget accommodation building; and either of the following applications has been made— a development application for a development approval for the building; a change application to change a development approval for the building; and a fire safety management plan was a mandatory requirement for the application; and a development approval for the application (whether or not subject to conditions) was issued within the previous 12 months; the prescribed fire safety document for the premises is a copy of the development approval.\n(sec.33-ssec.3) If subsection (2) does not apply to the premises, the prescribed fire safety document for the premises is a fire safety management plan.\n(sec.33-ssec.4) In this section— change application means a change application under the Planning Act . development application means a development application under the Planning Act , the repealed Sustainable Planning Act 2009 or the repealed Integrated Planning Act 1997 . development approval means a development approval under the Planning Act .\n- (a) registration of the service;\n- (b) renewal of level 1 accreditation of the service;\n- (c) amendment of the registration of the service to show new premises as the registered premises for the service.\n- (a) the premises are a budget accommodation building; and\n- (b) either of the following applications has been made— (i) a development application for a development approval for the building; (ii) a change application to change a development approval for the building; and\n- (i) a development application for a development approval for the building;\n- (ii) a change application to change a development approval for the building; and\n- (c) a fire safety management plan was a mandatory requirement for the application; and\n- (d) a development approval for the application (whether or not subject to conditions) was issued within the previous 12 months;\n- (i) a development application for a development approval for the building;\n- (ii) a change application to change a development approval for the building; and","sortOrder":46},{"sectionNumber":"pt.3","sectionType":"part","heading":"Accreditation","content":"# Accreditation","sortOrder":47},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":48},{"sectionNumber":"sec.34","sectionType":"section","heading":"Explanation","content":"### sec.34 Explanation\n\nThis part provides for the accreditation of residential services.\nThere are 3 levels of accreditation.\nA residential service may be accredited at more than 1 level.\nThe level or levels of accreditation required depend on the services provided in the course of the residential service.\nUnder this part—\nall residential services are required to be accredited at level 1; and\na residential service is also required to be accredited at level 2 if it includes the provision of a food service; and\na residential service is also required to be accredited at level 3 if it includes the provision of a personal care service.\n(sec.34-ssec.1) This part provides for the accreditation of residential services.\n(sec.34-ssec.2) There are 3 levels of accreditation.\n(sec.34-ssec.3) A residential service may be accredited at more than 1 level.\n(sec.34-ssec.4) The level or levels of accreditation required depend on the services provided in the course of the residential service.\n(sec.34-ssec.5) Under this part— all residential services are required to be accredited at level 1; and a residential service is also required to be accredited at level 2 if it includes the provision of a food service; and a residential service is also required to be accredited at level 3 if it includes the provision of a personal care service.\n- (a) all residential services are required to be accredited at level 1; and\n- (b) a residential service is also required to be accredited at level 2 if it includes the provision of a food service; and\n- (c) a residential service is also required to be accredited at level 3 if it includes the provision of a personal care service.","sortOrder":49},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Requirement for accreditation","content":"## Requirement for accreditation","sortOrder":50},{"sectionNumber":"sec.35","sectionType":"section","heading":"Requirement to be accredited at level 1","content":"### sec.35 Requirement to be accredited at level 1\n\nThe due day for applying for the level 1 accreditation of a residential service (the due day ) is—\nthe day that is 3 months after the service is registered; or\nif an extension is granted under section 46 , the due day stated in the notice given under that section.\nThe registration of a residential service is automatically cancelled on the day following the due day unless, on the due day—\nthe service is accredited at level 1; or\nthere is a current application for the level 1 accreditation of the service.\nAfter the due day, the registration of a residential service is automatically cancelled if—\nthe level 1 accreditation of the service ends; or\nan application for level 1 accreditation is withdrawn or lapses.\nIf the registration of a residential service is cancelled under subsection (2) or (3) , the chief executive must give notice of the cancellation to the service provider.\nIf, after the due day, an application for the level 1 accreditation of a residential service is refused, the registration of the service is cancelled on the day stated in the notice given under section 47 (6) .\ns 35 amd 2017 No. 42 s 66\n(sec.35-ssec.1) The due day for applying for the level 1 accreditation of a residential service (the due day ) is— the day that is 3 months after the service is registered; or if an extension is granted under section 46 , the due day stated in the notice given under that section.\n(sec.35-ssec.2) The registration of a residential service is automatically cancelled on the day following the due day unless, on the due day— the service is accredited at level 1; or there is a current application for the level 1 accreditation of the service.\n(sec.35-ssec.3) After the due day, the registration of a residential service is automatically cancelled if— the level 1 accreditation of the service ends; or an application for level 1 accreditation is withdrawn or lapses.\n(sec.35-ssec.4) If the registration of a residential service is cancelled under subsection (2) or (3) , the chief executive must give notice of the cancellation to the service provider.\n(sec.35-ssec.5) If, after the due day, an application for the level 1 accreditation of a residential service is refused, the registration of the service is cancelled on the day stated in the notice given under section 47 (6) .\n- (a) the day that is 3 months after the service is registered; or\n- (b) if an extension is granted under section 46 , the due day stated in the notice given under that section.\n- (a) the service is accredited at level 1; or\n- (b) there is a current application for the level 1 accreditation of the service.\n- (a) the level 1 accreditation of the service ends; or\n- (b) an application for level 1 accreditation is withdrawn or lapses.","sortOrder":51},{"sectionNumber":"sec.36","sectionType":"section","heading":"Requirement to be accredited at level 2","content":"### sec.36 Requirement to be accredited at level 2\n\nThe due day for applying for the level 2 accreditation of a residential service (the due day ) is—\nthe day that is 3 months after the service provider starts providing a food service in the course of the residential service; or\nif an extension is granted under section 46 , the due day stated in the notice given under that section.\nFor subsection (1) (a) , a food service is taken to continue during any break in the service of less than 30 days.\nA service provider starts providing a food service on 1 January, stops providing the food service on 15 January and resumes providing the food service on 1 February. The food service is taken to have continued since 1 January, so the due day is 1 July.\nAfter the due day, a service provider must not provide a food service in the course of conducting a residential service unless the residential service is accredited at level 2.\nMaximum penalty—200 penalty units.\nHowever, if an application for the level 2 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until—\nif the application is withdrawn or lapses—the day of the withdrawal or lapse; or\nif the chief executive decides the application by accrediting the service—the day the service is accredited; or\nif the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\ns 36 amd 2017 No. 42 s 67\n(sec.36-ssec.1) The due day for applying for the level 2 accreditation of a residential service (the due day ) is— the day that is 3 months after the service provider starts providing a food service in the course of the residential service; or if an extension is granted under section 46 , the due day stated in the notice given under that section.\n(sec.36-ssec.2) For subsection (1) (a) , a food service is taken to continue during any break in the service of less than 30 days. A service provider starts providing a food service on 1 January, stops providing the food service on 15 January and resumes providing the food service on 1 February. The food service is taken to have continued since 1 January, so the due day is 1 July.\n(sec.36-ssec.3) After the due day, a service provider must not provide a food service in the course of conducting a residential service unless the residential service is accredited at level 2. Maximum penalty—200 penalty units.\n(sec.36-ssec.4) However, if an application for the level 2 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until— if the application is withdrawn or lapses—the day of the withdrawal or lapse; or if the chief executive decides the application by accrediting the service—the day the service is accredited; or if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .\n(sec.36-ssec.5) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n- (a) the day that is 3 months after the service provider starts providing a food service in the course of the residential service; or\n- (b) if an extension is granted under section 46 , the due day stated in the notice given under that section.\n- (a) if the application is withdrawn or lapses—the day of the withdrawal or lapse; or\n- (b) if the chief executive decides the application by accrediting the service—the day the service is accredited; or\n- (c) if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .","sortOrder":52},{"sectionNumber":"sec.37","sectionType":"section","heading":"Further application for level 2 accreditation","content":"### sec.37 Further application for level 2 accreditation\n\nThis section applies if—\na service provider starts providing a food service in the course of conducting a residential service; and\nthe service provider applies for the level 2 accreditation of the residential service; and\nthe application—\nis refused; or\nis withdrawn or lapses after the due day under section 36 ; and\nthe service provider stops providing the food service.\nThe service provider may start again providing a food service, in the course of conducting the residential service, for the purpose of a further application for the level 2 accreditation of the residential service.\nHowever, the service provider must not start again providing a food service in the course of conducting the residential service until at least 6 months after the day the service provider stopped providing the food service mentioned in subsection (1) .\nMaximum penalty—200 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n(sec.37-ssec.1) This section applies if— a service provider starts providing a food service in the course of conducting a residential service; and the service provider applies for the level 2 accreditation of the residential service; and the application— is refused; or is withdrawn or lapses after the due day under section 36 ; and the service provider stops providing the food service.\n(sec.37-ssec.2) The service provider may start again providing a food service, in the course of conducting the residential service, for the purpose of a further application for the level 2 accreditation of the residential service.\n(sec.37-ssec.3) However, the service provider must not start again providing a food service in the course of conducting the residential service until at least 6 months after the day the service provider stopped providing the food service mentioned in subsection (1) . Maximum penalty—200 penalty units.\n(sec.37-ssec.4) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n- (a) a service provider starts providing a food service in the course of conducting a residential service; and\n- (b) the service provider applies for the level 2 accreditation of the residential service; and\n- (c) the application— (i) is refused; or (ii) is withdrawn or lapses after the due day under section 36 ; and\n- (i) is refused; or\n- (ii) is withdrawn or lapses after the due day under section 36 ; and\n- (d) the service provider stops providing the food service.\n- (i) is refused; or\n- (ii) is withdrawn or lapses after the due day under section 36 ; and","sortOrder":53},{"sectionNumber":"sec.38","sectionType":"section","heading":"Requirement to be accredited at level 3","content":"### sec.38 Requirement to be accredited at level 3\n\nThe due day for applying for the level 3 accreditation of a residential service (the due day ) is—\nthe day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or\nif an extension is granted under section 46 , the due day stated in the notice given under that section.\nFor subsection (1) (a) , a personal care service is taken to continue during any break in the service of less than 30 days.\nA service provider starts providing a personal care service on 1 January, stops providing the personal care service on 15 January and resumes providing the personal care service on 1 February. The personal care service is taken to have continued since 1 January, so the due day is 1 July.\nAfter the due day, a service provider must not provide a personal care service in the course of conducting a residential service unless the residential service is accredited at level 3.\nMaximum penalty—200 penalty units.\nHowever, if an application for the level 3 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until—\nif the application is withdrawn or lapses—the day of the withdrawal or lapse; or\nif the chief executive decides the application by accrediting the service—the day the service is accredited; or\nif the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\ns 38 amd 2017 No. 42 s 68\n(sec.38-ssec.1) The due day for applying for the level 3 accreditation of a residential service (the due day ) is— the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or if an extension is granted under section 46 , the due day stated in the notice given under that section.\n(sec.38-ssec.2) For subsection (1) (a) , a personal care service is taken to continue during any break in the service of less than 30 days. A service provider starts providing a personal care service on 1 January, stops providing the personal care service on 15 January and resumes providing the personal care service on 1 February. The personal care service is taken to have continued since 1 January, so the due day is 1 July.\n(sec.38-ssec.3) After the due day, a service provider must not provide a personal care service in the course of conducting a residential service unless the residential service is accredited at level 3. Maximum penalty—200 penalty units.\n(sec.38-ssec.4) However, if an application for the level 3 accreditation of a residential service is current on the due day, subsection (3) does not apply to the service until— if the application is withdrawn or lapses—the day of the withdrawal or lapse; or if the chief executive decides the application by accrediting the service—the day the service is accredited; or if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .\n(sec.38-ssec.5) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n- (a) the day that is 3 months after the service provider starts providing a personal care service in the course of the residential service; or\n- (b) if an extension is granted under section 46 , the due day stated in the notice given under that section.\n- (a) if the application is withdrawn or lapses—the day of the withdrawal or lapse; or\n- (b) if the chief executive decides the application by accrediting the service—the day the service is accredited; or\n- (c) if the chief executive decides the application by refusing to accredit the service—the day stated in the notice given under section 47 (6) .","sortOrder":54},{"sectionNumber":"sec.39","sectionType":"section","heading":"Further application for level 3 accreditation","content":"### sec.39 Further application for level 3 accreditation\n\nThis section applies if—\na service provider starts providing a personal care service in the course of conducting a residential service; and\nthe service provider applies for the level 3 accreditation of the residential service; and\nthe application—\nis refused; or\nis withdrawn or lapses after the due day under section 38 ; and\nthe service provider stops providing the personal care service.\nThe service provider may start again providing a personal care service, in the course of conducting the residential service, for the purpose of a further application for the level 3 accreditation of the residential service.\nHowever, the service provider must not start again providing a personal care service in the course of conducting the residential service until at least 6 months after the day the service provider stopped providing the personal care service mentioned in subsection (1) .\nMaximum penalty—200 penalty units.\nAn offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues.\nMaximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n(sec.39-ssec.1) This section applies if— a service provider starts providing a personal care service in the course of conducting a residential service; and the service provider applies for the level 3 accreditation of the residential service; and the application— is refused; or is withdrawn or lapses after the due day under section 38 ; and the service provider stops providing the personal care service.\n(sec.39-ssec.2) The service provider may start again providing a personal care service, in the course of conducting the residential service, for the purpose of a further application for the level 3 accreditation of the residential service.\n(sec.39-ssec.3) However, the service provider must not start again providing a personal care service in the course of conducting the residential service until at least 6 months after the day the service provider stopped providing the personal care service mentioned in subsection (1) . Maximum penalty—200 penalty units.\n(sec.39-ssec.4) An offence against subsection (3) is a continuing offence and may be charged in 1 or more complaints for periods the offence continues. Maximum penalty for each day the offence continues after a conviction against subsection (3) —5 penalty units.\n- (a) a service provider starts providing a personal care service in the course of conducting a residential service; and\n- (b) the service provider applies for the level 3 accreditation of the residential service; and\n- (c) the application— (i) is refused; or (ii) is withdrawn or lapses after the due day under section 38 ; and\n- (i) is refused; or\n- (ii) is withdrawn or lapses after the due day under section 38 ; and\n- (d) the service provider stops providing the personal care service.\n- (i) is refused; or\n- (ii) is withdrawn or lapses after the due day under section 38 ; and","sortOrder":55},{"sectionNumber":"sec.40","sectionType":"section","heading":"Contravening a condition of accreditation","content":"### sec.40 Contravening a condition of accreditation\n\nThe service provider for an accredited service must not contravene a condition of the accreditation.\nMaximum penalty—100 penalty units.","sortOrder":56},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Accreditation decisions","content":"## Accreditation decisions","sortOrder":57},{"sectionNumber":"sec.41","sectionType":"section","heading":"Meaning of accreditation decision","content":"### sec.41 Meaning of accreditation decision\n\nThe chief executive is making an accreditation decision , at a stated level, about a residential service if the chief executive is deciding—\nwhether to accredit the service at that level and, if so, for what period; or\nthe conditions that are to apply to the accreditation, or renewal of accreditation, of the service at that level; or\nwhether to renew, cancel or amend the accreditation of the service at that level.\ns 41 amd 2017 No. 42 s 69\n- (a) whether to accredit the service at that level and, if so, for what period; or\n- (b) the conditions that are to apply to the accreditation, or renewal of accreditation, of the service at that level; or\n- (c) whether to renew, cancel or amend the accreditation of the service at that level.","sortOrder":58},{"sectionNumber":"sec.42","sectionType":"section","heading":"Level 1 accreditation criteria","content":"### sec.42 Level 1 accreditation criteria\n\nWhen making a level 1 accreditation decision for a residential service, the chief executive must have regard to the following matters—\nthe extent to which the service provider recognises and observes the rights of each resident;\nthe standard of the registered premises and facilities in the registered premises;\nthe way the service is managed and otherwise conducted by staff of the service;\na matter, relevant to a consideration of a matter mentioned in paragraphs (a) to (c) , provided for under a regulation.\n- (a) the extent to which the service provider recognises and observes the rights of each resident;\n- (b) the standard of the registered premises and facilities in the registered premises;\n- (c) the way the service is managed and otherwise conducted by staff of the service;\n- (d) a matter, relevant to a consideration of a matter mentioned in paragraphs (a) to (c) , provided for under a regulation.","sortOrder":59},{"sectionNumber":"sec.43","sectionType":"section","heading":"Level 2 accreditation criteria","content":"### sec.43 Level 2 accreditation criteria\n\nWhen making a level 2 accreditation decision for a residential service, the chief executive must have regard to the following matters concerning the food service provided in the course of the residential service—\nthe quantity, quality, variety and nutritional value of the food provided;\nthe preparation, delivery, service and storage of the food;\na matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b) , provided for under a regulation.\n- (a) the quantity, quality, variety and nutritional value of the food provided;\n- (b) the preparation, delivery, service and storage of the food;\n- (c) a matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b) , provided for under a regulation.","sortOrder":60},{"sectionNumber":"sec.44","sectionType":"section","heading":"Level 3 accreditation criteria","content":"### sec.44 Level 3 accreditation criteria\n\nWhen making a level 3 accreditation decision for a residential service, the chief executive must have regard to the following matters concerning the personal care service provided in the course of the residential service—\nthe extent to which the service provider provides the personal care service in a way that meets the individual needs of the residents to whom the service is provided, protects their interests and maintains and enhances their quality of life generally;\nthe suitability of the staff members providing the personal care service;\na matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b) , provided for under a regulation.\n- (a) the extent to which the service provider provides the personal care service in a way that meets the individual needs of the residents to whom the service is provided, protects their interests and maintains and enhances their quality of life generally;\n- (b) the suitability of the staff members providing the personal care service;\n- (c) a matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b) , provided for under a regulation.","sortOrder":61},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Accreditation process","content":"## Accreditation process","sortOrder":62},{"sectionNumber":"sec.45","sectionType":"section","heading":"Self-assessment","content":"### sec.45 Self-assessment\n\nBefore applying for accreditation of a residential service at a particular level, the service provider must—\nobtain, from the chief executive, the self-assessment material relevant to accreditation at that level; and\nstart providing the accommodation, food service or personal care service to which the accreditation relates (the accreditation service ); and\nUnder this part, the service provider may provide the accreditation service, without having applied for accreditation, until the due day for making the application.\nusing the self-assessment material, assess the way the accreditation service is being provided against the accreditation criteria for that level.\n- (a) obtain, from the chief executive, the self-assessment material relevant to accreditation at that level; and\n- (b) start providing the accommodation, food service or personal care service to which the accreditation relates (the accreditation service ); and Note— Under this part, the service provider may provide the accreditation service, without having applied for accreditation, until the due day for making the application.\n- (c) using the self-assessment material, assess the way the accreditation service is being provided against the accreditation criteria for that level.","sortOrder":63},{"sectionNumber":"sec.46","sectionType":"section","heading":"Extension of due day for applying for accreditation","content":"### sec.46 Extension of due day for applying for accreditation\n\nDivision 2 states the due day for an application for accreditation according to the level of accreditation sought.\nAt a service provider’s request made before the due day, the chief executive may give the service provider a notice extending, or further extending, the due day.\nIn deciding whether to extend the due day for an application for accreditation, the chief executive must have regard to—\nthe extent of the service provider’s preparations for making the application; and\nthe extent to which the service provider has improved the service to which the accreditation relates; and\nany other relevant matter.\n(sec.46-ssec.1) Division 2 states the due day for an application for accreditation according to the level of accreditation sought.\n(sec.46-ssec.2) At a service provider’s request made before the due day, the chief executive may give the service provider a notice extending, or further extending, the due day.\n(sec.46-ssec.3) In deciding whether to extend the due day for an application for accreditation, the chief executive must have regard to— the extent of the service provider’s preparations for making the application; and the extent to which the service provider has improved the service to which the accreditation relates; and any other relevant matter.\n- (a) the extent of the service provider’s preparations for making the application; and\n- (b) the extent to which the service provider has improved the service to which the accreditation relates; and\n- (c) any other relevant matter.","sortOrder":64},{"sectionNumber":"sec.47","sectionType":"section","heading":"Applying for accreditation","content":"### sec.47 Applying for accreditation\n\nAfter complying with section 45 , a service provider may apply to the chief executive for accreditation of the residential service.\nThe application must—\nbe in the approved form; and\nstate the level or levels at which accreditation is sought; and\nbe signed by the service provider; and\nbe accompanied by the fee prescribed under a regulation.\nThe service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\nThe chief executive must decide the application, in relation to each level at which accreditation is sought, by accrediting the service at that level for a stated period or refusing to accredit the service at that level.\nThe chief executive may grant accreditation on conditions the chief executive considers appropriate, including, for example, a condition requiring—\nthat the service provider prepare, and give to the chief executive within a stated time of not less than 30 days, a quality improvement plan dealing with stated aspects of the residential service; or\nthat the service provider complete a stated training program within a stated time; or\nthat the service provider ensure that a stated associate of the service provider completes a stated training program within a stated time; or\nthat the service provider take, or refrain from taking, stated actions in the provision of the services to which the accreditation relates; or\nthat the service provider ensure that a stated associate of the service provider takes, or refrains from taking, stated actions in the provision of the services to which the accreditation relates.\nIf the chief executive decides the application by refusing to accredit the residential service, the chief executive must give the service provider a notice of the decision stating the day, not earlier than 7 days after the notice is given, by which the service provider must—\nfor an application for accreditation at level 1—stop conducting the residential service; or\nfor an application for accreditation at level 2—stop providing the food service; or\nfor an application for accreditation at level 3—stop providing the personal care service.\nIn this section—\nquality improvement plan , for a residential service, means a plan, containing steps to be taken over the period for which the service is currently accredited, for improving particular aspects of the service.\n(sec.47-ssec.1) After complying with section 45 , a service provider may apply to the chief executive for accreditation of the residential service.\n(sec.47-ssec.2) The application must— be in the approved form; and state the level or levels at which accreditation is sought; and be signed by the service provider; and be accompanied by the fee prescribed under a regulation.\n(sec.47-ssec.3) The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\n(sec.47-ssec.4) The chief executive must decide the application, in relation to each level at which accreditation is sought, by accrediting the service at that level for a stated period or refusing to accredit the service at that level.\n(sec.47-ssec.5) The chief executive may grant accreditation on conditions the chief executive considers appropriate, including, for example, a condition requiring— that the service provider prepare, and give to the chief executive within a stated time of not less than 30 days, a quality improvement plan dealing with stated aspects of the residential service; or that the service provider complete a stated training program within a stated time; or that the service provider ensure that a stated associate of the service provider completes a stated training program within a stated time; or that the service provider take, or refrain from taking, stated actions in the provision of the services to which the accreditation relates; or that the service provider ensure that a stated associate of the service provider takes, or refrains from taking, stated actions in the provision of the services to which the accreditation relates.\n(sec.47-ssec.6) If the chief executive decides the application by refusing to accredit the residential service, the chief executive must give the service provider a notice of the decision stating the day, not earlier than 7 days after the notice is given, by which the service provider must— for an application for accreditation at level 1—stop conducting the residential service; or for an application for accreditation at level 2—stop providing the food service; or for an application for accreditation at level 3—stop providing the personal care service.\n(sec.47-ssec.7) In this section— quality improvement plan , for a residential service, means a plan, containing steps to be taken over the period for which the service is currently accredited, for improving particular aspects of the service.