2023 Accommodation Agreement

2.1. The University is the owner or lessee of the Residence.

2.2. The University grants to the Resident a non-exclusive licence to use and occupy the Room, to use Shared Facilities and to access Common Facilities under the terms of this Contract.

2.3. The Resident may only occupy the Room from the Commencement Date until the End Date as noted within Schedule A of this Contract, unless otherwise extended or terminated by the University as confirmed in writing.

2.4. This Contract is personal to the Resident and does not create or confer on the Resident any rights as tenant of any part of the Residence (including the Room) or create the relationship of landlord and tenant between the parties.

2.5. The Resident acknowledges and agrees that:

2.5.1. being and remaining an Enrolled Student throughout the Contract Term is an essential condition of this Contract; and

2.5.2. the University conducts regular audits to check the enrolment status of Residents; and

2.5.3. if they are not an Enrolled Student and/or do not maintain their enrolment, then the Contract may be terminated by the University in accordance with clause 12.2.6.

2.6. The Resident agrees that the terms of this Contract cannot be varied or amended without the prior written consent of the University.

2.7. The Resident must not, at any time, assign or transfer this Contract or demise, sub-license, part with, share the possession of, or grant any licence affecting, or mortgage, charge or otherwise deal with, or dispose of any part of the Room/Unit or the Residence or procure or allow any of those things to occur.

2.8. The Residential Tenancies Act 2010 (NSW) (Act) does not apply to this Contract, as per section 12 of the Act and regulation 31 of the Residential Tenancies Regulation 2019 (NSW).

2.9. The Resident acknowledges having had the opportunity to seek independent legal advice and has entered into this Contract freely and voluntarily.

3.1. The University will, within its absolute discretion, allocate the Resident a Room within the Room Type specified within Schedule A of this Contract.

3.2. Wherever possible, the University will take into consideration room preference and other special requests, however these preferences cannot be guaranteed and allocation is at the absolute discretion of the University.

3.3. The University reserves the right to relocate the Resident to another Room of the same Room Type or to a Room of no lesser standard in any UOW Student Accommodation, by giving the Resident a minimum 5 day’s prior notice (or without notice in the event of an emergency or in the case of clause 3.3.3):

3.3.1. during the out of contract summer period;

3.3.2. for conference, trade and/or other promotional purposes; and

3.3.3. at any time where the University considers it necessary or desirable:

1. for repair and maintenance purposes;
2. for reasons of student safety or student welfare;
3. in an emergency;
4. to address difficulties between residents of the Residence;
5. to give effect to an urgent limitation, termination or suspension of a right to access imposed under the Student Conduct in Residences Policy or Student Conduct Rules; or
6. to cater for specific needs of a resident with disabilities or special health (including mental health) requirements.

3.4. Where the University requires a Resident to temporarily relocate rooms, the University will provide the Resident with advance notice and on receipt of any such notice, the Resident must vacate the Room and relocate to the room specified by the University and within the period specified in the notice.

3.5. The Resident may reside only in the Room allocated to them by the University and may not move to another Room in the Residence without the University’s prior written consent, which may be withheld in the University’s absolute discretion. If the Resident fails to comply with this clause 3.5, then the University may terminate this Contract in accordance with clause 12.2.

3.6. The Resident may request in writing to be transferred to an alternate Room and the University may agree or not agree to the request in its absolute discretion. Requests for a room transfer will only be considered after the Resident has occupied the room for a period of 6 weeks. If the request is approved by the University, the Resident will be required to pay the Transfer Fee before taking up occupancy in the newly allocated room.

3.7. If any relocation is temporary (as notified by the University to the Resident):

3.7.1. there will be no adjustment to the Accommodation Fee in relation to the temporary relocation; and

3.7.2. if advance written notice is provided in accordance with clause 3.4, and the Resident fails to return to their Room within the period specified in the notice, the Resident may be charged an Accommodation Fee for the additional Room occupied until such time as that Room is fully vacated.

3.8. If the relocation is for the remaining duration of the Contract Term (as notified by the University) and the University requires the Resident to move under clause 3.3 into a different Room Type:

3.8.1. then the Resident will pay the lower Accommodation Fee while they occupy that room; or

3.8.2. the Resident will, if provided with a choice of occupying a Room Type of higher standard and chooses to take up this option, pay the higher Accommodation Fee associated with that Room Type until the End Date.

