Minister: Minister for Housing and Public Works, Minister for Digital Technology and Minister for Sport
Agency: Department of Housing and Public Works


Residential Services (Accreditation) Act 2002


Queensland Crest
Residential Services (Accreditation) Act 2002

An Act to regulate the conduct of residential services

Part 1 Preliminary

Division 1 Introduction

1Short title

This Act may be cited as the Residential Services (Accreditation) Act 2002.

2Commencement

This Act commences on a day to be fixed by proclamation.

2ARelationship with Fair Trading Inspectors Act 2014

(1)The Fair Trading Inspectors Act 2014 (the FTI Act) enacts common provisions for this Act and particular other Acts about fair trading.
(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.
(3)In this section—
inspector means a person who holds office under the FTI Act as an inspector for this Act.

Note—

See also the modifying provisions for this Act stated in the FTI Act, section 7.

s 2A ins 2014 No. 8 s 139

Division 2 Interpretation

3Definitions

The dictionary in schedule 2 defines particular words used in this Act.

4Meaning of residential service

(1)A service is a residential service if—
(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
(2)Also, a service is a residential service
(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
(b)if the service is provided under an aged rental scheme.
(3)Also, a service is a residential service if—
(a)subsection (1)(a) and (b) apply to the service; and
(b)the service is prescribed under a regulation to be a residential service.
(4)For subsection (1)(a), it is immaterial whether or not the rooms are in the same premises.
(5)Despite subsections (1) to (3), the following services are not residential services—
(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;
(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;
(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.
(6)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

5Meaning of resident

(1)A resident in a service is a person—
(a)who, in the course of the service, occupies 1 or more rooms as the person’s residence; and
(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.
(2)In this section—
relevant employee, in relation to a service, means a person who—
(a)is employed in the service by the service provider; and
(b)has a principal place of residence that is not 1 or more rooms in the service.

s 5 amd 2017 No. 42 s 61

6Meaning of service provider

The service provider for a service is—
(a)for a residential service registered under this Act—the person registered as the service provider for the service; or
(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.

s 6 amd 2009 No. 41 s 101

6AMeaning of aged rental scheme and scheme operator

(1)An aged rental scheme is a scheme under which—
(a)accommodation, in return for the payment of rent, is provided mainly to older members of the community or retired persons; and
(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
(c)a food service or personal care service is provided to the persons mentioned in paragraph (b).
(2)The person who, under the aged rental scheme, must provide both of the following is the scheme operator of the scheme—
(a)the accommodation;
(b)the food service or personal care service.
(3)For subsection (2), a person provides accommodation and a food service or a personal care service if—
(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.
(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.

s 6A ins 2009 No. 41 s 102

amd 2017 No. 42 s 62

Division 3 Application and object

7Act binds all persons

(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.
(2)Subsection (1) does not make the State, the Commonwealth or another State liable for an offence.

8Object

(1)The object of this Act is to regulate the conduct of residential services to—
(a)protect the health, safety and basic freedoms of residents; and
(b)encourage service providers to continually improve the way they conduct residential services; and
(c)support fair trading in the residential service industry.
(2)The object is to be achieved mainly by—
(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
(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.

Part 2 Registration

Division 1 Requirement to be registered

9Requirement to be registered

(1)A person must not conduct a residential service in premises unless—
(a)the service is registered under this part; and
(b)the person is registered as the service provider for the service; and
(c)the premises are the registered premises for the service.

Maximum penalty—200 penalty units.

(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.

Division 2 Registration process

10Application for registration

(1)A person proposing to conduct a residential service in premises may apply to the chief executive for registration of the service.
(2)The application must—
(a)be in the approved form; and
(b)identify any associates of the applicant; and
(c)include a signed consent by the applicant and by each associate to a criminal history check; and
(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
(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.
(3)The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.

Examples of relevant information—

If the applicant was previously a service provider whose registration was cancelled—
(a)how the applicant has addressed the reasons for the cancellation of the registration (the reasons); and
(b)why the proposed residential service should be registered despite the reasons.
(4)The chief executive must decide the application by registering the service or refusing to register the service.
(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.
(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.

s 10 amd 2008 No. 69 s 67; 2017 No. 42 s 63

11Due day for deciding application

(1)The chief executive must decide an application made under section 10 as soon as practicable and, in any case, by the due day.
(2)The due day for deciding the application is the sixtieth day after the application is received by the chief executive, not including—
(a)a day the chief executive asks for more information under section 10(3); or
(b)the day the applicant complies with the request; or
(c)any days between the days mentioned in paragraphs (a) and (b).
(3)However, the due day may be extended by agreement between the chief executive and the applicant.
(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.

12Registration certificate

(1)Immediately after registering a residential service, the chief executive must give the service provider a registration certificate stating the following—
(a)the service provider’s name;
(b)the name of any associates of the service provider;
(c)the address for the service of notices on the service provider;
(d)the address of the registered premises;
(e)the maximum number of residents permitted to occupy the registered premises under the prescribed building requirements;
(f)the day of registration.
(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.

s 12 amd 2017 No. 42 s 64

13Registration remains in force unless cancelled

The registration of a residential service remains in force unless it is cancelled under this Act.

14More than 1 service provider

(1)Two or more persons may be registered as the service providers for a residential service.
(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.
(3)Subsection (2) applies subject to a contrary intention in this Act.

Division 3 Cancellation of registration

15Cancellation of registration by chief executive

(1)The chief executive may cancel the registration of a residential service at any time if the chief executive is satisfied—
(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
(a)the service provider or an associate of the service provider is not a suitable person; or
(b)the registered premises do not comply with the prescribed building requirements; or
(c)there is no fire safety management plan for the registered premises; or
(d)the service is not being conducted and has not been conducted for at least 3 months.
(2)Before cancelling the registration of a residential service, the chief executive must give the service provider a notice (a show cause notice) stating—
(a)that the chief executive proposes to cancel the registration; and
(b)the reasons for the proposed cancellation; and
(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.
(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.
(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.
(5)If the chief executive decides not to cancel the registration, the chief executive must give the service provider notice of the decision.
(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.
(7)Subsections (1) to (5) do not apply to cancellation under subsection (6).

s 15 amd 2008 No. 69 s 68

16Service provider must return registration certificate

Within 14 days after the registration of a residential service is cancelled, the service provider must return the registration certificate to the chief executive.

Maximum penalty—50 penalty units.

Division 4 Suitability of service provider and associates

Subdivision 1 Preliminary

17Application of div 4

This 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.

18Definitions for div 4

In this division—
applicant means—
(a)an applicant for registration of a residential service; and
(b)an applicant to become the service provider for a residential service that is already registered.
service provider includes an applicant.

19Who is an associate

(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—
(a)the operation of the service; or
(b)the health, safety or other interests of residents in the service.

Examples—

1a 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
2for a service provider that is a corporation, an executive officer of the corporation who takes part in the management of the service
(2)A person is not an associate of a service provider merely because the person does either or both of the following—
(a)collects rent from residents in the service;
(b)cleans or maintains the registered premises or facilities in the registered premises.
(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).

s 19 sub 2017 No. 42 s 65

Subdivision 2 Bases for deciding suitability

20Age

A child is not a suitable person.

21Qualifications

(1)An individual is not a suitable person if the individual does not have the qualifications prescribed under a regulation.
(2)In this section—
qualifications includes knowledge, skills and experience.

22Financial matters

(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.
(2)A corporation is not a suitable person if the corporation—
(a)has executed a deed of company arrangement under the Corporations Act that has not yet terminated; or
(b)is the subject of a winding up (whether voluntarily or under a court order) under that Act; or
(c)is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under that Act.

23Criminal history

(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.
(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.
(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.

Subdivision 3 Obtaining information about criminal history

24Obtaining criminal history report

(1)This section applies to a person only if—
(a)the person is registered as the service provider for a residential service; or
(b)the person is an applicant; or
(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.
(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.
(3)The report must be prepared from information in the commissioner’s possession or to which the commissioner has access.
(4)If the criminal history of the person includes a conviction recorded against the person, the report must be written.

s 24 amd 2008 No. 69 s 69

24ACosts of criminal history report

(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—
(a)the service provider or the applicant; or
(b)a person the chief executive reasonably considers is an associate of the service provider or the applicant.
(2)The chief executive must refund to an applicant an amount paid under the requirement if—
(a)the chief executive refuses the application without asking for the report; or
(b)the applicant withdraws the application before the chief executive asks for the report.
(3)In this section—
applicant includes proposed applicant.

s 24A ins 2008 No. 69 s 70

25Use of criminal history information

(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.
(2)The information must not be used for any purpose other than deciding whether the person is a suitable person for this Act.
(3)When making the decision, the chief executive must have regard to the following matters about a conviction of a person for an offence—
(a)when the offence was committed;
(b)the nature of the offence and its relevance to the decision;
(c)whether the person is a service provider or an associate.