\n- (a) be in the approved form; and\n- (b) state the level or levels at which accreditation is sought; and\n- (c) be signed by the service provider; and\n- (d) be accompanied by the fee prescribed under a regulation.\n- (a) that the service provider prepare, and give to the chief executive within a stated time of not less than 30 days, a quality improvement plan dealing with stated aspects of the residential service; or\n- (b) that the service provider complete a stated training program within a stated time; or\n- (c) that the service provider ensure that a stated associate of the service provider completes a stated training program within a stated time; or\n- (d) that the service provider take, or refrain from taking, stated actions in the provision of the services to which the accreditation relates; or\n- (e) that the service provider ensure that a stated associate of the service provider takes, or refrains from taking, stated actions in the provision of the services to which the accreditation relates.\n- (a) for an application for accreditation at level 1—stop conducting the residential service; or\n- (b) for an application for accreditation at level 2—stop providing the food service; or\n- (c) for an application for accreditation at level 3—stop providing the personal care service.","sortOrder":65},{"sectionNumber":"sec.48","sectionType":"section","heading":"Accreditation certificate","content":"### sec.48 Accreditation certificate\n\nIf the chief executive accredits a residential service at level 1, the chief executive must give the service provider an accreditation certificate stating the following—\nthe service provider’s name;\nthe address of the registered premises;\nthat the service is accredited at level 1 and, if the service is also accredited at level 2 or 3, that the service is accredited at that level;\nfor each level at which the service is accredited—\nany conditions on which the accreditation is given; and\nthe day of accreditation; and\nthe day on which the accreditation is due to expire.\nIf, after a residential service is accredited at level 1, the chief executive accredits the service at level 2 or 3, the chief executive must amend the accreditation certificate so that it states the matters mentioned in subsection (1) (c) and (d) for the new level of accreditation.\nIf the level 2 or 3 accreditation of a residential service is cancelled, the chief executive must amend the accreditation certificate so that it no longer states that the service is accredited at that level.\nThe chief executive may replace an accreditation certificate rather than amending it under subsection (2) or (3) .\n(sec.48-ssec.1) If the chief executive accredits a residential service at level 1, the chief executive must give the service provider an accreditation certificate stating the following— the service provider’s name; the address of the registered premises; that the service is accredited at level 1 and, if the service is also accredited at level 2 or 3, that the service is accredited at that level; for each level at which the service is accredited— any conditions on which the accreditation is given; and the day of accreditation; and the day on which the accreditation is due to expire.\n(sec.48-ssec.2) If, after a residential service is accredited at level 1, the chief executive accredits the service at level 2 or 3, the chief executive must amend the accreditation certificate so that it states the matters mentioned in subsection (1) (c) and (d) for the new level of accreditation.\n(sec.48-ssec.3) If the level 2 or 3 accreditation of a residential service is cancelled, the chief executive must amend the accreditation certificate so that it no longer states that the service is accredited at that level.\n(sec.48-ssec.4) The chief executive may replace an accreditation certificate rather than amending it under subsection (2) or (3) .\n- (a) the service provider’s name;\n- (b) the address of the registered premises;\n- (c) that the service is accredited at level 1 and, if the service is also accredited at level 2 or 3, that the service is accredited at that level;\n- (d) for each level at which the service is accredited— (i) any conditions on which the accreditation is given; and (ii) the day of accreditation; and (iii) the day on which the accreditation is due to expire.\n- (i) any conditions on which the accreditation is given; and\n- (ii) the day of accreditation; and\n- (iii) the day on which the accreditation is due to expire.\n- (i) any conditions on which the accreditation is given; and\n- (ii) the day of accreditation; and\n- (iii) the day on which the accreditation is due to expire.","sortOrder":66},{"sectionNumber":"sec.49","sectionType":"section","heading":"Period of accreditation","content":"### sec.49 Period of accreditation\n\nThe accreditation of a residential service has effect for the period, not longer than 3 years, stated in the accreditation certificate.\nWhen deciding the period for which to accredit a residential service at level 2 or 3, the chief executive may have regard to the due day for expiry of another level at which the service is accredited.\nA residential service is accredited at level 1. If the chief executive subsequently accredits the service at level 2, the chief executive may consider it most appropriate that the level 2 accreditation be given for a period ending on the same day as the level 1 accreditation is due to expire.\nSubsection (2) does not limit division 3 .\n(sec.49-ssec.1) The accreditation of a residential service has effect for the period, not longer than 3 years, stated in the accreditation certificate.\n(sec.49-ssec.2) When deciding the period for which to accredit a residential service at level 2 or 3, the chief executive may have regard to the due day for expiry of another level at which the service is accredited. A residential service is accredited at level 1. If the chief executive subsequently accredits the service at level 2, the chief executive may consider it most appropriate that the level 2 accreditation be given for a period ending on the same day as the level 1 accreditation is due to expire.\n(sec.49-ssec.3) Subsection (2) does not limit division 3 .","sortOrder":67},{"sectionNumber":"sec.50","sectionType":"section","heading":"Renewal of accreditation","content":"### sec.50 Renewal of accreditation\n\nThe service provider for an accredited service may apply to the chief executive for renewal of the accreditation.\nThe application must be made before the day the accreditation is due to expire (the expiry day ) but may not be made more than 3 months before the expiry day.\nThe application must be—\nin the approved form; and\nsigned by the service provider; and\nfor an application for renewal of level 1 accreditation, accompanied by—\na building compliance notice for the registered premises issued within the previous 12 months; and\nthe prescribed fire safety document for the registered premises; and\naccompanied by the fee prescribed under a regulation.\nThe service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\nThe chief executive must decide the application by renewing the accreditation or refusing to renew the accreditation.\nThe chief executive may renew the accreditation on conditions the chief executive considers appropriate.\nThe accreditation may be renewed for a period ending not later than 3 years after the expiry day.\nIf the application is still current on the expiry day, the accreditation does not end before the application is decided, or is withdrawn or lapses.\nIf the chief executive decides the application by refusing to renew the accreditation—\nthe chief executive must give the service provider a notice of the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the accreditation ends; and\nthe accreditation continues in force until the stated day.\ns 50 amd 2017 No. 42 s 70\n(sec.50-ssec.1) The service provider for an accredited service may apply to the chief executive for renewal of the accreditation.\n(sec.50-ssec.2) The application must be made before the day the accreditation is due to expire (the expiry day ) but may not be made more than 3 months before the expiry day.\n(sec.50-ssec.3) The application must be— in the approved form; and signed by the service provider; and for an application for renewal of level 1 accreditation, accompanied by— a building compliance notice for the registered premises issued within the previous 12 months; and the prescribed fire safety document for the registered premises; and accompanied by the fee prescribed under a regulation.\n(sec.50-ssec.4) The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\n(sec.50-ssec.5) The chief executive must decide the application by renewing the accreditation or refusing to renew the accreditation.\n(sec.50-ssec.6) The chief executive may renew the accreditation on conditions the chief executive considers appropriate.\n(sec.50-ssec.7) The accreditation may be renewed for a period ending not later than 3 years after the expiry day.\n(sec.50-ssec.8) If the application is still current on the expiry day, the accreditation does not end before the application is decided, or is withdrawn or lapses.\n(sec.50-ssec.9) If the chief executive decides the application by refusing to renew the accreditation— the chief executive must give the service provider a notice of the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the accreditation ends; and the accreditation continues in force until the stated day.\n- (a) in the approved form; and\n- (b) signed by the service provider; and\n- (c) for an application for renewal of level 1 accreditation, accompanied by— (i) a building compliance notice for the registered premises issued within the previous 12 months; and (ii) the prescribed fire safety document for the registered premises; and\n- (i) a building compliance notice for the registered premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the registered premises; and\n- (d) accompanied by the fee prescribed under a regulation.\n- (i) a building compliance notice for the registered premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the registered premises; and\n- (a) the chief executive must give the service provider a notice of the decision stating the day, not before the expiry day and not earlier than 7 days after the notice is given, on which the accreditation ends; and\n- (b) the accreditation continues in force until the stated day.","sortOrder":68},{"sectionNumber":"sec.51","sectionType":"section","heading":"Extension of due day for applying for renewal","content":"### sec.51 Extension of due day for applying for renewal\n\nThe service provider for an accredited service may ask the chief executive to extend the period of accreditation to enable the service provider to apply under section 50 for renewal of the accreditation.\nThe request may be made, and the chief executive may grant the extension, only on or before the day the accreditation is due to expire.\nThe chief executive may give the service provider a notice extending, or further extending, the period of accreditation if the chief executive considers it would be reasonable in all the circumstances.\nThe service provider for an accredited service has prepared the material for an application for renewal of the accreditation, other than a building compliance notice. The service provider has applied for a notice under section 29 but the local government has decided the registered premises do not comply with the prescribed building requirements. The chief executive may extend the period of accreditation for the period necessary for an appeal under section 30 to be made and decided.\nThe accreditation of a residential service continues to have effect during the period of any extension granted under this section.\n(sec.51-ssec.1) The service provider for an accredited service may ask the chief executive to extend the period of accreditation to enable the service provider to apply under section 50 for renewal of the accreditation.\n(sec.51-ssec.2) The request may be made, and the chief executive may grant the extension, only on or before the day the accreditation is due to expire.\n(sec.51-ssec.3) The chief executive may give the service provider a notice extending, or further extending, the period of accreditation if the chief executive considers it would be reasonable in all the circumstances. The service provider for an accredited service has prepared the material for an application for renewal of the accreditation, other than a building compliance notice. The service provider has applied for a notice under section 29 but the local government has decided the registered premises do not comply with the prescribed building requirements. The chief executive may extend the period of accreditation for the period necessary for an appeal under section 30 to be made and decided.\n(sec.51-ssec.4) The accreditation of a residential service continues to have effect during the period of any extension granted under this section.","sortOrder":69},{"sectionNumber":"sec.52","sectionType":"section","heading":"Lapsing of application","content":"### sec.52 Lapsing of application\n\nThis section applies if an application for accreditation, or renewal of accreditation, is made under this part.\nThe chief executive may make a requirement under section 47 (3) or 50 (4) , for information to decide the application, by giving the service provider a notice stating—\nthe required information; and\nthe time by which the information must be given to the chief executive; and\nthat, if the information is not given to the chief executive by the stated time, the application will lapse.\nThe time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\nThe chief executive may give the service provider a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\nIf the service provider does not comply with the requirement within the stated time, or any extension, the application lapses.\n(sec.52-ssec.1) This section applies if an application for accreditation, or renewal of accreditation, is made under this part.\n(sec.52-ssec.2) The chief executive may make a requirement under section 47 (3) or 50 (4) , for information to decide the application, by giving the service provider a notice stating— the required information; and the time by which the information must be given to the chief executive; and that, if the information is not given to the chief executive by the stated time, the application will lapse.\n(sec.52-ssec.3) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\n(sec.52-ssec.4) The chief executive may give the service provider a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.52-ssec.5) If the service provider does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the chief executive; and\n- (c) that, if the information is not given to the chief executive by the stated time, the application will lapse.","sortOrder":70},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Dealings with accreditation","content":"## Dealings with accreditation","sortOrder":71},{"sectionNumber":"sec.53","sectionType":"section","heading":"Amendment of accreditation on application of service provider","content":"### sec.53 Amendment of accreditation on application of service provider\n\nThe service provider for a residential service that is accredited at a particular level may apply to the chief executive for an amendment of the accreditation at that level.\nThe application must be in the approved form and accompanied by any fee prescribed under a regulation.\nThe chief executive must decide the application by—\namending the accreditation in the way applied for; or\nwith the applicant’s written agreement, amending the accreditation in another way; or\nrefusing to amend the accreditation.\n(sec.53-ssec.1) The service provider for a residential service that is accredited at a particular level may apply to the chief executive for an amendment of the accreditation at that level.\n(sec.53-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation.\n(sec.53-ssec.3) The chief executive must decide the application by— amending the accreditation in the way applied for; or with the applicant’s written agreement, amending the accreditation in another way; or refusing to amend the accreditation.\n- (a) amending the accreditation in the way applied for; or\n- (b) with the applicant’s written agreement, amending the accreditation in another way; or\n- (c) refusing to amend the accreditation.","sortOrder":72},{"sectionNumber":"sec.54","sectionType":"section","heading":"Amendment of accreditation by chief executive","content":"### sec.54 Amendment of accreditation by chief executive\n\nThe chief executive may amend the accreditation of a residential service at any time, without receiving an application from the service provider for the amendment, if the chief executive is satisfied—\nthe accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or\nthe service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or\nthe amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or\nfor another reason, having regard to the accreditation criteria, the accreditation should be amended.\nThe chief executive must first give the service provider a notice ( show cause notice ) stating—\nthat the chief executive proposes to amend the accreditation; and\nthe proposed amendment; and\nthe reasons for the proposed amendment; and\nthat the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.\nAfter considering any response from the service provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.\nIf the chief executive decides not to amend the accreditation, the chief executive must give the service provider a notice of the decision.\nAt the service provider’s written request, or with the service provider’s written agreement, the chief executive may—\namend an accreditation without giving a show cause notice; or\namend an accreditation in a way that has not been stated in a show cause notice; or\namend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.\n(sec.54-ssec.1) The chief executive may amend the accreditation of a residential service at any time, without receiving an application from the service provider for the amendment, if the chief executive is satisfied— the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or the amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or for another reason, having regard to the accreditation criteria, the accreditation should be amended.\n(sec.54-ssec.2) The chief executive must first give the service provider a notice ( show cause notice ) stating— that the chief executive proposes to amend the accreditation; and the proposed amendment; and the reasons for the proposed amendment; and that the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.\n(sec.54-ssec.3) After considering any response from the service provider within the time stated in the show cause notice, the chief executive may make some or all of the proposed amendment.\n(sec.54-ssec.4) If the chief executive decides not to amend the accreditation, the chief executive must give the service provider a notice of the decision.\n(sec.54-ssec.5) At the service provider’s written request, or with the service provider’s written agreement, the chief executive may— amend an accreditation without giving a show cause notice; or amend an accreditation in a way that has not been stated in a show cause notice; or amend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.\n- (a) the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would grant the accreditation in the amended form; or\n- (b) the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the amendment; or\n- (c) the amendment is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or\n- (d) for another reason, having regard to the accreditation criteria, the accreditation should be amended.\n- (a) that the chief executive proposes to amend the accreditation; and\n- (b) the proposed amendment; and\n- (c) the reasons for the proposed amendment; and\n- (d) that the service provider may, within a stated time of at least 28 days, give the chief executive a written response to the proposed amendment.\n- (a) amend an accreditation without giving a show cause notice; or\n- (b) amend an accreditation in a way that has not been stated in a show cause notice; or\n- (c) amend an accreditation before the expiration of the time stated in a show cause notice for the service provider’s response to the proposed amendment.","sortOrder":73},{"sectionNumber":"sec.55","sectionType":"section","heading":"Urgent amendment of accreditation by chief executive","content":"### sec.55 Urgent amendment of accreditation by chief executive\n\nThis section applies if the chief executive is reasonably satisfied, in the interests of the wellbeing and safety of residents in an accredited service, it is necessary to immediately amend the accreditation.\nThe chief executive may, by notice given to the service provider, immediately amend the accreditation without complying with section 54 .\nThe notice must state the reasons for the amendment.\nThe amendment has effect for the period, not more than 90 days, stated in the notice.\n(sec.55-ssec.1) This section applies if the chief executive is reasonably satisfied, in the interests of the wellbeing and safety of residents in an accredited service, it is necessary to immediately amend the accreditation.\n(sec.55-ssec.2) The chief executive may, by notice given to the service provider, immediately amend the accreditation without complying with section 54 .\n(sec.55-ssec.3) The notice must state the reasons for the amendment.\n(sec.55-ssec.4) The amendment has effect for the period, not more than 90 days, stated in the notice.","sortOrder":74},{"sectionNumber":"sec.56","sectionType":"section","heading":"When amendment of accreditation has effect","content":"### sec.56 When amendment of accreditation has effect\n\nAn amendment of the accreditation of a residential service has effect when the chief executive gives notice of the amendment to the service provider or at any later time stated in the notice.","sortOrder":75},{"sectionNumber":"sec.57","sectionType":"section","heading":"Cancellation of accreditation","content":"### sec.57 Cancellation of accreditation\n\nThe chief executive may cancel the accreditation of a residential service at any time if the chief executive is satisfied—\nthe accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would not grant the accreditation; or\nthe service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the cancellation; or\nthe cancellation is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or\nfor level 2 or 3 accreditation—the service provider has stopped providing the service to which the accreditation relates and it is at least 1 month since the day of cessation; or\nfor another reason, having regard to the accreditation criteria, the accreditation should be cancelled.\nThe chief executive must first give the service provider a notice (a show cause notice ) stating—\nthat the chief executive proposes to cancel the accreditation; and\nthe reasons for the proposed cancellation; and\nthat the service provider may, within a stated time of at least 28 days, give the chief executive a written response stating why the service provider considers the accreditation should not be cancelled.\nAfter considering any response from the service provider within the time stated in the show cause notice, the chief executive may, by notice given to the service provider, cancel the accreditation.\nThe cancellation takes effect on the day stated in the notice given under subsection (3) .\nThe stated day of cancellation must be at least 14 days after the notice is given.\nIf the chief executive decides not to cancel the accreditation, the chief executive must give the service provider notice of the decision.\nAt the service provider’s written request, or with the service provider’s written agreement, the chief executive may cancel the accreditation of a residential service without complying with subsections (1) to (5) .\n(sec.57-ssec.1) The chief executive may cancel the accreditation of a residential service at any time if the chief executive is satisfied— the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would not grant the accreditation; or the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the cancellation; or the cancellation is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or for level 2 or 3 accreditation—the service provider has stopped providing the service to which the accreditation relates and it is at least 1 month since the day of cessation; or for another reason, having regard to the accreditation criteria, the accreditation should be cancelled.\n(sec.57-ssec.2) The chief executive must first give the service provider a notice (a show cause notice ) stating— that the chief executive proposes to cancel the accreditation; and the reasons for the proposed cancellation; and that the service provider may, within a stated time of at least 28 days, give the chief executive a written response stating why the service provider considers the accreditation should not be cancelled.\n(sec.57-ssec.3) After considering any response from the service provider within the time stated in the show cause notice, the chief executive may, by notice given to the service provider, cancel the accreditation.\n(sec.57-ssec.4) The cancellation takes effect on the day stated in the notice given under subsection (3) .\n(sec.57-ssec.5) The stated day of cancellation must be at least 14 days after the notice is given.\n(sec.57-ssec.6) If the chief executive decides not to cancel the accreditation, the chief executive must give the service provider notice of the decision.\n(sec.57-ssec.7) At the service provider’s written request, or with the service provider’s written agreement, the chief executive may cancel the accreditation of a residential service without complying with subsections (1) to (5) .\n- (a) the accreditation was obtained because of incorrect or misleading information and, based on the correct information, the chief executive would not grant the accreditation; or\n- (b) the service provider has contravened a residential services Act, or an undertaking given by the service provider under part 9 , division 2 , in a way, or to an extent, that justifies the cancellation; or\n- (c) the cancellation is appropriate having regard to a change involving the service provider, an associate of the service provider or the registered premises; or\n- (d) for level 2 or 3 accreditation—the service provider has stopped providing the service to which the accreditation relates and it is at least 1 month since the day of cessation; or\n- (e) for another reason, having regard to the accreditation criteria, the accreditation should be cancelled.\n- (a) that the chief executive proposes to cancel the accreditation; and\n- (b) the reasons for the proposed cancellation; and\n- (c) that the service provider may, within a stated time of at least 28 days, give the chief executive a written response stating why the service provider considers the accreditation should not be cancelled.","sortOrder":76},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Dealing with accreditation certificate","content":"## Dealing with accreditation certificate","sortOrder":77},{"sectionNumber":"sec.58","sectionType":"section","heading":"Service provider must return accreditation certificate","content":"### sec.58 Service provider must return accreditation certificate\n\nIf the accreditation of a residential service is amended, the service provider must, on receiving a written request from the chief executive, return the accreditation certificate to the chief executive for notation of the amendment.\nMaximum penalty—5 penalty units.\nWithin 14 days after the accreditation of a residential service is cancelled, the service provider must return the accreditation certificate to the chief executive.\nMaximum penalty—20 penalty units.\n(sec.58-ssec.1) If the accreditation of a residential service is amended, the service provider must, on receiving a written request from the chief executive, return the accreditation certificate to the chief executive for notation of the amendment. Maximum penalty—5 penalty units.\n(sec.58-ssec.2) Within 14 days after the accreditation of a residential service is cancelled, the service provider must return the accreditation certificate to the chief executive. Maximum penalty—20 penalty units.","sortOrder":78},{"sectionNumber":"sec.59","sectionType":"section","heading":"Amendment of accreditation certificate to update details","content":"### sec.59 Amendment of accreditation certificate to update details\n\nIf the service provider for an accredited service notifies the chief executive of a change in any of the information stated on the accreditation certificate, the chief executive may amend the accreditation certificate to correct the information.","sortOrder":79},{"sectionNumber":"sec.60","sectionType":"section","heading":"Replacement accreditation certificate","content":"### sec.60 Replacement accreditation certificate\n\nThe service provider for an accredited service may apply to the chief executive for a replacement accreditation certificate.\nThe application must be in the approved form and accompanied by any fee prescribed under a regulation.\nThe chief executive must grant the application if the chief executive is satisfied the accreditation certificate has been lost, stolen or destroyed, or damaged in a way or to an extent to require its replacement.\n(sec.60-ssec.1) The service provider for an accredited service may apply to the chief executive for a replacement accreditation certificate.\n(sec.60-ssec.2) The application must be in the approved form and accompanied by any fee prescribed under a regulation.\n(sec.60-ssec.3) The chief executive must grant the application if the chief executive is satisfied the accreditation certificate has been lost, stolen or destroyed, or damaged in a way or to an extent to require its replacement.","sortOrder":80},{"sectionNumber":"pt.4","sectionType":"part","heading":"Changes affecting registration or accreditation","content":"# Changes affecting registration or accreditation","sortOrder":81},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Change of service provider","content":"## Change of service provider","sortOrder":82},{"sectionNumber":"sec.61","sectionType":"section","heading":"Becoming a service provider","content":"### sec.61 Becoming a service provider\n\nA person may apply to the chief executive to be registered as the service provider for a registered service.\nThe application must—\nbe in the approved form; and\nstate whether the applicant proposes to become the service provider as well as, or instead of, the current service provider; and\nidentify any associates of the applicant; and\ninclude a signed consent by the applicant and by each associate to a criminal history check; and\nbe signed by the applicant and by the current service provider; and\nbe accompanied by—\nthe application fee prescribed under a regulation; and\nif, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\nThe applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.\nThe chief executive must decide the application by registering, or refusing to register, the applicant as the service provider for the registered service.\nThe chief executive must register the applicant as the service provider if the chief executive is satisfied the applicant and each associate are suitable persons.\nIf the chief executive decides the application by registering the applicant as the service provider, the chief executive must give the applicant a notice of the decision, stating the day on which the registration has effect.\nIf the applicant and the current service provider have requested that the registration take effect on a stated day not later than 3 months after the application is made, and the application has been decided by that day, the notice under subsection (6) must state that day as the day on which the registration has effect.\nA requirement mentioned in subsection (2) (f) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\ns 61 amd 2008 No. 69 s 72\n(sec.61-ssec.1) A person may apply to the chief executive to be registered as the service provider for a registered service.