3.9. Unless the relocation is temporary (as notified by the University to the Resident), if the Resident moves to another Room for any reason (including if required to move by the University under clause 3.3 or if the University approves the Resident’s request under clause 3.6), the new Room and subsequent Room Type will become the Room for the purposes of this Contract and the amount payable under clause 3.8 will become the new Accommodation Fee for the purposes of this Contract.

4.1. The Resident must allow the University, its agents, contractors or employees access to the Room/Unit for the purpose of cleaning, issuing notices or memos, Room/Unit inspections or maintenance, and the Resident must otherwise not impede the University’s access to, possession of or control of the Room/Unit.

4.2. Without limiting clause 4.1, the University (and any of its authorised agents, employees or contractors) may enter the Room/Unit, without notice, for the following purposes:

4.2.1. in emergency or extraordinary situations to protect the health or welfare of any person, or to clean, make repairs or comply with law or any contractual obligation of the University;

4.2.2. to ensure that health, safety and fire regulations are maintained;

4.2.3. to check whether the Resident, Family Members, Guests or Visitors are complying with this Contract;

4.2.4. if, in the reasonable opinion of the University, the Resident, Family Members, Guests or Visitors are engaged in any illegal or harmful activity, causing a disturbance or nuisance, or exhibiting behaviour such that there is a likelihood that the safety or wellbeing of any other person at the Residence is at risk.

4.2.5. if, in the reasonable opinion of the University:

1. the Resident is believed to have abandoned the Room;
2. the Resident has been reported missing;
3. a person other than the Resident or a Family Member registered to reside there is residing in the Room/Unit; or
4. immediate access is otherwise required to the Room/Unit in the circumstances, which may include carrying out a welfare check on the Resident.

4.3. The University may allow access to the Room/Unit by a member of any law enforcement agency who is seeking to establish the presence of the Resident.

5.1. The Resident acknowledges that they are responsible for ensuring that, as at the Commencement Date, they have registered and received approval by the University, prior to arrival, for all Family Members who will live with the Resident in the same Room Type for any/all periods within the Contract Term. The Resident acknowledges that any changes to the Family Members must be approved by the University prior to the Family Members’ arrival.

5.2. The Resident is responsible for the conduct and behaviour of all Family Members, Guests and Visitors of the Resident and the Resident is liable for all expenses, costs, fees, charges and damage incurred by such Family Members, Guests and Visitors including any injury or property damage they cause. The Resident may also be subject to disciplinary or other action under University policies as a result of the conduct and behaviour of their Family Members, Guests and Visitors.

5.3. The Resident must ensure that any Family Member, Guest or Visitor or other person who is in the Residence in their company complies with all of the Resident’s obligations under this Contract.

5.4. The Resident acknowledges and agrees that no overnight stays by Visitors and no Guests are permitted for those occupying a twin share Room Type in International House. Clauses 5.5, 5.6 and 5.7 are not applicable for Residents occupying a twin share Room Type in International House.

5.5. The Resident may have a maximum of one Guest stay in their Room without charge at any given time for no longer than 2 consecutive nights in any calendar month

5.6. In exceptional circumstances, should the Resident wish for a Guest to stay with them in their Room longer than 2 consecutive nights, the Resident must:

5.6.1. seek prior written approval from the University;

5.6.2. ensure all approved Guests are signed in at the Residence office and carry their sign-in slip with them at all times for the duration of their approved stay; Guests must sign out at the conclusion of their stay;

5.6.3. accompany the approved Guest at all times, and must not provide the approved Guest with any access keys, swipe cards or security devices.

5.7. Guests approved by the University in writing to stay in Residence longer than 2 consecutive nights but no more than 4 consecutive nights will be charged an Accommodation Fee for each night the Room is occupied after the 2 complementary nights and may be required to relocate to an alternate Room, at the absolute discretion of the University for the duration of their Guest stay.

5.8. If it becomes known that Guests are occupying Rooms without the University’s prior written approval the University may direct the Guest to leave the Residence and/or charge the daily rate from the commencement of their visit.

5.9. Guests and Visitors must leave (and the Resident responsible for the Guest or Visitor must assist them to leave) the Residence immediately if requested to do so by the University’s nominated representative regardless of whether this clause 5 has been complied with. The University may escalate the matter to security and/or police for a failure to comply with any such direction.