26Person must be advised of information used

(1)This section applies to a criminal history report about a person obtained under section 24.
(2)Before using information in the report to decide whether the person is a suitable person, the chief executive must—
(a)disclose the information to the person; and
(b)allow the person a reasonable opportunity to make representations to the chief executive about the information.

27Destruction of written criminal history report

(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.
(2)The chief executive must destroy the report as soon as practicable after the later of the following—
(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;
(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;
(c)the deciding, or other ending, of an appeal mentioned in paragraph (b) and any appeal from that appeal.

s 27 amd 2008 No. 69 s 71

Division 5 Compliance with prescribed building requirements

28Prescribed building requirements

A 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.

29Notice of compliance with prescribed building requirements

(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.
(2)The application must be—
(a)in the form approved by the local government; and
(b)accompanied by any fee fixed under subsection (5).
(3)Within 20 business days after receiving the application, the local government must—
(a)decide if the premises comply with the prescribed building requirements; and
(b)give the person notice of the decision.
(4)If the local government decides the premises do not comply with the prescribed building requirements, the notice must state—
(a)the reasons for the decision; and
(b)that the decision may be appealed to a development tribunal under the Planning Act; and
(c)that, if an appeal is made, the appeal must be made within 20 business days after the person receives the notice; and
(d)what must be done by the person to make the premises comply with the prescribed building requirements.
(5)A local government may, by local law or resolution, fix a reasonable fee for an application under this section.

s 29 amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 435

30Appeal

(1)This section applies to an application under section 29 if—
(a)the local government decides the premises do not comply with the prescribed building requirements; or
(b)the local government does not decide the application within 20 business days after receiving it (the decision period).
(2)The applicant may appeal to a development tribunal under the Planning Act.
(3)The appeal must be started within 20 business days after—
(a)notice of the decision is given to the person; or
(b)if the application is not decided, the last day of the decision period.

s 30 amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 436

31Decision on appeal

(1)This section applies if a development tribunal under the Planning Act decides an appeal by—
(a)changing the decision appealed against; or
(b)setting aside the decision appealed against and making a decision replacing the decision set aside; or
(c)if section 30(1)(b) applies, deciding the application.
(2)The tribunal’s decision is taken, for this Act other than this division, to be the local government’s decision.

s 31 amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 437

32Late decision

A 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.

Division 6 Fire safety requirements

33Prescribed fire safety document

(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—
(a)registration of the service;
(b)renewal of level 1 accreditation of the service;
(c)amendment of the registration of the service to show new premises as the registered premises for the service.
(2)If—
(a)the premises are a budget accommodation building; and
(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
(c)a fire safety management plan was a mandatory requirement for the application; and
(d)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.

(3)If subsection (2) does not apply to the premises, the prescribed fire safety document for the premises is a fire safety management plan.
(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.

s 33 amd 2009 No. 36 s 872 sch 2; 2016 No. 27 s 438

Part 3 Accreditation

Division 1 Preliminary

34Explanation

(1)This part provides for the accreditation of residential services.
(2)There are 3 levels of accreditation.
(3)A residential service may be accredited at more than 1 level.
(4)The level or levels of accreditation required depend on the services provided in the course of the residential service.
(5)Under this part—
(a)all residential services are required to be accredited at level 1; and
(b)a residential service is also required to be accredited at level 2 if it includes the provision of a food service; and
(c)a residential service is also required to be accredited at level 3 if it includes the provision of a personal care service.

Division 2 Requirement for accreditation

35Requirement to be accredited at level 1

(1)The due day for applying for the level 1 accreditation of a residential service (the due day) is—
(a)the day that is 3 months after the service is registered; or
(b)if an extension is granted under section 46, the due day stated in the notice given under that section.
(2)The registration of a residential service is automatically cancelled on the day following the due day unless, on the due day—
(a)the service is accredited at level 1; or
(b)there is a current application for the level 1 accreditation of the service.
(3)After the due day, the registration of a residential service is automatically cancelled if—
(a)the level 1 accreditation of the service ends; or
(b)an application for level 1 accreditation is withdrawn or lapses.
(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.
(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).

s 35 amd 2017 No. 42 s 66

36Requirement to be accredited at level 2

(1)The due day for applying for the level 2 accreditation of a residential service (the due day) is—
(a)the day that is 3 months after the service provider starts providing a food service in the course of the residential service; or
(b)if an extension is granted under section 46, the due day stated in the notice given under that section.
(2)For subsection (1)(a), a food service is taken to continue during any break in the service of less than 30 days.

Example—

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.
(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.

(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—
(a)if the application is withdrawn or lapses—the day of the withdrawal or lapse; or
(b)if the chief executive decides the application by accrediting the service—the day the service is accredited; or
(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).
(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.

s 36 amd 2017 No. 42 s 67

37Further application for level 2 accreditation

(1)This section applies if—
(a)a service provider starts providing a food service in the course of conducting a residential service; and
(b)the service provider applies for the level 2 accreditation of the residential service; and
(c)the application—
(i)is refused; or
(ii)is withdrawn or lapses after the due day under section 36; and
(d)the service provider stops providing the food service.
(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.
(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.

(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.

38Requirement to be accredited at level 3

(1)The due day for applying for the level 3 accreditation of a residential service (the due day) is—
(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
(b)if an extension is granted under section 46, the due day stated in the notice given under that section.
(2)For subsection (1)(a), a personal care service is taken to continue during any break in the service of less than 30 days.

Example—

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.
(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.

(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—
(a)if the application is withdrawn or lapses—the day of the withdrawal or lapse; or
(b)if the chief executive decides the application by accrediting the service—the day the service is accredited; or
(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).
(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.

s 38 amd 2017 No. 42 s 68

39Further application for level 3 accreditation

(1)This section applies if—
(a)a service provider starts providing a personal care service in the course of conducting a residential service; and
(b)the service provider applies for the level 3 accreditation of the residential service; and
(c)the application—
(i)is refused; or
(ii)is withdrawn or lapses after the due day under section 38; and
(d)the service provider stops providing the personal care service.
(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.
(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.

(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.

40Contravening a condition of accreditation

The service provider for an accredited service must not contravene a condition of the accreditation.

Maximum penalty—100 penalty units.

Division 3 Accreditation decisions

41Meaning of accreditation decision

The chief executive is making an accreditation decision, at a stated level, about a residential service if the chief executive is deciding—
(a)whether to accredit the service at that level and, if so, for what period; or
(b)the conditions that are to apply to the accreditation, or renewal of accreditation, of the service at that level; or
(c)whether to renew, cancel or amend the accreditation of the service at that level.

s 41 amd 2017 No. 42 s 69

42Level 1 accreditation criteria

When making a level 1 accreditation decision for a residential service, the chief executive must have regard to the following matters—
(a)the extent to which the service provider recognises and observes the rights of each resident;
(b)the standard of the registered premises and facilities in the registered premises;
(c)the way the service is managed and otherwise conducted by staff of the service;
(d)a matter, relevant to a consideration of a matter mentioned in paragraphs (a) to (c), provided for under a regulation.

43Level 2 accreditation criteria

When 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—
(a)the quantity, quality, variety and nutritional value of the food provided;
(b)the preparation, delivery, service and storage of the food;
(c)a matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b), provided for under a regulation.

44Level 3 accreditation criteria

When 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—
(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;
(b)the suitability of the staff members providing the personal care service;
(c)a matter, relevant to a consideration of a matter mentioned in paragraph (a) or (b), provided for under a regulation.

Division 4 Accreditation process

45Self-assessment

Before applying for accreditation of a residential service at a particular level, the service provider must—
(a)obtain, from the chief executive, the self-assessment material relevant to accreditation at that level; and
(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.
(c)using the self-assessment material, assess the way the accreditation service is being provided against the accreditation criteria for that level.

