Part 7Rooming houses

Part 7—Rooming houses Division 1—Interpretation 103—Interpretation In this Part— bond means an amount a resident is required to pay under a rooming house agreement, or an agreement collateral to a rooming house agreement, as security for the performance of obligations under a rooming house agreement; house rules—see section 105A; proprietor means rooming house proprietor; rent means an amount payable under a rooming house agreement for accommodation at the rooming house; resident means a rooming house resident. Division 1A—Registration of proprietors of designated rooming houses 103A—Interpretation designated rooming house means residential premises in which 5 or more rooms are available, for valuable consideration, for residential occupation; designated rooming house agreement means an agreement under which accommodation is provided (with or without meals, or other facilities or services) in a designated rooming house; designated rooming house proprietor means a person registered under section 103C. 103B—Proprietors must be registered to carry on business relating to designated rooming houses A person must not carry on a business involving the provision of accommodation under designated rooming house agreements unless the person is registered under section 103C. Maximum penalty: (a) in the case of a body corporate—$250 000; (b) in the case of an individual— (i) for a first or second offence—$50 000; or (ii) for a third or subsequent offence—$100 000 or 12 months imprisonment or both. 103C—Registration (1) The Commissioner may, on application under this section and by notice in writing, register a person to carry on a business involving the provision of accommodation under designated rooming house agreements. (2) An application for registration must— (a) be made in a manner and form determined by the Commissioner; and (b) be accompanied by any information or document as may be required by the Commissioner; and (c) be accompanied by the prescribed fee. (3) The Commissioner must not register a person under this section unless satisfied that— (a) the person is a fit and proper person to be registered (or in the case of a body corporate, each director of the body corporate (however described) is a fit and proper person to be registered); and (b) holds qualifications and has experience the Commissioner considers appropriate (or in the case of a body corporate, the directors of the body corporate (however described) collectively hold such qualifications or have such experience). (4) Registration under this section may be conditional or unconditional. (5) The Commissioner may, by notice in writing, amend or revoke a condition of registration. (6) A person registered under this section must not refuse or fail to comply with a condition of the registration. (7) The registration of a person under this section remains in force (except for any period for which it is suspended) until— (a) the registration is surrendered or cancelled; or (b) the person to whom the registration applies dies, or, in the case of a body corporate, the body corporate is dissolved or wound up. 103D—Annual return and fee (1) A designated rooming house proprietor must, each year not later than the prescribed date— (a) pay to the Commissioner the prescribed fee; and (b) provide to the Commissioner any information or document required by the Commissioner. (2) If a person fails to comply with subsection (1), the Commissioner may, by notice in writing, require the person to so comply. (3) If a person fails to comply with the notice under subsection (2) within 28 days of service of the notice, the person's registration will be cancelled by force of this subsection. 103E—Notification of change in circumstances (1) If there is a change in any 1 or more of the following names or addresses, a designated rooming house proprietor must, within 14 days of that change, give notice in writing to the Commissioner of the new name or address (as the case may be): (a) the business or trading name under which the designated rooming house proprietor carries on business; (b) the residential address of the designated rooming house proprietor; (c) the address of any designated rooming house in relation to which the proprietor carries on business; (d) if the designated rooming house proprietor is a body corporate, the address of the registered corporate office of the proprietor. (2) A designated rooming house proprietor must, within 14 days after ceasing to carry on a business involving the provision of accommodation under designated rooming house agreements, give written notice to the Commissioner of that fact. (3) A designated rooming house proprietor must, within 14 days of entering into a partnership to carry on a business involving the provision of accommodation under designated rooming house agreements or ceasing to be in such a partnership, give written notice to the Commissioner of that fact, together with the names of the members of the new or former partnership. Maximum penalty: $25 000. (4) If a person is appointed as a director of a body corporate (however described) that is a designated rooming house proprietor, the proprietor must, within 14 days after that appointment— (a) notify the Commissioner in the manner and form approved by the Commissioner of the appointment of the new director; and (b) provide the Commissioner with any information required by the Commissioner for the purposes of determining whether the new director meets the standard for registration set out in section 103C(3). 