Family Residency Terms and Conditions

Monash Residential Services 

Family Residency Terms and Conditions

General 

By entering into a Family Residency Agreement, the Higher Degree by Research (HDR) student agrees that they are bound by these Terms and Conditions for the duration of the Residency Agreement.

MRS reserves the right to change these Terms and Conditions at any time including (but not limited to) implementing changes at short notice in circumstances where MRS acting reasonably considers that changes are required to protect the safety or wellbeing of residents in MRS accommodation.

Changes to these Terms and Conditions come into operation on the date that MRS notifies Residents that a new version has been published.

Eligibility

1. To be eligible for MRS Family Residence at Clayton Residential Village or Peninsula Gillies Hall, individuals must be HDR students of the University.

2. A HDR student who has entered into a Family Residency Agreement with MRS is referred to in these Terms and Conditions as the Resident.

Occupants

3. The Resident is permitted to have a partner and/or immediate family member(s) and/or carer(s) reside with them in the Family Residence for the term of the agreement subject at all times to (a) these Terms and Conditions and (b) the Family Residency - Occupant Agreement and Terms and Conditions.

4. Each family member, partner, or carer registered with MRS to reside in the Family Residence with a Resident is referred to in these Terms and Conditions as an Occupant.

5. Family Residency is strictly available to persons 18 years of age and over.  All Residents and Occupants must be 18 years of age and over, and proof of age is required.

6. Registration with MRS is required  prior to an Occupant residing for any period in the Family Residence. The Resident must immediately notify MRS of any changes in family or couple status, or living arrangements, as these will necessitate an update to the booking.

7. As a condition of residing in the Family Residence for the Residency Period, each Occupant is required to sign the Family Residency - Occupant Agreement and Terms and Conditions.

8. The Resident may inform MRS in writing that they no longer agree to their Occupant(s) being permitted to reside in the Family Residence.  In that event, MRS will require the relevant Occupant(s) to vacate the accommodation immediately.

Maximum Occupancy and Duration

9. There is a strict limit on the number of people permitted in each type of Family Residence. If the number of people living in the Family Residence is at any time found to exceed the maximum occupancy specified below, MRS may terminate the Residency Agreement.

10. MRS Family Residency is in all cases strictly for the period of the Residency Agreement.

11. The total duration of Family Residence for a particular HDR student can be no more than two contracted periods.

12. Residents acknowledge that they do not have any right to any extension or renewal of their Residency Agreement.

Assignment/Subletting

13. The Resident must not assign, sublet or otherwise part with possession of the Family Residence without the prior written consent of MRS (which may or may not be granted at MRS’s absolute discretion).

Internet and Phone

14. The room phone allows Residents to make free calls to certain Helpline numbers across Victoria;  for details of these numbers contact the Administration Office.

15. Residents have access to the internet (at no additional cost) via the University server and a valid University authcate is required.  Occupants have access to Monash University guest wifi.

16. Residents are responsible for all maintenance and software/system upgrades for their personal computers connected to the University’s network and must 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.

17. Without limiting in any way the obligation to comply with University policies (paragraph 42 below), Residents agree to comply at all times with the Monash University Information Technology Acceptable Use Procedure and Cyber Security Management Policy.

Parking

18. Each Resident is entitled to one resident vPermit, issued from the University via the online vPermit Parking System.

Cooking

19. Residents and Occupants 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.

Prohibited Items

20. The following items are prohibited at MRS accommodation for health and safety reasons:

(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 subject to section 7.5 of the MRS Conditions of Residency;

(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 of the MRS Conditions of Residency (noting the Resident may also apply under section 7.2 for an Assistance Animal if required by their Occupant);

(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; 14
• (v) compressed gas cylinders (LPG or other gases);
• (vi) explosives; and
• (vii) dry ice.

(k) electric scooters, electric bikes, hoverboards and electric skateboards.

