Conditions of Residency for MRS Accommodation Complexes

As at 1 January 2023

Printable version

Part 1 – PRELIMINARY

• Commencement
• Service
• Definitions

Part 2 – RESIDENCY AGREEMENTS

• 1. General Requirements
  • Allocation of accommodation
  • Length of Residency Agreement
  • Summer period
• 2. Debts to MRS
• 3. Additional costs and charges
• 4. Roles and responsibilities of the Head

Part 3 – RIGHTS AND RESPONSIBILITIES OF RESIDENTS AND OF MRS

• 5. Responsibilities of Residents
• 6. MRS’ limitation of liability and reservation of rights
  • Limitations on MRS’ liability
  • Personal property of Residents
  • Rights that can be exercised by MRS
• 7. Resident Responsibilities for Health, Safety, Security and the Environment
• 8. Maintenance and Damage
• 9. Visitors/guests and Subletting
• 10. Right of Entry to Resident’s Accommodation

Part 4 – RESIDENT BEHAVIOUR

• 11. Residential Community Standards
  • Reporting and notifying allegations
• 12. Managing allegations
  • Categories
  • Safety measures
• 13. Minor Breach Procedure (for Category 3 allegations)
• 14. General Breach Procedure (for Category 2 allegations)
• 15. Serious Breach Procedure (for Category 1 allegations)
• 16. Appeal of a decision following a finding of breach of conditions of residency
  • Appeal process (for findings and sanctions other than eviction)
  • Appeal process (for decision to evict)

---

INTRODUCTION

Living in a residential community

Monash Residential Services (MRS) provides a living and learning environment for the Monash University community in which Residents are required to act with the best interests of fellow Residents in mind.

By accepting an offer to take up residency, Residents agree to respect the basic philosophy of MRS and agree to comply with the standards, terms and conditions outlined in the Residential Community Standards.

As a member of the MRS residential community, Residents' behaviour should not impact adversely on the living environment of the MRS community. Tolerance, acceptance, and respect for others and their rights and freedoms are a primary concern, as is the protection of their health, wellbeing, and personal safety. Living in a residential community requires an attitude of acceptance, an ability to compromise and seek common ground and for all Residents to contribute to and support a residential community that meets the MRS Mission Goals.

The establishment and maintenance of a strong sense of community requires careful thought and deliberation by all members of the residential community. Questions we ask members of the residential community include:

• How do we define acceptable behaviour?
• What are behaviours which I require of others in a community, and what behaviours of mine should they reasonably expect (knowing there will always be compromises in both my expectations of myself and of others)?
• How do we identify and clarify the tolerance threshold for Resident behaviour?
• At what point does an individual's eccentricity and our own deference to tolerance give way to the need for containment and control?
• How do we understand the difference between unacceptable behaviour and an unacceptable Resident?

An appropriate answer to these questions might be as simple as “when the behaviour has a negative impact on others.”

Noise

The most common complaint in a communal residential setting is noise. As such, Residents are expected to keep noise to a minimum and to demonstrate courtesy and consideration for others.

Noise that is disruptive to others is prohibited both inside and outside Accommodation Complexes, including the courtyard and surrounding areas. If noise is reasonably deemed to be bothering one person (taking into account the time, place and type of noise) it is too loud. If noise can be clearly heard outside a Resident's room, it is too loud. Residents are expected to respond courteously to requests to reduce noise and to act courteously to any request for a noise reduction.

Child Safe Standards

MRS is committed to the safety and protection of all children and young persons involved in MRS activities. It is important that children feel and are safe, and their voices are heard on decisions that affect them. All individuals representing MRS have a responsibility to understand the role they play to ensure the safety, protection and empowerment of children. This includes our commitment to protect children from abuse, including physical violence, sexual abuse, serious emotional or psychological abuse and serious neglect.

For further information, refer to Monash University’s Child Safe Standards Framework.

---

Part 1 – PRELIMINARY

Commencement

MRS reserves the right to change these Conditions of Residency at any time. Changes to the Conditions of Residency come into operation on the day on which they are published on the MRS website, or such later date specified by MRS. MRS will notify Residents when a new version of the Conditions of Residency is published.

