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 clothing and toiletries exemption) from the requirements under regulation 12(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 clothing and toiletries to be provided by the licence holder; and

details of a proposed reduction in charges for residents of the hostel to reflect that clothing and toiletries are not provided by the licence holder.

The CEO may approve a clothing and toiletries exemption for a hostel if satisfied that —

the residents of the hostel do not require clothing and toiletries to be provided by the licence holder; and

the proposed reduction in charges is appropriate; and

the clothing and toiletries exemption is appropriate in all of the circumstances.

If the CEO grants the clothing and toiletries exemption, the CEO —

must grant the clothing and toiletries 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 clothing and toiletries 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 clothing and toiletries exemption is subject in the written notice to the licence holder; and

if the decision is not to grant the clothing and toiletries 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.