REGULATORY SERVICES UNIT

Regulatory Services administers legislation that impacts on providers of manufactured homeowners and residential parks. It operates under the Department of Housing.

The Regulatory Services Unit is responsible for regulating providers of residential services in manufactured parks and retirement villages. The unit also investigates complaints and prosecutes alleged breaches of the Manufactured Homes (Residential Parks) Act 2003 (Qld) (MH Act) and the Retirement Villages Act 1999 (Qld).

This includes registering and performing compliance checks on providers under each piece of legislation as appropriate.

The Executive Director of Regulatory Services As Queensland Registrar, administers the National Regulatory System for Community Housing in Queensland. Additional responsibilities include the regulation of residential services, manufactured homes and retirement villages under state schemes.

Find out more about the Queensland Registrar.

Objectives

The Regulatory Services branch has the following 3 objectives:

Residential Services

Residential Services regulates the retirement villages, manufactured parks and residential services industries by:

  • delivering regulatory services under the Residential Services (Accreditation) Act 2002, Manufactured Homes (Residential Parks) Act 2003 and the Retirement Villages Act 1999.
  • exercising powers under the Fair Trading Inspectors Act 2014.
  • developing and implementing effective state-wide accreditation and compliance programs to protect the health, safety and basic freedoms of residents in residential services, manufactured homes and retirement villages.
  • undertaking timely investigations of complaints or other matters raised with the department.
  • enforcing legislative compliance and regulatory requirements including prosecution of offences.
  • driving continual improvement in both the regulation of industry and with industry compliance.
  • maintaining registers and links to those registers.

Making a Complaint to Regulatory Services

If you are concerned that the park owner or village operator is breaching their obligations, you can make a complaint directly to Regulatory Services.

The contact details for Regulatory Services are:

GPO Box 690 Brisbane QLD 4001

Tel: (07) 3008 3450

Fax: (07) 3008 5960

email: regulatoryservices@chde.qld.gov.au

Regulatory Services prefer to receive complaints in writing, and, at a minimum, your complaint should include:

  • your name and contact details.
  • the name and address, and details of the park you are making the complaint about.
  • all key facts (times/dates/places/incidents/who was involved).
  • copies of relevant documents or evidence to support your complaint (eg. your site agreement, residence contract, photographs, letters, witness statement, supporting documents such as you site agreement, reports and anything that can make your case more solid).
  • any action that you have taken so far to try and resolve the matter. Again the dates, who you contacted, their response, outside input such as quotes or reports by people who may have been involved.

If you contact them, DO SO in writing so that there is a complete record of your communications. Phone calls do not give you this and though you may want to just get a quick answer you will find they may not listen or will defer you to send it in by email or post, or refer you to Caxton as they do not want to deal with it. Make your case and stand firm on getting a response from the RSU. AMHO can assist you with this and with dealing with the outcome of the complaint.

Action can be taken against residential park owners or managers who breach the Act. This action may include:

  • an infringement notice.
  • entering into an undertaking (written agreement that you will not continue to repeat any act or omission against the MH Act).

In some circumstances, a park owner of a manufactured home park or village operator of a retirement village may be fined for breaching certain sections of the relevant Act. After investigating a complaint, Regulatory Services can commence a prosecution or make the park owner or village operator enter into an agreement to rectify the issue.

Time Limits

If you wish to make a complaint to Regulatory Services, you should do so as soon as possible. This is because there are time limits under the RV Act and MH Act within which Regulatory Services must commence prosecution proceedings.

Generally, prosecution proceedings must be commenced within one year after the offence was committed. Alternatively, proceedings must be commenced within six months of the offence having come to your knowledge, but within two years of the offence being committed.

WHO IS THE INFOMATION FOR?

This factsheet is intended to assist residents of manufactured home parks who believe the park owner may have breached the MH Act

If you are unsure if the park owner or village operator has breached the relevant Act, you should get legal advice or contact Alliance of Manufactured Home Owners (AMHO) who can provide advice about whether the park owner’s or village operator’s conduct is in breach of any area in the Act.

Disclaimer

This information is intended only as a guide. It is not a substitute for legal advice.

No responsibility is accepted for any loss, damage or injury, financial or otherwise, suffered by any person acting or relying on information contained in or omitted from this publication.