Service

Any notice under these Conditions of Residency may be delivered to the Resident personally, or delivered to the Resident’s room, or delivered to the Resident’s mailbox within their Accommodation Complex, or sent to the Resident’s email address as recorded on MRS and/or Monash University database systems. A notice will be deemed to have been served on the date on which it is delivered or emailed.

Definitions

“Accommodation Complex” means a building, hall, apartment or other complex operated by MRS for the purpose of providing accommodation to students.

“Allegation” means an alleged or suspected breach of the Residential Community Standards.

“Assistance Animals” means assistance animals that are trained to alleviate the effect of the disability, as defined by the Disability Discrimination Act 1992 (Cth) (noting that the courts have distinguished between comfort/companion animals which by their mere presence may alleviate stress or anxiety and assistance animals which are specifically trained to alleviate the effect of a disability, and that this definition only applies to the later).

“Director MRS” means the person occupying or acting in the position of Director of Monash Residential Services or their representative, nominee or delegate.

“General Misconduct” means conduct which is contrary to accepted standards of behaviour as defined in Regulation 30(3) of the Monash University (Council) Regulations.

“Head” means the Head of an Accommodation Complex (or any person acting in such position from time to time).

“MRS” means Monash Residential Services, an operating division of Monash University.

“MRS Appeal” has the meaning given to it in section 14.1.

“Nominated Investigator” has the meaning given to it in section 13.9.

“Notice to Vacate” is a formal notice that requires a resident to vacate their accommodation, taking all personal effects, and leaving the premises in a safe and clean state.

“Residency Agreement” means an agreement issued by MRS to enable a student to take up residency at an Accommodation Complex.

“Resident” means a student who has signed a Residency Agreement that has commenced but not terminated.

“Resident’s Accommodation”:

• (a) in a traditional hall of residence (Residential Village Clayton) - means a Resident’s bedroom;
• (b) in a shared apartment (South East Flats and Peninsula Residential) - means a Resident’s bedroom; and
• (c) in a block of apartments (Urban Community Clayton and Peninsula Residential) - means a studio apartment.

“Residential Community Standards” means:

• (a) the requirements set out in these Conditions of Residency;
• (b) Residential Hall handbooks provided to Residents on or before arrival;
• (c) MRS rules, MRS Resident Resources, and MRS policies and regulations published on the MRS website;
• (d) the Residency Agreement between the Resident and MRS; and
• (e) applicable provisions of the Monash University Statute, its regulations and University policies and procedures, all as in force from time to time.

“Responsible Officer for General Misconduct” means the member of staff of the University who is specified by the Vice-Chancellor as the Responsible Officer for General Misconduct.

“Student Leadership Position” means one of the following roles:

• (a) Resident Advisor;
• (b) Hall Society Executive;
• (c) Orientation Team Member or Executive;
• (d) MRS Residents Committee Executive; or
• (e) other MRS Leadership Positions as listed under MRS Scholarships

“Synthetic drugs” means drugs whose origins are not primarily organic but are produced via chemical synthesis to mimic the effects of illegal drugs.

---

Part 2 – RESIDENCY AGREEMENTS

1. General Requirements 

1.1 General eligibility for residency, offers of residency, the allocation of accommodation and the rights of Residents to occupy or continue to occupy any accommodation at an Accommodation Complex are all governed by the MRS Admissions Policy.

1.2 By entering into a Residency Agreement, Residents agree that they are bound by, and agree to comply with the Residential Community Standards at all times, including:

• (a) whilst on MRS or Monash University premises (including but not limited to an Accommodation Complex);
• (b) whilst attending events sanctioned or organised by MRS or by individual Accommodation Complexes; or
• (c) where behavior by a Resident outside MRS premises seriously impacts or could seriously impact the safety or wellbeing of one or more Residents.

1.3 No person shall be considered for residency in an Accommodation Complex if they have previously been evicted from MRS accommodation or have received two formal written warnings regarding their behaviour during a previous residency period in an Accommodation Complex. Special consideration may be given to previous Residents or a Resident who has received two formal warnings, on a case by case basis at MRS’ absolute discretion.

