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Operating a residential service
If you want to operate a residential service in Queensland (e.g. a privately owned and operated boarding house, supported accommodation hostel or aged rental accommodation), you will need to comply with the Residential Services (Accreditation) Act 2002.
The requirements include registering the residential service, applying for accreditation and following the correct procedure when there is a change in associates or service providers.
Penalties of up to $143,750 can apply if you do not meet the requirements of the Residential Services Act. For corporation fines under section 181C of Penalties and Sentences Act 1992, the maximum fine is an amount equal to 5 times the maximum fine for an individual.
In addition to complying with the Act, you also have to meet the requirements of local councils, including those relating to the Building Act 1975, and to food hygiene and public health legislation.
This guide provides information on how to register your residential service, how to apply for accreditation, what to do when there is a change in a service provider or associate, and other requirements.
COVID-19 advice for residential service providers
Compliance
We understand that, as COVID-19 public health directions continue to change rapidly, it may not always be clear to service providers how to apply the arrangements in your service.
To understand the current restrictions:
- check the COVID-19 requirements
- contact the Supported Accommodation Providers Association for further advice.
If you've taken appropriate steps to understand and apply the current public health directions to ensure the health and safety of residents, staff and visitors, we will not penalise you if complying with a health direction is inconsistent with any legal or regulatory obligation.
More information
- Check Queensland Health's coronavirus (COVID-19) information frequently for:
- accurate information about the COVID-19 virus in Queensland
- what you can do to prevent transmission and minimise service impacts.
- Check the Australian Government's website for the latest COVID-19 news, updates and advice from Australian Government agencies.
- Read advice on identifying and managing work health and safety risks related to COVID-19.
- Phone the COVID-19 Work health and safety hotline 1300 005 018—advice for employers.
Definition of a residential service
A residential service provides accommodation in return for payment of rent, with 4 or more residents, who occupy 1 or more rooms and individually pay rent and share facilities.
Typically, each resident has the right to occupy 1 or more rooms but not the whole premises. Residents in a residential service share facilities such as a bathroom, kitchen, common areas and laundry. Some residential services also provide residents with food or a personal care service as part of their accommodation agreement.
Accommodation services that are exempt from being residential services
Some accommodation services are not considered to be residential services. These include:
- accommodation specifically for tourists or travellers such as backpackers, motels, and bed and breakfasts
- student accommodation
- accommodation for employees in connection with their work, or contractors in connection with their service contracts
- services regulated under other legislation, including
- aged care service under the Aged Care Act 1997 (Cwlth)
- an authorised mental health service under the Mental Health Act 2016
- private hospitals under the Private Health Facilities Act 1999
- licensed premises under the Liquor Act 1992
- services that have funding agreements with a government agency, including those
- under funding or in premises owned by Aboriginal Hostels Limited
- conducted by the Department of Housing (DOH), which is funded under the Housing Act 2003
- conducted by the Department of Child Safety, Seniors and Disability Services and DOH, which are funded under the Housing Act 2003 or the Disability Services Act 2006
- services that are determined to not be a residential service under a regulation.
Public register of residential services
Under the requirements of the Residential Services (Accreditation) Act 2002, we must keep a public register of residential services. The public register lists the addresses and phone numbers of registered residential services in Queensland, as well as their service provider and associate names. It also states the maximum number of residents permitted to occupy the registered premises.
The regulation of residential services is important to both operators and residents. Read more information about how regulation helps the industry from DOH.
If you need more information on residential services, you can:
- email regulatoryservices@chde.qld.gov.au
- phone 13 QGOV (13 74 68)
- phone Regulatory Services on (07) 3013 2666.
You can find information about rooming accommodation agreements at the Residential Tenancies Authority, which can also be reached on 1300 366 311.
Report an illegal residential service
If you suspect that an unregistered boarding house or rooming accommodation is operating, you can make a report.
Registering a residential service
You must have an approved registration before you can start to operate a residential service. Operating an unregistered residential service is in breach of the Residential Services (Accreditation) Act 2002. Penalties of up to $143,750 can apply if you do not meet the requirements of the Act.