\n(sec.61-ssec.2) The application must— be in the approved form; and state whether the applicant proposes to become the service provider as well as, or instead of, the current service provider; and identify any associates of the applicant; and include a signed consent by the applicant and by each associate to a criminal history check; and be signed by the applicant and by the current service provider; and be accompanied by— the application fee prescribed under a regulation; and if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n(sec.61-ssec.3) The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.\n(sec.61-ssec.4) The chief executive must decide the application by registering, or refusing to register, the applicant as the service provider for the registered service.\n(sec.61-ssec.5) The chief executive must register the applicant as the service provider if the chief executive is satisfied the applicant and each associate are suitable persons.\n(sec.61-ssec.6) If the chief executive decides the application by registering the applicant as the service provider, the chief executive must give the applicant a notice of the decision, stating the day on which the registration has effect.\n(sec.61-ssec.7) If the applicant and the current service provider have requested that the registration take effect on a stated day not later than 3 months after the application is made, and the application has been decided by that day, the notice under subsection (6) must state that day as the day on which the registration has effect.\n(sec.61-ssec.8) A requirement mentioned in subsection (2) (f) (ii) is sufficiently made of the applicant if it is made generally of applicants in the approved form or notified on the department’s website.\n- (a) be in the approved form; and\n- (b) state whether the applicant proposes to become the service provider as well as, or instead of, the current service provider; and\n- (c) identify any associates of the applicant; and\n- (d) include a signed consent by the applicant and by each associate to a criminal history check; and\n- (e) be signed by the applicant and by the current service provider; and\n- (f) be accompanied by— (i) the application fee prescribed under a regulation; and (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.\n- (i) the application fee prescribed under a regulation; and\n- (ii) if, before or when the application is made, the chief executive requires the payment of costs under section 24A (1) —the amount of the costs required to be paid.","sortOrder":83},{"sectionNumber":"sec.62","sectionType":"section","heading":"Due day for deciding application","content":"### sec.62 Due day for deciding application\n\nThe chief executive must decide an application made under section 61 as soon as practicable and, in any case, by the due day.\nThe due day for deciding the application is the thirtieth day after the application is made, not including—\na day the chief executive asks for more information under section 61 (3) ; or\nthe day the applicant complies with the request; or\nany days between the days mentioned in paragraphs (a) and (b) .\nHowever, the due day may be extended by agreement between the chief executive and the applicant.\nIf the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to register the applicant as the service provider for the registered service.\n(sec.62-ssec.1) The chief executive must decide an application made under section 61 as soon as practicable and, in any case, by the due day.\n(sec.62-ssec.2) The due day for deciding the application is the thirtieth day after the application is made, not including— a day the chief executive asks for more information under section 61 (3) ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) .\n(sec.62-ssec.3) However, the due day may be extended by agreement between the chief executive and the applicant.\n(sec.62-ssec.4) If the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to register the applicant as the service provider for the registered service.\n- (a) a day the chief executive asks for more information under section 61 (3) ; or\n- (b) the day the applicant complies with the request; or\n- (c) any days between the days mentioned in paragraphs (a) and (b) .","sortOrder":84},{"sectionNumber":"sec.63","sectionType":"section","heading":"Person stops being service provider","content":"### sec.63 Person stops being service provider\n\nWhile a residential service remains registered, a person may stop being the service provider for the service—\nby way of an application under section 61 by someone else to become the service provider instead of the person; or\nif the person is not the only service provider for the service and there will continue to be a service provider for the service after the person stops being a service provider for the service—by giving notice to the chief executive stating a day, not earlier than 7 days after the notice is given, on which the cessation is to have effect.\n- (a) by way of an application under section 61 by someone else to become the service provider instead of the person; or\n- (b) if the person is not the only service provider for the service and there will continue to be a service provider for the service after the person stops being a service provider for the service—by giving notice to the chief executive stating a day, not earlier than 7 days after the notice is given, on which the cessation is to have effect.","sortOrder":85},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Change of registered premises","content":"## Change of registered premises","sortOrder":86},{"sectionNumber":"sec.64","sectionType":"section","heading":"Change of registered premises","content":"### sec.64 Change of registered premises\n\nIf the service provider for a registered service proposes to conduct the service in premises other than the registered premises, the service provider may apply to the chief executive for an amendment of registration.\nThe application must—\nbe in the approved form; and\nstate whether the service is proposed to be conducted in the new premises as well as, or instead of, the current registered premises; and\nbe signed by the service provider; and\nbe accompanied by—\na building compliance notice for the new premises issued within the previous 12 months; and\nthe prescribed fire safety document for the new premises; and\nbe accompanied by the fee prescribed under a regulation.\nThe service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\nThe chief executive must decide the application by amending, or refusing to amend, the registration to show the new premises as the registered premises.\nIf the application is made under this section, the chief executive must amend the registration to show the new premises as the registered premises.\nIf the chief executive decides the application by amending the registration to show the new premises as the registered premises, the chief executive must give the service provider a notice of the decision, stating the day on which the registration has effect.\nIf the service provider has requested that the registration take effect on a stated day not later than 3 months after the application is made, and the application has been decided by that day, the notice under subsection (6) must state that day as the day on which the registration has effect.\n(sec.64-ssec.1) If the service provider for a registered service proposes to conduct the service in premises other than the registered premises, the service provider may apply to the chief executive for an amendment of registration.\n(sec.64-ssec.2) The application must— be in the approved form; and state whether the service is proposed to be conducted in the new premises as well as, or instead of, the current registered premises; and be signed by the service provider; and be accompanied by— a building compliance notice for the new premises issued within the previous 12 months; and the prescribed fire safety document for the new premises; and be accompanied by the fee prescribed under a regulation.\n(sec.64-ssec.3) The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.\n(sec.64-ssec.4) The chief executive must decide the application by amending, or refusing to amend, the registration to show the new premises as the registered premises.\n(sec.64-ssec.5) If the application is made under this section, the chief executive must amend the registration to show the new premises as the registered premises.\n(sec.64-ssec.6) If the chief executive decides the application by amending the registration to show the new premises as the registered premises, the chief executive must give the service provider a notice of the decision, stating the day on which the registration has effect.\n(sec.64-ssec.7) If the service provider has requested that the registration take effect on a stated day not later than 3 months after the application is made, and the application has been decided by that day, the notice under subsection (6) must state that day as the day on which the registration has effect.\n- (a) be in the approved form; and\n- (b) state whether the service is proposed to be conducted in the new premises as well as, or instead of, the current registered premises; and\n- (c) be signed by the service provider; and\n- (d) be accompanied by— (i) a building compliance notice for the new premises issued within the previous 12 months; and (ii) the prescribed fire safety document for the new premises; and\n- (i) a building compliance notice for the new premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the new premises; and\n- (e) be accompanied by the fee prescribed under a regulation.\n- (i) a building compliance notice for the new premises issued within the previous 12 months; and\n- (ii) the prescribed fire safety document for the new premises; and","sortOrder":87},{"sectionNumber":"sec.65","sectionType":"section","heading":"Due day for deciding application","content":"### sec.65 Due day for deciding application\n\nThe chief executive must decide an application made under section 64 as soon as practicable and, in any case, by the due day.\nThe due day for deciding the application is the thirtieth day after the application is made, not including—\na day the chief executive asks for more information under section 64 (3) ; or\nthe day the applicant complies with the request; or\nany days between the days mentioned in paragraphs (a) and (b) .\nHowever, the due day may be extended by agreement between the chief executive and the applicant.\nIf the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to amend the registration to show the new premises as the registered premises.\n(sec.65-ssec.1) The chief executive must decide an application made under section 64 as soon as practicable and, in any case, by the due day.\n(sec.65-ssec.2) The due day for deciding the application is the thirtieth day after the application is made, not including— a day the chief executive asks for more information under section 64 (3) ; or the day the applicant complies with the request; or any days between the days mentioned in paragraphs (a) and (b) .\n(sec.65-ssec.3) However, the due day may be extended by agreement between the chief executive and the applicant.\n(sec.65-ssec.4) If the chief executive does not decide the application by the due day, the chief executive is taken to have decided the application, on the day after the due day, by refusing to amend the registration to show the new premises as the registered premises.\n- (a) a day the chief executive asks for more information under section 64 (3) ; or\n- (b) the day the applicant complies with the request; or\n- (c) any days between the days mentioned in paragraphs (a) and (b) .","sortOrder":88},{"sectionNumber":"sec.66","sectionType":"section","heading":"Premises stop being registered premises","content":"### sec.66 Premises stop being registered premises\n\nWhile a residential service remains registered, premises may stop being the registered premises for the service—\nby way of an application under section 64 for new premises to become the registered premises instead of the premises; or\nif the premises are not the only registered premises for the service or only form part of the registered premises for the service—by notice, given by the service provider to the chief executive, stating a day, not earlier than 7 days after the notice is given, on which the cessation is to have effect.\n- (a) by way of an application under section 64 for new premises to become the registered premises instead of the premises; or\n- (b) if the premises are not the only registered premises for the service or only form part of the registered premises for the service—by notice, given by the service provider to the chief executive, stating a day, not earlier than 7 days after the notice is given, on which the cessation is to have effect.","sortOrder":89},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Other changes","content":"## Other changes","sortOrder":90},{"sectionNumber":"sec.67","sectionType":"section","heading":"Service provider stops conducting or providing a service","content":"### sec.67 Service provider stops conducting or providing a service\n\nThe service provider for a registered service must comply with this section, unless the service provider has a reasonable excuse.\nMaximum penalty—50 penalty units.\nAt least 30 days before the service provider stops conducting the residential service, the service provider must give the chief executive a notice, in the approved form, surrendering the registration of the service.\nIf the residential service is accredited at level 2, the service provider must give the chief executive a notice, in the approved form, at least 30 days before the service provider stops providing a food service in the course of the residential service.\nIf the residential service is accredited at level 3, the service provider must give the chief executive a notice, in the approved form, at least 30 days before the service provider stops providing a personal care service in the course of the residential service.\n(sec.67-ssec.1) The service provider for a registered service must comply with this section, unless the service provider has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.67-ssec.2) At least 30 days before the service provider stops conducting the residential service, the service provider must give the chief executive a notice, in the approved form, surrendering the registration of the service.\n(sec.67-ssec.3) If the residential service is accredited at level 2, the service provider must give the chief executive a notice, in the approved form, at least 30 days before the service provider stops providing a food service in the course of the residential service.\n(sec.67-ssec.4) If the residential service is accredited at level 3, the service provider must give the chief executive a notice, in the approved form, at least 30 days before the service provider stops providing a personal care service in the course of the residential service.","sortOrder":91},{"sectionNumber":"sec.68","sectionType":"section","heading":"Change of associate","content":"### sec.68 Change of associate\n\nWithin 30 days after a person becomes an associate of the service provider for a registered service, the service provider must give the chief executive a notice in the approved form about the person, unless the service provider has a reasonable excuse.\nMaximum penalty—\nif the service provider knows, or ought reasonably to know, the new associate has a conviction for a disqualifying offence—100 penalty units; or\notherwise—20 penalty units.\nWithin 30 days after a person stops being an associate of the service provider for a registered service, the service provider must give the chief executive a notice, in the approved form, about the person, unless the service provider has a reasonable excuse.\nMaximum penalty—10 penalty units.\n(sec.68-ssec.1) Within 30 days after a person becomes an associate of the service provider for a registered service, the service provider must give the chief executive a notice in the approved form about the person, unless the service provider has a reasonable excuse. Maximum penalty— if the service provider knows, or ought reasonably to know, the new associate has a conviction for a disqualifying offence—100 penalty units; or otherwise—20 penalty units.\n(sec.68-ssec.2) Within 30 days after a person stops being an associate of the service provider for a registered service, the service provider must give the chief executive a notice, in the approved form, about the person, unless the service provider has a reasonable excuse. Maximum penalty—10 penalty units.\n- (a) if the service provider knows, or ought reasonably to know, the new associate has a conviction for a disqualifying offence—100 penalty units; or\n- (b) otherwise—20 penalty units.","sortOrder":92},{"sectionNumber":"sec.69","sectionType":"section","heading":"Notice of other changes","content":"### sec.69 Notice of other changes\n\nThe service provider for a registered service must give the chief executive a notice, in the approved form, within 30 days after becoming aware that any of the following has happened, unless the service provider has a reasonable excuse—\nthere is a change in the criminal history of the service provider or an associate of the service provider;\nthe registered premises are, or a part of the registered premises is—\ndestroyed; or\ndamaged, renovated or otherwise changed, in a significant way;\nthere is a change in another matter previously notified to the chief executive that the service provider knows, or ought reasonably to know, is relevant to the continued registration or accreditation of the residential service;\na matter provided for under a regulation.\nMaximum penalty—\nfor subsection (1) (a) , if the change is a conviction for a disqualifying offence—100 penalty units; or\notherwise—20 penalty units.\nAn associate of a service provider for a registered service must give the chief executive a notice, in the approved form, within 30 days after becoming aware there is a change in the associate’s criminal history, unless the associate has a reasonable excuse.\nMaximum penalty—100 penalty units.\nSubsections (1) (a) and (2) do not apply to a change merely because a conviction has stopped being part of the criminal history.\nIt is a reasonable excuse for an individual to fail to comply with a requirement under subsection (1) (c) or (d) that complying with the requirement might tend to incriminate the individual.\ns 69 amd 2017 No. 42 s 71\n(sec.69-ssec.1) The service provider for a registered service must give the chief executive a notice, in the approved form, within 30 days after becoming aware that any of the following has happened, unless the service provider has a reasonable excuse— there is a change in the criminal history of the service provider or an associate of the service provider; the registered premises are, or a part of the registered premises is— destroyed; or damaged, renovated or otherwise changed, in a significant way; there is a change in another matter previously notified to the chief executive that the service provider knows, or ought reasonably to know, is relevant to the continued registration or accreditation of the residential service; a matter provided for under a regulation. Maximum penalty— for subsection (1) (a) , if the change is a conviction for a disqualifying offence—100 penalty units; or otherwise—20 penalty units.\n(sec.69-ssec.2) An associate of a service provider for a registered service must give the chief executive a notice, in the approved form, within 30 days after becoming aware there is a change in the associate’s criminal history, unless the associate has a reasonable excuse. Maximum penalty—100 penalty units.\n(sec.69-ssec.3) Subsections (1) (a) and (2) do not apply to a change merely because a conviction has stopped being part of the criminal history.\n(sec.69-ssec.4) It is a reasonable excuse for an individual to fail to comply with a requirement under subsection (1) (c) or (d) that complying with the requirement might tend to incriminate the individual.\n- (a) there is a change in the criminal history of the service provider or an associate of the service provider;\n- (b) the registered premises are, or a part of the registered premises is— (i) destroyed; or (ii) damaged, renovated or otherwise changed, in a significant way;\n- (i) destroyed; or\n- (ii) damaged, renovated or otherwise changed, in a significant way;\n- (c) there is a change in another matter previously notified to the chief executive that the service provider knows, or ought reasonably to know, is relevant to the continued registration or accreditation of the residential service;\n- (d) a matter provided for under a regulation.\n- (i) destroyed; or\n- (ii) damaged, renovated or otherwise changed, in a significant way;\n- (a) for subsection (1) (a) , if the change is a conviction for a disqualifying offence—100 penalty units; or\n- (b) otherwise—20 penalty units.","sortOrder":93},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Death of service provider","content":"## Death of service provider","sortOrder":94},{"sectionNumber":"sec.70","sectionType":"section","heading":"Death of sole service provider","content":"### sec.70 Death of sole service provider\n\nThis section applies if an individual is the only service provider for a registered service and the individual dies.\nThe personal representative of the individual’s estate is taken to be registered as the service provider for 6 months from the date of death (the transitional registration period ).\nSubsection (2) applies subject to—\nthe chief executive deciding the personal representative is not a suitable person; or\nany earlier change of the person registered as the service provider, or cancellation of the registration, under this Act; or\nany extension, or earlier ending, of the transitional registration period under this section.\nIf the chief executive decides the personal representative is not a suitable person, the chief executive may, for the purpose of this section, substitute the personal representative with either of the following persons (each the substitute )—\nan associate of the service provider;\nanother person the chief executive is satisfied is a suitable person.\nThe personal representative or the substitute may apply in writing to the chief executive for an extension of the transitional registration period.\nOn receiving the application, the chief executive may extend the transitional registration period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances.\nThe chief executive may extend the transitional registration period for the period necessary for an application under section 61 to be made and decided.\nWithout limiting section 61 , a person who is taken to be registered as the service provider for a residential service under this section in the person’s capacity as personal representative, or a substitute, may apply under section 61 to be registered, in his or her personal capacity, as the service provider for the service.\ns 70 amd 2017 No. 42 s 72\n(sec.70-ssec.1) This section applies if an individual is the only service provider for a registered service and the individual dies.\n(sec.70-ssec.2) The personal representative of the individual’s estate is taken to be registered as the service provider for 6 months from the date of death (the transitional registration period ).\n(sec.70-ssec.3) Subsection (2) applies subject to— the chief executive deciding the personal representative is not a suitable person; or any earlier change of the person registered as the service provider, or cancellation of the registration, under this Act; or any extension, or earlier ending, of the transitional registration period under this section.\n(sec.70-ssec.3A) If the chief executive decides the personal representative is not a suitable person, the chief executive may, for the purpose of this section, substitute the personal representative with either of the following persons (each the substitute )— an associate of the service provider; another person the chief executive is satisfied is a suitable person.\n(sec.70-ssec.4) The personal representative or the substitute may apply in writing to the chief executive for an extension of the transitional registration period.\n(sec.70-ssec.5) On receiving the application, the chief executive may extend the transitional registration period by the further period, of not more than 6 months, that the chief executive considers appropriate in all the circumstances. The chief executive may extend the transitional registration period for the period necessary for an application under section 61 to be made and decided.\n(sec.70-ssec.6) Without limiting section 61 , a person who is taken to be registered as the service provider for a residential service under this section in the person’s capacity as personal representative, or a substitute, may apply under section 61 to be registered, in his or her personal capacity, as the service provider for the service.\n- (a) the chief executive deciding the personal representative is not a suitable person; or\n- (b) any earlier change of the person registered as the service provider, or cancellation of the registration, under this Act; or\n- (c) any extension, or earlier ending, of the transitional registration period under this section.\n- (a) an associate of the service provider;\n- (b) another person the chief executive is satisfied is a suitable person.","sortOrder":95},{"sectionNumber":"sec.71","sectionType":"section","heading":"Dealings with registration or accreditation in first 30 days of the transitional registration period","content":"### sec.71 Dealings with registration or accreditation in first 30 days of the transitional registration period\n\nThis section applies during the first 30 days of the transitional registration period of a residential service.\nThe personal representative or the substitute may, by giving a notice to the chief executive, surrender the registration or accreditation of the residential service without complying with section 67 .\nIf the chief executive is satisfied it is necessary to do so to ensure the health and safety of the residents, the chief executive may amend the accreditation of the residential service, by giving a notice to the personal representative or the substitute, without first giving a show cause notice under section 54 .\nThe notice must state the reasons for the amendment.\nThe amendment has effect for the period, not more than 90 days, stated in the notice.\nIn this section—\nsubstitute see section 70 (3A) .\ns 71 amd 2017 No. 42 s 73\n(sec.71-ssec.1) This section applies during the first 30 days of the transitional registration period of a residential service.\n(sec.71-ssec.2) The personal representative or the substitute may, by giving a notice to the chief executive, surrender the registration or accreditation of the residential service without complying with section 67 .\n(sec.71-ssec.3) If the chief executive is satisfied it is necessary to do so to ensure the health and safety of the residents, the chief executive may amend the accreditation of the residential service, by giving a notice to the personal representative or the substitute, without first giving a show cause notice under section 54 .\n(sec.71-ssec.4) The notice must state the reasons for the amendment.\n(sec.71-ssec.5) The amendment has effect for the period, not more than 90 days, stated in the notice.\n(sec.71-ssec.6) In this section— substitute see section 70 (3A) .","sortOrder":96},{"sectionNumber":"sec.72","sectionType":"section","heading":"Death of service provider if more than 1 service provider","content":"### sec.72 Death of service provider if more than 1 service provider\n\nThis section applies if there is more than 1 service provider for a registered service.\nIf 1 of the service providers is an individual who dies, each of the surviving service providers continues as service provider.\nIf 2 or more of the service providers are individuals and they die at the same time—\nif there are any surviving service providers, each of them continues as service provider; or\nif there are no surviving service providers, sections 70 and 71 apply, with all necessary changes, to the personal representatives of the estates of the service providers who have died.\n(sec.72-ssec.1) This section applies if there is more than 1 service provider for a registered service.\n(sec.72-ssec.2) If 1 of the service providers is an individual who dies, each of the surviving service providers continues as service provider.\n(sec.72-ssec.3) If 2 or more of the service providers are individuals and they die at the same time— if there are any surviving service providers, each of them continues as service provider; or if there are no surviving service providers, sections 70 and 71 apply, with all necessary changes, to the personal representatives of the estates of the service providers who have died.\n- (a) if there are any surviving service providers, each of them continues as service provider; or\n- (b) if there are no surviving service providers, sections 70 and 71 apply, with all necessary changes, to the personal representatives of the estates of the service providers who have died.","sortOrder":97},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Notation of changes","content":"## Notation of changes","sortOrder":98},{"sectionNumber":"sec.73","sectionType":"section","heading":"Return of certificates for notation of change","content":"### sec.73 Return of certificates for notation of change\n\nIf a change mentioned in this part happens to a registered service, the service provider must, on receiving a written request from the chief executive, return the registration certificate or accreditation certificate to the chief executive for notation of the change, unless the service provider has a reasonable excuse.\nMaximum penalty—5 penalty units.","sortOrder":99},{"sectionNumber":"pt.5","sectionType":"part","heading":"Other matters about conduct of residential service","content":"# Other matters about conduct of residential service","sortOrder":100},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Fire safety management plan","content":"## Fire safety management plan","sortOrder":101},{"sectionNumber":"sec.74","sectionType":"section","heading":"Non-application to budget accommodation building","content":"### sec.74 Non-application to budget accommodation building\n\nThis division does not apply to premises that are a budget accommodation building.","sortOrder":102},{"sectionNumber":"sec.75","sectionType":"section","heading":"Requirement for plan","content":"### sec.75 Requirement for plan\n\nA person must not conduct a residential service in premises unless there is a plan for the premises complying with the requirements prescribed under a regulation (a fire safety management plan ).\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 172 .\ns 75 amd 2013 No. 51 s 229 sch 1 ; 2017 No. 42 s 74","sortOrder":103},{"sectionNumber":"sec.76","sectionType":"section","heading":"Maintenance, implementation and accessibility of plan","content":"### sec.76 Maintenance, implementation and accessibility of plan\n\nThis section applies to the service provider for a residential service in relation to the fire safety management plan for the premises in which the service is conducted.\nThe service provider must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the requirements prescribed under section 75 .\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 172 .\nA change in circumstances mentioned in subsection (2) includes, for example, a change in the requirements prescribed under section 75 .\nThe service provider must ensure the current fire safety management plan is implemented.\nMaximum penalty—100 penalty units.\nThis provision is an executive liability provision—see section 172 .\nThe service provider must ensure a copy of the current fire safety management plan is kept in the premises and is available for inspection, free of charge, by the residents.\nMaximum penalty—20 penalty units.