Allocation of accommodation

1.4 Resident accommodation allocations are made at MRS' absolute discretion (including studio apartment accommodation).  At any time during a Resident's residency, MRS may transfer the Resident (without giving reasons) to alternative accommodation in either the same Accommodation Complex or another Accommodation Complex on the same campus. Residents will be given reasonable notice if MRS intends to transfer the Resident to other accommodation.

1.5 In the event of an emergency, MRS reserves the right to transfer Residents to another Accommodation Complex on any campus. This ensures the safety of all Residents and ensures the emergency is dealt with in a prompt and effective manner.

Length of Residency Agreement

1.6 All accepted offers of residency are valid for the term contained in the Residency Agreement between the Resident and MRS.

1.7 All Residents are required to vacate their accommodation by the end of their Residency Agreement, remove all of their property and return the Resident’s Accommodation and MRS property in a clean, tidy and vacant condition and otherwise in the same condition as at the date that they moved into the Resident’s Accommodation (fair wear and tear excepted). If the Resident has entered into a new Residency Agreement and MRS has confirmed that the Resident is permitted to continue occupying the Resident’s Accommodation then section 1.6 will apply at the end of that further right to occupy.

Summer period

1.8 Residents who wish to extend their stay over the summer period (being December and January) must apply for permission to do so by completing a summer application online via the applicable MRS form. Residents should consider that annual maintenance takes place during the summer period and, as a result, services provided to Residents are reduced and Residents may be required to move to alternate accommodation. Noise levels from maintenance works may increase during this period and Residential programs reduce for Residents who stay over the summer. There is no reduction in accommodation charges to Residents during this period. All Residents must sign a Residency Agreement to stay over this summer period.

2. Debts to MRS

2.1 A Resident who has not paid rent within seven days of the due date will be given a notice to vacate. If MRS does not receive full payment of the overdue account by the due date specified in the notice to vacate, then the Residency Agreement will terminate and the Resident will be required to vacate their accommodation and leave the accommodation in a clean and tidy condition.

2.2 If as a result of an overdue account or misconduct a Resident is required to vacate their accommodation, the Resident will remain responsible for the payment of rent for the duration of their Residency Agreement or until such time that another Resident takes over occupation of the applicable Resident’s accommodation (whichever comes first).

2.3 If a Resident fails to pay their residency account fees, which includes any charges or fines, Monash University may place an encumbrance on their student account. An encumbrance will prevent the Resident from accessing the library, computer or enrolment services, or their exam results. Residents will also be unable to request academic records (transcripts) or graduate. Full payment of the debt is required to remove the encumbrance and reinstate access to these services.

3.  Additional costs and charges

3.1 Residents must:

• (a) treat all furniture, furnishings and property belonging to MRS with consideration and care and pay for the replacement and/or repair costs of any damage the Resident causes to MRS furniture, furnishings and property to return the furniture, furnishings and property to their condition before damage;
• (b) pay the cost associated with any impact or damage to a residence as a result of a breach of these Conditions of (c) Residency, e.g. smoking;
• (d) pay or reimburse MRS the amount of 10% of full the cost of the charges imposed by Fire Rescue Victoria for the attendance in response to a false alarm where MRS determines, acting reasonably, that the resident and/or their visitor/guest activated the fire alarm by their inappropriate act or omission (whether wilful or negligent);
• (e) pay costs associated with additional cleaning of their room/studio/flat/house.

4. Roles and responsibilities of the Head

4.1 The Head (or their nominee) is responsible for all aspects of administration within each Accommodation Complex. The Head may enforce rules concerning behaviour and discipline and exercise disciplinary authority over all Residents of their Accommodation Complex. The Director MRS may take any action a Head may take.

4.2 The capacity of the Head to manage their particular Accommodation Complex extends to the conduct of Residents in the circumstances set out in Section 1.2.

4.3 The Head is entitled to develop and enforce specific rules and behavioural expectations for their particular Accommodation Complex. These rules and behavioural expectations are in addition to the Residential Community Standards, which apply to all MRS Accommodation Complexes.

