Monash Rural Health Student Residential Accommodation (“MRH Residential Accommodation”) provides a living and learning environment for the Australian University community in which Residents are required to act with the best interests of fellow Residents in mind.

By submitting an online application with Monash University ABN 12 377 614 012 (“University”) for placement in MRH Residential Accommodation, you are deemed to have reviewed, understood and agreed to the terms and conditions of use with respect to the MRH Residential Accommodation set out in this document. If you do not agree to the terms and conditions set out in this document, then you will not be entitled to use the MRH Residential Accommodation.

As a member of the MRH residential community, Residents' behaviour should not impact adversely on the living environment of the MRH residential 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.

MRH Residential Accommodation is committed to the safety and protection of all children and young persons involved in MRH activities. It is important that children feel and are safe, and their voices are heard on decisions that affect them. All individuals representing MRH 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

1. DEFINITIONS

In this document:

a. Assistance Animals means assistance animals as defined by the Disability Discrimination Act 1992 (Cth) that are trained to alleviate the effect of the disability (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).

b. Booking Portal means https://monashruralhealth.starrezhousing.com/StarRezPortal

c. Condition Report means the report provided to the Resident at the beginning of the Term for general, surface-level overview of the condition of the Room, the state of repair, maintenance issues and any defects including fixtures, fittings, furniture and furnishings.

d. Common Areas means all those parts of the Residential Accommodation made available by the University for common use by the University and the residents of the Residential Accommodation, and their visitors and invitees, and includes the Common Facilities.

e. Common Facilities means any and all plant, equipment, fixtures, fittings, furniture and furnishings and other property within the Common Areas provided by the University for common use by the residents of rooms within the Residential Accommodation.

f. End Date means the last day of the Term.

g. International Student means a person defined as a temporary resident (visa status) of Australia or a resident or citizen of any other county.

h. Operations and Planning Manager means the person appointed by Monash University to act as the Operations and Planning Manager, School of Rural Health, Faculty of Medicine, Nursing and Health Sciences.

i. Permitted Use means the use specified in clause 8(a) 1.

j. Residency Agreement means the Monash Rural Health (MRH) Student Accommodation Residency Agreement between the University and the Resident.

k Rent means the rent specified in clause 4(a)

l. Residency Fees means Rent and other applicable charges.

m. Resident means a person who is undertaking clinical placements in rural/regional Victoria and is permitted by the University to use and occupy the Room and use the Residential Accommodation in accordance with this document, including:
1.all Monash University students (domestic or international) studying a Medicine, Nursing or Allied Health undergraduate or postgraduate degree; and
2.domestic students studying a Medicine, Nursing or Allied Health diploma level, undergraduate, or post graduate degree at any other Australian University in which (the course) is approved by Monash University; and
3.international students studying at any other Australian University;

however, it does not include:
4.students undertaking a paid internship.

n.Resident Advisor means the relevant person or persons appointed by the University as a residential advisor to those parts of the Resident Accommodation in which the Room is situated.

o.Residential Accommodation means the property owned or leased by the University for the provision of accommodation to students. Properties are co-gendered, meaning residents may occupy the property with people of any gender.

p.Resident Type
1.A Subsidised Resident is a resident as defined in clause 1(m) 1 or clause 1(m) 2 and is studying an Undergraduate or Postgraduate Level course and is using the accommodation for more than two weeks.
2.An Unsubsidised Resident is a resident as defined in:
- clause 1(m) 2 and is studying a Diploma Level course,
-clause 1(m) 3
- or does not qualify as a Subsidised Resident in clause 1(m)1) above due to their clinical placement length being less than two weeks in duration.

q.Room means the fully furnished single occupancy room situated in the Residential Accommodation which the University permits the Resident to use and occupy pursuant to the Residency Agreement, and which includes the University’s Property.
r.Services include electricity, gas, water, sewerage, telecommunication, internet, air conditioning and ventilation systems, security services, fire detection and prevention equipment installed in or connected or supplied to the Room or the Residential Accommodation, and the plant, equipment and other items needed to supply those services.
s.School Manager means the person appointed by Monash University to act as the School Manager, School of Rural Health, Faculty of Medicine, Nursing and Health Sciences.
t.Start Day means when the Residency Agreement commences.
u.Support Person means the person referred in clause 14(b)(2). For the purposes of clause 14(b)(2), the Support Person's role is to observe the meeting and to provide support and guidance to the Resident. The Support Person may not represent the Resident or speak on the Resident's behalf other than in a situation where translation service is required. In choosing a Support Person, the Resident should be mindful of any potential conflict of interest. For example, a Resident Advisor, a witness to any incident or another resident involved in the incident may not act in this role.
v.Term means the period specified in clause 3.
w.University Guidelines has the meaning given to that term in clause 19.
x.University’s Property means any and all plant, equipment, fixtures, fittings, furniture and furnishings and other property that the University provides within the Room for the Resident’s use during the Term.
y.Vacation Date means the date upon which the Resident must permanently vacate the Residential Accommodation, being the earlier of the End Day and the date of termination of the Residency Agreement under clause 27 unless otherwise agreed between the Resident and the University.

2.RIGHT TO OCCUPY ROOM

a.The University permits the Resident the right to use and occupy the Room for the Term at the Rent and otherwise on the terms and conditions set out in this document.

b.Accommodation allocations are made at the University’s discretion. At any time during a Resident's residency Term, the University may transfer the Resident, on reasonable grounds, considering its business operation requirements, to alternative accommodation. Residents will be given reasonable notice if the University intends to transfer the Resident to other accommodation.

c.If the Resident wishes to move from the Room to another room within the Residential Accommodation, the Resident must obtain the University’s prior written approval prior to doing so. The University’s approval would not normally be given but may be given in special circumstances. The Resident acknowledges that the University’s approval may be given or withheld in its reasonable discretion.

d.The Resident is not obliged to notify the University if the Resident is absent from the Room overnight.

e.No person shall be considered for residency within the Residential Accommodation, if as a result of their behaviour during a previous residency period, they have been evicted from the Residential Accommodation under clauses 15 and 16. Special consideration may be given to previous residents referenced in this clause 2(e) on a case-by-case basis at the University’s reasonable discretion.

f.In the event of an emergency, the University reserves the right to transfer Residents to another Residential Accommodation. This ensures the safety of all Residents and ensures the emergency is dealt with in a prompt and effective manner.