103F—Cancellation or suspension of registration (1) The Commissioner may, by notice in writing, cancel or suspend the registration of a designated rooming house proprietor if the Commissioner is of the opinion that— (a) the person is no longer a fit and proper person to be registered (or, in the case of a body corporate, a director of the body corporate is no longer a fit and proper person to be registered); or (b) a prescribed circumstance applies. (2) The Commissioner must give the designated rooming house proprietor at least 28 days notice in writing of the Commissioner's intention to cancel or suspend the registration. (3) Subsection (2) does not apply if the Commissioner is of the opinion that, were the cancellation or suspension of the registration to be delayed, a person may suffer significant harm, loss or damage. 103G—Review by Tribunal (1) A person who is dissatisfied with a reviewable decision may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision. (2) Subject to subsection (4), an application for review must be made within 28 days of the making of the reviewable decision of the Commissioner. (3) The Commissioner must, if so required by a person dissatisfied with a reviewable decision, state in writing the reasons for the reviewable decision. (4) If the reasons of the Commissioner are not given in writing at the time of making the reviewable decision and the person (within 28 days of the making of the decision) requires the Commissioner to state the reasons in writing, the time for making an application for review runs from the time at which the person receives written statement of those reasons. reviewable decision means— (a) a decision of the Commissioner to refuse to register a person under section 103C; or (b) a decision of the Commissioner to cancel or suspend the registration of a designated rooming house proprietor under section 103F. Division 2—Rooming house agreements 104—Standard terms of rooming house agreements A rooming house agreement will be taken to include terms prescribed by regulation as standard terms for rooming house agreements. 105—Copies of written agreements (1) If a proprietor invites or requires a resident to sign a written rooming house agreement, or a document recording its terms, the proprietor must ensure that— (a) the resident receives a copy of the agreement or other document (for the resident to keep), when the resident signs it; and (b) if the agreement or other document has not been signed by the proprietor, a copy of the agreement or other document, as executed by all parties, is delivered to the resident within 14 days after the resident gives the agreement or other document back to the proprietor to complete its execution. (2) A rooming house agreement is not rendered void or unenforceable by non‑compliance with a requirement of this section. Division 3—House rules 105A—House rules (1) A proprietor of a rooming house may make written rules about conduct or behaviour of the residents. (2) A house rule will be void to the extent that— (a) it is made for a purpose other than enhancing the health or safety of persons or the safety of property; or (b) it is inconsistent with this Act or any other Act or law. (3) The house rules for a rooming house (as from time to time in force under this section) are to be taken to constitute terms of every rooming house agreement relating to the rooming house. (4) The Legislative Instruments Act 1978 does not apply to house rules. 105B—Amendment of house rules (1) A proprietor may make written amendments to house rules for a rooming house. (2) An amendment does not have effect unless each resident of the rooming house has been given 7 days written notice of the amendment. amendment to house rules includes— (a) a variation of a house rule; or (b) the addition to the house rules of a new rule; or (c) the revocation of an existing house rule. 105C—Application to Tribunal if house rules are considered unreasonable (1) An application may be made to the Tribunal by a resident of a rooming house for a declaration that a house rule for the rooming house is unreasonable. (2) On an application under this section, the Tribunal may, by order— (a) declare the rule or proposed rule to be reasonable; or (b) declare the rule or proposed rule to be unreasonable and, if the Tribunal considers it appropriate, require the proprietor to amend the rule in a specified manner. (3) A house rule is void if the Tribunal makes an order that the rule or proposed rule is unreasonable. (4) If a proprietor does not amend a house rule as required by order of the Tribunal, the proprietor is guilty of an offence. 105D—Availability of house rules (1) A rooming house proprietor must— (a) ensure that the house rules (as in force from time to time) are displayed in a prominent place at the rooming house; and (b) at the request of a resident or prospective resident of the rooming house, provide a copy of the house rules (as in force from time to time) to the resident or prospective resident. (2) However, if the rooming house proprietor has, within the previous 2 months, provided a copy of the house rules to a person, the proprietor need not provide a further copy but, in that case, must make a copy available for inspection by the person. Division 4—Mutual rights and obligations of proprietors and residents