Conduct

21. Residents must not:

(a) possess, consume or be under the influence of alcohol or drugs in the communal areas or areas directly outside their MRS accommodation or distribute alcohol to a person under 18 years of age;

(b) contribute to or allow to continue, any action which makes noise that disturbs others where noise originating from but heard outside the confines of the accommodation may be deemed excessive;

(c) interfere with the use of MRS accommodation by other Residents and their Occupants;

(d) hang clothing or other items from windows or balconies that may be observed from outside the premises; or

(e) otherwise breach these Terms and Conditions.

22. Residents must obey the reasonable verbal and written instructions of staff members of MRS.

23. Residents and Occupants:

(a) are prohibited (except as provided in (b)) from entering any MRS areas (including communal spaces) other than the building where their Family Residence is located;

(b) may access an MRS area other than the building where their Family Residence is located only if accompanied at all times by a current resident with permitted access to that particular area.

Smoking

24. The University and all MRS accommodation is a smoke free environment. Smoking is restricted to a few designated areas on the campus. Smokers must use the designated smoking points in the outdoor areas if they wish to smoke.  See maps showing the location of these points on the University website.

Repair and Maintenance

25. When the Resident reports a maintenance fault in their MRS accommodation, they give consent for maintenance personnel to enter the MRS accommodation when available, even if they are not present, for the purpose of fixing any reported maintenance faults.  Where possible, MRS will provide advance notice of maintenance personnel attending.

26. If the Resident or their Occupant cause or contribute to any damage (other than fair wear and tear) to the MRS accommodation (including any communal spaces), the Resident must pay or reimburse MRS for the reasonable costs incurred by MRS in repairing or rectifying the damage.

Right of Entry

27. MRS reserves the right of entry into MRS accommodation by approved staff/contractors in certain situations, including but not limited to:

(a) health and safety and welfare matters;

(b) smoke detector and other forms of statutory tests;

(c) standard accommodation condition inspections;

(d) excessive noise where, in the case of noise originating from but heard outside the MRS accommodation and the Resident is not present, MRS reserves the right to take action to stop the noise continuing to disturb the other residents (for example, switching off any electrical appliance generating the noise); and

(e) in the case of emergency, actual or suspected.

End of Stay

28. At the end of their stay, Residents and Occupants must vacate and leave the MRS Family Residence.

29. Residents must:

(a) ensure the Family Residence is left in the condition it was in at the start of their stay;

(b) remove all personal belongings from the Family Residence and leave the accommodation in a clean, tidy and hygienic condition;

(c) return all keys, key cards, security devices or swipe cards provided to access the accommodation; and

(d) remove their vehicle from the MRS accommodation (if they obtained a vPermit).

30. Unless otherwise agreed with MRS, any personal belongings, left in the Family Residence (excluding communal areas) after the Resident and/or their Occupant(s) have vacated may be treated by MRS as abandoned and dealt with or disposed of by MRS as MRS deems appropriate (including vehicles). The Resident must reimburse MRS for any fees MRS reasonably incurs in removing or disposing of any of the abandoned personal belongings within 14 days of demand.

31. After the Resident and Occupant(s) have vacated the Family Residence, MRS will inspect the accommodation and will carry out any cleaning and repair works which MRS, acting reasonably, considers is required to put the accommodation back into the condition it was in when the Resident first occupied it. The Resident must pay or reimburse MRS for the reasonable costs incurred in arranging and carrying out such work.

Additional Charges

32. 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 the damage;

(b) pay or reimburse MRS the amount of 10% of 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 Occupant or visitor activated the fire alarm by their inappropriate act or omission (whether wilful or negligent); and

(c) pay costs associated with any additional cleaning of their accommodation.

Notices to Vacate

33. If the Resident has not paid rent within 7 days of the due date, the Resident 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, the Residency Agreement will terminate and the Resident and Occupants(s) residing in the Family Residence will be required to vacate the accommodation by the date specified in the Notice.

34. If in accordance with the General Breach Procedure (for category 2 allegations) or Serious Breach Procedure (for Category 1 allegations) in the Conditions of Residency, an eviction sanction is imposed, MRS will issue the Resident a written Notice to Vacate and the Resident and Occupant(s) residing in the accommodation will be required to vacate the accommodation by the date specified in the Notice.

