Queensland Subordinate Legislation as Made

RESIDENTIAL TENANCIES AND ROOMING ACCOMMODATION (COVID-19 EMERGENCY RESPONSE) REGULATION 2020 - REG 55

55 Restriction on provider or provider’s agent entering resident’s room

(1) This section applies in relation to the following grounds for entry to a resident’s room by a provider or provider’s agent—

(a) to carry out an inspection (Act, s 258 );

(b) to enter for any of the following reasons (Act, s 259 )—

(i) to clean the room;

(ii) to carry out pest control in the room;

(iii) to make routine repairs to, or carry out maintenance of, the room or another part of the rental premises;

(iv) to show the room to a prospective buyer or resident;

(v) to allow a valuation of the rental premises to be carried out.

(2) The provider or provider’s agent must not enter the resident’s room on a ground mentioned in subsection (1) if—

(a) a person in the room is subject to a quarantine direction; or

(b) the provider or agent is subject to a quarantine direction; or

(c) the entry would contravene a public health direction; or

(d) the resident refuses entry to the room because the resident, or another person staying in the room, is a vulnerable person.

(3) The provider’s agent can refuse to enter the resident’s room if the agent reasonably believes the entry would contravene subsection (2) .

(4) To remove any doubt, it is declared that—

(a) the rules of entry continue to apply other than to the extent entry is prohibited under subsection (2) ; and

(b) the resident may refuse entry to the provider or the provider’s agent if the entry would contravene subsection (2) ; and

(c) the following grounds for entry are not affected by this section—

(i) if the resident agrees (Act, s 257 );

(ii) in an emergency (Act, s 260 );

(iii) if the provider reasonably believes the room has been abandoned (Act, s 260 );

(iv) to carry out urgent repairs to the rental premises or a facility in the rental premises (Act, s 260 ).

(5) This section overrides sections 258 and 259 of the Act to the extent of the inconsistency between this section and those sections of the Act .