Applying for registration
To apply for registration, you need to:
- complete and sign an application for registration of a residential service form (PDF, 363KB)
- pay a registration fee ($360.30)
- complete a criminal history check and supply a National Police Certificate for each new service provider and any associates
- provide a Building Compliance Notice for Queensland Development Code that meets the requirements of the MP 5.7 – Residential Services Building Standard (PDF, 312KB) and has been issued within the last 12 months by the local council
- provide a copy of the fire safety management plan or fire safety document (depending on the number of residents who are going to be accommodated).
An individual or corporation can register as the service provider. If the residential service is to be run by a corporation, each executive officer must provide their details on the application.
The applicant also must provide any other relevant information reasonably required by the chief executive to decide the application. Examples of relevant information could include:
- if the applicant was previously a service provider whose registration was cancelled
- how the applicant has addressed the reasons for the cancellation of the registration
- and
- why the proposed residential service should be registered despite these reasons.
You must also provide any other relevant information to help progress the application. For example, if your service provider registration has previously been cancelled, outline how you've addressed the reasons for the cancellation and why the proposed registration should be considered.
Applications for registration will be processed in approximately 4–6 weeks. It will take longer if you do not fill out all the relevant information or if you do not pay the fees.
Once you register your residential service you do not have to renew it.
If your registration application is approved
If your application is approved:
- you will receive a certificate of registration
- you must apply for accreditation within 3 months
- the residential service, service provider's name and any associates, and phone and/or email of the service will be listed on a register for public viewing.
If your registration application is refused
If your registration application is refused, we will advise you in writing of the outcome and provide the reasons why the application was not approved.
If you disagree with the registration decision, you have 28 days to apply to the Regulatory Services for a review of the decision. Your decision notice outlines how to apply for a review. This includes completing an application for review of decision (PDF, 114KB). If you disagree with the review decision, you can apply for a hearing with the Queensland Civil and Administrative Tribunal.
Local government involvement in residential services
If you are a service provider you are required to apply for a building compliance notice when you register, when you renew your accreditation and if there are any material changes to the registered premises.
Your local government authority (local council) is responsible for ensuring you comply with the requirements of the Queensland Development Code. The requirements for residential services are found in MP 5.7 – Residential Services Building Standard (PDF, 312KB).
It is very important that you apply to your local council for the appropriate inspection to occur before applying to Regulatory Services. The process may take some time to finalise so it is important that you make the appropriate application and organise for an inspection to occur as soon as possible.
The local council must issue a notice within 20 days of receiving your application. If there are non-compliance issues, the notice must state the reasons and indicate what you can do to comply. You then have 20 business days after receiving the non-compliance notice to appeal the decision.
You may also be required to meet other local council requirements before a building compliance notice will be issued.
Surrendering your registration
If you choose to stop operating a residential service, you are required to notify Regulatory Services within 30 days of making this decision. An officer will be able to offer support to help you:
- ensure residents, or their carers, are appropriately notified of this decision
- assist in the relocation of residents to other registered residential services, if appropriate
- make sure that the premises are no longer operating as a residential service
- ensure other stakeholders including local government authorities and Queensland Fire and Emergency Services are informed that the premises is no longer a residential service.
If you need more information on registering a residential service, you can:
- email regulatoryservices@chde.qld.gov.au
- phone 13 QGOV (13 74 68)
- contact Regulatory Services on (07) 3013 2666.
Also consider...
- Find out more about registering residential services on ABLIS (Australian Business Licence and Information Service).
Paying fees for operating a residential service
You can pay for registration fees using BPOINT.
The registration fee is $360.30 with no GST payable on fees.
BPOINT
BPOINT is a secure, real-time payment service provided by the Commonwealth Bank that allows you to pay online or by phone.
You can make a BPOINT payment using your credit card, debit card or Masterpass Digital Wallet. We accept Visa and Mastercard.
Have your details ready to make your payment.
Note: The minimum transaction amount accepted is $20 and the maximum is $100,000 on credit card accounts for BPOINT.
You can make a BPOINT payment:
- online
- by phone: 1300 276 468 (1300 BPOINT).
Also consider...
- Read more about registering residential services on ABLIS (Australian Business Licence and Information Service).
Accreditation for residential services
Accreditation is a detailed assessment by the service provider and the Department of Housing of how well the registered residential service meets the accreditation standards.
You need to apply for accreditation within 3 months of registering your residential service.
