Review of the Residential Services (Accommodation) Act

What was the Residential Services (Accommodation) Act 2002?

The Residential Services (Accommodation) Act 2002 (Accommodation Act) outlined the rights and responsibilities of residents and service providers in room-only residential services and independently-operated student accommodation. Residential services include boarding houses, aged rental accommodation and supported accommodation. The Accommodation Act set out what service providers and residents could and could not do, how to address issues that arose during a tenancy and what measures could be taken if a party to a tenancy breached the provisions of the law.

How was the Accommodation Act different from the Tenancies Act?

The main differences between the Accommodation Act and the Tenancies Act were that the Accommodation Act:

• applied only to room-only style accommodation;
• applied only to residential services defined by the Residential Services (Accreditation) Act 2002, as well as room-only independently-operated student accommodation;
• recognised communal-style living issues by including provisions about house rules and serious nuisance; and
• followed generally similar processes to the Residential Tenancies Act, however some notice periods were different.

Why was a review needed?

The review process helps to ensure the provisions of the Accommodation Act were achieving the intended purpose and that the Act remained relevant in a changing residential rental sector.

When the Act commenced in August 2002, the government gave a commitment that it would be reviewed after its first two years of operation.  This review process formally commenced in February 2005.

What was the review process?

Stage 1. Identify the issues

• Discussion paper released in February 2005, with a call for submissions which closed on 29 April 2005.
• Download a copy of the Accommodation Act Discussion Paper (PDF 367 kb)
• Stakeholder working party comprised of representatives from the residential services sector worked with the RTA to review submissions on the discussion paper. 

Timing: completed 2005

Stage 2. Identify the options and choose the right solutions

• RTA and stakeholder working party identified a range of policy options.
• RTA Board and Minister considered policy options and approved release of policy review paper.
• Policy review paper released for public consultation in October 2006 with submissions due 15 December 2006.

Timing: completed 2006/7

Stage 3. Changing the legislation

• Government endorsement to prepare and introduce new legislation.
• Legislation drafted.
• Parliamentary debate.
• Bill passed by Parliament and assented to by the Governor.
• New legislation commenced 1 July 2009 and the Accommodation Act repealed.

Timing: 2008/2009

What happened to my submission to the review?

Submissions to the discussion paper (stage 1) were reviewed by a stakeholder working party and were used to help develop the policy review paper. This paper outlined the major issues regarding the Accommodation Act and preferred policy options.

A feedback report outlining the range of submissions received in stage 1 was also produced. This report incorporated specific comments from the sector arranged under topic headings.  Personal references have been removed to protect the anonymity of clients. 

Submissions to the policy review paper (stage 2) were reviewed by the RTA and stakeholder working party. The RTA reported to the RTA Board and Minister on the submissions and stakeholder views. These submissions were considered in reviewing the preferred policy options and preparing the new Bill.

What were the amendments to the Residential Services (Accommodation) Act 2002?

The policy review paper, which outlined the Queensland Government's preferred policy options for the Accommodation Act, was released for public comment in October 2006. The time for submissions on the paper closed on 15 December 2006. The paper contains an analysis of the issues and recommendations for change.

Download a copy of the Accommodation Act Policy Review Paper (PDF 321 kb)

After the close of submissions for the Accommodation Act Policy Review Paper, a policy review paper on the Tenancies Act was released for consultation. An important recommendation in the Tenancies Act Policy Review Paper was for the Residential Services (Accommodation) Act 2002 and the Residential Tenancies Act 1994 to be combined into one Act.

View information on the review of the Tenancies Act and a copy of the Tenancies Act Policy Review Paper

The RTA worked with the Office of the Queensland Parliamentary Counsel to draft the new Residential Tenancies and Rooming Accommodation Act 2008. The new Act incorporates the provisions of the Tenancies Act and Accommodation Act and proposed amendments. The new Act was passed by Parliament on 2 December 2008 and commenced on 1 July 2009 when the existing Tenancies Act and Accommodation Act were repealed.

View the Residential Tenancies and Rooming Accommodation Act (PDF 1.6MB) or find out about the key changes.