Health (Prescribed Accommodation) Regulations 2001€¦ · Health (Prescribed Accommodation)...

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Health (Prescribed Accommodation) Regulations 2001

S.R. No. 40/2001

TABLE OF PROVISIONS

Regulation Page

PART 1—PRELIMINARY 1

1. Objectives 1 2. Authorising provisions 2 3. Definitions 2

PART 2—CLASSES OF PRESCRIBED ACCOMMODATION 4

4. Prescribed accommodation 4 5. Exemptions 4

PART 3—STANDARDS RELATING TO PRESCRIBED ACCOMMODATION 6

Division 1—Prevention of Overcrowding 6

6. Overcrowding 6

Division 2—Maintenance and Cleanliness 7

7. Maintenance 7 8. Cleanliness 7

Division 3—Water Supply 8

9. Water supply 8 10. Drinking water 8

Division 4—Waste Disposal 8

11. Discharge of sewage and waste water 9 12. Refuse receptacles 9 13. Refuse disposal 9

Division 5—Toilet and Bathing Facilities 9

14. Toilet and bathing facilities 9

Regulation Page

ii

PART 4—REGISTRATION 11

15. Application for registration 11 16. Application for renewal of registration 11 17. Application for transfer 11 18. Certificate of registration or renewal 12 19. Transfers 12 20. Register of prescribed accommodation 13

PART 5—GENERAL REGULATIONS APPLYING TO PRESCRIBED ACCOMMODATION 14

21. Register of occupants 14 22. Advertising 14

__________________

SCHEDULE 15

FORMS 15

Form 1—Application for *Registration/*Renewal of Registration of Prescribed Accommodation 15

Form 2—Application for Transfer of Registration of Prescribed Accommodation 16

Form 3—Certificate of *Registration/*Renewal of Registration of Prescribed Accommodation 17

Form 4—Endorsement of Transfer of Registration 18 ═══════════════

ENDNOTES 19

INDEX 20

1

STATUTORY RULES 2001

S.R. No. 40/2001

Health Act 1958


The Governor in Council makes the following Regulations:

Dated: 15 May 2001

Responsible Minister:

JOHN THWAITES Minister for Health

HELEN DOYE Clerk of the Executive Council

PART 1—PRELIMINARY

1. Objectives

The objectives of these Regulations are to—

(a) prescribe classes of prescribed accommodation that are subject to Division 1 of Part XII of the Health Act 1958;

(b) prescribe standards—

(i) to prevent overcrowding; and

(ii) for the maintenance, cleanliness, water supply, sanitation and hygiene facilities in prescribed accommodation;

(c) prescribe the requirements and forms for the registration or renewal or transfer of registration of prescribed accommodation;

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(d) provide for the keeping of registers of prescribed accommodation and occupants of prescribed accommodation; and

(e) provide for other matters authorised by the Act.

2. Authorising provisions

These Regulations are made under sections 213, 376, 390 and 391 of the Health Act 1958.

3. Definitions

In these Regulations—

"holiday camp" means any house, building or structure, whether temporary or permanent, which is used for the accommodation of student groups, youth groups or family groups for holiday or recreational purposes;

"hostel" means any house, building or structure, whether temporary or permanent, which is used primarily for the accommodation of travellers;

"hotel" includes a residential hotel and any residential premises in respect of which a general licence or on-premises licence is granted under the Liquor Control Reform Act 1998;

"residential accommodation" means any house, building, or other structure used as a place of abode where a person or persons can live on payment of consideration to the proprietor but does not include—

(a) a hotel or motel; or

(b) a hostel; or

(c) a student dormitory; or

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(d) a holiday camp;

"student dormitory" means any dormitory, student hostel, hall of residence or residential college for the accommodation of students which is controlled by or operated under an arrangement with or affiliated with—

(a) a school; or

(b) an institution mentioned in Schedule 1 or Schedule 2 to the Tertiary Education Act 1993.

"the Act" means the Health Act 1958.

_______________

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PART 2—CLASSES OF PRESCRIBED ACCOMMODATION

4. Prescribed accommodation

The following classes of accommodation are prescribed to be subject to Division 1 of Part XII of the Act—

(a) residential accommodation;

(b) hotels and motels;

(c) hostels;

(d) student dormitories;

(e) holiday camps.