To obtain accreditation, you must show that your residential service meets the minimum standards for each accreditation level in the Residential Services (Accreditation) Regulation 2018.
Levels of accreditation for residential services
You can apply for 3 levels of accreditation. All providers are required to apply for Level 1.
Accommodation service – Level 1 (compulsory)
Level 1 relates to a resident's right to:
- privacy and confidentiality
- agreement for residency
- prevention of abuse and neglect
- grievance mechanisms
- access to external service providers
- entitlement of residents to independence and freedom of choice
- living environment
- security and emergencies
- business management
- human resource management.
Food service – Level 2
Level 2 relates to a resident's right to:
- food and nutrition
- kitchens
- food handling and storage.
If you apply for Level 2 accreditation (food service), you must apply for a Food Licence with the local council to meet your obligations under the Food Standards Code 3.2.3 and 3.2.2 in the Food Standards Australia New Zealand Act 1991 (Cwlth).
Personal care service – Level 3
Level 3 relates to a resident's access to:
- human resource management
- access to externally provided support services
- financial and clerical support
- assistance with medication
- health care
- clothing
- hygiene management
- preservation of social networks
- choice and decision making.
Applying for accreditation
Once you have registered your residential service, we will send you an accreditation application kit, which includes a self-assessment checklist and a list of required documents.
To apply for accreditation, you must:
- complete an application for accreditation of a residential service (PDF, 315KB)
- complete and attach the self-assessment checklist and associated documents
- pay the application fee of $35.99 per resident being accommodated at the time of application.
You can pay the application fee online via BPOINT payment.
Lodge your application by:
- email regulatoryservices@chde.qld.gov.au
- or
- mail to:
Regulatory Services
PO Box 690
BRISBANE QLD 4001
Regulatory Services will:
- assess your application to check it is completed with the relevant documents attached
- coordinate and conduct an accreditation site audit
- make accreditation decisions based on the findings of the site audit and evidence provided to meet each accreditation standard
- make the decision to grant accreditation for a period up to 3 years.
Conditions may be imposed if considered appropriate or we may refuse to accredit your residential service or accredit a level of service.
If your application for accreditation is successful
If your accreditation is granted, you will receive an accreditation certificate that must be placed in an area where residents can see it.
If your application for accreditation is not successful
If your accreditation is refused, you will receive a notice explaining why your application was not successful.
If you disagree with the accreditation decision, you have 28 days to apply to Regulatory Services for a review of the decision.
Your decision notice outlines how to apply for a review. This includes completing an application for review of decision form (PDF, 114KB).
If you disagree with the review decision, you can apply for a hearing with the Queensland Civil and Administrative Tribunal.
If you do not apply for accreditation in time or fail accreditation, then your residential service will be automatically de-registered and must stop operating as a residential service.
It is important to note that if the Level 2 or Level 3 component of your accreditation is refused then you can no longer provide that service. You can continue to operate at Level 1, except if it is an aged rental residential service. If accreditation of a Level 1 service is refused, registration is automatically cancelled, and you cannot operate a residential service.
Renewing accreditation
You must lodge an application to renew your accreditation before the accreditation period expires, but not more than 3 months before the expiry date.
Your registration will be automatically cancelled if you do not apply for renewal of your accreditation before the accreditation period expires.
If your residential service meets all the standards, renewal of your accreditation can be granted for up to 3 years. If your residential service does not meet all the standards, renewal of accreditation can be granted for a shorter period of time and may include conditions you will need to comply with. To renew your accreditation you must:
- complete and sign the application for renewal of accreditation of residential service form (PDF, 286KB)
- pay a fee for accreditation of $35.99 per resident being accommodated at the time the application is made
- complete a criminal history check and submit a National Police Certificate for each service provider and associate involved in the operation of the residential service
- provide a Building Compliance Notice for Queensland Development Code that meets the requirements of the MP 5.7 – Residential Services Building Standard (PDF, 312KB) and that has been issued within the last 12 months by the local council
- provide an up-to-date copy of the Fire safety management plan, including evacuation drill records and maintenance of fire safety equipment records
- provide documentation that reflects any amended or new processes since the last accreditation.