46Extension of due day for applying for accreditation

(1)Division 2 states the due day for an application for accreditation according to the level of accreditation sought.
(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.
(3)In deciding whether to extend the due day for an application for accreditation, the chief executive must have regard to—
(a)the extent of the service provider’s preparations for making the application; and
(b)the extent to which the service provider has improved the service to which the accreditation relates; and
(c)any other relevant matter.

47Applying for accreditation

(1)After complying with section 45, a service provider may apply to the chief executive for accreditation of the residential service.
(2)The application must—
(a)be in the approved form; and
(b)state the level or levels at which accreditation is sought; and
(c)be signed by the service provider; and
(d)be accompanied by the fee prescribed under a regulation.
(3)The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.
(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.
(5)The chief executive may grant accreditation on conditions the chief executive considers appropriate, including, for example, a condition requiring—
(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
(b)that the service provider complete a stated training program within a stated time; or
(c)that the service provider ensure that a stated associate of the service provider completes a stated training program within a stated time; or
(d)that the service provider take, or refrain from taking, stated actions in the provision of the services to which the accreditation relates; or
(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.
(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—
(a)for an application for accreditation at level 1—stop conducting the residential service; or
(b)for an application for accreditation at level 2—stop providing the food service; or
(c)for an application for accreditation at level 3—stop providing the personal care service.
(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.

48Accreditation certificate

(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—
(a)the service provider’s name;
(b)the address of the registered premises;
(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;
(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.
(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.
(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.
(4)The chief executive may replace an accreditation certificate rather than amending it under subsection (2) or (3).

49Period of accreditation

(1)The accreditation of a residential service has effect for the period, not longer than 3 years, stated in the accreditation certificate.
(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.

Example—

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.
(3)Subsection (2) does not limit division 3.

50Renewal of accreditation

(1)The service provider for an accredited service may apply to the chief executive for renewal of the accreditation.
(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.
(3)The application must be—
(a)in the approved form; and
(b)signed by the service provider; and
(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
(d)accompanied by the fee prescribed under a regulation.
(4)The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.
(5)The chief executive must decide the application by renewing the accreditation or refusing to renew the accreditation.
(6)The chief executive may renew the accreditation on conditions the chief executive considers appropriate.
(7)The accreditation may be renewed for a period ending not later than 3 years after the expiry day.
(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.
(9)If the chief executive decides the application by refusing to renew the accreditation—
(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
(b)the accreditation continues in force until the stated day.

s 50 amd 2017 No. 42 s 70

51Extension of due day for applying for renewal

(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.
(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.
(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.

Example—

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.
(4)The accreditation of a residential service continues to have effect during the period of any extension granted under this section.

52Lapsing of application

(1)This section applies if an application for accreditation, or renewal of accreditation, is made under this part.
(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—
(a)the required information; and
(b)the time by which the information must be given to the chief executive; and
(c)that, if the information is not given to the chief executive by the stated time, the application will lapse.
(3)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.
(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.
(5)If the service provider does not comply with the requirement within the stated time, or any extension, the application lapses.

Division 5 Dealings with accreditation

53Amendment of accreditation on application of service provider

(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.
(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.
(3)The chief executive must decide the application by—
(a)amending the accreditation in the way applied for; or
(b)with the applicant’s written agreement, amending the accreditation in another way; or
(c)refusing to amend the accreditation.

54Amendment of accreditation by chief executive

(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—
(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
(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
(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
(d)for another reason, having regard to the accreditation criteria, the accreditation should be amended.
(2)The chief executive must first give the service provider a notice (show cause notice) stating—
(a)that the chief executive proposes to amend the accreditation; and
(b)the proposed amendment; and
(c)the reasons for the proposed amendment; and
(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.
(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.
(4)If the chief executive decides not to amend the accreditation, the chief executive must give the service provider a notice of the decision.
(5)At the service provider’s written request, or with the service provider’s written agreement, the chief executive may—
(a)amend an accreditation without giving a show cause notice; or
(b)amend an accreditation in a way that has not been stated in a show cause notice; or
(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.

55Urgent amendment of accreditation by chief executive

(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.
(2)The chief executive may, by notice given to the service provider, immediately amend the accreditation without complying with section 54.
(3)The notice must state the reasons for the amendment.
(4)The amendment has effect for the period, not more than 90 days, stated in the notice.

56When amendment of accreditation has effect

An 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.

57Cancellation of accreditation

(1)The chief executive may cancel the accreditation of a residential service at any time if the chief executive is satisfied—
(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
(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
(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
(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
(e)for another reason, having regard to the accreditation criteria, the accreditation should be cancelled.
(2)The chief executive must first give the service provider a notice (a show cause notice) stating—
(a)that the chief executive proposes to cancel the accreditation; and
(b)the reasons for the proposed cancellation; and
(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.
(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.
(4)The cancellation takes effect on the day stated in the notice given under subsection (3).
(5)The stated day of cancellation must be at least 14 days after the notice is given.
(6)If the chief executive decides not to cancel the accreditation, the chief executive must give the service provider notice of the decision.
(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).

Division 6 Dealing with accreditation certificate

58Service provider must return accreditation certificate

(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.

(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.

59Amendment of accreditation certificate to update details

If 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.

60Replacement accreditation certificate

(1)The service provider for an accredited service may apply to the chief executive for a replacement accreditation certificate.
(2)The application must be in the approved form and accompanied by any fee prescribed under a regulation.
(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.

Part 4 Changes affecting registration or accreditation

Division 1 Change of service provider

61Becoming a service provider

(1)A person may apply to the chief executive to be registered as the service provider for a registered service.
(2)The application must—
(a)be in the approved form; and
(b)state whether the applicant proposes to become the service provider as well as, or instead of, the current service provider; and
(c)identify any associates of the applicant; and
(d)include a signed consent by the applicant and by each associate to a criminal history check; and
(e)be signed by the applicant and by the current service provider; and
(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.
(3)The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application.
(4)The chief executive must decide the application by registering, or refusing to register, the applicant as the service provider for the registered service.
(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.
(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.
(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.
(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.

s 61 amd 2008 No. 69 s 72

62Due day for deciding application

(1)The chief executive must decide an application made under section 61 as soon as practicable and, in any case, by the due day.
(2)The due day for deciding the application is the thirtieth day after the application is made, not including—
(a)a day the chief executive asks for more information under section 61(3); or
(b)the day the applicant complies with the request; or
(c)any days between the days mentioned in paragraphs (a) and (b).
(3)However, the due day may be extended by agreement between the chief executive and the applicant.
(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.

63Person stops being service provider

While a residential service remains registered, a person may stop being the service provider for the service—
(a)by way of an application under section 61 by someone else to become the service provider instead of the person; or
(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.

Division 2 Change of registered premises

64Change of registered premises

(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.
(2)The application must—
(a)be in the approved form; and
(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
(c)be signed by the service provider; and
(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
(e)be accompanied by the fee prescribed under a regulation.
(3)The service provider also must provide any other relevant information reasonably required by the chief executive to decide the application.
(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.
(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.
(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.
(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.

65Due day for deciding application

(1)The chief executive must decide an application made under section 64 as soon as practicable and, in any case, by the due day.
(2)The due day for deciding the application is the thirtieth day after the application is made, not including—
(a)a day the chief executive asks for more information under section 64(3); or
(b)the day the applicant complies with the request; or
(c)any days between the days mentioned in paragraphs (a) and (b).
(3)However, the due day may be extended by agreement between the chief executive and the applicant.
(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.

66Premises stop being registered premises

While a residential service remains registered, premises may stop being the registered premises for the service—
(a)by way of an application under section 64 for new premises to become the registered premises instead of the premises; or
(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.

Division 3 Other changes

67Service provider stops conducting or providing a service

(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.

(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.
(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.
(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.

68Change of associate

(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—

(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
(b)otherwise—20 penalty units.

(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.

69Notice of other changes

(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—
(a)there is a change in the criminal history of the service provider or an associate of the service provider;
(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;
(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;
(d)a matter provided for under a regulation.

Maximum penalty—

(a)for subsection (1)(a), if the change is a conviction for a disqualifying offence—100 penalty units; or
(b)otherwise—20 penalty units.

(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.