4.4 From time to time, difficult issues of an interpersonal nature may arise in an Accommodation Complex.  These might manifest as personal conflict within a Resident’s Accommodation, such as an underlying clash of personalities and/or the interaction between Residents and visitors/guests of other Residents living within the Resident’s Accommodation.  An underlying current of disharmony may surface which may, after investigation, require a Head to take action to achieve an appropriate community living environment, with consideration to both the individual Residents and the wider residential community.

4.5 The Head may direct a Resident(s) to attend a formal mediation session and/or conciliation session. Where so directed, the Resident must attend and participate in the mediation and/or conciliation session, and make reasonable efforts to resolve the conflict. If the mediation and/or conciliation session does not resolve the conflict, the Head may relocate a Resident to another room and/or another Accommodation Complex. A Resident who has been instructed in writing to move must do so within the time frame specified by the Head.

---

Part 3 – RIGHTS AND RESPONSIBILITIES OF RESIDENTS AND OF MRS

5. Responsibilities of Residents

5.1 Residents must:

• (a) obey the reasonable verbal and written instructions of the Head, Deputy College Head, Residential Support Assistant and Resident Advisors, as well as any other staff member/s of MRS or Monash University (such as Monash Security) who are acting reasonably in the interests of MRS and the wellbeing of Residents;
• (b) submit an application to the relevant Head via the Resident Online Portal (which may be rejected at the Head’s discretion) if the Resident wishes to:
  • (i) move from their allotted accommodation to another accommodation;
  • (ii) have a visitor/guest to stay in their room overnight, or be present in the Accommodation Complex between midnight and 7:00am, which in the case of a Resident aged under 18 years will also first require the approval of their parent or guardian;
• (c) obtain prior permission from the relevant Head, which may or may not be granted at the Head's discretion, if the Resident wishes to: 
  • (i) have a party or gathering and if granted, pay all costs associated with the party or function, including costs incurred by MRS which may include but are not limited to items such as security personnel, cleaning, rubbish removal and repairs. Any decision relating to the granting of permission for a gathering will be made with due consideration of the benefits to both the community and the Resident, as well as any potential detrimental impacts of the gathering, with the interests of the community taking priority;
  • (ii) access an Accommodation Complex other than where the Resident resides, unless they are accompanying a Resident of that Accommodation Complex as a guest.
• (d) participate to the best of their ability in the communal life of their Accommodation Complex, and to always show consideration for other Residents in their conduct;
• (e) for the purposes of community management and Residential support, inform their Head (by completing an MRS Absent from Residence form) if they will not be residing in their accommodation for a period of longer than 3 consecutive nights (e.g. for reasons of academic placement; holidays/travel; extended stay with family/friends). Residents under the age of 18 years must first obtain permission from their parent or guardian and inform the Head using the MRS Absent from Residence form prior to any overnight absence from their Accommodation Complex; and
• (f) complete MRS orientation and induction programs at the commencement of their residency, and at such other times during the residency required by MRS, so that they understand the MRS community expectations about matters such as what is acceptable behaviour within residences; interpersonal interactions; sexual consent; consumption of and attitudes toward alcohol; health and safety and any other foundations of the MRS community standards.
• (g) not initiate, contribute to or allow to continue any action which makes noise that disturbs other Residents where noise originating from but heard outside the confines of a Resident's accommodation (which in the case of shared accommodation, means the Resident’s bedroom) may be deemed to be excessive;
• (h) not possess, consume, or be under the influence of alcohol whilst in an MRS Accommodation Complex, or whilst attending a MRS event if they are under the age of 18 years, and if over the age of 18 years, not distribute alcohol to any person under the age of 18 years;
• (i) permit and not interfere with the reasonable use of any shared facilities by other Residents, including sleeping outside of a Residential room;
• (j) be responsible for all maintenance and software and/or system upgrades for their personal computers connected to the University computer network and ensure that they have installed and kept up to date virus protection and adequate firewall protection software to prevent intrusion by viruses, malware and unsolicited downloads;
• (k) keep the Resident’s Accommodation clean and surrender it in a clean state and in good order, and pay for costs necessary to clean it or to repair damage that exceeds fair wear and tear;
• (l) contribute to maintaining the cleanliness of all communal areas associated with their particular Resident’s Accommodation, including but not limited to areas such as self-catering kitchens, eating areas, lounge areas, common rooms, toilets, bathrooms, music rooms, games rooms, etc.;
• (m) not hang clothing or other items from windows or balconies that may be observed from outside the premises;
• (n) park vehicles in accordance with the Monash University Parking Rules and only park vehicles in areas designated as car parking bays that do not have signage restricting the use of the bays to authorised persons, such as MRS staff;
• (o) observe all Residential Community Standards, and other rules displayed in any area (common or private) of MRS property;
• (p) comply with all local council regulations, especially with regard to noise levels, parking and rubbish collections;
• (q) not conduct surveys involving other Residents without prior approval from the Director MRS; and
• (r) dress appropriately in all communal spaces (including bathrooms and kitchens). Although MRS does not have a particular dress code, Residents must always be mindful of other Residents and cultural differences. Residents must make every effort to not cause offence to others.

