Queensland Consolidated Acts

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION ACT 2008 - SECT 44

44 Rooming accommodation agreements to which Act does not apply

(1) The Act does not apply to rooming accommodation agreements relating to the following rooming accommodation—

(a) accommodation provided by a person in premises if—

(i) the premises are the person’s only or main place of residence; and

(ii) not more than 3 rooms in the premises are occupied, or available for occupation, by residents;

(b) aged care accommodation provided by an approved provider under the Aged Care Act 1997 (Cwlth) ;

(ba) accommodation provided at the forensic disability service under the Forensic Disability Act 2011 ;

(c) accommodation provided at an authorised mental health service under the Mental Health Act 2016 ;

(d) accommodation provided in a private hospital under a licence in force under the Private Health Facilities Act 1999 ;

(e) accommodation for school students—

(i) provided as part of, or under an agreement with, a school; or

(ii) arranged by a school for students of another school; or

(iii) provided with financial assistance from the education department;

(f) accommodation for students within the external boundaries of a registered higher education provider’s campus provided—

(i) by the registered higher education provider; or

(ii) by an entity, other than the registered higher education provider, if the accommodation is provided other than for the purpose of making a profit;

(g) accommodation provided to holiday makers or travellers;

Examples—

motel, bed and breakfast facility, backpackers’ hostel

(h) accommodation provided under the program known as the Supported Accommodation Assistance Program;

(i) accommodation provided under funding given by, or in premises owned by, Aboriginal Hostels Limited ACN 008 504 587;

(j) accommodation for a person at a retirement village if the person resides in the accommodation under—

(i) a residence contract under the Retirement Villages Act 1999 ; or

(ii) section 70B of the Retirement Villages Act 1999 ;

(k) other accommodation prescribed under a regulation not to be rooming accommodation.

(2) Subsection (1) (f) (ii) applies even if the accommodation is provided on land owned by the entity within the external boundaries of a university’s campus.

(3) Despite subsection (1) (f) , if a rental bond is paid for rooming accommodation within the external boundary of a registered higher education provider’s campus, the provisions of this Act about rental bonds apply to the agreement.

(4) For subsection (1) (g) , a right to occupy given for 6 weeks or longer is taken not to be given for holiday or travel purposes unless the contrary is proved.