\ns 76 amd 2013 No. 51 s 229 sch 1\n(sec.76-ssec.1) This section applies to the service provider for a residential service in relation to the fire safety management plan for the premises in which the service is conducted.\n(sec.76-ssec.2) The service provider must ensure the plan is updated as soon as practicable, but not later than 1 month, after a change in circumstances affecting the plan’s compliance with the requirements prescribed under section 75 . Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 172 .\n(sec.76-ssec.3) A change in circumstances mentioned in subsection (2) includes, for example, a change in the requirements prescribed under section 75 .\n(sec.76-ssec.4) The service provider must ensure the current fire safety management plan is implemented. Maximum penalty—100 penalty units. This provision is an executive liability provision—see section 172 .\n(sec.76-ssec.5) The service provider must ensure a copy of the current fire safety management plan is kept in the premises and is available for inspection, free of charge, by the residents. Maximum penalty—20 penalty units.","sortOrder":104},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Records","content":"## Records","sortOrder":105},{"sectionNumber":"sec.77","sectionType":"section","heading":"Service provider for registered service must keep records","content":"### sec.77 Service provider for registered service must keep records\n\nThe service provider for a registered service must make, and keep for at least the time prescribed under a regulation, the records prescribed under a regulation.\nMaximum penalty—10 penalty units.","sortOrder":106},{"sectionNumber":"sec.78","sectionType":"section","heading":"Access to records about a resident","content":"### sec.78 Access to records about a resident\n\nThis section applies to a record about a resident in a residential service kept by the service provider including, for a registered service, a record about a resident kept under section 77 .\nIf asked by the resident, the service provider must, within the time stated in subsection (3) , give the resident or another person access to the record to enable the resident or other person to inspect the record or take a copy.\nMaximum penalty—10 penalty units.\nThe time for giving the access is—\nfor a record needed by the resident or other person in an emergency—immediately; or\notherwise—\nfor a record containing medical information about the resident—within 24 hours after the request is made; or\nfor another record—within a reasonable time after the request is made.\n(sec.78-ssec.1) This section applies to a record about a resident in a residential service kept by the service provider including, for a registered service, a record about a resident kept under section 77 .\n(sec.78-ssec.2) If asked by the resident, the service provider must, within the time stated in subsection (3) , give the resident or another person access to the record to enable the resident or other person to inspect the record or take a copy. Maximum penalty—10 penalty units.\n(sec.78-ssec.3) The time for giving the access is— for a record needed by the resident or other person in an emergency—immediately; or otherwise— for a record containing medical information about the resident—within 24 hours after the request is made; or for another record—within a reasonable time after the request is made.\n- (a) for a record needed by the resident or other person in an emergency—immediately; or\n- (b) otherwise— (i) for a record containing medical information about the resident—within 24 hours after the request is made; or (ii) for another record—within a reasonable time after the request is made.\n- (i) for a record containing medical information about the resident—within 24 hours after the request is made; or\n- (ii) for another record—within a reasonable time after the request is made.\n- (i) for a record containing medical information about the resident—within 24 hours after the request is made; or\n- (ii) for another record—within a reasonable time after the request is made.","sortOrder":107},{"sectionNumber":"sec.79","sectionType":"section","heading":"Confidentiality of records about a resident","content":"### sec.79 Confidentiality of records about a resident\n\nThe service provider for a residential service must ensure that the service’s records, so far as they contain personal information about a resident, are kept in a way that ensures no-one has access to them other than an authorised person for the service or the resident.\nMaximum penalty—20 penalty units.\nA person who, as an authorised person for a residential service, obtains personal information about a resident from the service’s records must not disclose the information to anyone other than another authorised person for the service or the resident.\nMaximum penalty—20 penalty units.\nSubsections (1) and (2) do not apply to the giving of access to a record, or the disclosure of information, about a resident—\nfor a purpose of this Act; or\nwith the resident’s consent; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas expressly permitted or required by another Act.\nIn this section—\nauthorised person , for a residential service, means the service provider or a person employed in the service by the service provider.\npersonal information , about a resident, means—\ninformation about the resident’s health; or\ninformation about the resident’s financial affairs; or\nother information, relating to the resident, provided for under a regulation.\nrecords , of a residential service, means the records kept by the service provider that relate to the conduct of the service including, for a registered service, the records kept under section 77 .\n(sec.79-ssec.1) The service provider for a residential service must ensure that the service’s records, so far as they contain personal information about a resident, are kept in a way that ensures no-one has access to them other than an authorised person for the service or the resident. Maximum penalty—20 penalty units.\n(sec.79-ssec.2) A person who, as an authorised person for a residential service, obtains personal information about a resident from the service’s records must not disclose the information to anyone other than another authorised person for the service or the resident. Maximum penalty—20 penalty units.\n(sec.79-ssec.3) Subsections (1) and (2) do not apply to the giving of access to a record, or the disclosure of information, about a resident— for a purpose of this Act; or with the resident’s consent; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required by another Act.\n(sec.79-ssec.4) In this section— authorised person , for a residential service, means the service provider or a person employed in the service by the service provider. personal information , about a resident, means— information about the resident’s health; or information about the resident’s financial affairs; or other information, relating to the resident, provided for under a regulation. records , of a residential service, means the records kept by the service provider that relate to the conduct of the service including, for a registered service, the records kept under section 77 .\n- (a) for a purpose of this Act; or\n- (b) with the resident’s consent; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as expressly permitted or required by another Act.\n- (a) information about the resident’s health; or\n- (b) information about the resident’s financial affairs; or\n- (c) other information, relating to the resident, provided for under a regulation.","sortOrder":108},{"sectionNumber":"sec.80","sectionType":"section","heading":"Services that are no longer registered and persons who are no longer residents","content":"### sec.80 Services that are no longer registered and persons who are no longer residents\n\nA reference in this division to a residential service includes a service that is no longer being conducted.\nA reference in this division to a registered service includes a service that is no longer registered.\nA reference in this division to a resident in a residential service includes a person who is no longer a resident in the service.\nHowever—\nsubsection (2) does not apply to section 77 so far as that section requires a service provider to make a record for a registered service; and\nsubsection (3) does not apply to section 77 so far as that section requires a service provider to make a record about a resident.\n(sec.80-ssec.1) A reference in this division to a residential service includes a service that is no longer being conducted.\n(sec.80-ssec.2) A reference in this division to a registered service includes a service that is no longer registered.\n(sec.80-ssec.3) A reference in this division to a resident in a residential service includes a person who is no longer a resident in the service.\n(sec.80-ssec.4) However— subsection (2) does not apply to section 77 so far as that section requires a service provider to make a record for a registered service; and subsection (3) does not apply to section 77 so far as that section requires a service provider to make a record about a resident.\n- (a) subsection (2) does not apply to section 77 so far as that section requires a service provider to make a record for a registered service; and\n- (b) subsection (3) does not apply to section 77 so far as that section requires a service provider to make a record about a resident.","sortOrder":109},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":110},{"sectionNumber":"sec.81","sectionType":"section","heading":"Payment for movement of residents between premises","content":"### sec.81 Payment for movement of residents between premises\n\nThe service provider for a residential service must not pay an amount to, or receive an amount from, the service provider for another residential service for helping or allowing a resident to change accommodation between the premises in which the services are conducted.\nMaximum penalty—100 penalty units.","sortOrder":111},{"sectionNumber":"sec.81A","sectionType":"section","heading":"Notification of death of resident","content":"### sec.81A Notification of death of resident\n\nThis section applies to a service provider for a residential service that is accredited at level 3 if a resident in the service dies.\nThe service provider must give the chief executive a notice, in the approved form, within 7 days after becoming aware of the death, unless the service provider has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 81A ins 2017 No. 42 s 75\n(sec.81A-ssec.1) This section applies to a service provider for a residential service that is accredited at level 3 if a resident in the service dies.\n(sec.81A-ssec.2) The service provider must give the chief executive a notice, in the approved form, within 7 days after becoming aware of the death, unless the service provider has a reasonable excuse. Maximum penalty—50 penalty units.","sortOrder":112},{"sectionNumber":"sec.82","sectionType":"section","heading":"Power of attorney","content":"### sec.82 Power of attorney\n\nThe service provider for a residential service must not exercise, or purport to exercise, a power conferred on, or exercisable by, the service provider under a power of attorney given by a resident in the service in favour of the service provider.\nMaximum penalty—100 penalty units.","sortOrder":113},{"sectionNumber":"sec.82A","sectionType":"section","heading":"Alteration of certificates","content":"### sec.82A Alteration of certificates\n\nA person must not alter a current registration certificate or accreditation certificate without the chief executive’s written authorisation.\nMaximum penalty—10 penalty units.\ns 82A (prev s 139) reloc and renum 2014 No. 8 s 141","sortOrder":114},{"sectionNumber":"sec.83","sectionType":"section","heading":"Display of certificates","content":"### sec.83 Display of certificates\n\nThe service provider for a registered service must display, at a place at the registered premises where they are likely to be seen by residents, the registration certificate and any accreditation certificate that is in force for the service.\nMaximum penalty—5 penalty units.","sortOrder":115},{"sectionNumber":"pt.6","sectionType":"part","heading":"Appointment of administrator","content":"# Appointment of administrator","sortOrder":116},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Appointment","content":"## Appointment","sortOrder":117},{"sectionNumber":"sec.84","sectionType":"section","heading":"Appointment","content":"### sec.84 Appointment\n\nQCAT may, by order, appoint a person as administrator to a registered service under this part.\ns 84 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 733","sortOrder":118},{"sectionNumber":"sec.85","sectionType":"section","heading":"Application to tribunal and basis for appointment","content":"### sec.85 Application to tribunal and basis for appointment\n\nThe chief executive may apply to QCAT for an order appointing a stated person as administrator to a registered service.\nOn the filing of the application, QCAT must fix a time for hearing the application as soon as possible.\nQCAT may make the order if it is satisfied—\nthe appointment is reasonably necessary to protect the health or safety of the residents in the service; and\nthe proposed appointee is suitable and eligible for appointment under section 86 .\nIn deciding whether the appointment is reasonably necessary, QCAT must have regard to the following matters—\nthe services usually provided to the residents in the course of the registered service;\nwhether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties;\nthe likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests;\nthe likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected.\nBefore making the application, the chief executive—\nmust consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and\nmay consult with the service provider, the residents, the disability services department or another entity.\ns 85 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 734\n(sec.85-ssec.1) The chief executive may apply to QCAT for an order appointing a stated person as administrator to a registered service.\n(sec.85-ssec.2) On the filing of the application, QCAT must fix a time for hearing the application as soon as possible.\n(sec.85-ssec.3) QCAT may make the order if it is satisfied— the appointment is reasonably necessary to protect the health or safety of the residents in the service; and the proposed appointee is suitable and eligible for appointment under section 86 .\n(sec.85-ssec.4) In deciding whether the appointment is reasonably necessary, QCAT must have regard to the following matters— the services usually provided to the residents in the course of the registered service; whether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties; the likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests; the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected.\n(sec.85-ssec.5) Before making the application, the chief executive— must consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and may consult with the service provider, the residents, the disability services department or another entity.\n- (a) the appointment is reasonably necessary to protect the health or safety of the residents in the service; and\n- (b) the proposed appointee is suitable and eligible for appointment under section 86 .\n- (a) the services usually provided to the residents in the course of the registered service;\n- (b) whether it appears the service provider is unwilling or unable to provide the services, or provide the services properly, because, for example, the service provider can not be located, is unwell or is in financial difficulties;\n- (c) the likely consequences for the residents if the services are not provided or are not provided properly, having regard, in particular, to the capacity of the residents to safeguard their own interests;\n- (d) the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected.\n- (a) must consider whether it would be more appropriate to take steps other than applying for the appointment, or not to take any steps; and\n- (b) may consult with the service provider, the residents, the disability services department or another entity.","sortOrder":119},{"sectionNumber":"sec.86","sectionType":"section","heading":"Suitability and eligibility of proposed appointee","content":"### sec.86 Suitability and eligibility of proposed appointee\n\nIn deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters—\nthe nature of the registered service;\nthe reason for the appointment;\nthe services the person is to provide as administrator;\nwhether the person has a criminal history that would make the person unsuitable for appointment;\nthe person’s expertise or experience relevant to the appointment;\nany conflict of interest that may arise in the course of the person acting as administrator;\nany other relevant matter.\nThe following persons are ineligible for appointment—\na corporation;\na child;\nan officer or employee of the department;\na person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors;\na person who has been convicted within the previous 5 years of a disqualifying offence.\nA person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person—\nwhether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and\nwhether the person is a person mentioned in subsection (2) (b) to (d) ; and\nwhether the person has a criminal history and, if so, what the criminal history is.\nMaximum penalty—\nfor an offence involving paragraph (c) —100 penalty units; or\notherwise—20 penalty units.\nThe person must give the advice by statutory declaration or on oath or affirmation if required by QCAT.\ns 86 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 735\n(sec.86-ssec.1) In deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters— the nature of the registered service; the reason for the appointment; the services the person is to provide as administrator; whether the person has a criminal history that would make the person unsuitable for appointment; the person’s expertise or experience relevant to the appointment; any conflict of interest that may arise in the course of the person acting as administrator; any other relevant matter.\n(sec.86-ssec.2) The following persons are ineligible for appointment— a corporation; a child; an officer or employee of the department; a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors; a person who has been convicted within the previous 5 years of a disqualifying offence.\n(sec.86-ssec.3) A person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person— whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and whether the person is a person mentioned in subsection (2) (b) to (d) ; and whether the person has a criminal history and, if so, what the criminal history is. Maximum penalty— for an offence involving paragraph (c) —100 penalty units; or otherwise—20 penalty units.\n(sec.86-ssec.4) The person must give the advice by statutory declaration or on oath or affirmation if required by QCAT.\n- (a) the nature of the registered service;\n- (b) the reason for the appointment;\n- (c) the services the person is to provide as administrator;\n- (d) whether the person has a criminal history that would make the person unsuitable for appointment;\n- (e) the person’s expertise or experience relevant to the appointment;\n- (f) any conflict of interest that may arise in the course of the person acting as administrator;\n- (g) any other relevant matter.\n- (a) a corporation;\n- (b) a child;\n- (c) an officer or employee of the department;\n- (d) a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors;\n- (e) a person who has been convicted within the previous 5 years of a disqualifying offence.\n- (a) whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and\n- (b) whether the person is a person mentioned in subsection (2) (b) to (d) ; and\n- (c) whether the person has a criminal history and, if so, what the criminal history is.\n- (a) for an offence involving paragraph (c) —100 penalty units; or\n- (b) otherwise—20 penalty units.","sortOrder":120},{"sectionNumber":"sec.87","sectionType":"section","heading":"Terms of appointment","content":"### sec.87 Terms of appointment\n\nThis section applies if QCAT decides to make an order appointing a person as administrator to a registered service.\nThe appointment must state the following matters—\nthe administrator’s name;\nthe details of the registered service;\nthe services the administrator is to provide;\nthe period of the appointment;\nany conditions of the appointment;\nanything else QCAT considers appropriate.\ns 87 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 736\n(sec.87-ssec.1) This section applies if QCAT decides to make an order appointing a person as administrator to a registered service.\n(sec.87-ssec.2) The appointment must state the following matters— the administrator’s name; the details of the registered service; the services the administrator is to provide; the period of the appointment; any conditions of the appointment; anything else QCAT considers appropriate.\n- (a) the administrator’s name;\n- (b) the details of the registered service;\n- (c) the services the administrator is to provide;\n- (d) the period of the appointment;\n- (e) any conditions of the appointment;\n- (f) anything else QCAT considers appropriate.","sortOrder":121},{"sectionNumber":"sec.88","sectionType":"section","heading":"Notice to service provider about appointment","content":"### sec.88 Notice to service provider about appointment\n\nImmediately after QCAT makes an order appointing a person as administrator to a registered service, the chief executive must give a copy of the order to the service provider, unless the chief executive knows that the service provider already has a copy.\ns 88 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 737","sortOrder":122},{"sectionNumber":"sec.89","sectionType":"section","heading":"Informing residents about appointment","content":"### sec.89 Informing residents about appointment\n\nBefore an administrator to a registered service exercises a power under this part, the chief executive must ensure the residents are informed about the appointment, for example, by—\ngiving a notice of the appointment to the residents or to their attorneys, administrators or agents; or\nposting a notice of the appointment at a place at the registered premises where it is likely to be seen by residents; or\ndirecting the administrator to inform the residents about the appointment in an appropriate way.\n- (a) giving a notice of the appointment to the residents or to their attorneys, administrators or agents; or\n- (b) posting a notice of the appointment at a place at the registered premises where it is likely to be seen by residents; or\n- (c) directing the administrator to inform the residents about the appointment in an appropriate way.","sortOrder":123},{"sectionNumber":"sec.90","sectionType":"section","heading":"Period of appointment","content":"### sec.90 Period of appointment\n\nAn administrator may be appointed for a period of not more than 3 months.\nAfter an administrator starts to carry out the administrator’s function, the chief executive may apply to QCAT for an extension of the appointment.\nQCAT may, by order, extend the period of appointment by a further period of not more than 3 months if it is satisfied the extended appointment is reasonably necessary in all the circumstances.\nIf an administrator’s period of appointment is extended, the chief executive must ensure the service provider and residents are informed about the extension.\ns 90 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 738\n(sec.90-ssec.1) An administrator may be appointed for a period of not more than 3 months.\n(sec.90-ssec.2) After an administrator starts to carry out the administrator’s function, the chief executive may apply to QCAT for an extension of the appointment.\n(sec.90-ssec.3) QCAT may, by order, extend the period of appointment by a further period of not more than 3 months if it is satisfied the extended appointment is reasonably necessary in all the circumstances.\n(sec.90-ssec.4) If an administrator’s period of appointment is extended, the chief executive must ensure the service provider and residents are informed about the extension.","sortOrder":124},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Function and powers","content":"## Function and powers","sortOrder":125},{"sectionNumber":"sec.91","sectionType":"section","heading":"Administrator’s function","content":"### sec.91 Administrator’s function\n\nThe function of an administrator appointed to a registered service is to provide services to residents, under the terms of the appointment, that the service provider has agreed to provide in the course of the registered service.\nThe appointment must state—\nthe services to be provided; and\nthe way in which, or extent to which, the services are to be provided.\n(sec.91-ssec.1) The function of an administrator appointed to a registered service is to provide services to residents, under the terms of the appointment, that the service provider has agreed to provide in the course of the registered service.\n(sec.91-ssec.2) The appointment must state— the services to be provided; and the way in which, or extent to which, the services are to be provided.\n- (a) the services to be provided; and\n- (b) the way in which, or extent to which, the services are to be provided.","sortOrder":126},{"sectionNumber":"sec.92","sectionType":"section","heading":"Administrator’s powers","content":"### sec.92 Administrator’s powers\n\nSo far as is necessary to carry out his or her function, an administrator appointed to a registered service—\nmay enter any part of the registered premises other than a resident’s room; and\nmay use the facilities in the premises; and\nmay use food or other goods at the premises that it appears are intended for use, or are ordinarily used, to provide the relevant services; and\nmay exercise the right of entry to a resident’s room that the administrator would have under the accommodation Act , part 7 , if the administrator were the service provider, including any right of entry to a resident’s room that the service provider has under an agreement with the resident.\n- (a) may enter any part of the registered premises other than a resident’s room; and\n- (b) may use the facilities in the premises; and\n- (c) may use food or other goods at the premises that it appears are intended for use, or are ordinarily used, to provide the relevant services; and\n- (d) may exercise the right of entry to a resident’s room that the administrator would have under the accommodation Act , part 7 , if the administrator were the service provider, including any right of entry to a resident’s room that the service provider has under an agreement with the resident.","sortOrder":127},{"sectionNumber":"sec.93","sectionType":"section","heading":"Rental payments","content":"### sec.93 Rental payments\n\nThe administrator appointed to a registered service may give to a resident a notice, in the approved form, requiring the resident to pay to the administrator a rental payment due to the service provider under the accommodation agreement.\nOn the making of a requirement under subsection (1) , a requirement under the accommodation agreement to make the rental payment to the service provider is taken to be a requirement to make the payment to the administrator.\nIf the resident breaches the accommodation agreement by failing to make the rental payment to the administrator, the accommodation Act , sections 75 (3) , 77 , 78 and 116 apply to the breach as if a reference in those provisions to the service provider were a reference to the administrator.\nThe administrator may require the payment of amounts under subsection (1) only to the extent the administrator reasonably requires to carry out the administrator’s function.\nFor each payment received from a resident under this section, the administrator must—\ngive to the resident a receipt complying with the accommodation Act , section 18 ; and\nmake a copy of the receipt or make another appropriate written record of the payment.\nThe administrator may apply an amount received under this section only in carrying out the administrator’s function.\nIf the administrator stops being satisfied an amount received under this section is needed to carry out the administrator’s function, the administrator must immediately pay the amount to the service provider.\nAt the end of the administrator’s appointment, the administrator must give to the service provider any remaining amount received under this section.\nSubsections (7) and (8) apply subject to section 98 .\nIn this section—\naccommodation agreement , for a resident, means the resident’s agreement with the service provider for the provision of accommodation in the course of the registered service.\n(sec.93-ssec.1) The administrator appointed to a registered service may give to a resident a notice, in the approved form, requiring the resident to pay to the administrator a rental payment due to the service provider under the accommodation agreement.\n(sec.93-ssec.2) On the making of a requirement under subsection (1) , a requirement under the accommodation agreement to make the rental payment to the service provider is taken to be a requirement to make the payment to the administrator.\n(sec.93-ssec.3) If the resident breaches the accommodation agreement by failing to make the rental payment to the administrator, the accommodation Act , sections 75 (3) , 77 , 78 and 116 apply to the breach as if a reference in those provisions to the service provider were a reference to the administrator.\n(sec.93-ssec.4) The administrator may require the payment of amounts under subsection (1) only to the extent the administrator reasonably requires to carry out the administrator’s function.\n(sec.93-ssec.5) For each payment received from a resident under this section, the administrator must— give to the resident a receipt complying with the accommodation Act , section 18 ; and make a copy of the receipt or make another appropriate written record of the payment.\n(sec.93-ssec.6) The administrator may apply an amount received under this section only in carrying out the administrator’s function.\n(sec.93-ssec.7) If the administrator stops being satisfied an amount received under this section is needed to carry out the administrator’s function, the administrator must immediately pay the amount to the service provider.\n(sec.93-ssec.8) At the end of the administrator’s appointment, the administrator must give to the service provider any remaining amount received under this section.\n(sec.93-ssec.9) Subsections (7) and (8) apply subject to section 98 .\n(sec.93-ssec.10) In this section— accommodation agreement , for a resident, means the resident’s agreement with the service provider for the provision of accommodation in the course of the registered service.\n- (a) give to the resident a receipt complying with the accommodation Act , section 18 ; and\n- (b) make a copy of the receipt or make another appropriate written record of the payment.","sortOrder":128},{"sectionNumber":"sec.94","sectionType":"section","heading":"Direction by chief executive","content":"### sec.94 Direction by chief executive\n\nAn administrator is subject to the chief executive’s direction in performing the administrator’s function and exercising the powers given under this part.","sortOrder":129},{"sectionNumber":"sec.95","sectionType":"section","heading":"Production of instrument of appointment for inspection","content":"### sec.95 Production of instrument of appointment for inspection\n\nThis section applies if—\nan administrator is exercising, or proposes to exercise, a power given under this part; and\na person at the registered premises asks the administrator to produce the administrator’s instrument of appointment for the person’s inspection.\nThe administrator must comply with the request.\n(sec.95-ssec.1) This section applies if— an administrator is exercising, or proposes to exercise, a power given under this part; and a person at the registered premises asks the administrator to produce the administrator’s instrument of appointment for the person’s inspection.\n(sec.95-ssec.2) The administrator must comply with the request.