6.1. The Resident must pay:

6.1.1. the non-refundable Acceptance and Service Fee and all other relevant charges payable under this Contract (including those amounts identified in the Offer of Accommodation) prior to the Commencement Date;

6.1.2. the Accommodation Fees, fortnightly in advance for the full duration of the Contract Term;

6.1.3. by the method nominated by the University (which may include BPay, credit card or electronic funds transfer);

6.1.4. the Other Fees, as applicable, in accordance with the Fee Schedule must be paid for upfront and in full; and

6.1.5. the Optional Fees if the Resident elects to procure additional goods and/or services in accordance with this Contract.

6.2. The Acceptance and Service Fee is not refundable, whether in part or full, including in the event the Contract is terminated prior to the End Date.

6.3. If the Resident, a Family Member, Visitor or Guest accidently or deliberately activates the fire alarm (without fire or otherwise unnecessarily) and causes an evacuation and a Fire & Rescue NSW unit attends the Residence, the Resident will be charged the relevant charge amount set out in the Fee Schedule.

6.4. If, during the Contract Term, the Resident loses any of the keys, swipe cards and security devices to the Room and the Residence that have been issued to the Resident, the Resident must pay the cost of replacing those keys, swipe cards and security devices and the reconfiguration of the lock system as set out in the Fee Schedule.

6.5. Without limiting the obligations set out in this clause 6, the Resident must notify the Senior Manager, Student Residence promptly of any inability to pay any amount by the due date.

6.6. The University may, but is not obliged to, enter into a specific payment plan with the Resident if the Resident can demonstrate a need for staggered or delayed payments. All payment plans must be signed by the University and the Resident prior to the payment plan commencing. The terms of this Contract will be modified to the extent required to give effect to such an agreed payment plan.

6.7. If the fees and amounts referred to in this Contract are not paid by the due date, the University will provide written notice of such non-payment (Late Notice) to the Resident. If the University does not receive the fees within the time period specified in the Late Notice, then the University (in its discretion) may take all or any of the following actions that it considers reasonably appropriate in the circumstances:

6.7.1. applying a Late Payment Fee to the Resident’s account;

6.7.2. requiring all future payments of fees by the Resident to be made in advance of the period to which they apply;

6.7.3. preventing the Resident’s access to their Room or various facilities of the University, until payment has been made;

6.7.4. withholding the Resident’s academic results and transcripts or declining re-enrolment, until payment has been made;

6.7.5. referring any outstanding fees to a debt collection agency;

6.7.6. withholding future offers of accommodation.

6.8. The Resident acknowledges that there will be no reduction in any Accommodation Fees payable in the event that any of the utilities or other services provided by the Residence are temporarily interrupted or replaced with alternative utilities or services.

6.9. Without limiting any other provision of this Contract, the Resident acknowledges and agrees that the University is entitled to apply any overpayment of any Accommodation Fees or other charges towards the payment of any other amounts due and payable by the Resident under this Contract which have not otherwise been paid by the Resident.

6.10. Any outstanding fees, costs incurred in collection of debts, and/or the costs of any additional cleaning, rubbish removal, damage or loss to the Residence for which the Resident is responsible will be deducted from any overpayment of Accommodation Fees, or any balance of such overpayment.

6.11. Any overpayment of Accommodation Fees, or any balance of such overpayment after any deduction by the University in accordance with this Contract, will be refunded to the Resident within 60 days of termination of this Contract.

6.12. The Resident acknowledges and agrees that:

6.12.1. as the Contract is made between the University and the Resident, the Resident remains solely responsible for the payment of their account;

6.12.2. in the event the Resident’s parent, or any other third party, wishes to manage payment of their account on their behalf, the Resident may forward a copy of the invoice or statement to them. It is the Resident’s legal responsibility to advise them of the payment terms and ensure that payments are made to the University as and when due; and

6.12.3. due to Australian privacy laws, UOW staff members are unable to disclose any information to a third party without the Resident’s consent. Consent can be provided by indicating the authorised third party’s name via the UOW accommodation portal, under the section titled "Update Details”.

6.13. This clause survives the termination or expiry of the Contract.

7.1. A Room of the Room Type and in the Residence specified in Schedule A will be reserved for the Resident from the Commencement Date provided the Resident has paid all upfront fees as referred to in the Fee Schedule.

7.2. Residents can arrive from 2pm on the Commencement Date, unless otherwise agreed with the University under clause 7.2. If the Resident fails to arrive on the Commencement Date or the approved Arrival Date, the University will give written notice to the Resident of such non-arrival, and if the Resident does not respond to the University within 3 business days from the date of the notice, the Resident’s Room reservation may be cancelled, and if cancelled, the Acceptance and Service Fee will not be refunded.