3.PERIOD OF AGREEMENT

The Term commences on the Start Date and ends on the End Date as per Residency Agreement.

4.RENT

a.The rent payable under the Residency Agreement is as specified in the MRH Student Accommodation Rates and Charges.

b.The Resident acknowledges and agrees that:
1.the Resident will be charged Rent for the entire duration of their placement, including the ability to move in up to five (5) days prior to the start of their placement and move out up to two (2) days after the end of their placement, regardless of whether the Resident continues to occupy the Room during semester breaks.
2.the Resident must pay the Rent to the University via the Monash Rural Health Accommodation Booking Portal. The first instalment is paid in advance at the time of the booking and the remaining instalments must be paid monthly in advance for the remainder of the Term.

c.Subject to clause 21(b), payment of the Rent may be wholly or partially refundable considering any extenuating circumstances and/or in accordance with the MRH Accommodation Refund Policy.

5.ASSISTANCE ANIMALS

Residents who require an Assistance Animal to live with and accompany them in their Residential Accommodation must notify the University 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 the Residential Accommodation). In notifying the University, the Resident must provide details of the Assistance Animal, including age, breed, training information and/or accreditations. The University reserves all rights to allocate or reallocate accommodation to the Resident in the University’s reasonable discretion.

6.CONDITION REPORT

a.Prior to entering into occupation of the Residential Accommodation, the University undertakes the accommodation is offered at a high standard or repair and condition of walls, fixtures and fittings. Residents are requested to complete a Condition Report on arrival to identify any items that may need to be repaired or replaced. The University reserves the right to charge residents for damage not considered to be reasonable wear and tear, that was not reported on the residents’ arrival, and identified as having occurred during the period of their occupancy.

b.Within two (2) days of entering occupation of the Room, the Resident must use the Booking Portal, or other process as advised by the University, to access and complete the online Condition Report with an endorsement to the effect that the Resident agrees or disagrees with the whole or any specified part of the Condition Report.

c.If the Resident does not complete the online Condition Report as required by clause 6(b), the Room and relevant Common Areas will be deemed to be in the condition specified by the University in the Condition Report made available to the Resident under clause 6(b) on the date that the Resident first occupies the Room under their Residency Agreement.

7.REPAIRS AND MAINTENANCE

a.The Resident must keep and maintain the Room in good repair and condition having regard to the condition the Room was in as at the date the Resident first occupied the Room, excluding capital or structural repairs and maintenance and fair wear and tear, unless the need for capital or structural repairs and maintenance or the fair wear and tear results from any act or omission by the Resident.

b.In addition to the Resident’s obligations under clause 7(a), the Resident must:
1.keep the Room in a clean, tidy and hygienic condition and not create a fire or health hazard;
2.keep waste in proper containers and have it removed regularly;
3.comply with the University's reasonable directions concerning cleaning and the disposal of rubbish, including putting bins out for emptying on collection days;
4.take care to avoid damaging the Room and the Residential Accommodation; and
5.give notice to the University of:
i.any defect or damage to the Room or the Residential Accommodation; or
ii.any hazard arising from, threatening or affecting the Room or the Residential Accommodation, as soon as reasonably practicable after the Resident becomes aware of the damage, defect, hazard or threat arising or occurring.

c.When the Resident reports a maintenance fault in their bedroom or any room in their residence, they give consent for maintenance personnel to enter their Room over the next seven (7) days, even if they are not present, for the purpose of fixing any reported maintenance faults. Where possible, the University will provide advance notice of maintenance personnel attending.

d.The Resident acknowledges that the University, depending on the property, may provide gardening and/or cleaning services.

e.If the Resident causes or contributes to any damage (other than fair wear and tear) to the Room or the Residential Accommodation, the Resident must pay or reimburse the University for the reasonable costs incurred by the University in repairing or rectifying the damage.

8.USE OF ROOM AND RESIDENTIAL ACCOMMODATION

a.The Resident must:
1.use the Room for residential purposes only (“Permitted Use”), and for no other use;
2.supply the Resident’s own pillow, doona, mattress protector, bed linen, towels and tea towels, and other personal property for use in the Room and the Residential Accommodation;
3.secure the Room when it is unoccupied by keeping all doors and windows locked, and comply with the University’s directions for the use and return of keys, keycards and key pad codes. The Resident acknowledges that there will be a reasonable fee for any lost keys or keycards. The Resident acknowledges that the University will not procure contents insurance for any of the Resident’s personal belongings kept in the Room or elsewhere in the Residential Accommodation. It is recommended that the Resident arrange insurance for the Resident’s personal belongings, and for any motor vehicle which the Resident owns;
4.comply with all the emergency procedures with respect to the Residential Accommodation, and participate in any fire or emergency drills at the Residential Accommodation; and
5.advise the University of any risk and/or incidents within forty-eight (48) hours.

