Residential Services (Accreditation) Act 2002

The administrator appointed to a registered service may give to a resident a notice, in the approved form, requiring the resident to pay to the administrator a rental payment due to the service provider under the accommodation agreement.

On the making of a requirement under subsection (1), a requirement under the accommodation agreement to make the rental payment to the service provider is taken to be a requirement to make the payment to the administrator.

If the resident breaches the accommodation agreement by failing to make the rental payment to the administrator, the accommodation Act, sections 75(3), 77, 78 and 116 apply to the breach as if a reference in those provisions to the service provider were a reference to the administrator.

The administrator may require the payment of amounts under subsection (1) only to the extent the administrator reasonably requires to carry out the administrator’s function.

For each payment received from a resident under this section, the administrator must—

give to the resident a receipt complying with the accommodation Act, section 18; and

make a copy of the receipt or make another appropriate written record of the payment.

The administrator may apply an amount received under this section only in carrying out the administrator’s function.

If the administrator stops being satisfied an amount received under this section is needed to carry out the administrator’s function, the administrator must immediately pay the amount to the service provider.

At the end of the administrator’s appointment, the administrator must give to the service provider any remaining amount received under this section.

Subsections (7) and (8) apply subject to section 98.

In this section—