6. MRS’ limitation of liability and reservation of rights

Limitations on MRS’ liability

6.1 MRS accepts no liability for any loss and/or damage and/or corruption to data, software and/or hardware caused to a Resident's electronic device as a result of it being connected to the Monash University network. MRS does not guarantee that a resident’s electronic device will connect/function appropriately on the University network.

6.2 MRS accepts no liability for any loss and/or damage to any Resident’s clothing, books, electronic equipment or other personal items which are damaged whilst being used and/or stored in MRS accommodation, regardless of the cause of said damage or loss. Residents are strongly encouraged to obtain private insurance for their personal belongings whilst they reside in MRS accommodation.

6.3 To the extent permitted by law, MRS accepts no liability arising from a Resident’s loss of access to facilities or services, or any inconvenience incurred while the Resident occupies the residence.

Personal property of Residents

6.4 MRS is not responsible in any way for the safekeeping of or damage to Residents' belongings.

6.5 Belongings left in any common spaces may be disposed of by MRS. This includes (but is not limited to) belongings found in:

• (a) MRS Communal Fridges: Residents who use MRS communal fridges must ensure that all food is labelled with their name and dated.  Any food that is not labelled and/or out of date or belongs to a person who is no longer a Resident may be disposed of.
• (b) MRS Communal Kitchens: Residents who use MRS communal kitchens must not leave their personal equipment in any location other than kitchen lockers, cupboards and shelves.  Items stored in these places are not the responsibility of MRS.  Any items stored in kitchen lockers, cupboards and shelves must be clean and if food items, appropriately packaged.  Any item found in an MRS communal kitchen may be disposed of at any time for the purposes of cleaning, scheduled audit of communal spaces, or other reasons related to the management of the Residential complex.
• (c) MRS Laundries: Residents who use MRS laundries must ensure that their clothing is not left in any area other than drying racks and pigeon holes.  Residents may remove items from laundry equipment (if they remain after the completion of a wash/dry cycle) but must place them in appropriate drying racks/pigeon holes and where possible, inform the previous user of the location of the transferred items. Any item found left in an MRS laundry can be disposed of at any time.
• (d) Lost Property: Any lost/unclaimed property handed into the MRS office(s) will be held for a period of three months and Residents can reclaim their property from the applicable MRS office upon satisfying MRS staff of a legitimate claim to the property. Items not claimed are donated to a local charitable organisation, and in the case of identity documents and materials are handed over to local police.

Rights that can be exercised by MRS

6.6 MRS reserves the right to remove/dispose of any clothing, books, electronic equipment, bikes or other personal items which are left in communal areas which pose an issue to Occupational Health and Safety or obstruct the living conditions of other Residents including all common, bathroom and kitchen areas.

6.7 MRS reserves the right to remove/dispose of unregistered motor vehicles and their contents from MRS car parks and charge the Resident for the cost incurred by MRS in the removal/disposal.

6.8 MRS accepts no liability for the removal/disposal of unregistered motor vehicles and their contents.

6.9 MRS will not provide access to any residence to a third party unless the Resident provides prior written consent and appropriate identification is provided. MRS accepts no liability for any loss and/or damage to any Resident's clothing, books, electronic equipment or other personal items when access has been granted to a third party.