b.The Resident must not:
1.use or allow the Room to be used for any illegal purpose;
2.use or allow the Room to be used in such a manner as to cause a nuisance or cause an interference with the reasonable peace, comfort or privacy of any other resident in Residential Accommodation or any properties neighbouring the Residential Accommodation;
3.use radio, television or sound producing equipment in the Room at a volume that can be heard outside the Room;
4.install any unattended video recording devices on the property including webcams and personal security systems;
5.bring into the Room or the Residential Accommodation any object which, due to its nature, weight, size, or operation might cause damage to the Room, the Residential Accommodation, or the effective operation of the Services without the University’s prior written consent;
6.alter the Room or remove any of the University’s Property from the Room without the University’s prior written consent;
7.stick nails or pins, affix self-adhesive hooks or labels, posters or stickers in or on the walls or woodwork or painted or varnished surfaces of the Room without the University’s prior written consent;
8.keep or use any chemicals, inflammable fluids, acids, or other things in the Room or the Residential Accommodation, except to the extent necessary for the Permitted Use;
9.prepare or cook food in:
i.the Room; or
ii.with respect to the Residential Accommodation known as Lister House located in Bendigo, the kitchenettes on each floor of the Residential Accommodation, and other places which are not designated as a “kitchen” or has not been approved for cooking in any circumstance install or use any personal fridge, freezer, air fryer, clothes dryer or heaters (for example, and without limitation, bar radiators, fan heaters and oil heaters), portable air conditioners or fans, in the Room or the Residential Accommodation in any circumstance;
10.bring, allow or permit any animal or pet in the Room or the Residential Accommodation unless it is in accordance with clause 5;
11.install any locks or security devices in the Room which cannot be opened by the keys or keycards provided by the University;
12.use candles, incense, or anything which generates a continuous naked flame, within the Room or the Residential Accommodation;
13.hang clothing or other items from windows or balconies that may be observed from outside the Room;
14.use, possess, or store 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 intimidation. 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;
15.use any lavatories, grease traps, drains or other sanitary facilities in the Residential Accommodation for any purpose other than that for which they were designed;
16.use, provide or supply any illegal substances, in or from the Room or the Residential Accommodation;
17.smoke or vape anywhere in the Room or the Residential Accommodation, or near the entrances or windows or air intakes of the Residential Accommodation, or anywhere near the Residential Accommodation where there is a likelihood of side-stream smoke being drawn into the Residential Accommodation; If the accommodation is co-located with a health service the student must comply with all bans from smoking or vaping on health service grounds;
18.do anything which may prejudicially affect the essential safety measures or the occupational health and safety or disability discrimination status of the Room or the Residential Accommodation. For the avoidance of doubt, the Resident must not interfere with or damage, any automatic door closure devices fitted to the door of the Room or any doors within the Residential Accommodation;
19.except in an emergency, interfere with any of the Services in the Room or the Residential Accommodation;
20.except in an emergency, interfere with any fire equipment in the Room or the Residential Accommodation. If in the University’s reasonable opinion, the Resident has inappropriately activated the Residential Accommodation’s fire alarm (whether wilfully or by a negligent act or omission), the Resident must pay or reimburse the University for any costs the University incurs arising from the attendance of the Fire Brigade to the Residential Accommodation on demand.

c.In the case of illness of any person, the Resident must permit an authorised representative of the University 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.The Resident must immediately notify the University 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 of disease.

e.In the circumstances provided for under clause 8(d), the Resident must comply with any request for information, requirement or direction from the University reasonably necessary to ensure the health and safety of the University’s 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 the University.

f.Where the University is notified by the Resident or by a medical professional that the Resident has, or has been in contact with someone who has, an infectious condition or disease, the Resident must:
1.cooperate with the University to discuss a suitable risk management plan for the infectious condition or disease; and
2.comply with any reasonably necessary directions from the University, acting on advice from a medical professional, to manage the infectious condition or disease, including but not exclusively to relocate the Resident to alternative accommodation or require a Resident to remain absent from the Residential Accommodation or other University premises and/or otherwise isolate themselves from other residents for the period of time that the Resident is infectious.

g.If there is an event, including (but not limited to) a pandemic or other serious threat to health, that affects or has the possibility of affecting the health and safety of residents, the Resident must comply with all directions, restrictions and mandates imposed by the University or any municipal, statutory or government including (without limitation):
1.following procedures such as emergency evacuations and announcements, physical distancing, restrictions on gatherings or medical testing;
2.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;
3.modifying, vacating or ceasing entry, use or occupation of residences, communal spaces, areas or facilities within the Residential Accommodation or University premises including avoiding areas that have been identified as hazardous or dangerous; and
4.participating in educational programs or safety training and ensuring that the health and safety of the University residents, staff, students and the local community is prioritized.

h.The Resident must allow the University access to the Resident’s Room to conduct general/routine inspections:
1.the first inspection can only be done after the Resident has lived at the Residential Accommodation for at least four (4) weeks, then only once every four (4) – six (6) months after that, with at least three (3) days written notice is required; and
2.after each inspection, the University may choose to deliver a written report to the Resident as to the condition of the Room. Any unsatisfactory conditions must be rectified by the Resident within three (3) days after receiving that report. After which time the University has the right to inspect the Room again at a time agreed between the University and the Resident. For the avoidance of doubt, a failure to recertify an unsatisfactory inspection report is a ground for issuing a formal written warning to the Resident under Appendix A.

9.ASSIGNMENT OR SUB-LETTING

The Resident must not transfer, assign, sublet or otherwise deal with possession of the Room.

10.COMMON AREAS AND FACILITIES

a.During the Term, the Resident may use in common with other residents of the Residential Accommodation:
1.the Common Areas; and
2.the Common Facilities.

b.The Resident must:
1.not use the Common Facilities for any purposes other than those for which they have been provided;
2.not obstruct the Common Areas or store or leave any of the Resident’s personal belongings in the Common Areas;
3.participate fully and equally with other residents of the Residential Accommodation to keep the Common Area and the Common Facilities in a clean, tidy and hygienic condition. This includes comply with the University’s reasonable directions concerning cleaning and the disposal of refuse within the Common Area, and putting the Residential Accommodation’s bins out for emptying on collection days;
4.take reasonable care to avoid damaging the Common Areas and the Common Facilities, and the Resident must notify the University of any damage to the Common Areas or the Common Facilities as soon as reasonably practicable after the Resident becomes aware of any damage occurring.

c.If the Resident causes or contributes to any damage (other than fair wear and tear) to the Common Areas or any Common Facilities, the Resident must pay or reimburse the University for the reasonable costs incurred by the University in repairing or rectifying the damage.