5. Exemptions

These Regulations do not apply to—

(a) a house under the exclusive occupation of the occupier; or

(b) a self-contained flat under the exclusive occupation of the occupier consisting of a suite of rooms that—

(i) forms a portion or portions of a building; and

(ii) includes kitchen, bathroom and toilet facilities; and

(iii) forms a self-contained residence; or

(c) a public hospital or health service establishment within the meaning of the Health Services Act 1988; or

(d) a nursing home within the meaning of the National Health Act 1953 of the Commonwealth; or

(e) any retirement village within the meaning of the Retirement Villages Act 1986; or

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(f) any house, building or structure to which Part 4 of the Residential Tenancies Act 1997 applies; or

(g) any vessel, vehicle, tent or caravan; or

(h) premises in which, other than the family of the proprietor, not more than five persons are accommodated.

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PART 3—STANDARDS RELATING TO PRESCRIBED ACCOMMODATION

Division 1—Prevention of Overcrowding

6. Overcrowding

(1) A proprietor of prescribed accommodation must comply with this regulation in relation to the maximum number of persons permitted to be accommodated in each bedroom in the prescribed accommodation.

Penalty: 20 penalty units.

(2) A proprietor of prescribed accommodation must not permit a room in the prescribed accommodation to be used as a bedroom if it has a floor area of less than 7·5 square metres.


(3) If persons are accommodated in prescribed accommodation for a period of more than 31 days, the maximum number of persons permitted to occupy a bedroom in respect of the period after the thirty-first day is—

(a) in the case of a bedroom with a floor area of less than 12 square metres—one person;

(b) in the case of a bedroom with a floor area of 12 square metres or more—2 persons and an additional person for every 4 square metres of floor area that exceeds 12 square metres.

(4) If persons are accommodated in prescribed accommodation other than a holiday camp for a period of 31 days or less, the maximum number of persons permitted to occupy a bedroom is—

(a) in the case of a bedroom with a floor area of less than 10 square metres—2 persons;

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(b) in the case of a bedroom with a floor area of 10 square metres or more—3 persons and an additional person for every 2 square metres of floor area that exceeds 10 square metres.

(5) Subject to sub-regulation (2), a proprietor of a holiday camp must provide at least 2 square metres of floor area in a bedroom for each person who is accommodated for a period of 31 days or less.

(6) In this regulation—

(a) one child under the age of 3 years is not counted as a person; and

(b) two children under the age of 3 years are counted as one person; and

(c) floor area includes the area occupied by any cupboard or other built-in furniture, fixture or fitting but does not include any area occupied by any bathroom or toilet in or attached to the bedroom.

Division 2—Maintenance and Cleanliness

7. Maintenance

A proprietor of prescribed accommodation must maintain that accommodation and all bedrooms, toilets, bathrooms, laundries, kitchens, living rooms and any common areas provided with the accommodation—

(a) in good working order; and

(b) in a clean, sanitary and hygienic condition; and

(c) in a good state of repair.


8. Cleanliness

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(1) In addition to the requirement under regulation 7(b), a proprietor of prescribed accommodation must ensure that each bedroom and any toilet or bathroom attached to the bedroom is cleaned after the bedroom is vacated and before its re-use by another occupier.


(2) A proprietor of prescribed accommodation must ensure that all bed linen provided with the accommodation is changed with clean linen—

(a) at least weekly; and

(b) after the accommodation is vacated and before its re-use by another occupier.


Division 3—Water Supply

9. Water supply

(1) A proprietor of prescribed accommodation must provide a continuous and adequate supply of water to all toilet, bathing, kitchen, laundry and drinking water facilities.


(2) A proprietor of prescribed accommodation must provide a continuous and adequate supply of hot water to all bathing, laundry and kitchen facilities.


10. Drinking water

A proprietor of prescribed accommodation must ensure that water intended for drinking is fit for human consumption.