6.10 In the case of an emergency, the Director MRS reserves the right to contact the Resident's emergency contact to notify them of the emergency as well as pass on the emergency contact details to emergency services and/or medical service personnel if requested to do so.

6.11 If, upon vacating, a Resident leaves behind any items, property or rubbish in any part of the accommodation or communal areas, MRS reserves the right to dispose of such items, property or rubbish in any manner that MRS sees fit (in its absolute discretion) and to charge the Resident for the cost incurred by MRS for their removal or disposal.

7. Resident Responsibilities for Health, Safety, Security and the Environment

7.1 For reasons relating to health, safety and/or the environment, the following items are prohibited within an Accommodation Complex:

• (a) double adaptors and non-Australian power plugs for any electrical device (if an electrical device has been purchased outside Australia, an adapter must be purchased and used for all non-Australian power plugs);
• (b) personal heaters of any kind (eg. bar radiators, fan heaters, oil heaters, etc.);
• (c) portable air-conditioners and evaporative coolers;
• (d) the use of electronic oil diffusers, candles, incense or anything which generates a continuous naked flame or steam;
• (e) the use, possession, or storage of any kind of ammunition and/or weapon(s) or any other item (whether real or fake) that is capable of being used aggressively or for violent purposes or for the purpose of intimidating.  This includes but is not limited to missiles, fireworks, firearms, stun guns, daggers, knives with a fixed blade used for any purpose other than cooking, martial arts equipment, any device resembling a firearm, slingshots, spear guns, bows and arrows, explosives, laser pointing devices and Taser guns. The improper discharge of a chemical agent including, but not limited to, mace, pepper spray, or other aerosols is prohibited;
• (f) animals of any kind, subject to section 7.2;
• (g) the use of drones without University approval or, where approval has been granted, that is not in accordance with University procedure and policy;
• (h) 3-D printers, associated equipment and materials such as Acrylonitrile Butadiene Styrene (ABS), Polyethylene Terephthalate (PETT), nylon and Thermoplastic Elastomers (TPE);
• (i) chemicals and chemical agents including (without limitation) mace, pepper spray, aerosols and any chemicals that are being used or are likely to be used for dangerous purposes or for purposes other than ordinary personal or domestic use; and
• (j) Hazardous chemicals that are being used or are likely to be used for dangerous purposes or purposes other than ordinary personal or domestic use, are not permitted to be stored within Residential premises. Hazardous chemicals include:
  • (i) flammable or combustible liquids (such as paint thinner, ethanol, acetone, kerosene, motor oil, propane fuelled camping equipment);
  • (ii) corrosive liquids, acids and bases;
  • (iii) toxic chemicals and poisons;
  • (iv) oxidising chemicals, such as hydrogen peroxide;
  • (v)compressed gas cylinders (LPG or other gases);
  • (vi) explosives; and
  • (vii) dry ice.

7.2 Residents who require an Assistance Animal to live with and accompany them in MRS accommodation must notify MRS in writing at the time of applying for residency (or, if the requirement arises after an application for residency has been submitted or residency has been granted, prior to the animal being accommodated in MRS accommodation). In notifying MRS, the Resident must provide details of the Assistance Animal, including age and breed. MRS reserves all rights, including the rights set out under section 1.2, to allocate or reallocate accommodation to the Resident at MRS’ absolute discretion.

7.3 Residents are not permitted to cook food or boil water in their accommodation unless their accommodation design includes a designated kitchen area which has been approved by MRS for cooking.

7.4 Residents are permitted to cook food for personal consumption in approved kitchen areas provided all water heating appliances (including jugs, kettles and birkos) are fitted with an automatic cut-off switch.

7.5 Residents must protect all their electrical equipment by using an approved surge protector power board.  MRS is not responsible for damage to electrical equipment as a result of power surges/spikes/blow outs and/or disruption to electrical power supplies provided by external electrical companies.