11.KITCHEN

a.The Resident must only prepare and cook food within the designated kitchen in the Residential Accommodation which has been approved for cooking.
b.The Resident must only keep food items within the fridge(s) and pantry cupboards/food lockers provided in the kitchen. The Resident must keep the fridge and pantry cupboards/food lockers clean and regularly throw away any food items which have perished or expired.
c.The Resident must clean the kitchen and the Common Facilities in the kitchen after the Resident has finished using them, and ensure that all the Resident’s food and grocery items, dishes, crockery and cutlery, and other personal belongings are put away after use.
d.All fridges and the pantry cupboards/food lockers must be cleaned and left in a clean, tidy and hygienic condition when not in use.

12.ELECTRICAL EQUIPMENT

a.Subject to clause 8(b)(9), the Resident may bring the Resident’s own personal electrical equipment (such as hair dryers, shavers, study lamps, bedside light, stereos/radios, computers/laptops, TVs, mobile phones and chargers, and other similar equipment) with the Resident to the Residential Accommodation, provided that all of the Resident’s personal electrical equipment does not have power consumption of more than 500 watts.

b.The Resident must not use anywhere in the Room or the Residential Accommodation:
1.double adaptors; and
2.electrical devices with non-Australian power plugs.

c.The Resident may use a power board in the Room or the Residential Accommodation provided that it has a 10amp automatic trip.

13.BEHAVIOUR

a.The Resident acknowledges and agrees that student accommodation is a type of community living that requires consideration of others, willingness to participate, flexibility, a commitment to live within certain guidelines that protect the safety, security and comfort of all, a readiness for independent living and an attitude of responsibility towards the Resident’s living and learning environment, and the staff and fellow residents of the Resident’s Accommodation.

b.The Resident acknowledges that anti-social behaviour which contravenes University Guidelines will not be tolerated and is a breach of the Conditions of Residency entitling the University to terminate the Residency Agreement under clause 27.

14.INVESTIGATION OF ALLEGATIONS OF MISCONDUCT

a.The Operations and Planning Manager is responsible for investigating any matter arising under the Residency Agreement.

b.Where a Operations and Planning Manager’s attention is drawn to a possible breach of University Guidelines or relevant sections of the Conditions of Residency, the Operations and Planning Manager (or their nominee) will, at the earliest possible opportunity:
1.write (email) to, or speak with (telephone) the Resident outlining the possible breach and inform the Resident that the breach is being investigated; and
2.convene a meeting with the Resident at a specified time and place to discuss the matter and confirm that the Resident is expected to attend the meeting and may bring with them a Support Person if desired;

c.If the Resident fails to attend a meeting with the Operations and Planning Manager after being given reasonable opportunity to do so, the Operations and Planning Manager may decide the matter without a meeting.

d.During a meeting convened in accordance with clause 14(b) 2, the Resident's alleged breach will be outlined by the Operations and Planning Manager, with evidence of this being presented as appropriate. The Resident will be given the opportunity to respond to the allegation.

e.The Operations and Planning Manager will decide and inform the Resident of that decision and, if applicable, any sanction. This may occur at the meeting convened in accordance with clause 14(b)(2) or afterwards, following further consideration and/or enquiries.

f.Subject to clause 14(g), the Operations and Planning Manager will confirm in writing to the Resident the decision and, if applicable, any sanction. Within three (3) days of this written notice, the Resident may (by written notice to the Operations and Planning Manager, request written reasons for the decision, which will be provided within seven (7) days of the request.

g.In cases where the Operations and Planning Manager reasonably believes a breach has occurred and the consequences are minor, the Operations and Planning Manager may choose to inform the Resident in writing of this finding. In these circumstances, the Resident retains the right to request reasons for the finding as referred to in clause 14(f) above and the right to appeal under clause 17.

h.In cases where the Operations and Planning Manager suspects a serious breach of the University Guidelines or relevant sections of the Conditions of Residency by the Resident, the Operations and Planning Manager may choose to refer investigation of the incident to another person(s), including other Monash University Staff, Monash Security or the Monash University Safer Community Unit.

i.At the conclusion of any investigation under clause 14(h), the Operations and Planning Manager is responsible for any decision and imposing any sanctions under this Conditions of Residency.

15.FORMAL WARNINGS

16.EVICTION

a.Where the Operations and Planning Manager concludes, after an investigation conducted in accordance with the process set out under clause 14, that conduct referred to in Appendix B of this document has occurred, the Operations and Planning Manager may evict a Resident by notice to vacate that takes effect immediately or at some later time. Notice to Vacate requires a Resident to vacate their accommodation and leave the premises.

b.Where the Operations and Planning Manager concludes, after an investigation conducted in accordance with the process set out under clause 14, that conduct referred to in Appendix B of this document has occurred, but a decision is made not to evict, the Operations and Planning Manager may issue a formal written warning and impose any additional sanction under the Residency Agreement.

c.Despite any other provision in this document, if the Operations and Planning Manager considers that there is an immediate and serious risk to the safety and wellbeing of any Resident or the greater Residential Accommodation community, then the Operations and Planning Manager may relocate any Resident at any time (whether before, or during an investigation, or before or during a review of a decision) to alternative accommodation, including accommodation off campus. For the avoidance of any doubt, in the case of conflict or inconsistency, this clause 16(c) overrides any other provision in this document.

d.A person who has been evicted under this section during a previous residency period is ineligible to apply for future accommodation at the Residential Accommodation and must not attend or visit any Residential Accommodation or precincts for any reason. Special consideration may be given to previous residents referenced in this clause 16(d) on a case by case basis at the University’s reasonable discretion.