\n- (a) an administrator is exercising, or proposes to exercise, a power given under this part; and\n- (b) a person at the registered premises asks the administrator to produce the administrator’s instrument of appointment for the person’s inspection.","sortOrder":130},{"sectionNumber":"sec.96","sectionType":"section","heading":"Obstruction","content":"### sec.96 Obstruction\n\nA person must not obstruct an administrator in the exercise of a power, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIf a person has obstructed an administrator and the administrator decides to proceed with the exercise of the power, the administrator must warn the person that—\nit is an offence to obstruct the administrator, unless the person has a reasonable excuse; and\nthe administrator considers the person’s conduct an obstruction.\nIn this section—\nobstruct includes hinder and attempt to obstruct.\n(sec.96-ssec.1) A person must not obstruct an administrator in the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.96-ssec.2) If a person has obstructed an administrator and the administrator decides to proceed with the exercise of the power, the administrator must warn the person that— it is an offence to obstruct the administrator, unless the person has a reasonable excuse; and the administrator considers the person’s conduct an obstruction.\n(sec.96-ssec.3) In this section— obstruct includes hinder and attempt to obstruct.\n- (a) it is an offence to obstruct the administrator, unless the person has a reasonable excuse; and\n- (b) the administrator considers the person’s conduct an obstruction.","sortOrder":131},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":132},{"sectionNumber":"sec.97","sectionType":"section","heading":"Remuneration","content":"### sec.97 Remuneration\n\nAn administrator is entitled to be paid the reasonable amount of remuneration agreed with the chief executive.","sortOrder":133},{"sectionNumber":"sec.98","sectionType":"section","heading":"Service provider liable for remuneration and other costs","content":"### sec.98 Service provider liable for remuneration and other costs\n\nIf an administrator is appointed to a registered service, the chief executive may give the service provider a written demand for the amount of an administration cost.\nThe chief executive may recover the amount as a debt owed to the State.\nAt any time during or after the appointment, the chief executive may recover an administration cost from an amount held by the administrator under section 93 .\nIn this section—\nadministration cost means the remuneration paid to an administrator and any other reasonable cost incurred in carrying out an administrator’s function.\n(sec.98-ssec.1) If an administrator is appointed to a registered service, the chief executive may give the service provider a written demand for the amount of an administration cost.\n(sec.98-ssec.2) The chief executive may recover the amount as a debt owed to the State.\n(sec.98-ssec.3) At any time during or after the appointment, the chief executive may recover an administration cost from an amount held by the administrator under section 93 .\n(sec.98-ssec.4) In this section— administration cost means the remuneration paid to an administrator and any other reasonable cost incurred in carrying out an administrator’s function.","sortOrder":134},{"sectionNumber":"sec.99","sectionType":"section","heading":"Accounts and reports","content":"### sec.99 Accounts and reports\n\nAn administrator appointed to a registered service must give to the chief executive—\na record of all receipts and payments under section 93 ; and\nthe other reports about the administration that the chief executive requires.\nThe chief executive must give a copy of each record or report to the service provider for the registered service.\n(sec.99-ssec.1) An administrator appointed to a registered service must give to the chief executive— a record of all receipts and payments under section 93 ; and the other reports about the administration that the chief executive requires.\n(sec.99-ssec.2) The chief executive must give a copy of each record or report to the service provider for the registered service.\n- (a) a record of all receipts and payments under section 93 ; and\n- (b) the other reports about the administration that the chief executive requires.","sortOrder":135},{"sectionNumber":"sec.100","sectionType":"section","heading":"Compensation","content":"### sec.100 Compensation\n\nA person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\nCompensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\nA court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.\n(sec.100-ssec.1) A person may claim compensation from the chief executive if the person incurs loss or damage because of the exercise or purported exercise of a power under this part.\n(sec.100-ssec.2) Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.\n(sec.100-ssec.3) A court may order compensation to be paid only if satisfied it is just to make the order in the circumstances of the particular case.","sortOrder":136},{"sectionNumber":"sec.101","sectionType":"section","heading":"Service provider who can not be located","content":"### sec.101 Service provider who can not be located\n\nThis section applies to—\na requirement under this part that the chief executive or an administrator give information to a service provider; or\na requirement under the QCAT Act that the chief executive serve a document on a service provider.\nThe requirement does not apply if the chief executive or administrator can not locate the service provider after making reasonable enquiries.\ns 101 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 739\n(sec.101-ssec.1) This section applies to— a requirement under this part that the chief executive or an administrator give information to a service provider; or a requirement under the QCAT Act that the chief executive serve a document on a service provider.\n(sec.101-ssec.2) The requirement does not apply if the chief executive or administrator can not locate the service provider after making reasonable enquiries.\n- (a) a requirement under this part that the chief executive or an administrator give information to a service provider; or\n- (b) a requirement under the QCAT Act that the chief executive serve a document on a service provider.","sortOrder":137},{"sectionNumber":"pt.7","sectionType":"part","heading":"Associated accreditation officers","content":"# Associated accreditation officers","sortOrder":138},{"sectionNumber":"sec.102","sectionType":"section","heading":"Appointment","content":"### sec.102 Appointment\n\nThe chief executive may appoint a person as an associated accreditation officer if—\nthe chief executive is satisfied the person has the necessary expertise or experience to be an associated accreditation officer; or\nthe person has satisfactorily completed the training approved by the chief executive.\n- (a) the chief executive is satisfied the person has the necessary expertise or experience to be an associated accreditation officer; or\n- (b) the person has satisfactorily completed the training approved by the chief executive.","sortOrder":139},{"sectionNumber":"sec.103","sectionType":"section","heading":"Function","content":"### sec.103 Function\n\nAn associated accreditation officer has the function of helping the chief executive to make accreditation decisions.","sortOrder":140},{"sectionNumber":"sec.104","sectionType":"section","heading":"Conflict of interest","content":"### sec.104 Conflict of interest\n\nIf an associated accreditation officer who is helping the chief executive make an accreditation decision relating to a person becomes aware the officer has an interest, financial or otherwise, that could conflict with the proper performance of the officer’s function, the officer must disclose the interest to the chief executive.\nOn receiving the disclosure, the chief executive must ensure the officer does not take part, or take further part, in helping the chief executive make the accreditation decision, unless the chief executive is satisfied the interest does not conflict with the proper performance of the officer’s function.\nAlso, if an associated accreditation officer carries out activities from time to time in order to represent the interests of service providers generally or residents generally, the officer must disclose the nature of the activities to the chief executive.\nA person who has an interest that could conflict with the proper performance of the function of helping the chief executive make an accreditation decision relating to anyone, or who carries out activities mentioned in subsection (3) , must disclose the interest or the nature of the activities to the chief executive before being appointed as an associated accreditation officer.\n(sec.104-ssec.1) If an associated accreditation officer who is helping the chief executive make an accreditation decision relating to a person becomes aware the officer has an interest, financial or otherwise, that could conflict with the proper performance of the officer’s function, the officer must disclose the interest to the chief executive.\n(sec.104-ssec.2) On receiving the disclosure, the chief executive must ensure the officer does not take part, or take further part, in helping the chief executive make the accreditation decision, unless the chief executive is satisfied the interest does not conflict with the proper performance of the officer’s function.\n(sec.104-ssec.3) Also, if an associated accreditation officer carries out activities from time to time in order to represent the interests of service providers generally or residents generally, the officer must disclose the nature of the activities to the chief executive.\n(sec.104-ssec.4) A person who has an interest that could conflict with the proper performance of the function of helping the chief executive make an accreditation decision relating to anyone, or who carries out activities mentioned in subsection (3) , must disclose the interest or the nature of the activities to the chief executive before being appointed as an associated accreditation officer.","sortOrder":141},{"sectionNumber":"pt.8","sectionType":"part","heading":null,"content":"","sortOrder":142},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":null,"content":"","sortOrder":143},{"sectionNumber":"sec.105","sectionType":"section","heading":null,"content":"### Section sec.105\n\ns 105 om 2014 No. 8 s 140","sortOrder":144},{"sectionNumber":"sec.106","sectionType":"section","heading":null,"content":"### Section sec.106\n\ns 106 om 2014 No. 8 s 140","sortOrder":145},{"sectionNumber":"sec.107","sectionType":"section","heading":null,"content":"### Section sec.107\n\ns 107 om 2014 No. 8 s 140","sortOrder":146},{"sectionNumber":"sec.108","sectionType":"section","heading":null,"content":"### Section sec.108\n\ns 108 om 2014 No. 8 s 140","sortOrder":147},{"sectionNumber":"sec.109","sectionType":"section","heading":null,"content":"### Section sec.109\n\ns 109 om 2014 No. 8 s 140","sortOrder":148},{"sectionNumber":"sec.110","sectionType":"section","heading":null,"content":"### Section sec.110\n\ns 110 om 2014 No. 8 s 140","sortOrder":149},{"sectionNumber":"sec.111","sectionType":"section","heading":null,"content":"### Section sec.111\n\ns 111 om 2014 No. 8 s 140","sortOrder":150},{"sectionNumber":"sec.112","sectionType":"section","heading":null,"content":"### Section sec.112\n\ns 112 om 2014 No. 8 s 140","sortOrder":151},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":null,"content":"","sortOrder":152},{"sectionNumber":"sec.113","sectionType":"section","heading":null,"content":"### Section sec.113\n\ns 113 om 2014 No. 8 s 140","sortOrder":153},{"sectionNumber":"sec.114","sectionType":"section","heading":null,"content":"### Section sec.114\n\ns 114 om 2014 No. 8 s 140","sortOrder":154},{"sectionNumber":"sec.115","sectionType":"section","heading":null,"content":"### Section sec.115\n\ns 115 om 2014 No. 8 s 140","sortOrder":155},{"sectionNumber":"sec.116","sectionType":"section","heading":null,"content":"### Section sec.116\n\ns 116 om 2014 No. 8 s 140","sortOrder":156},{"sectionNumber":"sec.117","sectionType":"section","heading":null,"content":"### Section sec.117\n\ns 117 om 2014 No. 8 s 140","sortOrder":157},{"sectionNumber":"sec.118","sectionType":"section","heading":null,"content":"### Section sec.118\n\ns 118 om 2014 No. 8 s 140","sortOrder":158},{"sectionNumber":"sec.119","sectionType":"section","heading":null,"content":"### Section sec.119\n\ns 119 om 2014 No. 8 s 140","sortOrder":159},{"sectionNumber":"sec.120","sectionType":"section","heading":null,"content":"### Section sec.120\n\ns 120 om 2014 No. 8 s 140","sortOrder":160},{"sectionNumber":"sec.121","sectionType":"section","heading":null,"content":"### Section sec.121\n\ns 121 om 2014 No. 8 s 140","sortOrder":161},{"sectionNumber":"sec.122","sectionType":"section","heading":null,"content":"### Section sec.122\n\ns 122 om 2014 No. 8 s 140","sortOrder":162},{"sectionNumber":"sec.123","sectionType":"section","heading":null,"content":"### Section sec.123\n\ns 123 om 2014 No. 8 s 140","sortOrder":163},{"sectionNumber":"sec.124","sectionType":"section","heading":null,"content":"### Section sec.124\n\ns 124 om 2014 No. 8 s 140","sortOrder":164},{"sectionNumber":"sec.125","sectionType":"section","heading":null,"content":"### Section sec.125\n\ns 125 om 2014 No. 8 s 140","sortOrder":165},{"sectionNumber":"sec.126","sectionType":"section","heading":null,"content":"### Section sec.126\n\ns 126 om 2014 No. 8 s 140","sortOrder":166},{"sectionNumber":"sec.127","sectionType":"section","heading":null,"content":"### Section sec.127\n\ns 127 om 2014 No. 8 s 140","sortOrder":167},{"sectionNumber":"sec.128","sectionType":"section","heading":null,"content":"### Section sec.128\n\ns 128 om 2014 No. 8 s 140","sortOrder":168},{"sectionNumber":"sec.129","sectionType":"section","heading":null,"content":"### Section sec.129\n\ns 129 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 740\nom 2014 No. 8 s 140","sortOrder":169},{"sectionNumber":"sec.130","sectionType":"section","heading":null,"content":"### Section sec.130\n\ns 130 om 2014 No. 8 s 140","sortOrder":170},{"sectionNumber":"sec.131","sectionType":"section","heading":null,"content":"### Section sec.131\n\ns 131 om 2014 No. 8 s 140","sortOrder":171},{"sectionNumber":"sec.132","sectionType":"section","heading":null,"content":"### Section sec.132\n\ns 132 om 2014 No. 8 s 140","sortOrder":172},{"sectionNumber":"sec.133","sectionType":"section","heading":null,"content":"### Section sec.133\n\ns 133 om 2014 No. 8 s 140","sortOrder":173},{"sectionNumber":"sec.134","sectionType":"section","heading":null,"content":"### Section sec.134\n\ns 134 om 2014 No. 8 s 140","sortOrder":174},{"sectionNumber":"sec.135","sectionType":"section","heading":null,"content":"### Section sec.135\n\ns 135 om 2014 No. 8 s 140","sortOrder":175},{"sectionNumber":"sec.136","sectionType":"section","heading":null,"content":"### Section sec.136\n\ns 136 om 2014 No. 8 s 140","sortOrder":176},{"sectionNumber":"sec.137","sectionType":"section","heading":null,"content":"### Section sec.137\n\ns 137 om 2014 No. 8 s 140","sortOrder":177},{"sectionNumber":"sec.138","sectionType":"section","heading":null,"content":"### Section sec.138\n\ns 138 om 2014 No. 8 s 140","sortOrder":178},{"sectionNumber":"sec.140","sectionType":"section","heading":null,"content":"### Section sec.140\n\ns 140 om 2014 No. 8 s 140","sortOrder":179},{"sectionNumber":"sec.141","sectionType":"section","heading":null,"content":"### Section sec.141\n\ns 141 om 2014 No. 8 s 140","sortOrder":180},{"sectionNumber":"sec.142","sectionType":"section","heading":null,"content":"### Section sec.142\n\ns 142 om 2014 No. 8 s 140","sortOrder":181},{"sectionNumber":"sec.143","sectionType":"section","heading":null,"content":"### Section sec.143\n\ns 143 om 2014 No. 8 s 140","sortOrder":182},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":null,"content":"","sortOrder":183},{"sectionNumber":"pt.9","sectionType":"part","heading":"Compliance processes","content":"# Compliance processes","sortOrder":184},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Injunctions","content":"## Injunctions","sortOrder":185},{"sectionNumber":"sec.144","sectionType":"section","heading":"Grant of injunction","content":"### sec.144 Grant of injunction\n\nThe chief executive may apply to the District Court for an injunction.\nThe court may grant an injunction under this division against a person at any time.\n(sec.144-ssec.1) The chief executive may apply to the District Court for an injunction.\n(sec.144-ssec.2) The court may grant an injunction under this division against a person at any time.","sortOrder":186},{"sectionNumber":"sec.145","sectionType":"section","heading":"Grounds for injunction","content":"### sec.145 Grounds for injunction\n\nThe District Court may grant an injunction if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\ncontravening this Act; or\nattempting to contravene this Act; or\naiding, abetting, counselling or procuring a person to contravene this Act; or\ninducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\nbeing, in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or\nconspiring with others to contravene this Act.\n- (a) contravening this Act; or\n- (b) attempting to contravene this Act; or\n- (c) aiding, abetting, counselling or procuring a person to contravene this Act; or\n- (d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or\n- (e) being, in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or\n- (f) conspiring with others to contravene this Act.","sortOrder":187},{"sectionNumber":"sec.146","sectionType":"section","heading":"Court’s powers for injunctions","content":"### sec.146 Court’s powers for injunctions\n\nThe District Court’s power to grant an injunction restraining a person from engaging in conduct may be exercised—\nwhether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\nwhether or not the person has previously engaged in conduct of that kind.\nThe District Court’s power to grant an injunction requiring a person to do an act or thing may be exercised—\nwhether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\nwhether or not the person has previously failed to do the act or thing.\nAn interim injunction may be granted under this division until the application is finally decided.\nThe District Court may rescind or vary an injunction at any time.\n(sec.146-ssec.1) The District Court’s power to grant an injunction restraining a person from engaging in conduct may be exercised— whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and whether or not the person has previously engaged in conduct of that kind.\n(sec.146-ssec.2) The District Court’s power to grant an injunction requiring a person to do an act or thing may be exercised— whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and whether or not the person has previously failed to do the act or thing.\n(sec.146-ssec.3) An interim injunction may be granted under this division until the application is finally decided.\n(sec.146-ssec.4) The District Court may rescind or vary an injunction at any time.\n- (a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and\n- (b) whether or not the person has previously engaged in conduct of that kind.\n- (a) whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and\n- (b) whether or not the person has previously failed to do the act or thing.","sortOrder":188},{"sectionNumber":"sec.147","sectionType":"section","heading":"Terms of injunction","content":"### sec.147 Terms of injunction\n\nThe District Court may grant an injunction in the terms the court considers appropriate.\nWithout limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from conducting a residential service (whether or not the person is a service provider or the residential service is conducted, or is to be conducted, as part of, or incidental to, the carrying on of another activity or business)—\nfor a stated period; or\nexcept on stated terms and conditions.\nAlso, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s contravention of this Act.\n(sec.147-ssec.1) The District Court may grant an injunction in the terms the court considers appropriate.\n(sec.147-ssec.2) Without limiting the court’s power under subsection (1) , an injunction may be granted restraining a person from conducting a residential service (whether or not the person is a service provider or the residential service is conducted, or is to be conducted, as part of, or incidental to, the carrying on of another activity or business)— for a stated period; or except on stated terms and conditions.\n(sec.147-ssec.3) Also, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s contravention of this Act.\n- (a) for a stated period; or\n- (b) except on stated terms and conditions.","sortOrder":189},{"sectionNumber":"sec.148","sectionType":"section","heading":"Undertaking as to costs","content":"### sec.148 Undertaking as to costs\n\nIf the chief executive applies for an injunction under this division, no undertaking as to damages or costs may be required or paid.","sortOrder":190},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Undertakings","content":"## Undertakings","sortOrder":191},{"sectionNumber":"sec.149","sectionType":"section","heading":"Chief executive may seek undertaking after contravention","content":"### sec.149 Chief executive may seek undertaking after contravention\n\nIf the chief executive reasonably believes the service provider for a residential service has contravened this Act, the chief executive may, by notice given to the service provider—\nstate the act or omission the chief executive believes is the contravention; and\nask the service provider to give the chief executive a written undertaking that the service provider will not continue or repeat the act or omission.\n- (a) state the act or omission the chief executive believes is the contravention; and\n- (b) ask the service provider to give the chief executive a written undertaking that the service provider will not continue or repeat the act or omission.","sortOrder":192},{"sectionNumber":"sec.150","sectionType":"section","heading":"Effect of undertaking","content":"### sec.150 Effect of undertaking\n\nThis section applies if—\nthe service provider gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the service provider stops the conduct; and\nthe chief executive accepts the undertaking.\nThe chief executive can not start an offence proceeding against the service provider for the contravention, unless the undertaking is withdrawn under section 151 .\nFor some possible effects of contravening an undertaking, see sections 54 (Amendment of accreditation by chief executive) and 57 (Cancellation of accreditation).\n(sec.150-ssec.1) This section applies if— the service provider gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the service provider stops the conduct; and the chief executive accepts the undertaking.\n(sec.150-ssec.2) The chief executive can not start an offence proceeding against the service provider for the contravention, unless the undertaking is withdrawn under section 151 . For some possible effects of contravening an undertaking, see sections 54 (Amendment of accreditation by chief executive) and 57 (Cancellation of accreditation).\n- (a) the service provider gives the undertaking and, if the contravention is conduct consisting of a series of acts or omissions, the service provider stops the conduct; and\n- (b) the chief executive accepts the undertaking.","sortOrder":193},{"sectionNumber":"sec.151","sectionType":"section","heading":"Variation and withdrawal of undertaking","content":"### sec.151 Variation and withdrawal of undertaking\n\nThis section applies if the chief executive accepts the undertaking.\nThe service provider may vary or withdraw the undertaking at any time, but only if the chief executive agrees to the variation or withdrawal.\nThe chief executive may vary or withdraw the undertaking at any time if the chief executive reasonably believes that—\nbefore it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and\nhad the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\nThe chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.\nIf the chief executive varies or withdraws the undertaking, or agrees to the variation or withdrawal of the undertaking, the chief executive must give the service provider a notice of the variation or withdrawal.\nThe variation or withdrawal takes effect when the service provider receives the notice.\n(sec.151-ssec.1) This section applies if the chief executive accepts the undertaking.\n(sec.151-ssec.2) The service provider may vary or withdraw the undertaking at any time, but only if the chief executive agrees to the variation or withdrawal.\n(sec.151-ssec.3) The chief executive may vary or withdraw the undertaking at any time if the chief executive reasonably believes that— before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.\n(sec.151-ssec.4) The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.\n(sec.151-ssec.5) If the chief executive varies or withdraws the undertaking, or agrees to the variation or withdrawal of the undertaking, the chief executive must give the service provider a notice of the variation or withdrawal.\n(sec.151-ssec.6) The variation or withdrawal takes effect when the service provider receives the notice.\n- (a) before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and\n- (b) had the chief executive known about the contravention, the chief executive would not have accepted the undertaking or would not have accepted it unless its terms were changed.","sortOrder":194},{"sectionNumber":"sec.152","sectionType":"section","heading":"Register of undertakings","content":"### sec.152 Register of undertakings\n\nThe chief executive must keep a register containing a copy of each undertaking given to the chief executive under this division.\nA person may inspect the register on payment of the fee prescribed under a regulation.\n(sec.152-ssec.1) The chief executive must keep a register containing a copy of each undertaking given to the chief executive under this division.\n(sec.152-ssec.2) A person may inspect the register on payment of the fee prescribed under a regulation.","sortOrder":195},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"Compliance notice","content":"## Compliance notice","sortOrder":196},{"sectionNumber":"sec.153","sectionType":"section","heading":"Compliance notice","content":"### sec.153 Compliance notice\n\nThis section applies if the chief executive reasonably believes the service provider for a residential service—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.\nThe chief executive may give the service provider a notice (a compliance notice ) requiring the service provider to remedy the contravention.\nThe compliance notice must state the following—\nthat the chief executive reasonably believes the service provider—\nis contravening a provision of this Act; or\nhas contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\nthe provision the chief executive believes is being, or has been, contravened (the relevant provision );\nbriefly, how it is believed the relevant provision is being, or has been, contravened;\nthat the service provider must remedy the contravention within a stated reasonable time;\nthat it is an offence to fail to comply with the compliance notice unless the service provider has a reasonable excuse.\nThe compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\nThe service provider must comply with the compliance notice unless the service provider has a reasonable excuse.\nMaximum penalty—the maximum penalty for contravening the relevant provision.\nThe service provider can not be prosecuted for an offence against the relevant provision unless the service provider fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance.\nThe compliance notice may state other matters the chief executive considers appropriate.\nThe compliance notice may refer to the chief executive’s powers under this Act to amend or cancel accreditation of the service.\n(sec.153-ssec.1) This section applies if the chief executive reasonably believes the service provider for a residential service— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.\n(sec.153-ssec.2) The chief executive may give the service provider a notice (a compliance notice ) requiring the service provider to remedy the contravention.\n(sec.153-ssec.3) The compliance notice must state the following— that the chief executive reasonably believes the service provider— is contravening a provision of this Act; or has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated; the provision the chief executive believes is being, or has been, contravened (the relevant provision ); briefly, how it is believed the relevant provision is being, or has been, contravened; that the service provider must remedy the contravention within a stated reasonable time; that it is an offence to fail to comply with the compliance notice unless the service provider has a reasonable excuse.\n(sec.153-ssec.4) The compliance notice may also state the steps that the chief executive reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the relevant provision.\n(sec.153-ssec.5) The service provider must comply with the compliance notice unless the service provider has a reasonable excuse. Maximum penalty—the maximum penalty for contravening the relevant provision.\n(sec.153-ssec.6) The service provider can not be prosecuted for an offence against the relevant provision unless the service provider fails to comply with the compliance notice and does not have a reasonable excuse for the noncompliance.\n(sec.153-ssec.7) The compliance notice may state other matters the chief executive considers appropriate. The compliance notice may refer to the chief executive’s powers under this Act to amend or cancel accreditation of the service.\n- (a) is contravening a provision of this Act; or\n- (b) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.\n- (a) that the chief executive reasonably believes the service provider— (i) is contravening a provision of this Act; or (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;\n- (b) the provision the chief executive believes is being, or has been, contravened (the relevant provision );\n- (c) briefly, how it is believed the relevant provision is being, or has been, contravened;\n- (d) that the service provider must remedy the contravention within a stated reasonable time;\n- (e) that it is an offence to fail to comply with the compliance notice unless the service provider has a reasonable excuse.\n- (i) is contravening a provision of this Act; or\n- (ii) has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated;","sortOrder":197},{"sectionNumber":"pt.10","sectionType":"part","heading":"Reviews","content":"# Reviews","sortOrder":198},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"Reviewable decisions","content":"## Reviewable decisions","sortOrder":199},{"sectionNumber":"sec.154","sectionType":"section","heading":"Reviewable decisions for this Act","content":"### sec.154 Reviewable decisions for this Act\n\nSchedule 1 states—\nthe decisions of the chief executive under this Act that are reviewable decisions for this Act; and\nfor each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person ).\ns 154 amd 2009 No. 24 s 742\n- (a) the decisions of the chief executive under this Act that are reviewable decisions for this Act; and\n- (b) for each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person ).","sortOrder":200},{"sectionNumber":"sec.155","sectionType":"section","heading":"Chief executive must give notice after making reviewable decision","content":"### sec.155 Chief executive must give notice after making reviewable decision\n\nImmediately after making a reviewable decision, the chief executive must give to the interested person a notice stating—\nthe reasons for the decision; and\nthat, within 28 days after receiving the notice, the interested person may apply to the chief executive for internal review of the decision; and\nhow the interested person may apply for internal review; and\nthat, if the interested person applies for internal review of the decision and the matter is not resolved on the internal review, the interested person may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\nThe chief executive may give a notice for the purpose of complying with subsection (1) and for another purpose.