Changes to the regulations
From 1 July 2024, changes took effect that ensures specialist disability accommodation (SDA) dwellings remain exempt from regulation as prescribed accommodation.
Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020
Under the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020, prescribed accommodation businesses include:
- hotels and motels
- hostels
- student dormitories
- holiday camps
- rooming houses
- residential accommodation
- labour hire accommodation.
Prescribed accommodation providers are required to meet hygiene, maintenance and other standards and requirements to minimise public health risk that may arise from shared use of facilities, high turnover of occupants and/or overcrowding.
The objective of the regulations is to set out the standards necessary to minimise the public health risks associated with prescribed accommodation.
Changes to the regulations
Exemptions – updated term: SDA dwelling (July 2024)
An amendment to the Public Health and Wellbeing (Prescribed Accommodation) Regulations has updated the term SDA (Specialist Disability Accommodation) enrolled dwelling to SDA dwelling. This change ensures that SDA dwellings (including SDA enrolled dwellings) are exempt from prescribed accommodation requirements.
The change aligns with amendments to the Residential Tenancies Act 1997, which has introduced a broad definition of SDA dwelling that includes SDA enrolled dwelling. The broader definition in the Residential Tenancies Act is intended to address gaps in residential rights and protections for people living in disability funded accommodation.
What are SDA dwellings?
In summary, Specialist Disability Accommodation (SDA) refers to accommodation for people who require specialist housing solutions, including to assist with the delivery of supports that cater to their functional impairment or very high support needs. This could be an area or room under exclusive occupation by an SDA resident or a whole dwelling occupied by at least one SDA resident.
Section 498BA of the Residential Tenancies Act provides a meaning of SDA dwelling.
What the change means
The change is not expected to have any practical impact.
New class of labour hire accommodation (February 2023)
The regulation changes define and prescribe a new class of labour hire accommodation.
Labour hire accommodation means any house, building, structure or site (including any shared facilities on a site), whether temporary or permanent, used to provide accommodation for a worker under, or in connection with, a labour hire arrangement with that worker. It applies to 4 or more workers.
The definition also includes examples of common labour hire situations. The new class of labour hire accommodation is designed to be used only if another class of prescribed accommodation does not apply. This means, for example, that a hostel that provides accommodation to both backpackers and labour hire workers should be registered as a hostel.
There have also been changes to the Public Health and Wellbeing Act 2008 to strengthen the definition of prescribed accommodation and proprietor in relation to labour hire accommodation.
What the changes mean
The changes mean that proprietors of labour hire accommodation will be required to:
- register their labour hire accommodation with the local council under the Public Health and Wellbeing Act 2008
- meet cleanliness, maintenance and other standards under the Public Health and Wellbeing (Prescribed Accommodation) Regulations 2020, which intend to minimise public health risks that may arise from shared use of facilities and overcrowding.
Labour hire accommodation providers and councils can find more information in the Labour hire reforms - prescribed accommodation fact sheet.
Documentation
Public Health and Wellbeing (Prescribed Accommodation) Amendment Regulations
Public Health and Wellbeing (Prescribed Accommodation) Regulations
Reviewed 08 October 2024