7.3. If the Resident wishes to occupy a Room before the Commencement Date, the Resident must notify the University of the request in writing at least 5 business days prior to the anticipated Arrival Date. Such requests will be considered, but the Resident acknowledges and agrees that:

7.3.1. the University is not obliged to grant such requests and will make decisions about such requests in its absolute discretion; and

7.3.2. they will be responsible for all additional Accommodation Fees payable for the period of early arrival and, if accommodated during this period in a room other than that allocated under the Contract, a room clean fee; and

7.3.3. that if a Resident’s request is accommodated by allowing occupancy of a Room Type or Residence other than that specified in Schedule A (with the Resident’s agreement) for the period of early arrival up to the Commencement Date, the University reserves the right to charge a higher or lower fee commensurate with the usual rate for the different Room Type and / or Residence.

7.4. The Resident may procure additional goods and/or services set out in the Fee Schedule during the Contract Term. If the Resident wishes to procure:

7.4.1.a parking permit, the Resident must submit an application to the University. Parking permits are limited and will be allocated via a ballot process;

7.4.2.a linen pack, the Resident must submit an order to the University for approval.

7.5. The University will provide, and the Resident must complete, sign and return a Room Condition Report Form when the Resident arrives at the Residence, to confirm the condition of the Resident’s Room and any inclusions (Condition Report). The Room Condition Report must be submitted via the StarRez Portal within 48 hours of arrival. Any issues that require maintenance must also be logged as a request via the StarRez Portal. Unless the Condition Report states that any item in the Room and/or Shared Facilities is missing or that there is existing damage to any part of the Room and/or Shared Facilities, the Resident will be taken to have agreed that all items in the Room and/or Shared Facilities have been included and are in good condition.

7.6. If the resident fails to submit the Condition Report within 48 hours after arrival, the Condition Report will automatically close and the Resident will be taken to have agreed that all items in the Room and/or Shared Facilities have been included and are in good condition.

8.1. The Resident, by act or omission while in the Residence:

8.1.1. must treat others with courtesy and respect, including not engaging in sexual misconduct or behaviour that is perceived by others to be threatening or intimidating;

8.1.2. must only use the Room for residential purposes;

8.1.3. must not use the Room and/or the Residence, or cause or permit the Room and/or the Residence to be used, for any illegal purpose;

8.1.4. subject to clause 5, must not allow or permit any other person, to occupy the Room, the Residence or any part thereof without the prior written approval of the Senior Manager, Student Residence;

8.1.5. must comply with the special conditions set out at clause 15, regarding COVID-19 and similar public health emergencies;

8.1.6. must only use access keys, swipe cards or other security devices issued to them by the University (for access to Room/Residence purposes) and take reasonable care of same;

8.1.7. must not duplicate nor allow any other person, including Guests, to use their access keys, swipe cards or security devices;

8.1.8. must not cause or permit a nuisance;

8.1.9. must not interfere, or cause or permit interference, with the reasonable peace, comfort or privacy of any other person at the Residence or of any neighbours;

8.1.10. must ensure that their activities and conduct do not place themselves or other persons at risk, including risk of harm or injury;

8.1.11. must not commit or threaten to commit an act of violence against themselves or any other person;

8.1.12. must not interfere with or permit interference with the reasonable use by other Residents of the Shared Facilities or Common Facilities;

8.1.13. must not gain entry to another Resident’s room without their prior permission nor access any Shared Facilities or Common Facilities to which the Resident’s access has been temporarily or permanently denied;

8.1.14. must not obstruct the Common Facilities, entries or exits of the Residence in any way, including storing personal belongings in the common areas or spare rooms of the Residence;

8.1.15. must not remove, interfere with or use any fire detection or protection equipment (fire doors, fire blankets, fire hoses, fire extinguishers, fire alarms, smoke/thermal detectors) for any other purpose other than those for which they were designed;

8.1.16. must not add, move or remove any furniture or appliances from the Residence (within or outside the Room/Residence) without the prior written approval of the University;

8.1.17. must not store in the Residence any flammable or dangerous materials;

8.1.18. must not keep animals in the Room or in or around the Residence, without the prior written approval of the Senior Manager, Student Residence;

8.1.19. must not hang clothing on the rails or balconies of the Residence or use the Common Facilities for the purpose of hanging washing unless those Common Facilities are designated areas for the hanging of washing and contain clotheslines for these purposes;

8.1.20. must not smoke tobacco or any other substance (including e-cigarettes) or any illegal substance inside, or within 10 metres, of the Residence, including outdoor dining areas, entries, exits, stairwells and balconies and must otherwise only smoke legal substances in designated smoking areas (as determined by the University);

8.1.21. must not neglect to report incidents which endanger the safety or security of the Resident or others, or the Residence, where required. If the Resident feels that they or any other person or the Residence are at any risk, they must notify the Residence office or UOW Security immediately.