17.REVIEW OF DECISION UNDER CLAUSES 14, 15 AND 16

a.Subject to clause 17(e), the Resident may request that the decision be reviewed. The review will be conducted by an “ad-hoc” review panel (“Review Panel”) including the School Manager and two review panel members nominated by the School Manager.

b.To request a review, a Resident must apply in writing to the Operations and Planning Manager, state the decision the Resident requests be reviewed and outline the reasons for the request. Unless there are exceptional circumstances (as determined by the Operations and Planning Manager and notified to the Resident in writing), the request must be received by the Operations and Planning Manager within seven (7) days of the written notification of the decision to the Resident. On the same day of receiving the Resident’s request, the Operations and Planning Manager must convey the request to the School Manager. The Operations and Planning Manager must also confirm on the same day, or as soon as practical to the Resident the members of the Review Panel and their contact details.

c.The Review Panel will consider the review application and whether it satisfies the grounds for review under clause 17(e). If the review application does not satisfy the grounds for review, the Review Panel will dismiss the review application. If the review application does satisfy the grounds for review, the Review Panel may affirm the original decision or set aside the original decision and substitute it with another decision.

d.The Review Panel will provide its decision in writing to the Resident within seven (7) days after receiving a review request, the Resident may submit to the Review Panel a written request for reasons for the decision. The Review Panel will provide written reasons within fourteen (14) days after receiving the Resident’s written request.

e.A Resident may only request a review of the decision on one or more of the following grounds:
1.the decision maker did not follow the correct process in making the decision; and/or
2.actual bias or a reasonable apprehension of bias on the part of the Operations and Planning Manager; and/or
3.the sanction imposed by the Operations and Planning Manager is excessive; and/or
4.a breach of the rules of natural justice which had potential to affect the outcome of the investigation or decision; and/or
5.evidence or circumstances which should have been considered by the decision maker in reaching a decision were overlooked or were not given sufficient weight; and/or
6.new or significant evidence (i.e. that does not duplicate/repeat previous evidence and/or provides significant additional evidence to that already before the decision maker) which was not known and could not reasonably have been known at the time of the original decision, is now available and has the potential to alter the decision.
i.Upon receiving a request to review, the Operations and Planning Manager (or their nominated representative) will determine whether the review ground is arguable. If it is found that the review ground is not arguable, the review will be dismissed and the Operations and Planning Manager (or their nominated representative) will inform the resident in writing that the original decision stands.
ii.If the Operations and Planning Manager (or their nominated representative) determines the review ground is arguable, the Operations and Planning Manager (or their nominated representative) will conduct the review considering the material provided by the Resident in support of the review. The Operations and Planning Manager (or their nominated representative) will determine if the review ground is upheld and if so, will make a new decision on the matter.
iii.The Operations and Planning Manager (or their nominated representative) will provide the decision on the review request in writing to the Resident. Within seven (7) days of receiving this letter, the Resident may request written reasons for the decision, which will be provided within fourteen (14) days of the Resident’s request.

18.GUESTS

a.The Resident may have guests and visitors visit the Resident at the Residential Accommodation, provided that:
1.subject to the Conditions of Residency, residents previously evicted from Residential Accommodation are not permitted as a visitor and/or guest in Residential Accommodation or to attend University functions/events unless authorised by the University; and
2.all guests and/or visitors are expected to leave the Residential Accommodation by midnight except where prior approval to stay overnight in the Room has been granted by the University, which in the case of a Resident aged under 18 years will also first require the approval of their parent or guardian. In circumstances where prior approval has been granted, the Resident acknowledges and agrees that it will not have more than one guest/visitor stay in their Room overnight

b.The Resident acknowledges that the University’s authorisation or approval under clause 18(a) may be given or withheld in its reasonable discretion.

c.The Resident acknowledges and agrees that:
1.the Resident is responsible for the behaviour of the Resident’s visitors, guests, and invitees;
2.the Resident’s visitors, guests, and invitees must be accompanied by the resident at all times;
3.the Resident is responsible for any breach of the Conditions of Residency arising from any act or omission of the Resident’s visitors, guests and invitees;
4.a visitor, guest or invitee which is in the care of the Resident who is under the age of 18 years will also first require the approval of their parent or guardian;
5..the Resident must pay or compensate the University for any costs or expenses incurred by the University in repairing or rectifying any damage to the Room or the Residential Accommodation caused by the Resident’s visitors, guests or invitees.

19.UNIVERSITY GUIDELINES

a.The Resident must comply with any reasonable instructions, guidelines, policies and regulations relating to the use and occupation of the Room and the Residential Accommodation notified to the Resident by the University prior to the Term (“University Guidelines”). These can be found on the current web page

b.The Resident acknowledges and agrees that the University may from time to time change its instructions, guidelines, policies and regulations, relating to the use and occupation of the Room and the Residential Accommodation and the Resident will be bound by the change when the Resident receives written notice of it from the University.

20.CAR PARKING

The Resident must not:

a.use or allow to be used any car park area at the Residential Accommodation which the Resident or any other residents of the Residential Accommodation may be permitted to use for any purpose other than for parking a motor vehicle in a fair and reasonable manner;

b.assign or sublet any rights to use car parks in the car parking area of the Residential Accommodation; and

c.use any car parks set aside for visitor use without the University’s prior consent which can be withdrawn at any time at the University’s reasonable discretion, or use or allow to be used any car parks which have been allocated or licensed to other residents of the Residential Accommodation, and must ensure that the Resident’s visitors only use designated visitor car parks.

