Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024 (Vic)
Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024
S.R. No. 130/2024
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provisions
3Commencement
Part 2—Residential Tenancies Regulations 2021
4Definitions
5Regulation 49 revoked
6New clause 15 inserted in Schedule 4
Part 3—Residential Tenancies (Rooming House Standards) Regulations 2023
7Definitions
8Regulation 9A inserted
9Regulations 30A and 30B inserted
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Endnotes
STATUTORY RULES 2024
S.R. No. 130/2024
Residential Tenancies Act 1997
Residential Tenancies and Residential Tenancies (Rooming House Standards) Amendment (Minimum Energy Efficiency and Safety Standards) Regulations 2024
The Governor in Council makes the following Regulations:
Dated: 26 November 2024
Responsible Minister:
GABRIELLE WILLIAMS
Minister for Consumer AffairsANGELA SMITH
Clerk of the Executive Council
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to amend the Residential Tenancies Regulations 2021 to prescribe rental minimum standards for corded internal window coverings; and
(b)to amend the Residential Tenancies (Rooming House Standards) Regulations 2023 to—
(i)prescribe standards for heating in a rooming house; and
(ii)prescribe ratings and efficiency rating systems in relation to rooming houses; and
(c)to make consequential and other amendments to those Regulations.
2Authorising provisions
These Regulations are made under sections 142C and 511 of the Residential Tenancies Act 1997.
3Commencement
These Regulations come into operation on 1 December 2024.
PART 2—RESIDENTIAL TENANCIES REGULATIONS 2021
4Definitions
In regulation 5 of the Residential Tenancies Regulations 2021[1]—
(a)in the definition of BCA Volume One, for "Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to" substitute "including any Victorian variations or additions set out in";
(b)in the definition of BCA Volume Two, for "Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to" substitute "including any Victorian variations or additions set out in";
(c)insert the following definitions—
"cleat means a device that—
(a)has a bar with arms around which a cord can be wound; and
(b)can be attached to a wall or other structure;
cord means a rope, strap, string, chain, line or wire used to operate a corded internal window covering;
cord guide means a device designed to retract, tension or secure a cord;
corded internal window covering means either of the following corded devices for use inside a building—
(a)a window covering, including a curtain or blind;
(b)fittings used with a window covering, including a traverse rod or track;
National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time;".
(d)the definition of National Construction Code Series is revoked.
5Regulation 49 revoked
Regulation 49 of the Residential Tenancies Regulations 2021 is revoked.
6New clause 15 inserted in Schedule 4
After clause 14 in Schedule 4 to the Residential Tenancies Regulations 2021 insert—
"15 Corded internal window coverings
On and from 1 December 2025, the standard for corded internal window coverings installed at the rented premises is that—
(a)a loose cord that is part of the window covering cannot form a loop of 220 mm or longer that is less than 1600 mm above floor level, and is secured by either—
(i)a cord guide, no part of which is installed lower than 1600 mm above floor level, unless—
(A)the cord guide will remain firmly attached to a wall or other structure specified in the installation instructions for the corded internal window covering when subjected to a tension force of 70 Newtons applied in any direction for 10 seconds; and
(B)the cord is sufficiently secured or tensioned to prevent the formation of a loop 220 mm or longer; or
(ii)a cleat that is installed against a wall or structure at least 1600 mm above floor level; and
(b)the cord guide or cleat in paragraph (a) is to be installed in a way that—
(i)uses any components specified in the installation instructions for the corded internal window covering as necessary to meet requirements for cord safety; and
(ii)is in accordance with the installation instructions for the corded internal window covering for the purpose of ensuring that a loose cord cannot form a loop as described in paragraph (a).".