Division 4—Waste Disposal

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11. Discharge of sewage and waste water

A proprietor of prescribed accommodation must ensure that all sewage and waste water is discharged—

(a) to a reticulated sewerage system; or

(b) to a septic tank system permitted under the Environment Protection Act 1970.


12. Refuse receptacles

A proprietor of prescribed accommodation must—

(a) provide sufficient vermin-proof receptacles at the prescribed accommodation for the collection and storage of all putrescible rubbish; and

(b) ensure that the receptacles are regularly cleaned.


13. Refuse disposal

A proprietor of prescribed accommodation must ensure that all refuse at the accommodation is regularly removed by means of a refuse collection service provided by the local council or a private contractor engaged by the proprietor.


Division 5—Toilet and Bathing Facilities

14. Toilet and bathing facilities

A proprietor of prescribed accommodation must provide at least one toilet, one bath or shower and one wash basin for every 10 persons or fraction of that number of persons occupying the accommodation.

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PART 4—REGISTRATION

15. Application for registration

An application for registration of prescribed accommodation required under section 210 of the Act must—

(a) be in the form of Form 1 in the Schedule; and

(b) include a plan of the premises drawn to a scale of not less than 1:100 and showing the proposed use of each room; and

(c) be accompanied by the fee determined by the council.

16. Application for renewal of registration

An application for renewal of registration of prescribed accommodation must be—

(a) in the form of Form 1 in the Schedule; and

(b) lodged with the council on or before 15 November in each year; and

(c) accompanied by the fee determined by the council.

17. Application for transfer

An application for transfer of registration of prescribed accommodation must be—

(a) in the form of Form 2 in the Schedule; and

(b) accompanied by—

(i) the current certificate of registration; and

(ii) if the application relates to a transfer of registration from one premises to another, a plan of the premises drawn to

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a scale of not less than 1:100 and showing the proposed use of each room; and

(iii) the fee determined by the council.

18. Certificate of registration or renewal

(1) For the purposes of section 374(1) of the Act, a certificate of registration or renewal of registration of prescribed accommodation must be in the form of Form 3 in the Schedule.

(2) The certificate must—

(a) specify the class of accommodation which is registered; and

(b) specify the conditions to which the registration or renewal of registration is subject.

19. Transfers

(1) If an application for transfer of registration of prescribed accommodation from one person to another is granted and the transfer fee for transfer of registration is paid, the council must cause the current certificate of registration to be endorsed in the form of Form 4 in the Schedule.

(2) If an application for the transfer of registration of prescribed accommodation from one registered premises to other premises is granted and the transfer fee is paid the council must—

(a) cause a fresh entry of registration to be made in the register in respect of the premises to which the registration is transferred; and

(b) cause a new certificate of registration to be issued to the applicant in accordance with regulation 18.

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20. Register of prescribed accommodation

(1) For the purposes of section 371 of the Act, the prescribed particulars for the register required to be kept by a council are—

(a) registration number;

(b) date of application for registration;

(c) name and address of proprietor;

(d) address of the premises;

(e) date of registration;

(f) dates of renewal;

(g) conditions on the grant of registration or renewal;

(h) date of transfer of registration;

(i) name and address of person to whom registration is transferred;

(j) premises to which registration is transferred.

(2) A council must keep a separate register in respect of each class of prescribed accommodation.

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PART 5—GENERAL REGULATIONS APPLYING TO PRESCRIBED ACCOMMODATION

21. Register of occupants

(1) A proprietor of prescribed accommodation must keep a register recording—

(a) the names and addresses of persons occupying the accommodation; and

(b) the dates of their arrival and departure.


(2) A proprietor is exempted from compliance with sub-regulation (1), if the proprietor is required under any other Act or regulation to keep a similar register.

(3) The proprietor must retain the register referred to in sub-regulation (1) or (2) for at least 12 months after the date of the last entry in the register.


22. Advertising

A proprietor of prescribed accommodation must not state or cause to be stated in any advertisement, notice or sign issued or put up in relation to the accommodation, that the premises were registered or approved for any class of accommodation other than that set out on the certificate of registration.


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SCHEDULE

FORMS

FORM 1

Regulations 15 and 16

APPLICATION FOR *REGISTRATION/*RENEWAL OF REGISTRATION OF PRESCRIBED ACCOMMODATION

To the Council.