If you need more information about residential service accreditation, you can:
- email regulatoryservices@chde.qld.gov.au
- phone 13 QGOV (13 74 68)
- contact Regulatory Services on (07) 3013 2666.
Also consider...
- Find out more about residential services accreditation and renewal through the Australian Business Licence and Information Service (ABLIS).
- Find out about the Building Act 1975 regulations.
- Read the healthy eating in supported accommodation toolkit.
Change of service provider or associate for a registered residential service
A service provider is the person operating the residential service. A change occurs when:
- the premises is sold and the service is continuing with a new service provider
- a new service provider joins with the current service provider
- there are a number of service providers and one is no longer involved in the operation of the residential service.
When there is a change, you need to:
- complete and sign an application to become a registered service provider of a currently registered residential service (change of service provider) (PDF, 391KB)
- pay a fee of $183.80
- complete a criminal history check and supply a National Police Certificate for each new service provider and any associates.
If you take over the operation of a residential service, officers from Regulatory Services will arrange to meet with you to review how you propose to manage the residential service.
Regulatory Services should be contacted if a service provider involved in the operation of the residential service dies.
Lodge your application and required documents by:
- email regulatoryservices@chde.qld.gov.au
- or
- mail to:
Regulatory Services
PO Box 690
BRISBANE QLD 4001
Changing an associate of an existing residential service
An associate is described as an Executive Officer of the Corporation listed as the service provider or an individual who manages the service on behalf of the service provider and makes business decisions on their behalf.
To add a new associate, you should:
- complete and sign a Form 6 – Change of an associate (PDF, 241KB)
- complete a criminal history check and supply a National Police Certificate for each new associate
- provide any changes to the criminal history.
To remove an associate, you should complete and sign a Form 6 – Change of an associate (PDF, 241KB).
Changing service providers
If you are changing the service provider, you should complete an application to become a registered service provider of a currently registered residential service (PDF, 391KB).
You can find information about how to register as the new service provider of an existing service, including the fees and what documentation you need on ABLIS (Australian Business Licence and Information Service).
Other changes that affect the continued registration of your residential service may include:
- renovations or significant damage that results in the destruction of your registered premises
- addition of premises to your existing registration
- changes to the criminal history of your service provider or associate.
Contact Regulatory Services for more information if any of these circumstances apply to you.
If you need more information about changing service providers or associates of an existing service you can:
- email regulatoryservices@chde.qld.gov.au
- phone 13 QGOV (13 74 68)
- contact Regulatory Services on (07) 3013 2666.
Also consider...
- Read more about becoming a service provider for a residential services on ABLIS (Australian Business Licence and Information Service).
Providing medication assistance
If you are a residential service that is assisting a resident with their medication, the Guideline for medication assistance (PDF, 1.6MB) will support you to develop policies and procedures, implement safe practices and to minimise the risk of harm from inappropriate use of medication.
The guideline includes important information about medication assistance including:
- written consent, privacy and confidentiality
- staff training
- medication storage, handling and labelling
- the safe disposal of medications
- medication incidents
- quality use of medicines activities.
Accreditation for assistance with medication
You must comply with the guideline to demonstrate your suitability for accreditation as a level 3 residential services provider.
You must be accredited at level 3 to provide a personal care service when operating a residential service.
Assistance with medication falls under the accreditation matter 'assistance with medication' as outlined in the Residential Services (Accreditation) Regulation 2018 (the Regulation).
You will be assessed against the following criteria during an accreditation assessment for level 3 services:
- the extent to which you provide the personal care service in a way that meets the individual needs of the residents the service is provided to, protects their interests and maintains and enhances their quality of life generally
- the suitability of the staff members providing the personal care service.
The Medication assistance compliance checklist (PDF, 176KB) can help you identify areas needing attention to ensure you are appropriately assisting residents with medication. It is recommended you complete the checklist to assess compliance prior to any accreditation or renewal audit.
For more information regarding your accreditation obligations, read the Residential Services (Accreditation) Act 2002 and Residential Services (Accreditation) Regulation 2018.
Medication assistance forms
Written request/consent for assistance with medication (PDF, 127KB)
You must ensure you obtain an initial request (in writing) from the person requiring assistance with their medication. Alternatively, if a person requiring assistance has impaired decision-making capacity, a substitute decision maker as defined under the Powers of Attorney Act 1998 and Guardianship and Administration Act 2000 may request assistance in writing on behalf of the resident.