PART 3—RESIDENTIAL TENANCIES (ROOMING HOUSE STANDARDS) REGULATIONS 2023
7Definitions
In regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023[2]—
(a)in the definition of BCA Volume One, for "Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to" substitute "including any Victorian variations or additions set out in";
(b)in the definition of BCA Volume Two, for "Series including any variations or additions in the Victoria Appendix set out in Schedule 1 to" substitute "including any Victorian variations or additions set out in";
(c)insert the following definitions—
"Class 1 building has the same meaning as it has in the Building Code of Australia;
Class 2 building has the same meaning as it has in the Building Code of Australia;
climate zone means, in relation to a rooming house, a geographical region of climate specified in the GEMS air conditioner rating system in which the rooming house is located;
energy efficient fixed heater means—
(a)an electric non‑portable, non‑ducted air conditioner or heat pump capable of heating with a 2 star or above heating rating in the GEMS air conditioner rating system for non‑ducted air conditioners or heat pumps; or
(b)an electric ducted air conditioner or heat pump with a Heating Seasonal Performance Factor of 3.2 or above in the GEMS air conditioner rating system for ducted systems;
fixed heater means—
(a)an electric ducted heating or electric hydronic heating system; or
(b)an electric non‑portable, non‑ducted air conditioner or heat pump capable of heating with a 2 star or above heating rating in the GEMS air conditioner rating system for non‑ducted air conditioners or heat pumps; or
(c)an electric heater that is not designed or manufactured to be solely portable;
GEMS air conditioner rating system means—
(a)for the energy efficiency of a non‑ducted air conditioner or heat pump, the star rating in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 or any corresponding subsequent determination; or
(b)for the energy efficiency of a ducted air conditioner or heat pump, the Heating Seasonal Performance Factor in the Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 or any corresponding subsequent determination;
National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time;";
(d)the definition of National Construction Code Series is revoked.
8Regulation 9A inserted
After regulation 9 of the Residential Tenancies (Rooming House Standards) Regulations 2023 insert—
"9A Standard for heating in resident's room
(1)On and from 1 December 2024 until 30 November 2025, the standard for heating in a room provided to a resident of a rooming house is that—
(a)if a heater is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, the heater is to be a fixed heater in good working order unless it is unreasonable to install a fixed heater; and
(b)any installation of a heater referred to in paragraph (a)—
(i)is to be carried out in accordance with the manufacturer's instructions; and
(ii)in the case of a heater referred to in paragraph (c) of the definition of fixed heater, is to involve fixing the heater to a wall, floor or ceiling in the room.
(2)On and from 1 December 2025 until 30 November 2030, the standard for heating in a room provided to a resident of a rooming house is that—
(a)a fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house unless it is unreasonable to install a fixed heater; and
(b)a fixed heater referred to in paragraph (a) is to be installed—
(i)in accordance with the manufacturer's instructions; and
(ii)in the case of a heater referred to in paragraph (c) of the definition of fixed heater, by fixing the heater to a wall, floor or ceiling in the room.
(3)Without limiting the grounds on which it is unreasonable to install a fixed heater under subregulations (1)(a) and (2)(a), it is unreasonable to install a fixed heater if—
(a)the cost of installation of the fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(b)owners corporation rules prohibit installation of the appliance; or
(c)compliance with any other Act or local law makes the cost of installation prohibitive; or
(d)there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or
(e)there is an existing gas ducted heating or gas hydronic heating system which has an outlet in the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(f)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.
(4)On and from 1 December 2030, the standard for heating in a room provided to a resident of a rooming house is that—
(a)either—
(i)an energy efficient fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, unless it is unreasonable to install an energy efficient fixed heater; or
(ii)if it is unreasonable to install an energy efficient fixed heater, a fixed heater in good working order is to be installed in, or is to have an outlet in, the room provided to a resident of a rooming house, unless it is unreasonable to install a fixed heater; and
(b)an energy efficient fixed heater or a fixed heater (as the case requires) referred to in paragraph (a) is to be installed—
(i)in accordance with the manufacturer's instructions; and
(ii)in the case of a heater referred to in paragraph (c) of the definition of fixed heater, by fixing the heater to a wall, floor or ceiling in the room.