(3)Subsections (1)(a) and (2) do not apply to a change merely because a conviction has stopped being part of the criminal history.
(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.

s 69 amd 2017 No. 42 s 71

Division 4 Death of service provider

70Death of sole service provider

(1)This section applies if an individual is the only service provider for a registered service and the individual dies.
(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).
(3)Subsection (2) applies subject to—
(a)the chief executive deciding the personal representative is not a suitable person; or
(b)any earlier change of the person registered as the service provider, or cancellation of the registration, under this Act; or
(c)any extension, or earlier ending, of the transitional registration period under this section.
(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)—
(a)an associate of the service provider;
(b) another person the chief executive is satisfied is a suitable person.
(4)The personal representative or the substitute may apply in writing to the chief executive for an extension of the transitional registration period.
(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.

Example—

The chief executive may extend the transitional registration period for the period necessary for an application under section 61 to be made and decided.
(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.

s 70 amd 2017 No. 42 s 72

71Dealings with registration or accreditation in first 30 days of the transitional registration period

(1)This section applies during the first 30 days of the transitional registration period of a residential service.
(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.
(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.
(4)The notice must state the reasons for the amendment.
(5)The amendment has effect for the period, not more than 90 days, stated in the notice.
(6)In this section—
substitute see section 70(3A).

s 71 amd 2017 No. 42 s 73

72Death of service provider if more than 1 service provider

(1)This section applies if there is more than 1 service provider for a registered service.
(2)If 1 of the service providers is an individual who dies, each of the surviving service providers continues as service provider.
(3)If 2 or more of the service providers are individuals and they die at the same time—
(a)if there are any surviving service providers, each of them continues as service provider; or
(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.

Division 5 Notation of changes

73Return of certificates for notation of change

If 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.

Maximum penalty—5 penalty units.

Part 5 Other matters about conduct of residential service

Division 1 Fire safety management plan

74Non-application to budget accommodation building

This division does not apply to premises that are a budget accommodation building.

75Requirement for plan

A 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).

Maximum penalty—100 penalty units.

Note—

This provision is an executive liability provision—see section 172.

s 75 amd 2013 No. 51 s 229 sch 1; 2017 No. 42 s 74

76Maintenance, implementation and accessibility of plan

(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.
(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.

Note—

This provision is an executive liability provision—see section 172.
(3)A change in circumstances mentioned in subsection (2) includes, for example, a change in the requirements prescribed under section 75.
(4)The service provider must ensure the current fire safety management plan is implemented.

Maximum penalty—100 penalty units.

Note—

This provision is an executive liability provision—see section 172.
(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.

s 76 amd 2013 No. 51 s 229 sch 1

Division 2 Records

77Service provider for registered service must keep records

The 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.

Maximum penalty—10 penalty units.

78Access to records about a resident

(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.
(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.

(3)The time for giving the access is—
(a)for a record needed by the resident or other person in an emergency—immediately; or
(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.

79Confidentiality of records about a resident

(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.

(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.

(3)Subsections (1) and (2) do not apply to the giving of access to a record, or the disclosure of information, about a resident—
(a)for a purpose of this Act; or
(b)with the resident’s consent; or
(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d)as expressly permitted or required by another Act.
(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—
(a)information about the resident’s health; or
(b)information about the resident’s financial affairs; or
(c)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.

80Services that are no longer registered and persons who are no longer residents

(1)A reference in this division to a residential service includes a service that is no longer being conducted.
(2)A reference in this division to a registered service includes a service that is no longer registered.
(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.
(4)However—
(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
(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.

Division 3 Other matters

81Payment for movement of residents between premises

The 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.

Maximum penalty—100 penalty units.

81ANotification of death of resident

(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.
(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.

s 81A ins 2017 No. 42 s 75

82Power of attorney

The 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.

Maximum penalty—100 penalty units.

82AAlteration of certificates

A person must not alter a current registration certificate or accreditation certificate without the chief executive’s written authorisation.

Maximum penalty—10 penalty units.

s 82A (prev s 139) reloc and renum 2014 No. 8 s 141

83Display of certificates

The 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.

Maximum penalty—5 penalty units.

Part 6 Appointment of administrator

Division 1 Appointment

84Appointment

QCAT may, by order, appoint a person as administrator to a registered service under this part.

s 84 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 733

85Application to tribunal and basis for appointment

(1)The chief executive may apply to QCAT for an order appointing a stated person as administrator to a registered service.
(2)On the filing of the application, QCAT must fix a time for hearing the application as soon as possible.
(3)QCAT may make the order if it is satisfied—
(a)the appointment is reasonably necessary to protect the health or safety of the residents in the service; and
(b)the proposed appointee is suitable and eligible for appointment under section 86.
(4)In deciding whether the appointment is reasonably necessary, QCAT must have regard to the following matters—
(a)the services usually provided to the residents in the course of the registered service;
(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;
(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;
(d)the likely consequences of the appointment, of which the tribunal is aware, for the service provider and anyone else likely to be affected.
(5)Before making the application, the chief executive—
(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
(b)may consult with the service provider, the residents, the disability services department or another entity.

s 85 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 734

86Suitability and eligibility of proposed appointee

(1)In deciding whether a person is suitable for appointment as administrator to a registered service, QCAT must have regard to the following matters—
(a)the nature of the registered service;
(b)the reason for the appointment;
(c)the services the person is to provide as administrator;
(d)whether the person has a criminal history that would make the person unsuitable for appointment;
(e)the person’s expertise or experience relevant to the appointment;
(f)any conflict of interest that may arise in the course of the person acting as administrator;
(g)any other relevant matter.
(2)The following persons are ineligible for appointment—
(a)a corporation;
(b)a child;
(c)an officer or employee of the department;
(d)a person who is bankrupt or, as a debtor, taking advantage of a law about bankrupt or insolvent debtors;
(e)a person who has been convicted within the previous 5 years of a disqualifying offence.
(3)A person who has agreed to a proposed appointment must advise QCAT, before QCAT makes an order appointing the person—
(a)whether the person is aware of a conflict of interest that may arise in the course of the person acting as administrator; and
(b)whether the person is a person mentioned in subsection (2)(b) to (d); and
(c)whether the person has a criminal history and, if so, what the criminal history is.

Maximum penalty—

(a)for an offence involving paragraph (c)—100 penalty units; or
(b)otherwise—20 penalty units.

(4)The person must give the advice by statutory declaration or on oath or affirmation if required by QCAT.

s 86 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 735

87Terms of appointment

(1)This section applies if QCAT decides to make an order appointing a person as administrator to a registered service.
(2)The appointment must state the following matters—
(a)the administrator’s name;
(b)the details of the registered service;
(c)the services the administrator is to provide;
(d)the period of the appointment;
(e)any conditions of the appointment;
(f)anything else QCAT considers appropriate.

s 87 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 736

88Notice to service provider about appointment

Immediately 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.

s 88 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 737

89Informing residents about appointment

Before 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—
(a)giving a notice of the appointment to the residents or to their attorneys, administrators or agents; or
(b)posting a notice of the appointment at a place at the registered premises where it is likely to be seen by residents; or
(c)directing the administrator to inform the residents about the appointment in an appropriate way.

90Period of appointment

(1)An administrator may be appointed for a period of not more than 3 months.
(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.
(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.
(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.

s 90 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 738

Division 2 Function and powers

91Administrator’s function

(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.
(2)The appointment must state—
(a)the services to be provided; and
(b)the way in which, or extent to which, the services are to be provided.

92Administrator’s powers

So far as is necessary to carry out his or her function, an administrator appointed to a registered service—
(a)may enter any part of the registered premises other than a resident’s room; and
(b)may use the facilities in the premises; and
(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
(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.

93Rental payments

(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.
(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.
(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.
(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.
(5)For each payment received from a resident under this section, the administrator must—
(a)give to the resident a receipt complying with the accommodation Act, section 18; and
(b)make a copy of the receipt or make another appropriate written record of the payment.
(6)The administrator may apply an amount received under this section only in carrying out the administrator’s function.
(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.
(8)At the end of the administrator’s appointment, the administrator must give to the service provider any remaining amount received under this section.
(9)Subsections (7) and (8) apply subject to section 98.
(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.

94Direction by chief executive

An administrator is subject to the chief executive’s direction in performing the administrator’s function and exercising the powers given under this part.

95Production of instrument of appointment for inspection

(1)This section applies if—
(a)an administrator is exercising, or proposes to exercise, a power given under this part; and
(b)a person at the registered premises asks the administrator to produce the administrator’s instrument of appointment for the person’s inspection.
(2)The administrator must comply with the request.

96Obstruction

(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.

