Industry

Accommodation industry has responsibilities to new legislation

The new suite of state legislation to modernise the Queensland accommodation industry has some significant responsibilities for resident managers and their workforces to ensure that they are aware of all the accountability requirements.

The state parliament will be debating the two new legislative reforms, the Property Occupations bill and the Financial Agents Administration bill this month as part of the replacement program of the previous Property Agents and Motor Dealers Act. Later in the parliamentary year, following the detailed review process currently underway, the new Body Corporate and Community Management legislation will be introduced and brought into the parliament.

The Department of Fair Trading has undertaken to provide face to face briefings to all interested parties in a state-wide program to ensure that managers, owners and other interested parties can fully understand the new programs and processes that will flow from the updating of the legislation. Resident managers across the state need to be aware that the new legislation carries with it a range of specific responsibilities regarding the day-to-day operations of their businesses and that it is vital that all managers and their staff are aware of the regulations and requirements.

The Office of Fair Trading has advised ARAMA that there have been concerns about the level of inconsistencies within the industry in the past and that Fair Trading inspectors will be vigilant in their investigations when the new legislation comes into effect. The state government has a determined policy to boost all levels of the tourist industry as one of its four pillars of industry development and as a result of the focus on the accommodation industry it will be encouraging all industry participants to make sure they comply with the lawful requirements.

The government wants the accommodation industry to continue to enhance the tourism opportunities across the state and to enhance the reputation of the tourist accommodation and facilities, but also be competitive and attractive to the continuing shift of permanent migrants to the state.

There continues to be significant investment in density living complexes in key areas of the state and new complexes are being developed in regional centres and holiday destinations. The state government is also initiating new opportunities for sensible tourism development in national parks and some islands to add to the visitor resources and visitor diversity.

These are exciting times for our holiday and accommodation industries but, as key operators in the accommodation business, resident managers must be aware of their responsibilities and requirements within their businesses. As licensed persons, we have very serious responsibilities including the management of trust accounts and complying with the not only the requirements of the Office of Fair Trading but also safety and security laws and regulations on behalf of owners, residents and visitors.

The requirements are a significant part of the 24/7 responsibilities that resident managers are required to understand and implement on a daily basis. In our recent state tour, our ARAMA meetings were well attended by members and prospective resident managers who were focussed on updating their awareness of what the new legislative changes would bring to the industry.

In essence the new legislation provides a greater focus on the industry and removes the red tape confusion of the previous diverse legislation. But it also spells out quite clearly the rights and obligations of managers to their owners and guests to ensure that our industry, for both permanent and holiday accommodation, is sound and relevant in today’s environment.

The legislation recognises that the resident manager faces many challenges in operating what is essentially a “people business.” Thus it is important that managers and their teams be aware of all the aspects within the legislation and its supporting regulations so they are properly equipped to deal with any issues that may emerge in the administration of the properties that they manage.

The management rights industry which was founded and developed in Queensland has made a significant contribution to the tourist and density living industries in Queensland. The new legislation will provide new opportunities for new investors, new owners and a greater number of Australian and international tourists to come to live and holiday in Queensland.

I urge all who are interested in the growth of the Queensland tourist and accommodation industries to take the time to understand the new legislation and the responsibilities and opportunities it brings to our industry and its future. It is legislation that will continue to build the industry with a key focus on responsibilities to ensure that it provides security for all parties.

Bill Kemter, ARAMA

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