Medication record (PDF, 170KB)
You must keep a record of the daily living, medical or health supports required by each resident. A Medication Record must accurately reflect the medication assistance provided to residents.
Medication distribution record (PDF, 193KB)
A Medication distribution record should be used for accurate and timely recording of each occasion where medication assistance is provided.
Staff training record (PDF, 143KB)
Training records must be maintained for all staff. You must ensure that staff are given training in the policies and procedures for assisting with medication, obtaining and storing medication, familiarisation with packaging and labelling, and the completion of medication records.
Medication incident report form (PDF, 122KB)
A medication incident is any preventable event that may lead to inappropriate medication use or result in harm from medications, and may include a mistake with medication, or a problem that could cause a mistake with medication.
As soon as possible after an incident, but no later than by the end of the shift, all medication incidents must be recorded on a Medication Incident Report Form
Medication record (temporarily off-site) (PDF, 171KB)
The Medication Record (Temporarily Off-site) should be used to document each occasion where medication is provided for the resident to use when off-site (e.g. a social outing).
If you need more information about providing a personal care service, you can:
- email regulatoryservices@chde.qld.gov.au
- phone 13 QGOV (13 74 68)
- contact Regulatory Services on (07) 3013 2666.
Also consider...
Forms for residential service operators
Use these forms to meet your obligations as a residential service provider under the Residential Services (Accreditation) Act 2002.
Registration and accreditation
Form 1 and notes – Application for registration of a residential service (PDF, 363KB)
The service provider completes this form to register the residential service.
Form 2 and notes – Application for accreditation of a residential service (PDF, 315KB)
The service provider completes this form to apply for the accreditation of a residential service.
Form 3 and notes – Application for renewal of accreditation of a residential service (PDF, 345KB)
The service provider completes this form to apply for a renewal of accreditation of a residential service, this form must be completed before the accreditation expires, but not more than 3 months before the expiry date.
Form 4 and notes – Application to become a registered service provider of a currently registered residential service (change of service provider) (PDF, 391KB)
This form must be completed when the following changes occur with a residential service:
- the premises is sold and the service is continuing with a new service provider
- a new service provider joins with the current service provider
- there are a number of service providers and 1 is no longer involved in the operation of the residential service.
Notification of changes
Form 6 and notes – Notification of commencement of an associate (PDF, 241KB)
This form must be completed when there is a change of an associate of an existing residential service.
An associate is described as an Executive Officer of the Corporation listed as the service provider who takes part in the management of the service. An associate is also an individual who makes decisions that influence the operation of the service or the health, safety or other interests of residents in the service on behalf of the service provider.
Form 7 and notes – Notification of other changes (PDF, 346KB)
Use this form to notify about other changes, as required under sections 64, 67 and 69 of the Residential Services (Accreditation) Act 2002. This includes any matter that may be relevant to the continued registration of the residential service.
Form 8 and notes – Notification of a death of a resident (PDF, 300KB)
Service providers must complete this form to notify the chief executive within 7 days of the death of a resident in a level 3 service.
Applications for review of decision
Form 5 – Application for review of decision (PDF, 112KB)
If you disagree with a 'reviewable decision' of the chief executive under the Residential Services (Accreditation) Act 2002 you can complete this form within 28 days the decision made.
Application for review of decision – Fair Trading Inspectors Act 2014, section 74 (PDF, 208KB)
Use this form to apply for a review of a decision about seizure or forfeiture to the state of a thing made by a Fair Trading Inspector.
Medications
Written request/consent for assistance with medication (PDF, 127KB)
Service providers must ensure they obtain an initial request (in writing) from the person requiring assistance with their medication. Alternatively, if a person requiring assistance has impaired decision-making capacity, a substitute decision maker as defined under the Powers of Attorney Act 1998 and Guardianship and Administration Act 2000 may request assistance in writing on behalf of the resident.
Medication record (PDF, 170KB)
Service providers must keep a record of the daily living, medical or health supports required by each resident. A medication record must accurately reflect the medication assistance provided to residents
Medication distribution record (PDF, 193KB)
A medication distribution record should be used for accurate and timely recording of each occasion where medication assistance is provided.