(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—
(a)it is an offence to obstruct the administrator, unless the person has a reasonable excuse; and
(b)the administrator considers the person’s conduct an obstruction.
(3)In this section—
obstruct includes hinder and attempt to obstruct.

Division 3 Other matters

97Remuneration

An administrator is entitled to be paid the reasonable amount of remuneration agreed with the chief executive.

98Service provider liable for remuneration and other costs

(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.
(2)The chief executive may recover the amount as a debt owed to the State.
(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.
(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.

99Accounts and reports

(1)An administrator appointed to a registered service must give to the chief executive—
(a)a record of all receipts and payments under section 93; and
(b)the other reports about the administration that the chief executive requires.
(2)The chief executive must give a copy of each record or report to the service provider for the registered service.

100Compensation

(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.
(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.
(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.

101Service provider who can not be located

(1)This section applies to—
(a)a requirement under this part that the chief executive or an administrator give information to a service provider; or
(b)a requirement under the QCAT Act that the chief executive serve a document on a service provider.
(2)The requirement does not apply if the chief executive or administrator can not locate the service provider after making reasonable enquiries.

s 101 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 739

Part 7 Associated accreditation officers

102Appointment

The chief executive may appoint a person as an associated accreditation officer if—
(a)the chief executive is satisfied the person has the necessary expertise or experience to be an associated accreditation officer; or
(b)the person has satisfactorily completed the training approved by the chief executive.

103Function

An associated accreditation officer has the function of helping the chief executive to make accreditation decisions.

104Conflict of interest

(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.
(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.
(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.
(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.

Part 8 [Repealed]

pt 8 hdg om 2014 No. 8 s 140

Division 1 [Repealed]

pt 8 div 1 hdg om 2014 No. 8 s 140

105[Repealed]

s 105 om 2014 No. 8 s 140

106[Repealed]

s 106 om 2014 No. 8 s 140

107[Repealed]

s 107 om 2014 No. 8 s 140

108[Repealed]

s 108 om 2014 No. 8 s 140

109[Repealed]

s 109 om 2014 No. 8 s 140

110[Repealed]

s 110 om 2014 No. 8 s 140

111[Repealed]

s 111 om 2014 No. 8 s 140

112[Repealed]

s 112 om 2014 No. 8 s 140

Division 2 [Repealed]

pt 8 div 2 hdg om 2014 No. 8 s 140

Subdivision 1 [Repealed]

pt 8 div 2 sdiv 1 hdg om 2014 No. 8 s 140

113[Repealed]

s 113 om 2014 No. 8 s 140

Subdivision 2 [Repealed]

pt 8 div 2 sdiv 2 hdg om 2014 No. 8 s 140

114[Repealed]

s 114 om 2014 No. 8 s 140

115[Repealed]

s 115 om 2014 No. 8 s 140

116[Repealed]

s 116 om 2014 No. 8 s 140

117[Repealed]

s 117 om 2014 No. 8 s 140

118[Repealed]

s 118 om 2014 No. 8 s 140

Subdivision 3 [Repealed]

pt 8 div 2 sdiv 3 hdg om 2014 No. 8 s 140

119[Repealed]

s 119 om 2014 No. 8 s 140

120[Repealed]

s 120 om 2014 No. 8 s 140

121[Repealed]

s 121 om 2014 No. 8 s 140

122[Repealed]

s 122 om 2014 No. 8 s 140

123[Repealed]

s 123 om 2014 No. 8 s 140

124[Repealed]

s 124 om 2014 No. 8 s 140

125[Repealed]

s 125 om 2014 No. 8 s 140

126[Repealed]

s 126 om 2014 No. 8 s 140

127[Repealed]

s 127 om 2014 No. 8 s 140

128[Repealed]

s 128 om 2014 No. 8 s 140

129[Repealed]

s 129 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 740

om 2014 No. 8 s 140

130[Repealed]

s 130 om 2014 No. 8 s 140

131[Repealed]

s 131 om 2014 No. 8 s 140

Subdivision 4 [Repealed]

pt 8 div 2 sdiv 4 hdg om 2014 No. 8 s 140

Subdivision 5 [Repealed]

pt 8 div 2 sdiv 5 hdg om 2014 No. 8 s 140

132[Repealed]

s 132 om 2014 No. 8 s 140

133[Repealed]

s 133 om 2014 No. 8 s 140

134[Repealed]

s 134 om 2014 No. 8 s 140

135[Repealed]

s 135 om 2014 No. 8 s 140

136[Repealed]

s 136 om 2014 No. 8 s 140

137[Repealed]

s 137 om 2014 No. 8 s 140

138[Repealed]

s 138 om 2014 No. 8 s 140

140[Repealed]

s 140 om 2014 No. 8 s 140

141[Repealed]

s 141 om 2014 No. 8 s 140

142[Repealed]

s 142 om 2014 No. 8 s 140

143[Repealed]

s 143 om 2014 No. 8 s 140

Division 3 [Repealed]

pt 8 div 3 hdg om 2014 No. 8 s 140

Part 9 Compliance processes

Division 1 Injunctions

144Grant of injunction

(1)The chief executive may apply to the District Court for an injunction.
(2)The court may grant an injunction under this division against a person at any time.

145Grounds for injunction

The 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—
(a)contravening this Act; or
(b)attempting to contravene this Act; or
(c)aiding, abetting, counselling or procuring a person to contravene this Act; or
(d)inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or
(e)being, in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of this Act; or
(f)conspiring with others to contravene this Act.

146Court’s powers for injunctions

(1)The District Court’s power to grant an injunction restraining a person from engaging in conduct may be exercised—
(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
(b)whether or not the person has previously engaged in conduct of that kind.
(2)The District Court’s power to grant an injunction requiring a person to do an act or thing may be exercised—
(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
(b)whether or not the person has previously failed to do the act or thing.
(3)An interim injunction may be granted under this division until the application is finally decided.
(4)The District Court may rescind or vary an injunction at any time.

147Terms of injunction

(1)The District Court may grant an injunction in the terms the court considers appropriate.
(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)—
(a)for a stated period; or
(b)except on stated terms and conditions.
(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.

148Undertaking as to costs

If the chief executive applies for an injunction under this division, no undertaking as to damages or costs may be required or paid.

Division 2 Undertakings

149Chief executive may seek undertaking after contravention

If 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—
(a)state the act or omission the chief executive believes is the contravention; and
(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.

150Effect of undertaking

(1)This section applies if—
(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
(b)the chief executive accepts the undertaking.
(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.

Note—

For some possible effects of contravening an undertaking, see sections 54 (Amendment of accreditation by chief executive) and 57 (Cancellation of accreditation).

151Variation and withdrawal of undertaking

(1)This section applies if the chief executive accepts the undertaking.
(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.
(3)The chief executive may vary or withdraw the undertaking at any time if the chief executive reasonably believes that—
(a)before it was accepted, the service provider contravened this Act in a way unknown to the chief executive; and
(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.
(4)The chief executive may also withdraw the undertaking if the chief executive reasonably believes it is no longer necessary.
(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.
(6)The variation or withdrawal takes effect when the service provider receives the notice.

152Register of undertakings

(1)The chief executive must keep a register containing a copy of each undertaking given to the chief executive under this division.
(2)A person may inspect the register on payment of the fee prescribed under a regulation.

Division 3 Compliance notice

153Compliance notice

(1)This section applies if the chief executive reasonably believes the service provider for a residential service—
(a)is contravening a provision of this Act; or
(b)has contravened a provision of this Act in circumstances that make it likely the contravention will continue or be repeated.
(2)The chief executive may give the service provider a notice (a compliance notice) requiring the service provider to remedy the contravention.
(3)The compliance notice must state the following—
(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;
(b)the provision the chief executive believes is being, or has been, contravened (the relevant provision);
(c)briefly, how it is believed the relevant provision is being, or has been, contravened;
(d)that the service provider must remedy the contravention within a stated reasonable time;
(e)that it is an offence to fail to comply with the compliance notice unless the service provider has a reasonable excuse.
(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.
(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.

(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.
(7)The compliance notice may state other matters the chief executive considers appropriate.

Example—

The compliance notice may refer to the chief executive’s powers under this Act to amend or cancel accreditation of the service.