21.DAMAGE AND DESTRUCTION

a.If the Room and/or the Residential Accommodation is at any time damaged so as to render the Room substantially unfit for the Resident’s use and occupation or inaccessible, the University will endeavour, but is under no obligation to, repair or reinstate the Room and/or the Residential Accommodation.

b.The Resident is not liable to pay Rent or any other charges during the period that the Room is unfit for the Resident’s use and occupation arising from the damage referred to in clause 21(a), unless the Resident has caused or contributed to the damage.

c.Provided that the Resident has not caused or contributed to the damage to the Room and/or the Residential Accommodation referred to in clause 21(a), the University will endeavour, but is under no obligation to relocate the Resident to another room in the Residential Accommodation or a room within another property owned by the University (“Alternative Room”). If the Resident is relocated to an Alternative Room, the Resident must continue to pay the Rent in accordance with the Conditions of Residency while the Resident occupies the Alternative Room.

d.If the University considers that the damage to the Premises and/or the Residential Accommodation is such that repairing it is impractical or undesirable, the University may terminate the Residency Agreement by giving the Resident not less than five (5) days written notice.

e.If the damage to the Premises and/or the Residential Accommodation is caused or contributed by the Resident, the University will terminate the Residency Agreement and will not be obliged to relocate the Resident.

f.The University is not liable to pay the Resident any compensation if any part of the Room or the Residential Accommodation is destroyed or damaged or if the Residency Agreement is ended under this clause 21.

22.RISK, RELEASE AND INDEMNITY

a.The Resident acknowledges and agrees that the Resident occupies the Room and uses the Residential Accommodation at the Resident’s own risk. The Resident agrees to release to the full extent permitted by law the University and its agents, servants, contractors and employees, in the absence of wilful or negligent act or omission on their part, from all claims:
1.resulting from any accident, damage or injury occurring in the Room or the Residential Accommodation; or
2.for any direct, indirect or consequential loss which the Resident suffers arising from any loss of supply of any utility or other Service to the Room or the Residential Accommodation, including any personal injury which the Resident and/or any person who is in the Room or the Residential Accommodation with the Resident’s consent sustains and loss of or damage to the Resident’s own or such other person's property.

b.The Resident agrees to indemnify the University against all claims, damages, costs and charges arising from, in the absence of wilful or negligent act or omission on their part:
1.use, misuse or waste by the Resident or any invitee of the Resident of the water, electricity, gas, lighting and other Services and facilities of and supplied to the Room and the Residential Accommodation;
2.overflow of water (excluding rain water) originating from the Room or any part of the Residential Accommodation caused or contributed to by the Resident, or any invitee of the Resident; and
3.loss, damage or injury to property or person where ever occurring, caused or contributed to by the Resident, or any invitee of the Resident.

c.Nothing in the release provisions in clause 22 of these terms is intended to exclude, restrict or modify the obligations imposed on the University by sections 60, 61 and 62 of the Australian Consumer Law in respect of consumer guarantees applying to the supply of services to consumers, nor are those provisions intended to exclude, restrict or modify any of the visitor's rights to a remedy under Part 5-4 of the Australian Consumer Law in respect of a failure by the University to comply with those consumer guarantees

d.Each indemnity in the Conditions of Residency is a continuing obligation, independent from the Resident’s other obligations, and survives the end of the Residency Agreement. The University may enforce an indemnity before incurring an expense.

23.THE UNIVERSITY’S RIGHTS AND OBLIGATIONS

a.The University must ensure that the Residential Accommodation is maintained in good repair and in a structurally sound condition.

b.The University must use best endeavours to keep the Services available to the Residential Accommodation. However, if for a reason outside of the University’s control any Service is not available, is interrupted or fails, the Resident may not terminate the Residency Agreement or stop or reduce payments under the Residency Agreement.

c.The University or any person authorised by the University (including contractors) may enter the Room and the Residential Accommodation at reasonable times on reasonable notice to see if the Resident is complying with the Resident’s obligations under the Conditions of Residency, or do anything it must do under the Conditions of Residency, or which is necessary to comply with any law or the requirement of any authorities.

d.If there is an emergency, the University and any person authorised by the University may enter the Room at any time without notice, using any means necessary.

e.The University may stop any person from entering or remaining in the Residential Accommodation:
1.if, in the University’s reasonable opinion, there is an emergency; or
2.to ensure the safety of any other person or item in the Residential Accommodation.

f.The University may do anything which in the University’s reasonable opinion, that the Resident should have done pursuant to the Residency Agreement or under the Conditions if Residency, but which the Resident has not done or which the University considers the Resident has not done properly. The Resident must promptly pay all reasonable expenses incurred by the University under this clause 23(f).

g.The University may appoint agents or others to exercise any of its rights or perform any of its duties under the Conditions of Residency. Where there is inconsistency, communication from the University overrides communications from such agents or other appointed persons.

h.Any right of the University under the Residency Agreement or the Conditions of Residency may be exercised by a person authorised by the University.

24.OUTSTANDING/OVERDUE ACCOUNTS

a.If the Resident has an outstanding account for twenty-one (21) days, the Resident may be given a notice to vacate. If the University does not receive full payment of the overdue account by the due date specified in the notice of vacate, then the Resident will not be allowed to continue to occupy any Residential Accommodation, their Residency Agreement will terminate, and the Resident will be required to vacate their Residential Accommodation and leave the Residential Accommodation in a clean, tidy and hygienic condition.

b. If as a result of an overdue account and the Resident is required to vacate the Residential Accommodation, the Resident will remain responsible for the payment of Rent and any other money payable before the date of departure plus four (4) weeks of Rent.

c.In accordance with University’s policies, if a Monash University student Resident does not pay any amount owed under the Residency Agreement, the University may place an encumbrance on the Resident’s Monash account. This means the Resident will not be able to access library, computer or enrolment services. The Resident cannot see the Resident’s exam results, request academic records (transcripts) or graduate. To remove the encumbrance and have access to services, the Resident will need to pay the Resident’s debt.

