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Residential Tenancies and Rooming Accommodation Act 2008
sec.44Rooming accommodation agreements to which Act does not apply
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### sec.44 Rooming accommodation agreements to which Act does not apply
The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation—
accommodation provided by a person in premises if—
the premises are the person’s only or main place of residence; and
not more than 3 rooms in the premises are occupied, or available for occupation, by residents;
aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ;
accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ;
accommodation provided at an authorised mental health service under the Mental Health Act 2016 ;
accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ;
accommodation for school students—
provided as part of, or under an agreement with, a school; or
arranged by a school for students of another school; or
provided with financial assistance from the education department;
accommodation for students within the external boundaries of a registered higher education provider’s campus provided—
by the registered higher education provider; or
by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;
accommodation provided to holiday makers or travellers;
motel, bed and breakfast facility, backpackers’ hostel
accommodation provided under the program known as the Supported Accommodation Assistance Program;
accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;
accommodation for a person at a retirement village if the person resides in the accommodation under—
a residence contract under the Retirement Villages Act 1999 ; or
section 70B of the Retirement Villages Act 1999 ;
other accommodation prescribed under a regulation not to be rooming accommodation.
Subsection (1) (f) (ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus.
Despite subsection (1) , if a rental bond is paid for rooming accommodation mentioned in subsection (1) (a) or (f) , the provisions of this Act about rental bonds apply to the agreement.
For subsection (1) (g) , a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved.
s 44 amd 2011 No. 13 s 267 ; 2014 No. 25 s 223 sch 1 pt 2 ; 2016 No. 5 s 923 sch 4 ; 2024 No. 27 s 5
(sec.44-ssec.1) The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation— accommodation provided by a person in premises if— the premises are the person’s only or main place of residence; and not more than 3 rooms in the premises are occupied, or available for occupation, by residents; aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ; accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ; accommodation provided at an authorised mental health service under the Mental Health Act 2016 ; accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ; accommodation for school students— provided as part of, or under an agreement with, a school; or arranged by a school for students of another school; or provided with financial assistance from the education department; accommodation for students within the external boundaries of a registered higher education provider’s campus provided— by the registered higher education provider; or by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit; accommodation provided to holiday makers or travellers; motel, bed and breakfast facility, backpackers’ hostel accommodation provided under the program known as the Supported Accommodation Assistance Program; accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587; accommodation for a person at a retirement village if the person resides in the accommodation under— a residence contract under the Retirement Villages Act 1999 ; or section 70B of the Retirement Villages Act 1999 ; other accommodation prescribed under a regulation not to be rooming accommodation.
(sec.44-ssec.2) Subsection (1) (f) (ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus.
(sec.44-ssec.3) Despite subsection (1) , if a rental bond is paid for rooming accommodation mentioned in subsection (1) (a) or (f) , the provisions of this Act about rental bonds apply to the agreement.
(sec.44-ssec.4) For subsection (1) (g) , a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved.
- (a) accommodation provided by a person in premises if— (i) the premises are the person’s only or main place of residence; and (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents;
- (i) the premises are the person’s only or main place of residence; and
- (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents;
- (b) aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ;
- (ba) accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ;
- (c) accommodation provided at an authorised mental health service under the Mental Health Act 2016 ;
- (d) accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ;
- (e) accommodation for school students— (i) provided as part of, or under an agreement with, a school; or (ii) arranged by a school for students of another school; or (iii) provided with financial assistance from the education department;
- (i) provided as part of, or under an agreement with, a school; or
- (ii) arranged by a school for students of another school; or
- (iii) provided with financial assistance from the education department;
- (f) accommodation for students within the external boundaries of a registered higher education provider’s campus provided— (i) by the registered higher education provider; or (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;
- (i) by the registered higher education provider; or
- (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;
- (g) accommodation provided to holiday makers or travellers; Examples— motel, bed and breakfast facility, backpackers’ hostel
- (h) accommodation provided under the program known as the Supported Accommodation Assistance Program;
- (i) accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;
- (j) accommodation for a person at a retirement village if the person resides in the accommodation under— (i) a residence contract under the Retirement Villages Act 1999 ; or (ii) section 70B of the Retirement Villages Act 1999 ;
- (i) a residence contract under the Retirement Villages Act 1999 ; or
- (ii) section 70B of the Retirement Villages Act 1999 ;
- (k) other accommodation prescribed under a regulation not to be rooming accommodation.
- (i) the premises are the person’s only or main place of residence; and
- (ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents;
- (i) provided as part of, or under an agreement with, a school; or
- (ii) arranged by a school for students of another school; or
- (iii) provided with financial assistance from the education department;
- (i) by the registered higher education provider; or
- (ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;
- (i) a residence contract under the Retirement Villages Act 1999 ; or
- (ii) section 70B of the Retirement Villages Act 1999 ;