Private Hospitals (Licensing and Conduct of Private Psychiatric Hostels) Regulations 1997

The licence holder of a hostel may apply to the CEO for an exemption (a food exemption) from the requirements under regulation 10(1) for the hostel.

The application must be in writing and set out —

the reasons the licence holder is applying for the exemption, including evidence that the residents of the hostel do not require food to be provided by the licence holder because the residents are able to provide their own food; and

details of a proposed reduction in charges for residents of the hostel to reflect that food is not provided by the licence holder.

The CEO may approve a food exemption for a hostel if satisfied that —

the residents of the hostel do not require food to be provided by the licence holder because the residents are able to provide their own food; and

the proposed reduction in charges is appropriate; and

the food exemption is appropriate in all of the circumstances.

If the CEO grants the food exemption, the CEO —

must grant the food exemption subject to the condition that the licence holder of the hostel reduces the charges in accordance with the reduction set out in the application; and

may grant the food exemption subject to other conditions.

After making a decision under subregulation (3), the CEO must —

give the licence holder written notice of the CEO’s decision; and

set out the conditions to which the food exemption is subject in the written notice to the licence holder; and

if the decision is not to grant the food exemption, or grant the exemption subject to conditions under subregulation (4)(b) — set out the reasons for the decision in the written notice to the licence holder.