25.VACATING ROOM

a.By 10.00am on the Vacation Date the Resident must:
1.vacate and leave the Room in the condition which the Resident must keep it under the Conditions of Residency;
2.remove all of the Resident’s personal belongings from the Room and the Residential Accommodation, and leave the Room and the Residential Accommodation in a clean, tidy and hygienic condition;
3.return to the University any keys, keycards, or other security devices provided to the Resident to access the Room and the Residential Accommodation; and
4.Complete and return any departure checklists required by the University.

b.If, upon vacating, a Resident leaves behind any items or property in any part of the Residential Accommodation or Common Areas, the University will take reasonable steps to notify the resident that they have left personal belongings in the Residential Accommodation. If any items or property remain unclaimed after seven (7) days of the date that the University attempts to notify the Resident of the remaining personal belongings, The University reserves the right to dispose of such items or property in any manner that the University sees fit (in its reasonable discretion) and to charge the Resident for the cost reasonably incurred by the University for their removal or disposal.

c.After the Resident has vacated the Room on the Vacation Date, the University will inspect the Room and will carry out any cleaning and repair works which the University, acting reasonably, considers is required to put the Room back into the condition it was in when the Resident first occupied it, as detailed in the condition report referred to in clause 6. The Resident must pay or reimburse the University for the University’s reasonable costs and charges incurred in arranging and carrying out such work, including the costs of any contractor engaged by the University.

26.ESSENTIAL TERMS

a.Each obligation in the Residency Agreement and the Conditions of Residency for the Resident to pay money, and the Resident’s obligations under clauses 4, 7, 8(a)(1), 8(a)(3), 8(a)(4), 8(b), 9,11(a), 12, 13, 18(a), 19, and 20(b) are essential terms, without which the University would not have entered into the Residency Agreement and the University is entitled to treat a breach of any of them as a repudiation of the Residency Agreement.

b.However, this clause 26 does not prevent any other obligation under the Residency Agreement or the Conditions of Residency from being an essential term.

27.TERMINATION OF AGREEMENT

a.The University may terminate the Residency Agreement by giving the Resident written notice or by re-entry if:
1.the Resident repudiates the Residency Agreement;
2.the Rent and any other money payable under the Residency Agreement or the Conditions of Residency is unpaid for more than fourteen (14) days after the University gives the Resident a written demand;
3.the Resident does not comply with any of its obligations under the Conditions of Residency.

b.For the purposes of section 146(1) of the Property Law Act 1958, fourteen (14) days is fixed as the period within which the Resident must remedy a breach capable of remedy and pay reasonable compensation for that breach.

c.Termination by the University ends the Residency Agreement, but the University retains the right to sue the Resident for unpaid money or for damages, specifically:
1. in the case of unpaid Rent and any other money payable under the Residency Agreement or the Conditions of Residency, four (4) weeks of Rent; and
2. in the case of a repudiation, breach of obligations or misconduct; damages for the loss of benefits that the University would have received if the Residency Agreement had continued for the full Term.

28.NOTICES

a.Any notice or other communication required or authorised under the Residency Agreement or the Conditions of Residency, to be given to a person must be in writing, signed and may be:
1.given personally to the person;
2.left at or sent by prepaid post to the person's address set out in the Residency Agreement; or
3.sent by email to the person's current email address notified by that party to the other party.

b.A notice or other communication is taken to be received by the recipient:
1.if given personally, at that time;
2.if sent by prepaid post, within Australia to an Australian address, six (6) working days after the date of posting;
3.if sent by email, at the time of receipt as specified in section 13A of the Electronic Transactions (Victoria) Act 2000;
4.In all cases, a notice or communication received after 5.00pm in the place of receipt or on a day that is not a Business Day is taken to be received by the recipient at 9.00am on the next Business Day.

29.MISCELLANEOUS

a.The Residency Agreement may only be amended or varied in writing signed by the parties.

b.No failure to exercise or delay in exercising any right given by or under the Residency Agreement or the Conditions of Residency to a party constitutes a waiver and the party may still exercise that right in the future.

c.A waiver of any provision of the Residency Agreement or the Conditions of Residency or a right created under it might be in writing signed by the party giving the waiver and is only effective to the extent set out in that written waiver.

d.If any provision of the Residency Agreement or the Conditions of Residency is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or words are to be severed and if this cannot be done, the entire provision is to be severed from the Residency Agreement or the Conditions of Residency without effecting the validity or enforceability of the remaining provision of the Residency Agreement or the Conditions of Residency.

e.The Residency Agreement, together with the Conditions of Residency constitute the entire Agreement between the parties about its subject matter and supersedes all previous communications, representations, understandings or agreements between the parties on the subject matter.

f.The Residency Agreement and the Conditions of Residency are governed by and construed in accordance with the laws of Victoria.

APPENDIX A
GROUNDS FOR ISSUE OF A FORMAL WRITTEN WARNING

1.contravention or non-compliance with any section of the Residency Agreement, the Conditions of Residency another MRH policy and/or Procedure, or any Residential Accommodation rules, reasonable direction and or conditions agreed to by the Resident;

2.intoxication or excessive consumption of alcohol or other drugs (prescribed or otherwise) that endangers the Resident’s life/wellbeing and/or impacts negatively upon other Residents either around the Resident and/or in a MRH Residential Accommodation or at a MRH approved function, the supply of alcohol of a Resident or visitor, guest or invitee under 18 years of age and in the case of a Resident under 18 years of age consuming or being under the influence of alcohol;

3.verbal abuse against another Resident, visitor/guest or MRH staff member;

4.bullying or harassment;

5.discrimination or vilification based upon a person's race, national, linguistic or ethnic origin, culture/religion, gender, sexual identity, disability, political opinion or activity or other personal attribute;

6.theft;

7.intentional, reckless or negligent damage to Monash University and/or MRH property and/or the property belonging to another Resident and/or belonging to a visitor/guest of another Resident or any other person;

8.allowing unauthorised and/or unaccompanied visitors/guests access to MRH property;

9.cooking in a bedroom and/or in an area that is not an approved Kitchen;

10.smoking and/or vaping (or evidence of) of both nicotine and non-nicotine-based products in areas other than areas (if any) if designated for smoking (Note; the use and possession of vaping products containing nicotine is banned in Victoria);