Staff training record (PDF, 143KB)
Training records must be maintained for all staff. You must ensure that staff are given training in the policies and procedures for assisting with medication, obtaining and storing medication, familiarisation with packaging and labelling, and the completion of medication records.
Medication incident report form (PDF, 122KB)
A medication incident is any preventable event that may lead to inappropriate medication use or result in harm from medications, and may include a mistake with medication, or a problem that could cause a mistake with medication.
As soon as possible after an incident, but no later than by the end of the shift, all medication incidents must be recorded on a medication incident report form.
Medication record (temporarily off-site) (PDF, 171KB)
This record should be used to document each occasion where medication is provided for the resident to use when off-site (e.g. a social outing).
Medication assistance compliance checklist (PDF, 176KB)
This checklist can help you identify areas needing attention to ensure service providers are appropriately assisting residents with medication. It is recommended service providers complete the checklist to assess compliance prior to any accreditation or renewal audit.
Disability accommodation service providers
Until recently, if you received funding under the Disability Services Act 2006 to run your accommodation service, you were likely exempt from registering as a residential service under the Residential Services (Accreditation Act) 2002.
The introduction of the National Disability Insurance Scheme (NDIS) and changes to funding sources mean this exemption no longer applies. Providers of disability accommodation may now fall under the terms of the Residential Services (Accreditation) Act 2002 and may be required to register as a residential service.
Find out if your service needs to register
- Complete a self-assessment form, detailing each location where you offer disability accommodation services. The form will provide an initial assessment indicating if you need to register. Email regulatoryservices@housing.qld.gov.au to request a self-assessment form, if you have not already received one.
- Return your completed form to regulatoryservices@housing.qld.gov.au with the subject line 'DAP – name of your organisation'.
We'll review your form and let you know if you need to register any of your properties, and if so, provide you with the registration and accreditation process.
We may ask for more information or conduct inspections if it's not clear whether a property needs to be registered.
Timeframes
Due to the large number of providers and properties to be assessed, it's likely there will be a delay before all self-assessment forms are received and processed. There will be no penalties for organisations waiting on assessment.
If you don't return your self-assessment form
If you don't return the self-assessment form, we will not be able to assess your need to register as a residential service. This may mean that your service is operating as an unregistered service. Operating an unregistered residential service is an offence under section 9(1) of The Residential Services (Accreditation Act) 2002 Act and can attract a penalty of up to 200 penalty units.
Watch our webinar for more information about whether you need to register your disability accommodation service and how to register.
Registering as a residential service
Read the definition of a residential service and the accommodation services that are exempt from being residential services.
All residential services must apply for registration and accreditation with the Queensland Government.
The number of 4 or more residents in the definition of a residential service is based on rooms available for occupancy by individual residents. Therefore, if the building has 4 rooms available for occupancy, it may be captured as a residential service.
If a service provider has multiple locations, it is the sum of all available rooms that is counted. For example, a provider who has 2 rooms in 1 property and 3 in a second property may need to register as a residential service.
Each property is registered separately. If 1 property does not achieve registration, it will not affect the registration of another property—the status of 1 property will not impact the others.
Accommodation services that may not require registration
In addition to the accommodation services that are exempt from being residential services, the following may not require registration as a residential service:
- A property with a single tenancy agreement where residents share the whole premises (e.g. a share house) is not considered to be a residential service, even if residents receive support services.
- Supported Independent Living providers offering accommodation services with fewer than 4 participants does not need be registered if there is only 1 property.
- Properties accommodating children with disabilities in the care of the state are not required to be registered if the service is conducted by the Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships or using funding provided under the Disability Services Act 2006.
- If you provide an accommodation service using a property owned by the Department of Housing, Local Government, Planning and Public Works, you are not required to apply for registration as an exemption applies to a funded service under the Housing Act 2003.
If you received capital funding under the Disability Services Act 2006, we will make an assessment on whether your exemption under section 4(5)(i) of the Residential Services (Accreditation) Act 2002 continues to apply or whether you will need registration as a residential service. This will depend upon the specific provisions contained within the capital funding agreement.
Email regulatoryservices@housing.qld.gov.au or phone (07) 3013 2666 if you need more information about disability accommodation service provider registration.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021