\nIf the chief executive decides an application for the level 2 accreditation of a residential service by refusing to accredit the service at that level, the chief executive may give the applicant a notice stating—\nthe matters required to be stated under subsection (1) about the decision; and\nfor section 47 (6) (b) , the day by which the applicant must stop providing the food service.\nSubsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries.\ns 155 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 743\n(sec.155-ssec.1) Immediately after making a reviewable decision, the chief executive must give to the interested person a notice stating— the reasons for the decision; and that, within 28 days after receiving the notice, the interested person may apply to the chief executive for internal review of the decision; and how the interested person may apply for internal review; and that, if the interested person applies for internal review of the decision and the matter is not resolved on the internal review, the interested person may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n(sec.155-ssec.2) The chief executive may give a notice for the purpose of complying with subsection (1) and for another purpose. If the chief executive decides an application for the level 2 accreditation of a residential service by refusing to accredit the service at that level, the chief executive may give the applicant a notice stating— the matters required to be stated under subsection (1) about the decision; and for section 47 (6) (b) , the day by which the applicant must stop providing the food service.\n(sec.155-ssec.3) Subsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries.\n- (a) the reasons for the decision; and\n- (b) that, within 28 days after receiving the notice, the interested person may apply to the chief executive for internal review of the decision; and\n- (c) how the interested person may apply for internal review; and\n- (d) that, if the interested person applies for internal review of the decision and the matter is not resolved on the internal review, the interested person may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\n- (a) the matters required to be stated under subsection (1) about the decision; and\n- (b) for section 47 (6) (b) , the day by which the applicant must stop providing the food service.","sortOrder":201},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Internal review of decisions","content":"## Internal review of decisions","sortOrder":202},{"sectionNumber":"sec.156","sectionType":"section","heading":"Application for internal review","content":"### sec.156 Application for internal review\n\nThis section applies to the interested person for a reviewable decision.\nWithin 28 days after the interested person receives a notice under section 155 about the decision, the interested person may apply to the chief executive to review the decision.\nThe chief executive may extend the time for applying for the review.\nAlso, the interested person may apply to the chief executive to review the decision if the chief executive has not given the interested person a notice under section 155 about the decision.\nThe application must be in the approved form and supported by enough information to enable the chief executive to decide the application.\ns 156 amd 2009 No. 24 s 745\n(sec.156-ssec.1) This section applies to the interested person for a reviewable decision.\n(sec.156-ssec.2) Within 28 days after the interested person receives a notice under section 155 about the decision, the interested person may apply to the chief executive to review the decision.\n(sec.156-ssec.3) The chief executive may extend the time for applying for the review.\n(sec.156-ssec.4) Also, the interested person may apply to the chief executive to review the decision if the chief executive has not given the interested person a notice under section 155 about the decision.\n(sec.156-ssec.5) The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.","sortOrder":203},{"sectionNumber":"sec.157","sectionType":"section","heading":"Stay of operation of original decision","content":"### sec.157 Stay of operation of original decision\n\nAn application under section 156 for review of a decision does not stay the decision.\nHowever, before the decision takes effect, the chief executive may give the interested person a notice staying the operation of the decision for a stated period.\nThe stay may be granted on conditions the chief executive considers appropriate.\nAlso, whether or not the applicant has asked the chief executive to stay the operation of the decision, the applicant may apply to QCAT for a stay of the decision.\nQCAT may stay the decision to secure the effectiveness of the review and any later review by QCAT.\nThe stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by QCAT.\nThe period of the stay must not extend past the time when the chief executive makes the review decision and any later period within which the applicant may apply to QCAT for a review of the review decision.\ns 157 prev s 157 om 2003 No. 30 s 169 sch 1\npres s 157 ins 2005 No. 14 s 2 sch\namd 2009 No. 24 s 746\n(sec.157-ssec.1) An application under section 156 for review of a decision does not stay the decision.\n(sec.157-ssec.2) However, before the decision takes effect, the chief executive may give the interested person a notice staying the operation of the decision for a stated period.\n(sec.157-ssec.3) The stay may be granted on conditions the chief executive considers appropriate.\n(sec.157-ssec.4) Also, whether or not the applicant has asked the chief executive to stay the operation of the decision, the applicant may apply to QCAT for a stay of the decision.\n(sec.157-ssec.5) QCAT may stay the decision to secure the effectiveness of the review and any later review by QCAT.\n(sec.157-ssec.6) The stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by QCAT.\n(sec.157-ssec.7) The period of the stay must not extend past the time when the chief executive makes the review decision and any later period within which the applicant may apply to QCAT for a review of the review decision.","sortOrder":204},{"sectionNumber":"sec.158","sectionType":"section","heading":"Review decision","content":"### sec.158 Review decision\n\nThis section applies to an application under section 156 for review of a decision by the chief executive.\nUnless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—\nthe person who made the original decision; or\na person in a less senior office than the person who made the original decision.\nWithin 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )—\nconfirming the original decision; or\namending the original decision; or\nsubstituting another decision for the original decision.\nImmediately after deciding the application, the chief executive must give the interested person a QCAT information notice for the review decision.\nIf the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a review decision confirming the original decision.\ns 158 amd 2003 No. 30 s 169 sch 1 ; 2009 No. 24 s 747\n(sec.158-ssec.1) This section applies to an application under section 156 for review of a decision by the chief executive.\n(sec.158-ssec.2) Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by— the person who made the original decision; or a person in a less senior office than the person who made the original decision.\n(sec.158-ssec.3) Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision )— confirming the original decision; or amending the original decision; or substituting another decision for the original decision.\n(sec.158-ssec.4) Immediately after deciding the application, the chief executive must give the interested person a QCAT information notice for the review decision.\n(sec.158-ssec.5) If the chief executive does not decide the application within 28 days after receiving it, the chief executive is taken to have made a review decision confirming the original decision.\n- (a) the person who made the original decision; or\n- (b) a person in a less senior office than the person who made the original decision.\n- (a) confirming the original decision; or\n- (b) amending the original decision; or\n- (c) substituting another decision for the original decision.","sortOrder":205},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"External review of decisions","content":"## External review of decisions","sortOrder":206},{"sectionNumber":"sec.159","sectionType":"section","heading":"External review of review decision","content":"### sec.159 External review of review decision\n\nAn interested person for a review decision may apply, as provided under the QCAT Act , to QCAT for a review of the decision.\ns 159 amd 2003 No. 30 s 169 sch 1\nsub 2009 No. 24 s 748","sortOrder":207},{"sectionNumber":"sec.160","sectionType":"section","heading":null,"content":"### Section sec.160\n\ns 160 amd 2003 No. 30 s 169 sch 1\nom 2009 No. 24 s 748","sortOrder":208},{"sectionNumber":"sec.161","sectionType":"section","heading":null,"content":"### Section sec.161\n\ns 161 amd 2003 No. 30 s 169 sch 1\nom 2003 No. 30 s 169 sch 1","sortOrder":209},{"sectionNumber":"sec.162","sectionType":"section","heading":null,"content":"### Section sec.162\n\ns 162 amd 2003 No. 30 s 169 sch 1\nom 2003 No. 30 s 169 sch 1","sortOrder":210},{"sectionNumber":"sec.163","sectionType":"section","heading":null,"content":"### Section sec.163\n\ns 163 amd 2003 No. 30 s 169 sch 1\nom 2003 No. 30 s 169 sch 1","sortOrder":211},{"sectionNumber":"pt.11","sectionType":"part","heading":"Proceedings","content":"# Proceedings","sortOrder":212},{"sectionNumber":"pt.11-div.1","sectionType":"division","heading":"Evidence","content":"## Evidence","sortOrder":213},{"sectionNumber":"sec.164","sectionType":"section","heading":"Application of div 1","content":"### sec.164 Application of div 1\n\nThis division applies to a proceeding under this Act.","sortOrder":214},{"sectionNumber":"sec.165","sectionType":"section","heading":"Appointments and authority","content":"### sec.165 Appointments and authority\n\nIt is not necessary to prove the appointment of the chief executive, or an associated accreditation officer, or the authority of the chief executive to do anything under this Act, unless a party, by reasonable notice, requires proof of the appointment or authority.\ns 165 amd 2014 No. 8 s 142","sortOrder":215},{"sectionNumber":"sec.166","sectionType":"section","heading":"Signatures","content":"### sec.166 Signatures\n\nA signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.\ns 166 amd 2014 No. 8 s 143","sortOrder":216},{"sectionNumber":"sec.167","sectionType":"section","heading":"Other evidentiary aids","content":"### sec.167 Other evidentiary aids\n\nA certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—\na stated document is one of the following things made, given, issued or kept under this Act—\nan appointment, approval or decision;\na notice, direction or requirement;\na registration certificate;\nan accreditation certificate;\na record or an extract from a record;\nthe register of residential services or an extract from the register;\na stated document is a copy of a document mentioned in paragraph (a) ;\non a stated day, or during a stated period—\na residential service was or was not registered; or\na stated person was or was not registered as the service provider for a registered service; or\npremises were or were not the registered premises, or part of the registered premises, for a registered service; or\nthe registration of a continuing service under part 13 was or was not subject to a stated condition; or\na residential service was or was not accredited at a stated level; or\nthe accreditation of a residential service at a stated level was or was not subject to a stated condition;\non a stated day, the registration of a residential service was cancelled;\non a stated day, the accreditation of a residential service at a stated level was cancelled;\non a stated day, or during a stated period, an appointment as an administrator to a residential service or as an associated accreditation officer was, or was not, in force for a stated person;\non a stated day, a stated person was given a stated notice or direction under this Act;\non a stated day, a stated requirement was made of a stated person.\ns 167 amd 2014 No. 8 s 144\n- (a) a stated document is one of the following things made, given, issued or kept under this Act— (i) an appointment, approval or decision; (ii) a notice, direction or requirement; (iii) a registration certificate; (iv) an accreditation certificate; (v) a record or an extract from a record; (vi) the register of residential services or an extract from the register;\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a registration certificate;\n- (iv) an accreditation certificate;\n- (v) a record or an extract from a record;\n- (vi) the register of residential services or an extract from the register;\n- (b) a stated document is a copy of a document mentioned in paragraph (a) ;\n- (c) on a stated day, or during a stated period— (i) a residential service was or was not registered; or (ii) a stated person was or was not registered as the service provider for a registered service; or (iii) premises were or were not the registered premises, or part of the registered premises, for a registered service; or (iv) the registration of a continuing service under part 13 was or was not subject to a stated condition; or (v) a residential service was or was not accredited at a stated level; or (vi) the accreditation of a residential service at a stated level was or was not subject to a stated condition;\n- (i) a residential service was or was not registered; or\n- (ii) a stated person was or was not registered as the service provider for a registered service; or\n- (iii) premises were or were not the registered premises, or part of the registered premises, for a registered service; or\n- (iv) the registration of a continuing service under part 13 was or was not subject to a stated condition; or\n- (v) a residential service was or was not accredited at a stated level; or\n- (vi) the accreditation of a residential service at a stated level was or was not subject to a stated condition;\n- (d) on a stated day, the registration of a residential service was cancelled;\n- (e) on a stated day, the accreditation of a residential service at a stated level was cancelled;\n- (f) on a stated day, or during a stated period, an appointment as an administrator to a residential service or as an associated accreditation officer was, or was not, in force for a stated person;\n- (g) on a stated day, a stated person was given a stated notice or direction under this Act;\n- (h) on a stated day, a stated requirement was made of a stated person.\n- (i) an appointment, approval or decision;\n- (ii) a notice, direction or requirement;\n- (iii) a registration certificate;\n- (iv) an accreditation certificate;\n- (v) a record or an extract from a record;\n- (vi) the register of residential services or an extract from the register;\n- (i) a residential service was or was not registered; or\n- (ii) a stated person was or was not registered as the service provider for a registered service; or\n- (iii) premises were or were not the registered premises, or part of the registered premises, for a registered service; or\n- (iv) the registration of a continuing service under part 13 was or was not subject to a stated condition; or\n- (v) a residential service was or was not accredited at a stated level; or\n- (vi) the accreditation of a residential service at a stated level was or was not subject to a stated condition;","sortOrder":217},{"sectionNumber":"pt.11-div.2","sectionType":"division","heading":"Offence proceedings","content":"## Offence proceedings","sortOrder":218},{"sectionNumber":"sec.168","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.168 Summary proceedings for offences\n\nA proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\nThe proceeding must start—\nwithin 1 year after the offence is committed; or\nwithin 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n(sec.168-ssec.1) A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 .\n(sec.168-ssec.2) The proceeding must start— within 1 year after the offence is committed; or within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\n- (a) within 1 year after the offence is committed; or\n- (b) within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":219},{"sectionNumber":"sec.169","sectionType":"section","heading":"Statement of complainant’s knowledge","content":"### sec.169 Statement of complainant’s knowledge\n\nIn a complaint starting a proceeding for an offence against this Act, a statement that the matter of the complaint came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.","sortOrder":220},{"sectionNumber":"sec.170","sectionType":"section","heading":"False or misleading information or statements","content":"### sec.170 False or misleading information or statements\n\nIn a proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading statement, it is enough for a charge to state that the information or statement was, without specifying which, ‘false or misleading’.","sortOrder":221},{"sectionNumber":"sec.171","sectionType":"section","heading":"Responsibility for acts or omissions of representatives","content":"### sec.171 Responsibility for acts or omissions of representatives\n\nThis section applies in a proceeding for an offence against this Act.\nIf it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—\nthe act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\nthe representative had the state of mind.\nAn act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\nIn this section—\nrepresentative means—\nfor a corporation—an executive officer, employee or agent of the corporation; or\nfor an individual—an employee or agent of the individual.\nstate of mind , of a person, includes—\nthe person’s knowledge, intention, opinion, belief or purpose; and\nthe person’s reasons for the intention, opinion, belief or purpose.\n(sec.171-ssec.1) This section applies in a proceeding for an offence against this Act.\n(sec.171-ssec.2) If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show— the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and the representative had the state of mind.\n(sec.171-ssec.3) An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.\n(sec.171-ssec.4) In this section— representative means— for a corporation—an executive officer, employee or agent of the corporation; or for an individual—an employee or agent of the individual. state of mind , of a person, includes— the person’s knowledge, intention, opinion, belief or purpose; and the person’s reasons for the intention, opinion, belief or purpose.\n- (a) the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and\n- (b) the representative had the state of mind.\n- (a) for a corporation—an executive officer, employee or agent of the corporation; or\n- (b) for an individual—an employee or agent of the individual.\n- (a) the person’s knowledge, intention, opinion, belief or purpose; and\n- (b) the person’s reasons for the intention, opinion, belief or purpose.","sortOrder":222},{"sectionNumber":"sec.172","sectionType":"section","heading":"Liability of executive officer—particular offences committed by corporation","content":"### sec.172 Liability of executive officer—particular offences committed by corporation\n\nAn executive officer of a corporation commits an offence if—\nthe corporation commits an offence against an executive liability provision; and\nthe officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\nMaximum penalty—the penalty for a contravention of the executive liability provision by an individual.\nIn deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to—\nwhether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\nwhether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\nany other relevant matter.\nThe executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\nThis section does not affect—\nthe liability of the corporation for the offence against the executive liability provision; or\nthe liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\nIn this section—\nexecutive liability provision means any of the following provisions—\nsection 75\nsection 76 (2)\nsection 76 (4) .\ns 172 sub 2013 No. 51 s 184\n(sec.172-ssec.1) An executive officer of a corporation commits an offence if— the corporation commits an offence against an executive liability provision; and the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence. Maximum penalty—the penalty for a contravention of the executive liability provision by an individual.\n(sec.172-ssec.2) In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1) (b) , a court must have regard to— whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and any other relevant matter.\n(sec.172-ssec.3) The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against the executive liability provision.\n(sec.172-ssec.4) This section does not affect— the liability of the corporation for the offence against the executive liability provision; or the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n(sec.172-ssec.5) In this section— executive liability provision means any of the following provisions— section 75 section 76 (2) section 76 (4) .\n- (a) the corporation commits an offence against an executive liability provision; and\n- (b) the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.\n- (a) whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against the executive liability provision; and\n- (b) whether the officer was in a position to influence the corporation’s conduct in relation to the offence against the executive liability provision; and\n- (c) any other relevant matter.\n- (a) the liability of the corporation for the offence against the executive liability provision; or\n- (b) the liability, under the Criminal Code , chapter 2 , of any person, whether or not the person is an executive officer of the corporation, for the offence against the executive liability provision.\n- • section 75\n- • section 76 (2)\n- • section 76 (4) .","sortOrder":223},{"sectionNumber":"pt.12","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":224},{"sectionNumber":"pt.12-div.1","sectionType":"division","heading":"Reprisals","content":"## Reprisals","sortOrder":225},{"sectionNumber":"sec.173","sectionType":"section","heading":"Reprisal and grounds for reprisals","content":"### sec.173 Reprisal and grounds for reprisals\n\nA person must not cause, or attempt or conspire to cause, detriment to another person in retaliation because, or in the belief that—\nanybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or\nanybody has given, or may give, information to the chief executive about the conduct of a residential service; or\nanybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or\nanybody has given, or may give, evidence to a court in proceedings for an offence against this Act.\nAn attempt to cause detriment includes an attempt to induce a person to cause detriment.\nA contravention of subsection (1) is a reprisal or the taking of a reprisal.\nA ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\nFor the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n(sec.173-ssec.1) A person must not cause, or attempt or conspire to cause, detriment to another person in retaliation because, or in the belief that— anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or anybody has given, or may give, information to the chief executive about the conduct of a residential service; or anybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.\n(sec.173-ssec.2) An attempt to cause detriment includes an attempt to induce a person to cause detriment.\n(sec.173-ssec.3) A contravention of subsection (1) is a reprisal or the taking of a reprisal.\n(sec.173-ssec.4) A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.\n(sec.173-ssec.5) For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.\n- (a) anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or\n- (b) anybody has given, or may give, information to the chief executive about the conduct of a residential service; or\n- (c) anybody has provided information about an alleged offence against this Act to a person for the purpose of having the alleged offence investigated or prosecuted; or\n- (d) anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.","sortOrder":226},{"sectionNumber":"sec.174","sectionType":"section","heading":"Offence for taking reprisal","content":"### sec.174 Offence for taking reprisal\n\nA person who takes a reprisal commits an offence.\nMaximum penalty—100 penalty units.","sortOrder":227},{"sectionNumber":"sec.175","sectionType":"section","heading":"Damages entitlement for reprisal","content":"### sec.175 Damages entitlement for reprisal\n\nA reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\nAny appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\nIf the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.\n(sec.175-ssec.1) A reprisal is a tort and a person who takes a reprisal is liable in damages to any person who suffers detriment as a result.\n(sec.175-ssec.2) Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.\n(sec.175-ssec.3) If the claim for damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.","sortOrder":228},{"sectionNumber":"pt.12-div.2","sectionType":"division","heading":"Reporting matters of concern to other entities","content":"## Reporting matters of concern to other entities","sortOrder":229},{"sectionNumber":"sec.176","sectionType":"section","heading":"Reporting a matter relating to the accommodation Act","content":"### sec.176 Reporting a matter relating to the accommodation Act\n\nThis section applies if, in the course of carrying out a function or exercising a power under this Act, a public service officer becomes aware of a matter that the officer reasonably believes is a contravention of the accommodation Act .\nThe officer must report the matter to the chief executive officer unless—\nthe officer knows, or reasonably supposes, that the chief executive officer is aware of the matter; or\nthe officer reasonably believes the contravention is trivial.\n(sec.176-ssec.1) This section applies if, in the course of carrying out a function or exercising a power under this Act, a public service officer becomes aware of a matter that the officer reasonably believes is a contravention of the accommodation Act .\n(sec.176-ssec.2) The officer must report the matter to the chief executive officer unless— the officer knows, or reasonably supposes, that the chief executive officer is aware of the matter; or the officer reasonably believes the contravention is trivial.\n- (a) the officer knows, or reasonably supposes, that the chief executive officer is aware of the matter; or\n- (b) the officer reasonably believes the contravention is trivial.","sortOrder":230},{"sectionNumber":"sec.177","sectionType":"section","heading":"Matters arising under other Acts","content":"### sec.177 Matters arising under other Acts\n\nThis section applies if, in the course of carrying out a function or exercising a power under a prescribed Act, a public service officer becomes aware of a matter that the officer reasonably believes—\nis a contravention of this Act; or\nconcerns the conduct of a residential service and is adversely affecting the health, safety or wellbeing of a resident in the service.\nThe officer must report the matter to the chief executive, unless the officer knows, or reasonably supposes, that the chief executive is aware of the matter.\nIn this section—\nprescribed Act means—\nthe Health Ombudsman Act 2013 ; or\nthe Powers of Attorney Act 1998 ; or\nthe Public Guardian Act 2014 ; or\nthe Public Trustee Act 1978 ; or\nthe Queensland Civil and Administrative Tribunal Act 2009 .\ns 177 amd 2006 No. 25 s 241 (1) sch 3 ; 2009 No. 24 s 749 ; 2013 No. 36 s 331 sch 1 ; 2014 No. 26 s 280\n(sec.177-ssec.1) This section applies if, in the course of carrying out a function or exercising a power under a prescribed Act, a public service officer becomes aware of a matter that the officer reasonably believes— is a contravention of this Act; or concerns the conduct of a residential service and is adversely affecting the health, safety or wellbeing of a resident in the service.\n(sec.177-ssec.2) The officer must report the matter to the chief executive, unless the officer knows, or reasonably supposes, that the chief executive is aware of the matter.\n(sec.177-ssec.3) In this section— prescribed Act means— the Health Ombudsman Act 2013 ; or the Powers of Attorney Act 1998 ; or the Public Guardian Act 2014 ; or the Public Trustee Act 1978 ; or the Queensland Civil and Administrative Tribunal Act 2009 .\n- (a) is a contravention of this Act; or\n- (b) concerns the conduct of a residential service and is adversely affecting the health, safety or wellbeing of a resident in the service.\n- (a) the Health Ombudsman Act 2013 ; or\n- (b) the Powers of Attorney Act 1998 ; or\n- (c) the Public Guardian Act 2014 ; or\n- (d) the Public Trustee Act 1978 ; or\n- (e) the Queensland Civil and Administrative Tribunal Act 2009 .","sortOrder":231},{"sectionNumber":"sec.178","sectionType":"section","heading":"Corresponding laws","content":"### sec.178 Corresponding laws\n\nThis section applies if, in the course of carrying out a function or exercising a power under this Act, the chief executive gains information that the chief executive reasonably believes is relevant to the administration of a law of another State about the conduct of residential services.\nThe chief executive may give the information to the chief executive of the department in which that law is administered.\n(sec.178-ssec.1) This section applies if, in the course of carrying out a function or exercising a power under this Act, the chief executive gains information that the chief executive reasonably believes is relevant to the administration of a law of another State about the conduct of residential services.\n(sec.178-ssec.2) The chief executive may give the information to the chief executive of the department in which that law is administered.","sortOrder":232},{"sectionNumber":"pt.12-div.3","sectionType":"division","heading":"Other matters","content":"## Other matters","sortOrder":233},{"sectionNumber":"sec.179","sectionType":"section","heading":"Register of residential services","content":"### sec.179 Register of residential services\n\nThe chief executive must keep a register of residential services.\nThe register must show—\nfor each registered service—\nthe particulars shown on the registration certificate; and\nthe telephone number or email address of the service provider for the service; and\nthe particulars shown on any accreditation certificate; and\nfor any application for accreditation of the service that has been made but not decided—\nthe date of the application; and\nthe level of accreditation applied for; and\nfor each residential service that is no longer registered—\nthe day the service stopped being registered; and\nthe particulars shown on the registration certificate in force immediately before the cessation; and\nthe particulars shown on any accreditation certificate in force immediately before the cessation.\nHowever, information ( sensitive information ) about a service, mentioned in subsection (2) , must not be shown on the register if the chief executive decides that the sensitive information should not be shown because—\nthe service is conducted to provide accommodation to persons who are, or are at risk of becoming, homeless because of domestic violence directed at the person; or\nit is in the interests of the wellbeing and safety of residents in the service not to do so.\nThe chief executive may include other relevant information, that is not sensitive information, on the register in place of sensitive information.\nThe chief executive may include the business address of the service provider on the register in place of the address of the registered premises.