11.the possession of articles, devices and/or paraphernalia which, in the reasonable opinion of the Operations and Planning Manager can be used in the consumption of illegal drugs or other illegal substances (including synthetic drugs);

12.excessive noise or noise that unreasonably or negatively impacts any Resident and/or in a Residential Accommodation irrespective of the time of day or night;

13.unauthorised use of and/or interfering with firefighting equipment, including smoke and thermal detectors;

14.unauthorised entry into restricted areas of MRH/Monash University property, including but not limited to roofs, plant rooms, staff offices, and other controlled or restricted places;

15.unauthorised entry into a Residential Accommodation (Note: a Resident is permitted to enter the Residential Accommodation in which they reside, and to enter another Residential Accommodation as a guest of a resident of that complex);

16.use of an access credential (including an electronic swipe card or fob, or a mechanical key) in a manner that contravenes the University’s Access Control Procedure;

17.unauthorised use of, or interference with Monash University IT systems, including but not limited to wireless Internet services;

18.bringing an animal into Residential Accommodation (except an Assistance Animal that has been approved in accordance with the Conditions of Residency);

19.bringing a weapon, or any item that could be used for aggressive or violent purposes or for the purpose of intimidating others, onto MRH property;

20.throwing any object from a window or from a roof;

21.subletting or otherwise dealing with a Resident’s Room, including providing a means of access to MRH accommodation and/or room (e.g. via key or proxy access) to a person who should not have access to that space;

22.preventing Monash University and/or MRH approved staff and/or contractors from completing authorised duties, including the implementation of any MRH urgent incident management protocols;

23.refusal to evacuate their accommodation and/or the premises after being instructed to do so by an officer of the Metropolitan Fire Brigade, Building Warden or any other authorised representative of Monash University and/or MRH, or by a computer automated evacuation command generated by the building’s Emergency Warning and Evacuation System;

24.unauthorised removal of MRH property, including furniture and fittings from communal areas;

25.allowing the Resident’s Room to become unfit for living in (not due to fault on the part of MRH);

26.failing to keep the Resident’s Room and any communal areas within a Residential Accommodation clean and tidy in accordance with the cleaning specifications as outlined on the MRH web site;

27.failing to attend any mandatory Building Safety training and any other training directed by the Operations and Planning Manager;

28.dishonestly engages in conduct that hinders, interferes with, improperly influences, or adversely affects the exercise, timing, outcome or integrity of a MRH administrative procedure (including but not limited to data-collection processes, resident surveying processes, nomination and election procedures for resident committees, resident advisor recruitment processes, etc).

APPENDIX B
GROUNDS FOR ISSUE OF EVICTION / NOTICE TO VACATE

1.physical assault;

2.sexual misconduct (as defined in the Sexual Misconduct Response Procedure including sexual assault and/or sexual harassment and/or any other form of sexual contact without consent);

3.violent and/or aggressive behaviour;

4.threatening behaviour;

5.causing emotional or psychological harm;

6.stalking;

7.conduct affecting the safety of a Resident or other person involving:
a.possession of illegal drugs or other illegal substances (including synthetic drugs);
b.use and/or being under the influence of illegal drugs or other illegal substances (including synthetic drugs) within residences or the Residential environment;
c.use and/or being under the influence of legal medication contrary to the manufacturer’s recommended use or any medical prescription held by the Resident;
d.selling and/or distribution of illegal drugs or other illegal substances (including synthetic drugs);
e.selling and/or distribution of legal medication(s) for the purpose of them being used contrary to the manufacturer’s recommended use or any medical prescription;

8.the possession of items described in APPENDIX A 11 AND the presence of substances, materials or otherwise which, in the reasonable opinion of the Operations and Planning Manager, are illegal drugs or other illegal substances (including synthetic drugs);

9.engaging in any activity of a criminal nature or in any activity that breaches the law;

10.victimisation;

11.causing or being likely to cause psychological harm and/or emotional distress through the use of any form of social networking media, including but not limited to email, text messaging, web pages, digital and physical noticeboards, and image/video sharing;

12.engaging in any behaviour where the Resident is connected with MRH (i.e., where the connection is apparent from the Resident’s clothing, statements made including in any online format, or the nature of the event) which has significant potential to bring Monash University and/or MRH into disrepute;

13.behaviour that endangers the Resident’s life, wellbeing, health (both mental and physical) or safety, and/or impacts negatively upon other Residents and/or staff or member of the public either around the Resident and/or in a Residential Accommodation or at an MRH function, including (without limitation) anything that endangers or threatens to endanger their life, wellbeing, health (both mental or physical) or safety;

14.any form of hazing, which includes any action or situation (e.g., initiation ceremony, ritual, challenge or other activity) with or without the consent of participants, for the purpose of admission into, affiliation with, or as a condition for, continued membership or acceptance into a group (e.g. club, team, hall, society). Hazing activities may be intentional or unintentional and may cause or be likely to cause humiliation, discomfort, embarrassment, abuse or physical and or emotional harm to any individual or group;

Additionally, the following allegation/s may also be determined to fall within grounds for issue a Notice to Vacate:

15.an allegation under APPENDIX A that is particularly serious in nature; or

16.repeated instance/s of APPENDIX A allegations that occur following a formal warning.

Schedule of fees

Monash Rural Health 2025 Student Accommodation Rates
Charges

Rates Name	Amount
Subsidised Accommodation Rate	$125 per week, paid in advance Statements issued Monthly – first month paid prior to acceptance of booking
Unsubsidised Accommodation Rate	$210 per week, paid in advance, Minimum booking of one week Statements issued Monthly – first month paid prior to acceptance of booking
Lockout Fee	$250
Additional Cleaning Fee	$250
Damage to property	Variable
Lost Key/Swipe Card replacement	$50
Rubbish Removal	Up to $350

Terms and conditions

Monash Rural Health student residential accomodation terms and conditions of residency

Introduction