Part 10 Reviews

pt 10 hdg amd 2009 No. 24 s 741

Division 1 Reviewable decisions

154Reviewable decisions for this Act

Schedule 1 states—
(a)the decisions of the chief executive under this Act that are reviewable decisions for this Act; and
(b)for each reviewable decision, the person who may seek to have the decision reviewed under this part (the interested person).

s 154 amd 2009 No. 24 s 742

155Chief executive must give notice after making reviewable decision

(1)Immediately after making a reviewable decision, the chief executive must give to the interested person a notice stating—
(a)the reasons for the decision; and
(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
(c)how the interested person may apply for internal review; and
(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.
(2)The chief executive may give a notice for the purpose of complying with subsection (1) and for another purpose.

Example—

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—
(a)the matters required to be stated under subsection (1) about the decision; and
(b)for section 47(6)(b), the day by which the applicant must stop providing the food service.
(3)Subsection (1) does not apply if the chief executive can not locate the interested person after making reasonable enquiries.

s 155 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 743

Division 2 Internal review of decisions

pt 10 div 2 hdg sub 2009 No. 24 s 744

156Application for internal review

(1)This section applies to the interested person for a reviewable decision.
(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.
(3)The chief executive may extend the time for applying for the review.
(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.
(5)The application must be in the approved form and supported by enough information to enable the chief executive to decide the application.

s 156 amd 2009 No. 24 s 745

157Stay of operation of original decision

(1)An application under section 156 for review of a decision does not stay the decision.
(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.
(3)The stay may be granted on conditions the chief executive considers appropriate.
(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.
(5)QCAT may stay the decision to secure the effectiveness of the review and any later review by QCAT.
(6)The stay may be granted on conditions the tribunal considers appropriate and has effect for the period stated by QCAT.
(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.

s 157 prev s 157 om 2003 No. 30 s 169 sch 1

pres s 157 ins 2005 No. 14 s 2 sch

amd 2009 No. 24 s 746

158Review decision

(1)This section applies to an application under section 156 for review of a decision by the chief executive.
(2)Unless the chief executive made the original decision personally, the chief executive must ensure the application is not dealt with by—
(a)the person who made the original decision; or
(b)a person in a less senior office than the person who made the original decision.
(3)Within 28 days after receiving the application, the chief executive must review the original decision and make a decision (the review decision)—
(a)confirming the original decision; or
(b)amending the original decision; or
(c)substituting another decision for the original decision.
(4)Immediately after deciding the application, the chief executive must give the interested person a QCAT information notice for the review decision.
(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.

s 158 amd 2003 No. 30 s 169 sch 1; 2009 No. 24 s 747

Division 3 External review of decisions

pt 10 div 3 hdg sub 2009 No. 24 s 748

159External review of review decision

An interested person for a review decision may apply, as provided under the QCAT Act, to QCAT for a review of the decision.

s 159 amd 2003 No. 30 s 169 sch 1

sub 2009 No. 24 s 748

160[Repealed]

s 160 amd 2003 No. 30 s 169 sch 1

om 2009 No. 24 s 748

161[Repealed]

s 161 amd 2003 No. 30 s 169 sch 1

om 2003 No. 30 s 169 sch 1

162[Repealed]

s 162 amd 2003 No. 30 s 169 sch 1

om 2003 No. 30 s 169 sch 1

163[Repealed]

s 163 amd 2003 No. 30 s 169 sch 1

om 2003 No. 30 s 169 sch 1

Part 11 Proceedings

Division 1 Evidence

164Application of div 1

This division applies to a proceeding under this Act.

165Appointments and authority

It 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.

s 165 amd 2014 No. 8 s 142

166Signatures

A signature purporting to be the signature of the chief executive is evidence of the signature it purports to be.

s 166 amd 2014 No. 8 s 143

167Other evidentiary aids

A certificate purporting to be signed by the chief executive and stating any of the following matters is evidence of the matter—
(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;
(b)a stated document is a copy of a document mentioned in paragraph (a);
(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;
(d)on a stated day, the registration of a residential service was cancelled;
(e)on a stated day, the accreditation of a residential service at a stated level was cancelled;
(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;
(g)on a stated day, a stated person was given a stated notice or direction under this Act;
(h)on a stated day, a stated requirement was made of a stated person.

s 167 amd 2014 No. 8 s 144

Division 2 Offence proceedings

168Summary proceedings for offences

(1)A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886.
(2)The proceeding must start—
(a)within 1 year after the offence is committed; or
(b)within 6 months after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.

169Statement of complainant’s knowledge

In 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.

170False or misleading information or statements

In 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’.

171Responsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against this Act.
(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—
(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
(b)the representative had the state of mind.
(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.
(4)In this section—
representative means—
(a)for a corporation—an executive officer, employee or agent of the corporation; or
(b)for an individual—an employee or agent of the individual.
state of mind, of a person, includes—
(a)the person’s knowledge, intention, opinion, belief or purpose; and
(b)the person’s reasons for the intention, opinion, belief or purpose.

172Liability of executive officer—particular offences committed by corporation

(1)An executive officer of a corporation commits an offence if—
(a)the corporation commits an offence against an executive liability provision; and
(b)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.

(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—
(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
(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
(c)any other relevant matter.
(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.
(4)This section does not affect—
(a)the liability of the corporation for the offence against the executive liability provision; or
(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.
(5)In this section—
executive liability provision means any of the following provisions—
section 75
section 76(2)
section 76(4).

s 172 sub 2013 No. 51 s 184

Part 12 Miscellaneous

Division 1 Reprisals

173Reprisal and grounds for reprisals

(1)A person must not cause, or attempt or conspire to cause, detriment to another person in retaliation because, or in the belief that—
(a)anybody has made, or may make, a complaint to the chief executive about the conduct of a residential service; or
(b)anybody has given, or may give, information to the chief executive about the conduct of a residential service; or
(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
(d)anybody has given, or may give, evidence to a court in proceedings for an offence against this Act.
(2)An attempt to cause detriment includes an attempt to induce a person to cause detriment.
(3)A contravention of subsection (1) is a reprisal or the taking of a reprisal.
(4)A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.
(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.

174Offence for taking reprisal

A person who takes a reprisal commits an offence.

Maximum penalty—100 penalty units.

175Damages entitlement for reprisal

(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.
(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.
(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.

Division 2 Reporting matters of concern to other entities

176Reporting a matter relating to the accommodation Act

(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.
(2)The officer must report the matter to the chief executive officer unless—
(a)the officer knows, or reasonably supposes, that the chief executive officer is aware of the matter; or
(b)the officer reasonably believes the contravention is trivial.

177Matters arising under other Acts

(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—
(a)is a contravention of this Act; or
(b)concerns the conduct of a residential service and is adversely affecting the health, safety or wellbeing of a resident in the service.
(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.
(3)In this section—
prescribed Act means—
(a)the Health Ombudsman Act 2013; or
(b)the Powers of Attorney Act 1998; or
(c)the Public Guardian Act 2014; or
(d)the Public Trustee Act 1978; or
(e)the Queensland Civil and Administrative Tribunal Act 2009.

s 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

178Corresponding laws

(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.
(2)The chief executive may give the information to the chief executive of the department in which that law is administered.

Division 3 Other matters

179Register of residential services

(1)The chief executive must keep a register of residential services.
(2)The register must show—
(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
(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.
(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—
(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
(b)it is in the interests of the wellbeing and safety of residents in the service not to do so.
(4)The chief executive may include other relevant information, that is not sensitive information, on the register in place of sensitive information.

Example—

The chief executive may include the business address of the service provider on the register in place of the address of the registered premises.
(5)The register may be kept in any way the chief executive considers appropriate.
(6)On payment of the fee prescribed under a regulation, a person may—
(a)inspect the register; or
(b)obtain a certificate from the chief executive stating information shown in the register.

s 179 amd 2017 No. 42 s 76

180Confidentiality

(1)This section applies to a person—
(a)who is, or has been, the chief executive, a public service employee in the department, an administrator, or an associated accreditation officer; and
(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.
(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—
(a)for a purpose of this Act; or
(b)with the consent of the person to whom the information relates; or
(c)in compliance with lawful process requiring production of documents or giving of evidence before a court or tribunal; or
(d)as expressly permitted or required by another Act.

Maximum penalty—50 penalty units.

(3)In this section—
confidential information means information about a person’s affairs, including the person’s criminal history, but does not include—
(a)information that is publicly available; or
(b)statistical or other information that could not reasonably be expected to result in the identification of the person to whom it relates.

s 180 amd 2014 No. 8 s 145

180AChief executive may make guidelines

(1)The chief executive may make guidelines to inform persons about—
(a)the attitude the chief executive is likely to adopt on a particular matter; or
(b)how the chief executive administers this Act; or
(c)matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act.