\nThe register may be kept in any way the chief executive considers appropriate.\nOn payment of the fee prescribed under a regulation, a person may—\ninspect the register; or\nobtain a certificate from the chief executive stating information shown in the register.\ns 179 amd 2017 No. 42 s 76\n(sec.179-ssec.1) The chief executive must keep a register of residential services.\n(sec.179-ssec.2) The register must show— for each registered service— the particulars shown on the registration certificate; and the telephone number or email address of the service provider for the service; and the particulars shown on any accreditation certificate; and for any application for accreditation of the service that has been made but not decided— the date of the application; and the level of accreditation applied for; and for each residential service that is no longer registered— the day the service stopped being registered; and the particulars shown on the registration certificate in force immediately before the cessation; and the particulars shown on any accreditation certificate in force immediately before the cessation.\n(sec.179-ssec.3) However, information ( sensitive information ) about a service, mentioned in subsection (2) , must not be shown on the register if the chief executive decides that the sensitive information should not be shown because— the service is conducted to provide accommodation to persons who are, or are at risk of becoming, homeless because of domestic violence directed at the person; or it is in the interests of the wellbeing and safety of residents in the service not to do so.\n(sec.179-ssec.4) The chief executive may include other relevant information, that is not sensitive information, on the register in place of sensitive information. The chief executive may include the business address of the service provider on the register in place of the address of the registered premises.\n(sec.179-ssec.5) The register may be kept in any way the chief executive considers appropriate.\n(sec.179-ssec.6) On payment of the fee prescribed under a regulation, a person may— inspect the register; or obtain a certificate from the chief executive stating information shown in the register.\n- (a) for each registered service— (i) the particulars shown on the registration certificate; and (ii) the telephone number or email address of the service provider for the service; and (iii) the particulars shown on any accreditation certificate; and (iv) for any application for accreditation of the service that has been made but not decided— (A) the date of the application; and (B) the level of accreditation applied for; and\n- (i) the particulars shown on the registration certificate; and\n- (ii) the telephone number or email address of the service provider for the service; and\n- (iii) the particulars shown on any accreditation certificate; and\n- (iv) for any application for accreditation of the service that has been made but not decided— (A) the date of the application; and (B) the level of accreditation applied for; and\n- (A) the date of the application; and\n- (B) the level of accreditation applied for; and\n- (b) for each residential service that is no longer registered— (i) the day the service stopped being registered; and (ii) the particulars shown on the registration certificate in force immediately before the cessation; and (iii) the particulars shown on any accreditation certificate in force immediately before the cessation.\n- (i) the day the service stopped being registered; and\n- (ii) the particulars shown on the registration certificate in force immediately before the cessation; and\n- (iii) the particulars shown on any accreditation certificate in force immediately before the cessation.\n- (i) the particulars shown on the registration certificate; and\n- (ii) the telephone number or email address of the service provider for the service; and\n- (iii) the particulars shown on any accreditation certificate; and\n- (iv) for any application for accreditation of the service that has been made but not decided— (A) the date of the application; and (B) the level of accreditation applied for; and\n- (A) the date of the application; and\n- (B) the level of accreditation applied for; and\n- (A) the date of the application; and\n- (B) the level of accreditation applied for; and\n- (i) the day the service stopped being registered; and\n- (ii) the particulars shown on the registration certificate in force immediately before the cessation; and\n- (iii) the particulars shown on any accreditation certificate in force immediately before the cessation.\n- (a) the service is conducted to provide accommodation to persons who are, or are at risk of becoming, homeless because of domestic violence directed at the person; or\n- (b) it is in the interests of the wellbeing and safety of residents in the service not to do so.\n- (a) inspect the register; or\n- (b) obtain a certificate from the chief executive stating information shown in the register.","sortOrder":234},{"sectionNumber":"sec.180","sectionType":"section","heading":"Confidentiality","content":"### sec.180 Confidentiality\n\nThis section applies to a person—\nwho is, or has been, the chief executive, a public service employee in the department, an administrator, or an associated accreditation officer; and\nwho, in the course of administering this Act or because of opportunity provided by involvement in administering this Act—\nacquired confidential information about someone else; or\ngained access to a document containing confidential information about someone else.\nThe person must not make a record of the information, disclose the information to anyone else or give access to the document containing the information to anyone else, other than—\nfor a purpose of this Act; or\nwith the consent of the person to whom the information relates; or\nin compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\nas expressly permitted or required by another Act.\nMaximum penalty—50 penalty units.\nIn this section—\nconfidential information means information about a person’s affairs, including the person’s criminal history, but does not include—\ninformation that is publicly available; or\nstatistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.\ns 180 amd 2014 No. 8 s 145\n(sec.180-ssec.1) This section applies to a person— who is, or has been, the chief executive, a public service employee in the department, an administrator, or an associated accreditation officer; and who, in the course of administering this Act or because of opportunity provided by involvement in administering this Act— acquired confidential information about someone else; or gained access to a document containing confidential information about someone else.\n(sec.180-ssec.2) The person must not make a record of the information, disclose the information to anyone else or give access to the document containing the information to anyone else, other than— for a purpose of this Act; or with the consent of the person to whom the information relates; or in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or as expressly permitted or required by another Act. Maximum penalty—50 penalty units.\n(sec.180-ssec.3) In this section— confidential information means information about a person’s affairs, including the person’s criminal history, but does not include— information that is publicly available; or statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.\n- (a) who is, or has been, the chief executive, a public service employee in the department, an administrator, or an associated accreditation officer; and\n- (b) who, in the course of administering this Act or because of opportunity provided by involvement in administering this Act— (i) acquired confidential information about someone else; or (ii) gained access to a document containing confidential information about someone else.\n- (i) acquired confidential information about someone else; or\n- (ii) gained access to a document containing confidential information about someone else.\n- (i) acquired confidential information about someone else; or\n- (ii) gained access to a document containing confidential information about someone else.\n- (a) for a purpose of this Act; or\n- (b) with the consent of the person to whom the information relates; or\n- (c) in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or\n- (d) as expressly permitted or required by another Act.\n- (a) information that is publicly available; or\n- (b) statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.","sortOrder":235},{"sectionNumber":"sec.180A","sectionType":"section","heading":"Chief executive may make guidelines","content":"### sec.180A Chief executive may make guidelines\n\nThe chief executive may make guidelines to inform persons about—\nthe attitude the chief executive is likely to adopt on a particular matter; or\nhow the chief executive administers this Act; or\nmatters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act.\nthe chief executive might make a guideline to assist service providers to meet accreditation criteria\nA guideline may be replaced or amended by a later guideline made under this section.\nThe chief executive must publish the guidelines on the department’s website.\nAlso, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.\ns 180A ins 2017 No. 42 s 77\n(sec.180A-ssec.1) The chief executive may make guidelines to inform persons about— the attitude the chief executive is likely to adopt on a particular matter; or how the chief executive administers this Act; or matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act. the chief executive might make a guideline to assist service providers to meet accreditation criteria\n(sec.180A-ssec.2) A guideline may be replaced or amended by a later guideline made under this section.\n(sec.180A-ssec.3) The chief executive must publish the guidelines on the department’s website.\n(sec.180A-ssec.4) Also, the chief executive must, if asked by a person, give the person a copy of a guideline, or an extract from a guideline, free of charge.\n- (a) the attitude the chief executive is likely to adopt on a particular matter; or\n- (b) how the chief executive administers this Act; or\n- (c) matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act.","sortOrder":236},{"sectionNumber":"sec.181","sectionType":"section","heading":"Delegation by chief executive","content":"### sec.181 Delegation by chief executive\n\nThe chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.\nA delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.\nIn this section—\nappropriately qualified includes having qualifications, experience or standing appropriate to exercise the power.\na person’s classification level in the public service\n(sec.181-ssec.1) The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.\n(sec.181-ssec.2) A delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.\n(sec.181-ssec.3) In this section— appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power. a person’s classification level in the public service","sortOrder":237},{"sectionNumber":"sec.182","sectionType":"section","heading":"Protection from liability","content":"### sec.182 Protection from liability\n\nAn official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\nIn this section—\nofficial means—\nthe chief executive; or\nan administrator; or\nan associated accreditation officer; or\na person acting under the direction of the chief executive.\ns 182 amd 2014 No. 8 s 146\n(sec.182-ssec.1) An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.182-ssec.2) If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.\n(sec.182-ssec.3) In this section— official means— the chief executive; or an administrator; or an associated accreditation officer; or a person acting under the direction of the chief executive.\n- (a) the chief executive; or\n- (b) an administrator; or\n- (c) an associated accreditation officer; or\n- (d) a person acting under the direction of the chief executive.","sortOrder":238},{"sectionNumber":"sec.183","sectionType":"section","heading":"Approved forms","content":"### sec.183 Approved forms\n\nThe chief executive may approve forms for use under this Act.","sortOrder":239},{"sectionNumber":"sec.184","sectionType":"section","heading":"Regulation-making power","content":"### sec.184 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may do any of the following—\nimpose a fee;\nprescribe requirements, relating to premises in which a residential service is being, or is proposed to be, conducted, for ensuring all the occupants of the premises may be safely evacuated in the event of a fire;\nprescribe other requirements relating to a residential service for protecting the health, safety or other interests of residents;\nimpose a penalty of not more than 20 penalty units for a contravention of a regulation.\n(sec.184-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.184-ssec.2) A regulation may do any of the following— impose a fee; prescribe requirements, relating to premises in which a residential service is being, or is proposed to be, conducted, for ensuring all the occupants of the premises may be safely evacuated in the event of a fire; prescribe other requirements relating to a residential service for protecting the health, safety or other interests of residents; impose a penalty of not more than 20 penalty units for a contravention of a regulation.\n- (a) impose a fee;\n- (b) prescribe requirements, relating to premises in which a residential service is being, or is proposed to be, conducted, for ensuring all the occupants of the premises may be safely evacuated in the event of a fire;\n- (c) prescribe other requirements relating to a residential service for protecting the health, safety or other interests of residents;\n- (d) impose a penalty of not more than 20 penalty units for a contravention of a regulation.","sortOrder":240},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provisions for Residential Services (Accreditation) Act 2002","content":"# Transitional provisions for Residential Services (Accreditation) Act 2002","sortOrder":241},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":242},{"sectionNumber":"sec.185","sectionType":"section","heading":"Definitions for pt 13","content":"### sec.185 Definitions for pt 13\n\nIn this part—\napply for accreditation , of a continuing service, means apply under part 3 for accreditation of the service.\napply for registration , of a continuing service, means apply under part 2 for registration of the service.\ncommencement day means the day this part commences.\ncontinuing service means a residential service that was being conducted immediately before the commencement day.\ndue day —\nfor applying for registration of a continuing service, see section 186 ; or\nfor applying for accreditation of a continuing service, see division 3 .\n- (a) for applying for registration of a continuing service, see section 186 ; or\n- (b) for applying for accreditation of a continuing service, see division 3 .","sortOrder":243},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Registration of continuing services","content":"## Registration of continuing services","sortOrder":244},{"sectionNumber":"sec.186","sectionType":"section","heading":"Due day for applying for registration","content":"### sec.186 Due day for applying for registration\n\nThe due day for applying for registration of a continuing service is—\nif, in the course of the continuing service, a personal care service was being provided immediately before the commencement day and a personal care service is being provided 1 year after the commencement day—the day that is 1 year after the commencement day; or\notherwise—the day that is 2 years after the commencement day.\n- (a) if, in the course of the continuing service, a personal care service was being provided immediately before the commencement day and a personal care service is being provided 1 year after the commencement day—the day that is 1 year after the commencement day; or\n- (b) otherwise—the day that is 2 years after the commencement day.","sortOrder":245},{"sectionNumber":"sec.187","sectionType":"section","heading":"Requirement for continuing service to be registered","content":"### sec.187 Requirement for continuing service to be registered\n\nSection 9 does not apply to a continuing service before the day following the due day.\nIf an application to register the service is current on the due day, section 9 does not apply to the service until—\nif the application is withdrawn or lapses after the due day—the day the application is withdrawn or lapses; or\nif the chief executive decides the application by registering the service—the day the service is registered; or\nif the chief executive decides the application by refusing to register the service—the day, stated in the notice given under section 191, by which the service provider must stop conducting the service.\n(sec.187-ssec.1) Section 9 does not apply to a continuing service before the day following the due day.\n(sec.187-ssec.2) If an application to register the service is current on the due day, section 9 does not apply to the service until— if the application is withdrawn or lapses after the due day—the day the application is withdrawn or lapses; or if the chief executive decides the application by registering the service—the day the service is registered; or if the chief executive decides the application by refusing to register the service—the day, stated in the notice given under section 191, by which the service provider must stop conducting the service.\n- (a) if the application is withdrawn or lapses after the due day—the day the application is withdrawn or lapses; or\n- (b) if the chief executive decides the application by registering the service—the day the service is registered; or\n- (c) if the chief executive decides the application by refusing to register the service—the day, stated in the notice given under section 191, by which the service provider must stop conducting the service.","sortOrder":246},{"sectionNumber":"sec.188","sectionType":"section","heading":"Lapsing of application","content":"### sec.188 Lapsing of application\n\nThis section applies if an application to register a continuing service is made on or before the due day.\nThe chief executive may make a requirement under section 10(3), for information to decide the application, by giving the applicant a notice stating—\nthe required information; and\nthe time by which the information must be given to the chief executive; and\nthat, if the information is not given to the chief executive by the stated time, the application will lapse.\nThe time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\nThe chief executive may give the applicant a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\nIf the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n(sec.188-ssec.1) This section applies if an application to register a continuing service is made on or before the due day.\n(sec.188-ssec.2) The chief executive may make a requirement under section 10(3), for information to decide the application, by giving the applicant a notice stating— the required information; and the time by which the information must be given to the chief executive; and that, if the information is not given to the chief executive by the stated time, the application will lapse.\n(sec.188-ssec.3) The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.\n(sec.188-ssec.4) The chief executive may give the applicant a further notice extending the stated time if the chief executive is satisfied it would be reasonable in all the circumstances to give the extension.\n(sec.188-ssec.5) If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.\n- (a) the required information; and\n- (b) the time by which the information must be given to the chief executive; and\n- (c) that, if the information is not given to the chief executive by the stated time, the application will lapse.","sortOrder":247},{"sectionNumber":"sec.189","sectionType":"section","heading":"Compliance with building and fire safety requirements","content":"### sec.189 Compliance with building and fire safety requirements\n\nThis section applies to an application to register a continuing service made on or before the due day.\nThe applicant need not comply with section 10(2)(d)(i).\nHowever, if the application is not accompanied by a building compliance notice for the premises issued within the previous 12 months—\nthe application must be accompanied by a notice from the local government for the local government area in which the premises are situated, issued within the previous 12 months, stating the extent to which the premises comply with the prescribed building requirements; and\nthe chief executive must not register the service unless the chief executive is satisfied the premises are safe and substantially comply with the prescribed building requirements.\n(sec.189-ssec.1) This section applies to an application to register a continuing service made on or before the due day.\n(sec.189-ssec.2) The applicant need not comply with section 10(2)(d)(i).\n(sec.189-ssec.3) However, if the application is not accompanied by a building compliance notice for the premises issued within the previous 12 months— the application must be accompanied by a notice from the local government for the local government area in which the premises are situated, issued within the previous 12 months, stating the extent to which the premises comply with the prescribed building requirements; and the chief executive must not register the service unless the chief executive is satisfied the premises are safe and substantially comply with the prescribed building requirements.\n- (a) the application must be accompanied by a notice from the local government for the local government area in which the premises are situated, issued within the previous 12 months, stating the extent to which the premises comply with the prescribed building requirements; and\n- (b) the chief executive must not register the service unless the chief executive is satisfied the premises are safe and substantially comply with the prescribed building requirements.","sortOrder":248},{"sectionNumber":"sec.190","sectionType":"section","heading":"Registration on conditions","content":"### sec.190 Registration on conditions\n\nThis section applies if the chief executive is not satisfied the premises fully comply with the prescribed building requirements.\nThe chief executive may register the continuing service on conditions the chief executive considers appropriate to ensure the premises are improved to a level that fully complies with the prescribed building requirements within a reasonable time.\na condition that stated building work in the registered premises be completed by a stated date\nThe registration certificate for the service must state any conditions applying to the registration.\nWhile the service is registered under this section on 1 or more conditions, the chief executive may cancel the registration, impose a new condition, amend a condition or omit a condition under part 3, division 5 and, for that purpose, part 3, division 5 applies to the registration, with all necessary changes, as if—\na reference to accreditation were a reference to registration; and\na reference to the accreditation criteria were a reference to the prescribed building requirements.\nThe service provider for a continuing service must not contravene a condition on which the service is registered.\nMaximum penalty for subsection (5)—100 penalty units.\n(sec.190-ssec.1) This section applies if the chief executive is not satisfied the premises fully comply with the prescribed building requirements.\n(sec.190-ssec.2) The chief executive may register the continuing service on conditions the chief executive considers appropriate to ensure the premises are improved to a level that fully complies with the prescribed building requirements within a reasonable time. a condition that stated building work in the registered premises be completed by a stated date\n(sec.190-ssec.3) The registration certificate for the service must state any conditions applying to the registration.\n(sec.190-ssec.4) While the service is registered under this section on 1 or more conditions, the chief executive may cancel the registration, impose a new condition, amend a condition or omit a condition under part 3, division 5 and, for that purpose, part 3, division 5 applies to the registration, with all necessary changes, as if— a reference to accreditation were a reference to registration; and a reference to the accreditation criteria were a reference to the prescribed building requirements.\n(sec.190-ssec.5) The service provider for a continuing service must not contravene a condition on which the service is registered. Maximum penalty for subsection (5)—100 penalty units.\n- (a) a reference to accreditation were a reference to registration; and\n- (b) a reference to the accreditation criteria were a reference to the prescribed building requirements.","sortOrder":249},{"sectionNumber":"sec.191","sectionType":"section","heading":"Notice of refusal to register continuing service","content":"### sec.191 Notice of refusal to register continuing service\n\nThis section applies if an application to register a continuing service is made on or before the due day.\nIf the chief executive decides the application by refusing to register the service, the chief executive must give the applicant a notice of the decision stating the day, not earlier than 14 days after the notice is given, by which the service provider must stop conducting the service.\n(sec.191-ssec.1) This section applies if an application to register a continuing service is made on or before the due day.\n(sec.191-ssec.2) If the chief executive decides the application by refusing to register the service, the chief executive must give the applicant a notice of the decision stating the day, not earlier than 14 days after the notice is given, by which the service provider must stop conducting the service.","sortOrder":250},{"sectionNumber":"sec.192","sectionType":"section","heading":"Register","content":"### sec.192 Register\n\nThis section applies to each application for registration of a continuing service made within 2 years after the commencement day.\nThe chief executive must record on the register of residential services the following particulars of the application—\nthe applicant’s name;\nthe address of the premises to which the application relates;\nthe date of the application;\nonce the application is decided, the decision.\nThe particulars must remain on the register until the later of the following days—\nthe day that is 2 years after the commencement day;\nthe day that is 1 month after the application is decided.\n(sec.192-ssec.1) This section applies to each application for registration of a continuing service made within 2 years after the commencement day.\n(sec.192-ssec.2) The chief executive must record on the register of residential services the following particulars of the application— the applicant’s name; the address of the premises to which the application relates; the date of the application; once the application is decided, the decision.\n(sec.192-ssec.3) The particulars must remain on the register until the later of the following days— the day that is 2 years after the commencement day; the day that is 1 month after the application is decided.\n- (a) the applicant’s name;\n- (b) the address of the premises to which the application relates;\n- (c) the date of the application;\n- (d) once the application is decided, the decision.\n- (a) the day that is 2 years after the commencement day;\n- (b) the day that is 1 month after the application is decided.","sortOrder":251},{"sectionNumber":"pt.13-div.3","sectionType":"division","heading":"Accreditation of continuing services","content":"## Accreditation of continuing services","sortOrder":252},{"sectionNumber":"sec.193","sectionType":"section","heading":"Application of div 3","content":"### sec.193 Application of div 3\n\nThis division applies to the accreditation of a continuing service.","sortOrder":253},{"sectionNumber":"sec.194","sectionType":"section","heading":"Continuing service with no food service or personal care service","content":"### sec.194 Continuing service with no food service or personal care service\n\nThis section applies if, immediately before the commencement day, neither a food service nor a personal care service was being provided in the course of the continuing service.\nFor section 35, the due day for applying for the level 1 accreditation of the service is the day that is 4 years after the commencement day.\n(sec.194-ssec.1) This section applies if, immediately before the commencement day, neither a food service nor a personal care service was being provided in the course of the continuing service.\n(sec.194-ssec.2) For section 35, the due day for applying for the level 1 accreditation of the service is the day that is 4 years after the commencement day.","sortOrder":254},{"sectionNumber":"sec.195","sectionType":"section","heading":"Continuing service with food service only","content":"### sec.195 Continuing service with food service only\n\nThis section applies if, immediately before the commencement day, a food service but not a personal care service was being provided in the course of the continuing service.\nFor section 35, the due day for applying for the level 1 accreditation of the service is the day that is 3 years after the commencement day.\nFor section 36, the due day for applying for the level 2 accreditation of the service is the day that is 3 years after the commencement day.\n(sec.195-ssec.1) This section applies if, immediately before the commencement day, a food service but not a personal care service was being provided in the course of the continuing service.\n(sec.195-ssec.2) For section 35, the due day for applying for the level 1 accreditation of the service is the day that is 3 years after the commencement day.\n(sec.195-ssec.3) For section 36, the due day for applying for the level 2 accreditation of the service is the day that is 3 years after the commencement day.","sortOrder":255},{"sectionNumber":"sec.196","sectionType":"section","heading":"Continuing service with personal care service only","content":"### sec.196 Continuing service with personal care service only\n\nThis section applies if, immediately before the commencement day, a personal care service but not a food service was being provided in the course of the continuing service.\nFor section 35, the due day for applying for the level 1 accreditation of the service is the day that is 2 years after the commencement day.\nFor section 38, the due day for applying for the level 3 accreditation of the service is the day that is 2 years after the commencement day.\n(sec.196-ssec.1) This section applies if, immediately before the commencement day, a personal care service but not a food service was being provided in the course of the continuing service.\n(sec.196-ssec.2) For section 35, the due day for applying for the level 1 accreditation of the service is the day that is 2 years after the commencement day.\n(sec.196-ssec.3) For section 38, the due day for applying for the level 3 accreditation of the service is the day that is 2 years after the commencement day.","sortOrder":256},{"sectionNumber":"sec.197","sectionType":"section","heading":"Continuing service with food service and personal care service","content":"### sec.197 Continuing service with food service and personal care service\n\nThis section applies if, immediately before the commencement day, a food service and a personal care service were being provided in the course of the continuing service.\nFor section 35, the due day for applying for the level 1 accreditation of the service is the day that is 2 years after the commencement day.\nFor section 36, the due day for applying for the level 2 accreditation of the service is the day that is 2 years after the commencement day.\nFor section 38, the due day for applying for the level 3 accreditation of the service is the day that is 2 years after the commencement day.\n(sec.197-ssec.1) This section applies if, immediately before the commencement day, a food service and a personal care service were being provided in the course of the continuing service.