7.6 Residents must:

• (a) cooperate with MRS Environmental initiatives at all times by actively reducing and/or recycling waste and conserving resources;
• (b) ensure that they do not compromise the security of any MRS buildings or premises and not leave unattended external doors, windows and window furnishings unlocked and/or open. This extends to not allowing persons who are not members of the Residential community access to MRS buildings or premises;
• (c) in the case of illness of any person, permit an authorised representative of MRS to obtain medical assistance and/or to send the unwell person to his or her home or to a hospital at the person's own expense;
• (d) immediately notify MRS upon becoming aware that the Resident has contracted or may have come into contact with an infectious condition or disease, including where the Resident is showing symptoms of an infectious condition or disease or where the Resident has been in contact with another person who is showing symptoms of or who has been diagnosed with an infectious condition or disease; and
• (e) in the circumstances provided for under section 7.6(d), comply with any request for information, requirement or direction from the Director MRS reasonably necessary to ensure the health and safety of Residents, staff and guests, including (without limitation) any requirement to be tested or assessed by a medical practitioner and to immediately provide (or have the medical practitioner provide) the results of that medical test or assessment to MRS

7.7 Where MRS is notified by a Resident or by a medical professional that a Resident has, or has been in contact with someone who has, an infectious condition or disease, the Resident must:

• (a) cooperate with MRS to discuss a suitable risk management plan for the infectious condition or disease; and
• (b) comply with any reasonably necessary directions from MRS, acting on advice from a medical professional, to manage the infectious condition or disease, including but not exclusively to relocate a Resident to alternative accommodation or require a Resident to remain absent from MRS premises and/or otherwise isolate themselves from other Residents for the period of time that a Resident is infectious.

7.8 If there is an event that affects or has the possibility of affecting the health and safety of Residents, including (but not limited to) a Declared Pandemic, a State of Emergency, a State of Disaster or other serious threat to health and safety, Residents must comply with all directions, orders, restrictions and mandates imposed by the Head or Director MRS or any municipal, statutory or government including (without limitation):

• (a) following procedures such as emergency evacuations and announcements, physical distancing, restrictions on gatherings or medical testing;
• (b) modifying behaviours or activities such as wearing of personal protective equipment and refraining or ceasing behaviours which may be in breach of the government restrictions;
• (c) modifying, vacating or ceasing entry, use or occupation of residences, communal spaces, areas or facilities within MRS including avoiding areas that have been identified as hazardous or dangerous; and
• (d) participating in educational programs or safety training and ensuring that the health and safety of MRS Residents and the local community is prioritised.

8. Maintenance and Damage

8.1 If a Resident's Accommodation or surrounding premises are for any reason either destroyed or damaged so that the accommodation becomes unfit for habitation, the Resident’s right to occupy the accommodation shall thereupon terminate and subject to section 8.2, MRS will endeavour to relocate the Resident to similar MRS accommodation and if no suitable accommodation is available, MRS will terminate the Residency Agreement.

8.2 If a Resident's Accommodation or surrounding premises are destroyed or damaged so that the accommodation becomes unfit for habitation, and such damage is caused or contributed by the act, omission or negligence of a Resident or a Resident’s guest, MRS will not be obliged to relocate the Resident.

8.3 Maintenance and refurbishment programs may occur during residency periods which may cause noise and/or disruption to residents. In planning maintenance or refurbishment activities, MRS endeavours to avoid key academic periods.

9. Visitors/guests and Subletting 

Visitors/guests

9.1 All MRS accommodation is offered as single occupancy.  Residents are permitted visitors and guests – under the expectation that any guests will not negatively impact the wider Residential community. In considering requests for overnight guests, the Head will consider the accommodation’s style and the potential impact of guests within the community (and smaller Residential groupings within the complex).

9.2 Residents must be responsible for the behaviour of their visitors/guests within residences, communal areas and at any MRS functions and events.

9.3 All guests, other than guests staying overnight in accordance with section 5.1(b)(ii), are expected to leave by midnight.

9.4 Residents must only allow one visitor/guest to stay in their accommodation overnight and then, only where the Resident has submitted an application to the Head with 24 hours notice under section 5.1(b)(ii), and only allow the visitor/guest to stay overnight for a maximum of two consecutive nights (to the extent of the permission granted by the Head) in a week on an irregular basis.

9.5 Residents previously evicted from MRS accommodation are not permitted as a visitor and/or guest in MRS' residences or to attend MRS functions/events (on or off campus) unless authorised by the Director MRS.