Example—

the chief executive might make a guideline to assist service providers to meet accreditation criteria
(2)A guideline may be replaced or amended by a later guideline made under this section.
(3)The chief executive must publish the guidelines on the department’s website.
(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.

s 180A ins 2017 No. 42 s 77

181Delegation by chief executive

(1)The chief executive may delegate the chief executive’s powers under this Act to an appropriately qualified public service officer.
(2)A delegation of a power may permit the subdelegation of the power to an appropriately qualified public service officer.
(3)In this section—
appropriately qualified includes having qualifications, experience or standing appropriate to exercise the power.

Example of standing—

a person’s classification level in the public service

182Protection from liability

(1)An official does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.
(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.
(3)In this section—
official means—
(a)the chief executive; or
(b)an administrator; or
(c)an associated accreditation officer; or
(d)a person acting under the direction of the chief executive.

s 182 amd 2014 No. 8 s 146

183Approved forms

The chief executive may approve forms for use under this Act.

184Regulation-making power

(1)The Governor in Council may make regulations under this Act.
(2)A regulation may do any of the following—
(a)impose a fee;
(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;
(c)prescribe other requirements relating to a residential service for protecting the health, safety or other interests of residents;
(d)impose a penalty of not more than 20 penalty units for a contravention of a regulation.

Part 13 Transitional provisions for Residential Services (Accreditation) Act 2002

pt 13 hdg amd 2009 No. 41 s 103

Division 1 Preliminary

185Definitions for pt 13

In this part—
apply for accreditation, of a continuing service, means apply under part 3 for accreditation of the service.
apply for registration, of a continuing service, means apply under part 2 for registration of the service.
commencement day means the day this part commences.
continuing service means a residential service that was being conducted immediately before the commencement day.
due day
(a)for applying for registration of a continuing service, see section 186; or
(b)for applying for accreditation of a continuing service, see division 3.

Division 2 Registration of continuing services

186Due day for applying for registration

The due day for applying for registration of a continuing service is—
(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
(b)otherwise—the day that is 2 years after the commencement day.

187Requirement for continuing service to be registered

(1)Section 9 does not apply to a continuing service before the day following the due day.
(2)If an application to register the service is current on the due day, section 9 does not apply to the service until—
(a)if the application is withdrawn or lapses after the due day—the day the application is withdrawn or lapses; or
(b)if the chief executive decides the application by registering the service—the day the service is registered; or
(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.

188Lapsing of application

(1)This section applies if an application to register a continuing service is made on or before the due day.
(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—
(a)the required information; and
(b)the time by which the information must be given to the chief executive; and
(c)that, if the information is not given to the chief executive by the stated time, the application will lapse.
(3)The time stated must be reasonable and, in any case, at least 14 days after the requirement is made.
(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.
(5)If the applicant does not comply with the requirement within the stated time, or any extension, the application lapses.

189Compliance with building and fire safety requirements

(1)This section applies to an application to register a continuing service made on or before the due day.
(2)The applicant need not comply with section 10(2)(d)(i).
(3)However, if the application is not accompanied by a building compliance notice for the premises issued within the previous 12 months—
(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
(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.

190Registration on conditions

(1)This section applies if the chief executive is not satisfied the premises fully comply with the prescribed building requirements.
(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.

Example—

a condition that stated building work in the registered premises be completed by a stated date
(3)The registration certificate for the service must state any conditions applying to the registration.
(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)a reference to accreditation were a reference to registration; and
(b)a reference to the accreditation criteria were a reference to the prescribed building requirements.
(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.

191Notice of refusal to register continuing service

(1)This section applies if an application to register a continuing service is made on or before the due day.
(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.

192Register

(1)This section applies to each application for registration of a continuing service made within 2 years after the commencement day.
(2)The chief executive must record on the register of residential services the following particulars of the application—
(a)the applicant’s name;
(b)the address of the premises to which the application relates;
(c)the date of the application;
(d)once the application is decided, the decision.
(3)The particulars must remain on the register until the later of the following days—
(a)the day that is 2 years after the commencement day;
(b)the day that is 1 month after the application is decided.

Division 3 Accreditation of continuing services

193Application of div 3

This division applies to the accreditation of a continuing service.

194Continuing service with no food service or personal care service

(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.
(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.

195Continuing service with food service only

(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.
(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.
(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.

196Continuing service with personal care service only

(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.
(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.
(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.

197Continuing service with food service and personal care service

(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.
(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.
(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.
(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.

198Compliance with building and fire safety requirements

An application for the level 1 accreditation of a continuing service must be accompanied by—
(a)a building compliance notice for the registered premises issued within the previous 12 months; and
(b)the prescribed fire safety document for the registered premises.

Part 14 Transitional provisions for Gambling and Other Legislation Amendment Act 2009

pt 14 hdg ins 2009 No. 41 s 104

Division 1 Preliminary

pt 14 div 1 hdg ins 2009 No. 41 s 104

199Definitions for pt 14

In this part—
apply for accreditation, of a part 14 continuing service, means apply under part 3 for accreditation of the service.
apply for registration, of a part 14 continuing service, means apply under part 2 for registration of the service.
commencement day means the day this section commences.
part 14 continuing service means an aged rental scheme that was being conducted immediately before the commencement day.

s 199 ins 2009 No. 41 s 104

Division 2 Registration of part 14 continuing services

pt 14 div 2 hdg ins 2009 No. 41 s 104

200Due day for applying for registration

The due day for applying for registration of a part 14 continuing service is the day that is 6 months after the commencement day.

s 200 ins 2009 No. 41 s 104

201Application of pt 13, div 2 provisions

Sections 187 to 192 (the applied provisions) apply to a part 14 continuing service as if, in the applied provisions—
(a)a reference to a continuing service were a reference to a part 14 continuing service; and
(b)a reference to the commencement day were a reference to the commencement day under this part; and
(c)a reference to the due day were a reference to the due day under section 200; and
(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.

s 201 ins 2009 No. 41 s 104

Division 3 Accreditation of part 14 continuing services

pt 14 div 3 hdg ins 2009 No. 41 s 104

202Due day for applying for accreditation

For 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.

s 202 ins 2009 No. 41 s 104

203Compliance with building and fire safety requirements

An application for level 1 accreditation of a part 14 continuing service must be accompanied by—
(a)a building compliance notice for the registered premises issued within the previous 12 months; and
(b)the prescribed fire safety document for the registered premises.

s 203 ins 2009 No. 41 s 104

Part 15 Transitional provision for Planning (Consequential) and Other Legislation Amendment Act 2016

pt 15 hdg ins 2016 No. 27 s 439

204Appeals and particular rights to appeal to a building and development dispute resolution committee

(1)Subsections (2) to (4) apply if—
(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
(b)the appeal had not been decided before the repealed Planning Act was repealed.
(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—
(a)former sections 30 to 32 and the repealed Planning Act continue to apply in relation to the appeal; and
(b)the committee’s decision on the appeal is taken to be a decision of a development tribunal under the Planning Act.
(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.
(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.
(5)Subsections (6) and (7) apply if—
(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
(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.
(6)The person may, under section 30, appeal to a development tribunal under the Planning Act about the matter.
(7)Sections 30 to 32 and the Planning Act apply in relation to the appeal.
(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.

s 204 ins 2016 No. 27 s 439

pt 16 hdg ins 2017 No. 42 s 78

205Application of s 35 if residential service was registered before commencement

(1)This section applies to a residential service registered before the commencement.
(2)The reference to ‘3 months’ in section 35(1)(a) is taken to be a reference to ‘6 months’.

s 205 ins 2017 No. 42 s 78

206Application of s 36 if service provider started providing a food service before commencement

(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.
(2)The reference to ‘3 months’ in section 36(1)(a) is taken to be a reference to ‘6 months’.

s 206 ins 2017 No. 42 s 78

207Application of s 38 if service provider started providing a personal care service before commencement

(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.
(2)The reference to ‘3 months’ in section 38(1)(a) is taken to be a reference to ‘6 months’.