\n(sec.197-ssec.2) For section 35, the due day for applying for the level 1 accreditation of the service is the day that is 2 years after the commencement day.\n(sec.197-ssec.3) For section 36, the due day for applying for the level 2 accreditation of the service is the day that is 2 years after the commencement day.\n(sec.197-ssec.4) For section 38, the due day for applying for the level 3 accreditation of the service is the day that is 2 years after the commencement day.","sortOrder":257},{"sectionNumber":"sec.198","sectionType":"section","heading":"Compliance with building and fire safety requirements","content":"### sec.198 Compliance with building and fire safety requirements\n\nAn application for the level 1 accreditation of a continuing service must be accompanied by—\na building compliance notice for the registered premises issued within the previous 12 months; and\nthe prescribed fire safety document for the registered premises.\n- (a) a building compliance notice for the registered premises issued within the previous 12 months; and\n- (b) the prescribed fire safety document for the registered premises.","sortOrder":258},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions for Gambling and Other Legislation Amendment Act 2009","content":"# Transitional provisions for Gambling and Other Legislation Amendment Act 2009","sortOrder":259},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":260},{"sectionNumber":"sec.199","sectionType":"section","heading":"Definitions for pt 14","content":"### sec.199 Definitions for pt 14\n\nIn this part—\napply for accreditation , of a part 14 continuing service, means apply under part 3 for accreditation of the service.\napply for registration , of a part 14 continuing service, means apply under part 2 for registration of the service.\ncommencement day means the day this section commences.\npart 14 continuing service means an aged rental scheme that was being conducted immediately before the commencement day.\ns 199 ins 2009 No. 41 s 104","sortOrder":261},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Registration of part 14 continuing services","content":"## Registration of part 14 continuing services","sortOrder":262},{"sectionNumber":"sec.200","sectionType":"section","heading":"Due day for applying for registration","content":"### sec.200 Due day for applying for registration\n\nThe due day for applying for registration of a part 14 continuing service is the day that is 6 months after the commencement day.\ns 200 ins 2009 No. 41 s 104","sortOrder":263},{"sectionNumber":"sec.201","sectionType":"section","heading":"Application of pt 13, div 2 provisions","content":"### sec.201 Application of pt 13, div 2 provisions\n\nSections 187 to 192 (the applied provisions ) apply to a part 14 continuing service as if, in the applied provisions—\na reference to a continuing service were a reference to a part 14 continuing service; and\na reference to the commencement day were a reference to the commencement day under this part; and\na reference to the due day were a reference to the due day under section 200; and\na reference in section 192 to 2 years after the commencement day were a reference to 6 months after the commencement day under this part.\ns 201 ins 2009 No. 41 s 104\n- (a) a reference to a continuing service were a reference to a part 14 continuing service; and\n- (b) a reference to the commencement day were a reference to the commencement day under this part; and\n- (c) a reference to the due day were a reference to the due day under section 200; and\n- (d) a reference in section 192 to 2 years after the commencement day were a reference to 6 months after the commencement day under this part.","sortOrder":264},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Accreditation of part 14 continuing services","content":"## Accreditation of part 14 continuing services","sortOrder":265},{"sectionNumber":"sec.202","sectionType":"section","heading":"Due day for applying for accreditation","content":"### sec.202 Due day for applying for accreditation\n\nFor section 35, 36 or 38, the due day for applying for level 1, level 2 or level 3 accreditation of a part 14 continuing service is the day that is 1 year after the commencement day.\ns 202 ins 2009 No. 41 s 104","sortOrder":266},{"sectionNumber":"sec.203","sectionType":"section","heading":"Compliance with building and fire safety requirements","content":"### sec.203 Compliance with building and fire safety requirements\n\nAn application for level 1 accreditation of a part 14 continuing service must be accompanied by—\na building compliance notice for the registered premises issued within the previous 12 months; and\nthe prescribed fire safety document for the registered premises.\ns 203 ins 2009 No. 41 s 104\n- (a) a building compliance notice for the registered premises issued within the previous 12 months; and\n- (b) the prescribed fire safety document for the registered premises.","sortOrder":267},{"sectionNumber":"pt.15","sectionType":"part","heading":"Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","content":"# Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016","sortOrder":268},{"sectionNumber":"sec.204","sectionType":"section","heading":"Appeals and particular rights to appeal to a building and development dispute resolution committee","content":"### sec.204 Appeals and particular rights to appeal to a building and development dispute resolution committee\n\nSubsections (2) to (4) apply if—\na person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and\nthe appeal had not been decided before the repealed Planning Act was repealed.\nIf, before the repealed Planning Act was repealed, a building and development dispute resolution committee had been established under the repealed Planning Act for the appeal proceeding—\nformer sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and\nthe committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act.\nSubsection (4) applies if a building and development dispute resolution committee had not been established under the repealed Planning Act for the appeal proceeding before the repealed Planning Act was repealed.\nSections 30 to 32 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under section 30 to a development tribunal under the Planning Act about the matter.\nSubsections (6) and (7) apply if—\nimmediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and\nthe person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right.\nThe person may, under section 30, appeal to a development tribunal under the Planning Act about the matter.\nSections 30 to 32 and the Planning Act apply in relation to the appeal.\nIn this section—\nformer , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 .\nrepealed Planning Act means the repealed Sustainable Planning Act 2009 .\ns 204 ins 2016 No. 27 s 439\n(sec.204-ssec.1) Subsections (2) to (4) apply if— a person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and the appeal had not been decided before the repealed Planning Act was repealed.\n(sec.204-ssec.2) If, before the repealed Planning Act was repealed, a building and development dispute resolution committee had been established under the repealed Planning Act for the appeal proceeding— former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act.\n(sec.204-ssec.3) Subsection (4) applies if a building and development dispute resolution committee had not been established under the repealed Planning Act for the appeal proceeding before the repealed Planning Act was repealed.\n(sec.204-ssec.4) Sections 30 to 32 and the Planning Act apply in relation to the appeal, as if the person had started an appeal under section 30 to a development tribunal under the Planning Act about the matter.\n(sec.204-ssec.5) Subsections (6) and (7) apply if— immediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and the person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right.\n(sec.204-ssec.6) The person may, under section 30, appeal to a development tribunal under the Planning Act about the matter.\n(sec.204-ssec.7) Sections 30 to 32 and the Planning Act apply in relation to the appeal.\n(sec.204-ssec.8) In this section— former , in relation to a provision, means the provision as in force immediately before the provision was amended or repealed under the Planning (Consequential) and Other Legislation Amendment Act 2016 . repealed Planning Act means the repealed Sustainable Planning Act 2009 .\n- (a) a person started an appeal under former section 30 about a matter to a building and development dispute resolution committee under the repealed Planning Act; and\n- (b) the appeal had not been decided before the repealed Planning Act was repealed.\n- (a) former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and\n- (b) the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act.\n- (a) immediately before the commencement, a person had a right to appeal under former section 30 to a building and development dispute resolution committee about a matter; and\n- (b) the person had not, before the commencement, started an appeal under former section 30 to a building and development dispute resolution committee in exercise of the right.","sortOrder":269},{"sectionNumber":"pt.16","sectionType":"part","heading":"Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017","content":"# Transitional provisions for Housing Legislation (Building Better Futures) Amendment Act 2017","sortOrder":270},{"sectionNumber":"sec.205","sectionType":"section","heading":"Application of s 35 if residential service was registered before commencement","content":"### sec.205 Application of s 35 if residential service was registered before commencement\n\nThis section applies to a residential service registered before the commencement.\nThe reference to ‘3 months’ in section 35(1)(a) is taken to be a reference to ‘6 months’.\ns 205 ins 2017 No. 42 s 78\n(sec.205-ssec.1) This section applies to a residential service registered before the commencement.\n(sec.205-ssec.2) The reference to ‘3 months’ in section 35(1)(a) is taken to be a reference to ‘6 months’.","sortOrder":271},{"sectionNumber":"sec.206","sectionType":"section","heading":"Application of s 36 if service provider started providing a food service before commencement","content":"### sec.206 Application of s 36 if service provider started providing a food service before commencement\n\nThis section applies to a residential service if the service provider started providing a food service, in the course of the residential service, before the commencement.\nThe reference to ‘3 months’ in section 36(1)(a) is taken to be a reference to ‘6 months’.\ns 206 ins 2017 No. 42 s 78\n(sec.206-ssec.1) This section applies to a residential service if the service provider started providing a food service, in the course of the residential service, before the commencement.\n(sec.206-ssec.2) The reference to ‘3 months’ in section 36(1)(a) is taken to be a reference to ‘6 months’.","sortOrder":272},{"sectionNumber":"sec.207","sectionType":"section","heading":"Application of s 38 if service provider started providing a personal care service before commencement","content":"### sec.207 Application of s 38 if service provider started providing a personal care service before commencement\n\nThis section applies to a residential service if the service provider started providing a personal care service, in the course of the residential service, before the commencement.\nThe reference to ‘3 months’ in section 38(1)(a) is taken to be a reference to ‘6 months’.\ns 207 ins 2017 No. 42 s 78\n(sec.207-ssec.1) This section applies to a residential service if the service provider started providing a personal care service, in the course of the residential service, before the commencement.\n(sec.207-ssec.2) The reference to ‘3 months’ in section 38(1)(a) is taken to be a reference to ‘6 months’.","sortOrder":273}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded materially from its original 2002 scope through multiple amendments (2003–2017). The most significant expansion is the addition of 'aged rental schemes' and associated 'scheme operators' provisions (inserted in 2009), which brought self-contained unit retirement-style villages within the regime — a departure from the original focus on traditional shared boarding house accommodation. The list of excluded services has also grown substantially over time as other regulatory frameworks (Mental Health Act 2016, Forensic Disability Act 2011, revised Housing Act) were enacted and carved out. The relationship with the Fair Trading Inspectors Act 2014 added a parallel inspection power framework. Overall, the Act now covers a broader and more complex range of accommodation types while also maintaining an increasingly detailed exclusions list."},"complexity_factors":["Multiple interlocking regulatory systems (registration AND three-tier accreditation) that must be understood together","Extensive and nuanced definition of 'residential service' with numerous carve-outs and exceptions requiring careful analysis to determine if a service is covered","Separate definitions for 'aged rental schemes' that create a parallel regulatory pathway with their own rules about scheme operators and letting agents","Tiered accreditation deadlines with automatic cancellation triggers and 'due day' calculations that include pause/extension mechanisms","Criminal history check regime with specific rules about who must consent, when reports must be obtained, how information can be used, and mandatory destruction timelines","Cross-references to multiple other Acts (Fair Trading Inspectors Act, Planning Act, Aged Care Act, Disability Services Act, Housing Act, Mental Health Act, etc.) requiring knowledge of those frameworks","Suitability assessment involves financial, criminal and qualification criteria assessed differently for individuals versus corporations","Continuing offence provisions with dual penalty structures (flat penalty plus daily penalty) creating complex enforcement calculations","Building compliance process involves local government decisions with appeal rights to development tribunals under planning law — a separate regulatory domain"],"plain_english_summary":"## What This Law Does\n\nThis is a **Queensland law** that sets up a system to regulate **residential services** — places like boarding houses, rooming houses, and supported accommodation where at least 4 people rent rooms and share common facilities.\n\n## Who It Affects\n\n- **Operators/owners** of boarding houses, rooming houses, and similar shared accommodation — they must register and get accredited (officially approved) to operate\n- **Residents** living in these places — the law is designed to protect their health, safety, and basic rights\n- **Local councils** — they assess whether buildings meet safety standards\n- **Government inspectors** — they can monitor and enforce compliance\n\n## What It Actually Requires\n\n**Registration (step 1):** Before you can run a residential service, you must register it with the government. To get registered, you need to:\n- Pass a character check (including criminal history checks for you and your key staff/associates)\n- Show the building is safe and meets construction/fire standards\n- Pay a fee\n- Have a fire safety management plan\n\nRunning an unregistered service can result in fines of up to **200 penalty units** (a significant amount), plus daily fines if you keep operating after being caught.\n\n**Accreditation (step 2 — ongoing approval):** Once registered, you must also get \"accredited\" — think of it as a quality certification. There are **3 levels**:\n- **Level 1** (everyone must have this): Covers basic accommodation standards, residents' rights, and how the service is run\n- **Level 2** (if you provide meals): Covers food quality, nutrition, preparation and storage\n- **Level 3** (if you provide personal care like help with showering, medication, etc.): Covers the quality and appropriateness of that care\n\nYou have **3 months** after registration (or after starting to offer food/care services) to apply for the relevant accreditation level.\n\n## What Is NOT Covered\n\nMany types of accommodation are specifically **excluded**, including:\n- Federal aged care facilities\n- Private hospitals\n- Student accommodation run by schools\n- Hostels for tourists/travellers (e.g. motels, backpacker hostels)\n- Pubs and licensed venues\n- Homelessness support services funded by the State\n- Disability services run or funded by government\n- Public housing\n\n## Why It Matters\n\nThis law exists because boarding houses and similar services often house **vulnerable people** — those on low incomes, elderly people, or people with disabilities. Without regulation, there's a risk of unsafe buildings, poor food, inadequate care, and exploitation of residents. This law aims to set minimum standards and give regulators the power to shut down dodgy operators."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.4(ssec.1)(c)(iv) and sec.4(ssec.2)(a)(ii)","severity":"medium","reasoning":"The core definition in s4(1)(c)(iv) mandates sharing of rooms or facilities as an essential element. Section 4(2)(a) then creates an alternative definition that satisfies s4(1)(a) and (b) but omits the sharing requirement entirely, and its own example describes self-contained unit occupiers — people who by definition do not share. This means 'sharing' is both essential and non-essential to the definition simultaneously.","confidence":0.82,"description":"Section 4(1) requires residents to share rooms/facilities with other residents as a condition of being a 'residential service', yet section 4(2)(a) extends the definition to cover services where residents do NOT share facilities (e.g. self-contained units with food/personal care service). The example given in s4(2) explicitly mentions residents in self-contained units, directly contradicting the shared-facilities requirement in s4(1)(c)(iv)."},{"type":"other","section":"sec.11(ssec.4)","severity":"medium","reasoning":"The Act penalises applicants for the chief executive's failure to comply with a mandatory obligation. The deemed refusal then triggers cancellation of registration under s35. This creates a perverse outcome where bureaucratic non-compliance results in punishment of the party who complied with all requirements.","confidence":0.75,"description":"The deemed refusal provision treats administrative inaction as a substantive decision against the applicant. If the chief executive fails to decide within the due day, the application is 'taken to have been refused' — yet the chief executive is also required under s11(1) to decide 'as soon as practicable'. The inaction that triggers the deemed refusal is itself a breach of duty, yet the remedy for that breach is adverse to the innocent applicant rather than the delinquent decision-maker."},{"type":"other","section":"sec.35(ssec.2) and sec.35(ssec.3)","severity":"low","reasoning":"If on the due day there is a current application (saving cancellation under s35(2)) but it later lapses, s35(3) triggers. However the Act provides no mechanism to distinguish between a registration that was never cancelled under (2) and then cancelled under (3), versus one where both provisions could theoretically apply simultaneously.","confidence":0.6,"description":"Registration is 'automatically cancelled' on the day following the due day if there is no accreditation or current application (s35(2)), but also 'automatically cancelled' after the due day if accreditation ends or an application lapses (s35(3)). These two subsections create overlapping automatic cancellation triggers with no coordination mechanism, potentially resulting in double cancellation of the same registration or uncertainty about when exactly cancellation occurs."},{"type":"impossible_compliance","section":"sec.37(ssec.3) and sec.39(ssec.3)","severity":"high","reasoning":"The 6-month moratorium applies even where residents currently receiving food or personal care services would be harmed by their withdrawal. The Act provides no mechanism to protect residents during this period or to allow emergency continuation. The object in s8(1)(a) is to 'protect the health, safety and basic freedoms of residents', which is directly undermined by mandatory 6-month denial of food and personal care services.","confidence":0.78,"description":"After a failed level 2 or level 3 accreditation application, a service provider is prohibited from restarting a food service or personal care service for 6 months. However, the service provider may still be conducting the residential service during this period, meaning they are legally registered and operating a service but prohibited from providing a core element that may be essential to residents' welfare — potentially leaving vulnerable residents without food or personal care services for 6 months."},{"type":"other","section":"sec.27(ssec.2)","severity":"low","reasoning":"The cascading 'appeal from that appeal' language creates an open-ended retention obligation with no outer time limit. This sits in tension with the privacy-protective purpose of the destruction requirement itself.","confidence":0.55,"description":"The chief executive is required to destroy written criminal history reports 'as soon as practicable' after the relevant appeal periods expire. However, if any conviction in the report is appealed, the destruction obligation is suspended pending resolution of any 'appeal from that appeal'. In a jurisdiction with multiple appeal tiers, this could theoretically postpone destruction indefinitely while the information remains held for no current regulatory purpose."},{"type":"other","section":"sec.6(b)(iii)","severity":"low","reasoning":"Defining a service provider for a defunct service creates phantom obligations — the Act imposes duties on a 'service provider' in the context of a service that cannot be conducted. The registration and accreditation framework is built around active service provision, making obligations on providers of non-existent services largely meaningless or unenforceable.","confidence":0.65,"description":"For a service that is 'no longer being conducted', the 'service provider' is defined as the person who was the service provider immediately before the service stopped. This creates an ongoing legal status and obligations for a person in relation to a service that no longer exists, including potentially obligations under sections requiring active conduct of the service."},{"type":"other","section":"sec.4(ssec.1)(b) and sec.4(ssec.4)","severity":"medium","reasoning":"The prescribed building requirements, fire safety management plans, and building compliance notices all reference 'the premises' as a single location. If rooms can be in entirely different premises, it is unclear which local government has jurisdiction under s29, which premises require a fire safety management plan, and how a single registration certificate can list 'the address of the registered premises' under s12(1)(d) for a geographically dispersed service.","confidence":0.72,"description":"Section 4(1)(b) requires that rooms are 'occupied, or available for occupation, in the course of the service by at least 4 residents'. Section 4(4) then states it is 'immaterial whether or not the rooms are in the same premises'. This means a service could qualify as a single 'residential service' with rooms scattered across entirely different physical locations — potentially different suburbs or towns — creating regulatory and enforcement absurdities."},{"type":"other","section":"sec.45(ssec.1)(b)","severity":"low","reasoning":"The self-assessment process under s45 requires obtaining materials, starting the service, and then assessing the service — a multi-step process — all within the 3-month window triggered by starting the service. There is no minimum time allocated for self-assessment before the due day clock begins, creating implicit pressure that may undermine the quality of self-assessment.","confidence":0.58,"description":"Before applying for accreditation, the service provider must 'start providing' the accreditation service (food service or personal care service). However, for level 2 and level 3 accreditation, starting to provide those services triggers the commencement of the 3-month countdown to the due day under ss36(1)(a) and 38(1)(a). This means the mandatory pre-application step of starting the service automatically starts the clock running against the applicant, leaving less than 3 months to complete self-assessment and lodge the application."}],"contradictions":[{"severity":"high","section_a":"sec.4(ssec.1)(c)(iii)","section_b":"sec.4(ssec.2)(a)(ii)(example)","confidence":0.88,"description":"Section 4(1)(c)(iii) explicitly requires that a resident 'does not occupy a self-contained unit' as a condition of the core residential service definition. Yet s4(2)(a)(ii)'s example explicitly describes 'a service, providing rental accommodation to older persons, in which each of the residents occupies a self-contained unit' as a residential service. These provisions directly contradict each other."},{"severity":"high","section_a":"sec.8(ssec.2)(a)","section_b":"sec.10(ssec.5)","confidence":0.85,"description":"Section 8(2)(a) states a residential service is registered only if both (i) the service provider and associates are suitable AND (ii) the premises are safe and otherwise suitable. However, s10(5) states the chief executive MUST register the service if satisfied only that 'the applicant and each associate are suitable persons' — with no reference to premises suitability. This contradicts the object section's two-pronged registration threshold."},{"severity":"medium","section_a":"sec.13","section_b":"sec.35(ssec.2) and sec.35(ssec.3)","confidence":0.7,"description":"Section 13 states that registration 'remains in force unless it is cancelled under this Act'. Sections 35(2) and 35(3) provide for 'automatic cancellation' of registration upon the occurrence of specified events without any formal cancellation process, notice, or decision by the chief executive. This is in tension with s13's implication that cancellation is a deliberate act under the Act's framework."},{"severity":"high","section_a":"sec.15(ssec.1)(d)","section_b":"sec.33(ssec.3)","confidence":0.8,"description":"Section 15(1)(d) allows the chief executive to cancel registration if 'there is no fire safety management plan for the registered premises'. However, s33(2) provides that for budget accommodation buildings with a recent development approval, the prescribed fire safety document is a copy of the development approval — not a fire safety management plan. Under s15(1)(d) literally, a service using a development approval as its prescribed fire safety document could have its registration cancelled for lacking a fire safety management plan even though it is fully compliant with s33."},{"severity":"low","section_a":"sec.7(ssec.2)","section_b":"sec.7(ssec.1)","confidence":0.6,"description":"Section 7(1) states the Act 'binds all persons including the State'. Section 7(2) then says this does not make 'the State, the Commonwealth or another State liable for an offence'. If the Act binds the State as a person but the State cannot be liable for any offence created by the Act, then for all practical purposes the Act does not fully bind the State with respect to its central enforcement mechanism — creating a meaningful gap between the declaration of binding effect and actual legal accountability."},{"severity":"medium","section_a":"sec.36(ssec.2)","section_b":"sec.37(ssec.1)(c)(ii)","confidence":0.68,"description":"Section 36(2) deems a food service with a break of less than 30 days to have continued without interruption. Section 37(1)(c)(ii) triggers the 6-month moratorium when an application 'is withdrawn or lapses after the due day'. However, if the food service is deemed continuous under s36(2), it is unclear whether the service provider has 'stopped providing the food service' as required by s37(1)(d) to trigger s37's protections for a further application — meaning the moratorium rule in s37(3) and the continuity fiction in s36(2) produce conflicting outcomes."}]},"kimi_summary":{"_metrics":{"completionTokens":701},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2002 scope. Major expansions include: (1) 2009 amendments adding 'aged rental schemes' for self-contained units with food/personal care services; (2) 2014 integration with the Fair Trading Inspectors Act creating a shared inspectorate framework; (3) 2016-2017 amendments extending accreditation timeframes from 3 to 6 months and adding notification requirements for resident deaths. The original focus on traditional boarding houses has broadened to cover diverse accommodation models including retirement villages and supported accommodation, with increasingly complex transitional arrangements for existing services."},"complexity_factors":["Multiple nested definitions of 'residential service' with 14 specific exclusions (sec.4)","Three-tier accreditation system with interdependent timing rules and automatic cancellation triggers (secs.35-39)","Extensive cross-referencing to other Queensland legislation (Planning Act, Fair Trading Inspectors Act, QCAT Act, etc.)","Conditional logic for 'suitable person' assessments including criminal history, bankruptcy, and qualifications (Division 2.4)","Transitional provisions spanning multiple amendment Acts with different commencement dates and grace periods (Parts 13-16)","Administrative review pathways through both internal review and QCAT (Part 10)","Executive liability provisions attaching personal liability to corporate officers (sec.172)","Multiple 'show cause' notice procedures with varying timeframes (14-30 days) before adverse decisions"],"plain_english_summary":"This Queensland law sets up a **registration and accreditation system** for **residential services** — places like boarding houses, rooming houses, and aged rental schemes that provide accommodation to 4 or more people who pay rent and share facilities.\n\n**What it does:**\n- **Registration**: Anyone running a residential service must register with the government. The chief executive checks that the operator and their associates are \"suitable people\" (no recent serious criminal convictions, not bankrupt, proper qualifications) and that the premises meet building and fire safety standards.\n- **Three levels of accreditation**: \n  - **Level 1**: Basic accommodation (required for all registered services)\n  - **Level 2**: If food services are provided\n  - **Level 3**: If personal care services are provided\n- **Protections for residents**: The law protects residents' health, safety and basic freedoms, requires fire safety plans, keeps personal records confidential, and bans reprisals against people who complain.\n- **Administrator appointments**: If a service is failing badly, QCAT (Queensland Civil and Administrative Tribunal) can appoint an administrator to temporarily take over.\n- **Compliance and enforcement**: Includes injunctions, undertakings, compliance notices, and offences with penalties up to 200 penalty units.\n\n**Who it affects:**\n- Service providers/operators of boarding houses, rooming houses, and similar accommodation\n- Residents in these services\n- Local governments (who issue building compliance notices)\n- The chief executive and department staff who administer the scheme\n\n**Why it matters:**\nThis law protects vulnerable people — often older people, people with disabilities, or those at risk of homelessness — from unsafe, exploitative, or poorly run accommodation. It ensures minimum standards for food, personal care, fire safety, and management suitability, with real enforcement teeth."},"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/residential-services-accreditation-act-2002","history":"/api/acts/residential-services-accreditation-act-2002/history","analysis":"/api/acts/residential-services-accreditation-act-2002/analysis","conflicts":"/api/acts/residential-services-accreditation-act-2002/conflicts","importantCases":"/api/acts/residential-services-accreditation-act-2002/important-cases","documents":"/api/acts/residential-services-accreditation-act-2002/documents"}}