(5)Without limiting the grounds on which it is unreasonable to install an energy efficient fixed heater under subregulation (4)(a)(i), it is unreasonable to install an energy efficient fixed heater if—
(a)the cost of installation of the energy efficient fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(b)owners corporation rules prohibit installation of the appliance; or
(c)compliance with any other Act or local law makes the cost of installation prohibitive; or
(d)there is an existing fixed heater in good working order in, or with an outlet in, the room provided to a resident of a rooming house; or
(e)there is an existing fixed heater or a gas ducted heating or gas hydronic heating system in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(f)there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or
(g)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.
(6)Without limiting the grounds on which it is unreasonable to install a fixed heater under subregulation (4)(a)(ii), it is unreasonable to install a fixed heater if—
(a)the cost of installation of the fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(b)owners corporation rules prohibit installation of the appliance; or
(c)compliance with any other Act or local law makes the cost of installation prohibitive; or
(d)there is a gas ducted heating or gas hydronic heating system in good working order which has an outlet in the room provided to a resident of a rooming house; or
(e)there is an existing gas ducted heating or gas hydronic heating system which has an outlet in the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(f)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.".
9Regulations 30A and 30B inserted
After regulation 30 of the Residential Tenancies (Rooming House Standards) Regulations 2023 insert—
"30A Urgent repairs—efficiency rating systems
For the purposes of section 129(4) of the Act, the following systems of rating the efficiency of any appliances, fittings and fixtures are prescribed—
(a)for the water efficiency of an appliance, fitting or fixture, the WELS scheme in the Water Efficiency Labelling and Standards Act 2005;
(b)on and from 1 December 2024, for the energy efficiency of a non‑ducted air conditioner or heat pump, the rating system referred to in paragraph (a) of the definition of GEMS air conditioner rating system;
(c)on and from 1 December 2030, for the energy efficiency of a ducted air conditioner or heat pump, the rating system referred to in paragraph (b) of the definition of GEMS air conditioner rating system.
30BUrgent repairs—levels of ratings in efficiency rating systems
(1)For the purposes of section 129(4) of the Act, the levels of ratings prescribed for any appliances, fittings and fixtures which use or supply water are—
(a)a 3 star rating in the WELS scheme in the efficiency rating system referred to in regulation 30A(a); or
(b)if, because of the age, nature or structure of the plumbing in the rooming house, a replacement with a 3 star rating referred to in paragraph (a) cannot be installed or, when installed will not operate effectively, the highest rating in the efficiency rating system referred to in regulation 30A(a) of a replacement appliance, fitting or fixture that will operate effectively.
(2)On and from 1 December 2024 until 30 November 2030, for the purposes of section 129(4) of the Act, in the case of a non‑ducted air conditioner or heat pump referred to in paragraph (b) of the definition of fixed heater, the level of rating prescribed is a 2 star heating rating for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(b), unless it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in paragraph (b) of that definition.
(3)Without limiting the grounds on which it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in subregulation (2), it is unreasonable to install a non‑ducted air conditioner or heat pump if—
(a)there is a fixed heater in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(b)the cost of installation of the fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(c)owners corporation rules prohibit installation of the appliance; or
(d)compliance with any other Act or local law makes the cost of installation prohibitive; or
(e)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.
(4)On and from 1 December 2030, for the purposes of section 129(4) of the Act, in the case of an energy efficient fixed heater, the levels of ratings prescribed are—
(a)for a non‑ducted air conditioner or heat pump referred to in paragraph (a) of the definition of energy efficient fixed heater, a 2 star heating rating for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(b), unless it is unreasonable to install a non‑ducted air conditioner or heat pump referred to in paragraph (a) of that definition; or
(b)for an electric ducted air conditioner or heat pump referred to in paragraph (b) of the definition of energy efficient fixed heater, a Heating Seasonal Performance Factor of 3.2 for the climate zone of the rooming house in the efficiency rating system referred to in regulation 30A(c), unless it is unreasonable to install an electric ducted air conditioner or heat pump referred to in paragraph (b) of that definition.