35. Termination by MRS ends these Terms and Conditions, but MRS retains the right to sue the Resident for any unpaid money or for damages (including damages for the loss of benefits that MRS would have received if these Terms had continued for the full term) for breaches of the Resident’s obligations under these Terms.

Risk, Release and Indemnity

36. The Resident acknowledges and agrees that the Resident occupies the Family Residence at their own risk.

37. The Resident releases to the extent permitted by law,  MRS and Monash University and its officers, employees, contractors and agents from all claims and demands of any kind arising from any accident, damage or injury to the Resident occurring on the MRS accommodation, except to the extent caused by the wilful or negligent act or omission of MRS or Monash University or any of its officers, employees, contractors or agents.

Limitation of Liability

38. MRS accepts no liability for any loss and/or damage and/or corruption to data, software and/or hardware caused to the personal computer of a Resident as a result of such personal computer being connected to the University computer network and/or internet.  MRS does not guarantee that electronic devices will connect or function appropriately on the University computer network.

39. MRS accepts no liability for any loss and/or damage to any personal belongings and vehicle of the Resident which are damaged whilst being used and/or stored in MRS accommodation, except to the extent that such loss or damage arises directly as a result of MRS’ negligent or wilful actions or misconduct.  Residents are strongly encouraged to obtain personal property insurance whilst they reside in Family Residence.

40. To the extent permitted by law, MRS accepts no liability arising from loss of access to Family Residence and associated facilities or any inconvenience incurred while the Resident and Occupant(s) occupy the accommodation.

Compliance with Safety Laws and Policies

41. The Resident must comply with the Safety Laws and not do anything or fail to do anything that would cause MRS to be in breach of its obligations under the Safety Laws, as defined below.

42. The Resident acknowledges that they are aware of and will comply with the Policies as defined below.  MRS will facilitate access to the Policies if requested.

43. For the purposes of clauses 41 and 42, the following definitions apply:

(a) Safety Laws means all occupational health and safety statutes, by-laws and regulations, codes of practice, advisory standards and relevant policies and procedures as in force from time to time in the relevant jurisdiction affecting or in any way relating to these Terms.

(b) Policies means the policies, procedures, guidelines and codes of conduct of Monash University available at https://www.monash.edu/policy-bank/a-to-z that apply to these Terms, as in force and as amended by the University from time to time including without limitation the following:

• Health Safety & Wellbeing Policy
• Student Code of Conduct
• Sexual Harm and Prevention and Response Policy
• Equity Diversity and Anti-Discrimination Policy
• Community Safety and Security Policy
• Data Protection and Privacy Procedure
• Safety and Security Incident Reporting Procedure
• Unacceptable Conduct Response Procedure

Infectious Disease

44. The Resident must:

(a) immediately notify MRS upon becoming aware that the Resident or any of their Occupants have contracted or may have come into contact with an infectious condition or disease, including where the Resident or any of their Occupants are showing symptoms of an infectious condition or disease or where the Resident or their Occupant(s) has been in contact with another person who is showing symptoms of or who has been diagnosed with an infectious condition or disease; and

(b) in the circumstances provided for under clause 44 (a), comply with any request for information, requirement or direction from the MRS reasonably necessary to ensure the health and safety of MRS staff, Residents, and Occupants, 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.

45. Where MRS is notified by a Resident or Occupant or by a medical professional that a Resident or Occupant has, or has been in contact with someone who has, an infectious condition or disease, the Resident and Occupant(s) 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 the Resident and Occupant(s) to alternative accommodation or require a Resident and Occupant(s) to remain absent from MRS accommodation and/or otherwise isolate themselves from other visitors for a period of time.

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

(a) following procedures such as emergency evacuations and announcements, physical distancing, restrictions on gatherings and 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 which 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, visitors and the local community is prioritised.

Visitors

47. Residents must notify MRS in advance of any visitor to their Family Residence, by providing the visitor’s name, age (and proof of age), contact details, date and time(s) of their visit and length of stay.

48. Overnight visitors must be 18 years of age and over.

49. Residents must be responsible for the behaviour of their visitors/guests within residences and any communal areas.