s 207 ins 2017 No. 42 s 78

Schedule 1 Reviewable decisions for this Act

section 154

Interested person

Reviewable decision

applicant for registration of a residential service

•  to refuse to register the service (s 10(4))

service provider for a residential service

•  to cancel registration of the service (s 15(3))
•  to refuse to accredit the service (s 47(4))
•  to accredit the service on a condition (s 47(5))
•  to refuse to renew the accreditation of the service (s 50(5))
•  to renew the accreditation of the service on a condition (s 50(6))
•  to refuse to extend the period of accreditation (s 51(3))
•  to refuse to amend the accreditation of the service in a way the service provider has applied for (s 53(3))
•  to amend the accreditation of the service other than in a way the service provider has applied for (s 54(3) or 55(2))
•  to cancel the accreditation of the service (s 57(3))
•  to refuse an application for a replacement accreditation certificate (s 60(3))
•  to refuse an application to amend the registration of the service to show new premises as the registered premises (s 64(4))

applicant for registration as the service provider for a registered service

•  to refuse to register the applicant as the service provider for the service (s 61(4))

personal representative of the estate of a service provider who has died

•  to refuse to extend the transitional registration period (s 70(5))

applicant for registration of a continuing service under part 13 or a part 14 continuing service under part 14

•  to register the service on a condition (s 190(2))

sch 1 amd 2009 No. 24 s 750; 2009 No. 41 s 105; 2017 No. 42 s 79

Schedule 2 Dictionary

section 3

accommodation Act means the Residential Tenancies and Rooming Accommodation Act 2008.

sch 2 def accommodation Act amd 2008 No. 73 s 554 sch 1

accreditation criteria means level 1, 2 or 3 accreditation criteria.
accreditation decision see section 41.
accredited service means a residential service that is accredited under this Act.
aged rental scheme see section 6A.

sch 2 def aged rental scheme ins 2009 No. 41 s 106

applicant, for part 2, division 4, see section 18.
apply for accreditation
(a)of a continuing service, see section 185; or
(b)of a part 14 continuing service, see section 199.

sch 2 def apply for accreditation ins 2009 No. 41 s 106

apply for registration
(a)of a continuing service, see section 185; or
(b)of a part 14 continuing service, see section 199.

sch 2 def apply for registration ins 2009 No. 41 s 106

approved form means a form approved under section 183.
associate, of a service provider or applicant, means a person who is an associate of the service provider or applicant under section 19.
associated accreditation officer means a person appointed as an associated accreditation officer under section 102.
authorised officer ...

sch 2 def authorised officer om 2014 No. 8 s 147

budget accommodation building see the Building Act 1975, section 216.

sch 2 def budget accommodation building amd 1975 No. 11 s 283(3)(f) (amd 2006 No. 36 s 69)

building compliance notice, for premises, means a notice, issued by the local government for the local government area in which the premises are situated, stating that the premises comply with the prescribed building requirements.
chief executive officer means the chief executive officer of the Residential Tenancies Authority established under the Residential Tenancies and Rooming Accommodation Act 2008.

sch 2 def chief executive officer amd 2008 No. 73 s 554 sch 1

commencement day
(a)for part 13, see section 185; or
(b)for part 14, see section 199.

sch 2 def commencement day ins 2009 No. 41 s 106

Commercial and Consumer Tribunal ...

sch 2 def Commercial and Consumer Tribunal ins 2003 No. 30 s 169 sch 1

om 2009 No. 24 s 751(1)

continuing service, for part 13, see section 185.

sch 2 def continuing service ins 2009 No. 41 s 106

conviction means a conviction other than a spent conviction.
criminal history, of a person, means the convictions recorded against the person for offences, in Queensland or elsewhere, whether before or after the commencement of this Act.
current
An application is current if it has been made under this Act and has not been decided, has not been withdrawn and has not lapsed.
decision notice ...

sch 2 def decision notice om 2009 No. 36 s 872 sch 2

development application ...

sch 2 def development application amd 2009 No. 36 s 872 sch 2

om 2016 No. 27 s 440(1)

development approval ...

sch 2 def development approval ins 2009 No. 36 s 872 sch 2

om 2016 No. 27 s 440(1)

disability services department means the department in which the Disability Services Act 2006 is administered.

sch 2 def disability services department amd 2006 No. 12 s 241 sch 1

disqualifying offence means any of the following offences—
(a)an offence, punishable by 3 or more years imprisonment, involving fraud or dishonesty;
(b)an offence against the Criminal Code, part 4 or 5;
(c)an act or omission committed outside Queensland that, if committed in Queensland, would be an offence mentioned in paragraph (a) or (b).
domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

sch 2 def domestic violence ins 2017 No. 42 s 80(2)

due day, for part 13, see section 185.

sch 2 def due day ins 2009 No. 41 s 106

education department means the department in which the Education (General Provisions) Act 2006 is administered.

sch 2 def education department sub 2006 No. 39 s 512(1) sch 1

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.
facilities includes furniture and equipment.
fire safety management plan means—
(a)for premises that are a budget accommodation building—see the Fire and Emergency Services Act 1990, section 104FC; or
(b)for other premises—see section 75.

sch 2 def fire safety management plan amd 2014 No. 17 s 184 sch 1 pt 2

food service means a service of regularly providing meals to a resident.
house rules, for premises in which a residential service is being conducted, means the rules in force for the premises under the accommodation Act, part 6.
housing department means the department in which the Housing Act 2003 is administered.

sch 2 def housing department amd 2003 No. 52 s 153 sch 2

information includes a document.
interested person, for a reviewable decision, see section 154.
level 1 accreditation criteria means the matters under section 42.
level 2 accreditation criteria means the matters under section 43.
level 3 accreditation criteria means the matters under section 44.
notice means a written notice.
owner ...

sch 2 def owner om 2014 No. 8 s 147

part 14 continuing service see section 199.

sch 2 def part 14 continuing service ins 2009 No. 41 s 106

personal care service means a service of regularly providing a resident with—
(a)help in—
(i)bathing, toileting or another activity related to personal hygiene; or
(ii)dressing or undressing; or
(iii)consuming a meal; or
(iv)meeting a mobility problem of the resident; or
(v)taking medication; or
(b)help in managing the resident’s financial affairs.
Planning Act means the Planning Act 2016.

sch 2 def Planning Act ins 2016 No. 27 s 440(2)

premises include a part of premises.
prescribed building requirements see section 28.
prescribed fire safety document, for premises, means the prescribed fire safety document for the premises under section 33.
QCAT information notice means a notice complying with the QCAT Act, section 157(2).

sch 2 def QCAT information notice ins 2009 No. 24 s 751(2)

Queensland Building Tribunal ...

sch 2 def Queensland Building Tribunal om 2003 No. 30 s 169 sch 1

registered premises means premises registered under this Act as premises in which a residential service is conducted.
registered service means a residential service registered under this Act.
register of residential services means the register kept under section 179.
relative of a person—
(a)means the person’s spouse, child, grandchild, great-grandchild, parent, grandparent, great-grandparent, brother, sister, uncle, aunt, cousin, niece, nephew, parent-in-law, daughter-in-law, son-in-law, sister-in-law or brother-in-law; and
(b)for an Aboriginal person—includes a person who, under Aboriginal tradition, is regarded as a relative of the Aboriginal person; and
(c)for a Torres Strait Islander person—includes a person who, under Island custom, is regarded as a relative of the Torres Strait Islander person.
rent means an amount of money, or other consideration, given in return for the provision of accommodation by a person and any related services provided by the person.
resident see section 5.
residential service see section 4.
residential services Act means this Act or the accommodation Act.
reviewable decision means a decision stated in schedule 1.
review decision see section 158(3).
scheme operator see section 6A.

sch 2 def scheme operator ins 2009 No. 41 s 106

school means—
(a)a State school within the meaning of the Education (General Provisions) Act 2006; or
(b)an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

sch 2 def school amd 2006 No. 39 s 512(1) sch 1; 2017 No. 24 s 256

self-contained unit means a part of a building, forming a self-contained residence, that is under the exclusive possession of the occupier and includes kitchen, bathroom and toilet facilities.
service provider see section 6 and, for part 2, division 4, see section 18.
spent conviction means a conviction—
(a)for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b)that is not revived as prescribed by section 11 of that Act.
staff, of a residential service, includes a volunteer and a resident who participates in the conduct of the service.
Supported Accommodation Assistance Program ...

sch 2 def Supported Accommodation Assistance Program om 2017 No. 42 s 80(1)

takes a reprisal see section 173.
transitional registration period see section 70(2).