Page 2326 - Week 07 - Thursday, 27 August 2020

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[2.7]Section 71EJ (2), new example

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3 A student accommodation provider states in an occupancy agreement that if the student welfare officer has reasonable concerns about the welfare of an occupant, the officer may give notice by knocking 3 times on the occupant’s door and, if there is no answer, may enter the room to check on the occupant’s welfare. If the occupant is not in the room, the agreement states the officer will leave a written note telling the occupant when and why the officer entered the room and the officer’s contact details.

[2.8]Section 71EK (2), new example

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4 whether the accommodation is provided for a particular group of people such as students studying at a university

[2.9]New section 71EK (3A)

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(3A) However, if an occupancy agreement may be terminated under a university requirement—

(a) subsection (2) does not apply; and

(b) for subsection (3)—the parties may also terminate the agreement as permitted or required under the university requirement.

[2.10]New section 71EK (6)

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(6) In this section:

university requirement—see section 71EA (5).

[2.11]New section 73 (2) and (3)

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(2) However, for an occupancy agreement to which a university dispute resolution procedure applies, a dispute is an occupancy dispute only if the parties have been unable to resolve the dispute within a reasonable time under the university dispute resolution procedure.

(3) In this section:

university dispute resolution procedure means a dispute resolution procedure authorised under the Australian National University Act 1991 (Cwlth) or the University of Canberra Act 1989.

[2.12]New section 74 (2) and (3)

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(2) To remove any doubt, section 73 (2) does not require an occupant to attempt to resolve an occupancy dispute under a university dispute resolution procedure before making a complaint under the Human Rights Commission Act 2005.

(3) In this section:

university dispute resolution procedure—see section 73 (3).

[2.13]Dictionary, new definition of education provider

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