(insert name of Council)

I (name of applicant), being the proprietor of prescribed accommodation, apply for *registration/*renewal of registration of the prescribed accommodation.

Name of applicant in full

Address of applicant

Address of prescribed accommodation

Class of accommodation—

*(a) residential accommodation

*(b) hotel or motel

*(c) hostel

*(d) student dormitory

*(e) holiday camp

Number of bedrooms available for occupiers on payment of consideration.

Number of beds in each bedroom.

Period of *Registration/*Renewal

Signature of applicant Date

Note: If you are submitting an application for registration, a plan drawn to a scale of not less than 1:100 showing the proposed use of each room in the accommodation must be annexed to the application.

*Delete if inapplicable _______________

Form 1

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FORM 2

Regulation 17

APPLICATION FOR TRANSFER OF REGISTRATION OF PRESCRIBED ACCOMMODATION

To the Council.

(insert name of Council)

I (insert name of applicant) of (insert address of applicant), the holder of a certificate of registration of prescribed accommodation situated at (insert address of prescribed accommodation) apply to have that registration transferred to—

*(a) the following person—

(insert—

(i) name of new proprietor; and

(ii) address of new proprietor); or

*(b) the following premises—

(insert—

(i) address of new premises; and

(ii) number of bedrooms available for occupiers on payment of consideration; and

(iii) number of beds in each bedroom).

Signature of applicant:

Date:

Note: If you are submitting an application for transfer of registration from one premises to another, a plan drawn to a scale of not less than 1:100 showing the proposed use of each room in the accommodation must be annexed to the application.

*Delete if inapplicable

_______________

Form 2

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FORM 3

Regulation 18

CERTIFICATE OF *REGISTRATION/*RENEWAL OF REGISTRATION OF PRESCRIBED ACCOMMODATION

The (insert name of Council) Council *registers/*renews the registration of prescribed accommodation situated at (insert address of prescribed accommodation) as—

*(a) residential accommodation

*(b) a hotel or motel

*(c) a hostel

*(d) a student dormitory

*(e) a holiday camp

This certificate is granted to (insert name of proprietor).

This certificate has effect until (insert date) subject to the Health Act 1958 and the Health (Prescribed Accommodation) Regulations 2001, and to the following conditions:

(insert conditions)

Chief Executive Officer or delegate

Date:

*Delete if inapplicable

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Form 3

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FORM 4

Regulation 19

ENDORSEMENT OF TRANSFER OF REGISTRATION

The (insert name of Council) Council transfers the registration set out on this certificate to (insert name and address of new proprietor) for the period from the date of this endorsement until (insert date).

Chief Executive Officer or delegate

Date:

═══════════════

Form 4

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ENDNOTES

Note that the Health (Prescribed Accommodation) Regulations 1990, S.R. No. 81/1990 as extended in operation by S.R. No. 16/2000, were revoked on 14 May 2001 under section 5 of the Subordinate Legislation Act 1994.

Endnotes

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INDEX Subject

Regulation

Accommodation See Prescribed accommodation; Residential accommodation

Advertising 22 Bathing facilities 14 Cleanliness 7, 8 Definitions 3 Drinking water 10 Exemptions 5 Holiday camps 3, 4, 6 Hostels 3, 4 Hotels 3, 4 Maintenance 7 Motels 4 Overcrowding 6 Prescribed accommodation advertising 22 classes of 4 maintenance and cleanliness 7–8 maximum number of people per bedroom 6 register kept by council 20 register of occupants 21 registration 15–19, Sch. size of bedrooms 6 toilet and bathing facilities 14 waste disposal 11–13 water supply 9–10 Refuse disposal 13 Refuse receptacles 12 Registers occupants 21 prescribed accommodation 20 Registration applications 15, Sch certificates 18, 19, Sch renewal 16, Sch transfer 17, 19, Sch Regulations exemptions 5 authorising provisions 2 objectives 1 Residential accommodation 3, 4 Sewage 11 Student dormitories 3, 4 Toilets 14

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Subject

Regulation

Waste disposal 11–13 Waste water 11 Water supply 9–10

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