9.6 Overnight guests who have been approved by the Head under section 5.1(b)(ii) must not be under 18 years of age.

Subletting

9.7 Residents must not assign or sub-let or otherwise part with possession of their accommodation without the prior written consent of MRS which consent may or may not be granted at MRS' absolute discretion.

9.8 Residents must not permit or allow any other person to take up residence in the accommodation and must only use the accommodation for Residential purposes

10. Right of Entry to Resident’s Accommodation

10.1 MRS reserves the right of entry into Resident accommodation by approved staff and/or contractors in approved situations including but not limited to:

• (a) standard accommodation condition inspections
• (b) health, safety and welfare matters;
• (c) smoke detector and other forms of statutory testing;
• (d) cleaning and maintenance;
• (e) excessive noise where, in the case of noise originating from but heard outside the confines of a Resident's Accommodation (which in the case of shared accommodation, means the Resident’s bedroom) and the Resident is not present, MRS reserves the right to take action to stop the noise continuing to disturb other Residents, including but not limited to such action as switching off any electrical appliance generating the noise; and
• (f) in the case of emergency, actual or suspected.

10.2 Approved staff and/or contractors will carry appropriate identification at all times and will present such identification to Residents on request.  Residents are encouraged to request the production of identification and to report any concerns to the Head or to the Director MRS.

---

Part 4 – RESIDENT BEHAVIOUR

11. Residential Community Standards

11.1 MRS exists to provide a living and learning environment in which Residents are expected to act with the best interests of fellow Residents in mind. Primary concerns are health and personal safety as well as tolerance and respect for others and their rights and freedoms. Additionally, as Monash University students, Residents must act with honesty, integrity and respect for others in accordance with the expectations set out in the University’s Student General Conduct Policy.

11.2 The Head is responsible for maintaining the Residential Community Standards and an appropriate communal living environment within each Accommodation Complex.

11.3 Any alleged or suspected breach of the Residential Community Standards by a Resident (hereafter referenced as an ‘allegation’) may be dealt with under this Part. This Part sets out:

• (a) the process for managing and investigating an allegation;
• (b) the process for determining whether an allegation is proved, and for imposing a sanction; and
• (c) the rights and responsibilities of a Resident in the process.

Reporting and notifying allegations 

11.4 An allegation should be notified to the Director MRS.

11.5 All MRS staff (including a Head) and Resident Advisors must notify the Director MRS of any allegation that:

• (a) is reported to them;
• (b) they witness; or
• (c) they reasonably suspect may have occurred,

where an allegation arises in the context of a known or suspected incident occurring within MRS premises.

11.6 All MRS staff (including a Head) and Resident Advisors must notify the Director MRS of any disclosure of sexual misconduct they receive or become aware of. Information provided to the Director MRS may be de-identified where appropriate. Notifications by Resident Advisors should be made through the relevant Head.

11.7 The Director MRS may at their discretion authorise the communication of information regarding a breach of procedure (including in relation to safety measures and/or the outcome of the procedure) to Resident/s who may have been affected by the allegation/s that are the subject of the breach. In authorising such a communication, and in determining the information that is communicated, the Director MRS will give due consideration to privacy and confidentiality of the persons involved.

12. Managing allegations

12.1 The procedure for investigating and resolving an allegation depends on the nature and type of alleged conduct:

• (a) Category 3 allegations – managed under the Minor Breach Procedure;
• (b) Category 2 allegations – managed under the General Breach Procedure; or
• (c) Category 1 allegations – managed under the Serious Breach Procedure.

12.2 The Director MRS is responsible for determining the categorisation of an allegation/s. This determination is made based on the known or suspected circumstances, and having regard to any information or evidence that is available at the time the matter is notified to the Director MRS. The Director MRS may consult with other areas of the University in making a category determination.

12.3 Where an incident or matter involves:

• (a) Multiple allegations against the same Resident – the Director MRS may determine that all allegations should be dealt with under the same categorisation; or
• (b) Allegation/s (other than Category 1 allegations) against multiple Residents from more than one residence – the Director MRS may determine that a particular Head will take responsibility for managing the matter.

Categories 

12.4 The following table lists the type/s of allegations that fall within each category.