(5)Without limiting the grounds on which it is unreasonable to install a non‑ducted air conditioner or heat pump under subregulation (4)(a), it is unreasonable to install a non‑ducted air conditioner or heat pump if—
(a)there is an existing energy efficient fixed heater in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(b)the cost of installation of the energy efficient fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(c)owners corporation rules prohibit installation of the appliance; or
(d)compliance with any other Act or local law makes the cost of installation prohibitive; or
(e)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.
(6)Without limiting the grounds on which it is unreasonable to install an electric ducted air conditioner or heat pump under subregulation (4)(b), it is unreasonable to install an electric ducted air conditioner or heat pump if—
(a)there is an existing energy efficient fixed heater in, or with an outlet in, the room provided to a resident of a rooming house being replaced with a heater of an identical type under a manufacturer, supplier or installer warranty; or
(b)the cost of installation of the energy efficient fixed heater is significantly higher than the average cost of installation in a Class 1 building, Class 2 building or Class 3 building equivalent to the rooming house; or
(c)owners corporation rules prohibit installation of the appliance; or
(d)compliance with any other Act or local law makes the cost of installation prohibitive; or
(e)the rooming house is a registered place and an application for a permit to alter the relevant features of the premises to comply with this standard has been refused in accordance with section 101 of the Heritage Act 2017.
(7)Nothing in this regulation prevents the replacement of an appliance, fitting or fixture with an appliance, fitting or fixture of a level of rating above the level of rating prescribed in subregulations (1), (2) and (4).
Note
See section 129(4) of the Act.".
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ENDNOTES
[1] Reg. 4: S.R. No. 3/2021 as amended by S.R. Nos 21/2021 and 35/2022.
[2] Reg. 7: S.R. No. 10/2023.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.
In this table—
BCA Volume One means Volume One of the National Construction Code including any Victorian variations or additions set out in that Volume;
BCA Volume Two means Volume Two of the National Construction Code including any Victorian variations or additions set out in that Volume;
National Construction Code means the National Construction Code published by the Australian Building Codes Board as amended, published or adopted from time to time.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 4(a) and (b), which amend regulation 5 of the Residential Tenancies Regulations 2021 (definitions of BCA Volume One and BCA Volume Two) | BCA Volume One BCA Volume Two | The whole |
| Regulation 4(c), which inserts a definition of National Construction Code in regulation 5 of the Residential Tenancies Regulations 2021 | The National Construction Code | The whole |
| Regulation 7(a) and (b), which amend regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 (definitions of BCA Volume One and BCA Volume Two) | BCA Volume One BCA Volume Two | The whole |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 7(c), which inserts a definition of GEMS air conditioner rating system in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 | Greenhouse and Energy Minimum Standards (Air Conditioners up to 65kW) Determination 2019 made under sections 23 and 35 of the Greenhouse and Energy Minimum Standards Act 2012 of the Commonwealth on 25 March 2019 | The whole |
| Regulation 7(c), which inserts a definition of National Construction Code in regulation 5 of the Residential Tenancies (Rooming House Standards) Regulations 2023 | The National Construction Code | The whole |
| Regulation 8, which inserts regulation 9A(3)(e), 5(g) and 6(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | Heritage Act 2017 | Part 5 |
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 9, which inserts regulations 30A(a) and 30B(1)(a) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | Water Efficiency Labelling and Standards Act 2005 | Part 3 |
| Regulation 9, which inserts regulation 30B(3)(e), (5)(e) and (6)(e) in the Residential Tenancies (Rooming House Standards) Regulations 2023 | Heritage Act 2017 | Part 5 |
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