sec.4Meaning of residential service

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