Queensland: Residential Services (Accreditation) Act 2002 (Qld)

Residential Services (Accreditation) Act 2002 An Act to regulate the conduct of residential services Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Residential Services (Accreditation) Act 2002. 2 Commencement This Act commences on a day to be fixed by proclamation. 2A Relationship 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. Division 2 Interpretation 3 Definitions The dictionary in schedule 2 defines particular words used in this Act. 4 Meaning 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. 5 Meaning 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. 6 Meaning 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. 6A Meaning 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. Division 3 Application and object 7 Act 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. 8 Object (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 9 Requirement 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 10 Application 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. 11 Due 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. 12 Registration 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. 13 Registration remains in force unless cancelled The registration of a residential service remains in force unless it is cancelled under this Act. 14 More 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 15 Cancellation 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). 16 Service 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 17 Application 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. 18 Definitions 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. 19 Who 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— 1 a 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 2 for 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). Subdivision 2 Bases for deciding suitability 20 Age A child is not a suitable person. 21 Qualifications (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. 22 Financial 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. 23 Criminal 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 24 Obtaining 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. 24A Costs 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. 25 Use 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. 26 Person 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. 27 Destruction 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. Division 5 Compliance with prescribed building requirements 28 Prescribed 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. 29 Notice 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. 30 Appeal (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. 31 Decision 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. 32 Late 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 33 Prescribed 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. Part 3 Accreditation Division 1 Preliminary 34 Explanation (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 35 Requirement 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). 36 Requirement 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. 37 Further 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. 38 Requirement 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. 39 Further 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. 40 Contravening 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 41 Meaning 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. 42 Level 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. 43 Level 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. 44 Level 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 45 Self-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. 46 Extension 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. 47 Applying 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. 48 Accreditation 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). 49 Period 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. 50 Renewal 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. 51 Extension 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. 52 Lapsing 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 53 Amendment 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. 54 Amendment 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. 55 Urgent 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. 56 When 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. 57 Cancellation 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 58 Service 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. 59 Amendment 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. 60 Replacement 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 61 Becoming 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. 62 Due 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. 63 Person 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 64 Change 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 chi