8.2. The Resident must comply with all relevant UOW policies, codes and standards, particularly noting:

8.2.1. UOW Residence Rules;

8.2.2. Student Conduct in Residences Policy;

8.2.3. Campus Access and Order Rules;

8.2.4. Student Conduct Rules;

8.2.5. Bullying Prevention Policy;

8.2.6. Sexual Harassment Prevention Policy;

8.2.7. Improper Sexual Conduct Response Policy;

8.2.8. IT Acceptable Use Policy;

8.2.9. Smoke Free University Policy; and

8.2.10. Close Personal Relationships and Guidelines

8.3. From time to time the University may introduce new or revised policies, codes and standards in connection with the Resident’s use of the Residence, including those contained within Schedule C of this Contract. Where practicable, the University will provide reasonable notice to the Resident if it decides to introduce a new policy, code or standard or make a change to a policy, code or standard specified in clause 8.2 with which the University requires the Resident to comply. Following notification under this clause 8.3, the Resident must comply with the new or amended policy, code or standard.

8.4. If the Resident, including its Family Member, Guest or Visitor, fails to comply with the policies, codes and standards as referred to in clause 8.2, the Resident must submit themselves to the procedures in the Student Conduct in Residences Policy for managing such breaches (or other applicable policy), including any disciplinary action that may be applied (including termination of this Contract and/or exclusion of the Resident and Family Members or Guests from the Residence).

8.5. The Resident agrees that the Resident, or any Family Member, Guest or Visitor, occupy and use the Room, the Common Facilities and other parts of the Residence and its facilities and services at the Resident’s sole risk. The Resident agrees that the University is not responsible for any theft, loss or damage to the property of the Resident, or any Family Member, Guest or Visitor.

The Resident must:

9.1. keep the Room clean, failing which the University may organise cleaning of the Room at the cost of the Resident; in the case where the Resident has access to Shared Facilities, keep the Shared Facilities clean with special attention to be paid to the kitchen, bathroom and appliances, failing which the University may organise cleaning of the Shared Facilities and charge the Resident applicable costs on a pro rata basis that is commensurate with

9.2. the number of individuals that have access to the Shared Facilities; not intentionally or negligently cause or permit any damage to the Residence or to any property, furniture,

9.3. fixtures or equipment in the Residence; not put anything down any sink, toilet or drain likely to cause damage or obstruction, failing which the

9.4. University may organise to repair the damage or remove the obstruction at the cost of the Resident; wrap up and place any rubbish or garbage in an appropriate container, failing which the University may organise

9.5. removal of the rubbish or garbage at the cost of the Resident; and

9.6. immediately notify the Residence of any loss, damage or defect to the Room or the Residence.

The University and the Resident agree that:

10.1. On or before the End Date, or upon earlier termination of the Contract, the Resident must:

10.1.1. vacate the Residence;

10.1.2. leave the Room and any Shared Facilities in the same condition as they were in under the Condition Report (excepting fair wear and tear), clean and clear of any personal belongings, including clothing, cooking utensils, food and other personal items brought to the Residence by the Resident, Family Member, Guest or Visitor;

10.1.3. complete all paperwork required by the University; and

10.1.4. return to the University all keys, swipe cards and any form of security devices to the Room and the Residence that have been issued to the Resident. If the Resident fails to do so, the Resident must pay the cost of replacing those keys, swipe cards and security devices and the reconfiguration of the lock system as set out in the Fee Schedule.

10.2. Before the End Date, the University will provide the Resident with reasonable notice which will set out the relevant information and procedures to complete prior to vacating the Residence. Any personal property left in the Room and/or the Residence after the Resident, Family Member, Guest or Visitor has vacated will be removed and either disposed of or given to a local charity. If there is a cost incurred by the University in removing and/or disposing of any personal property left in the Room and /or the Residence after the Resident, Family Member, Guest or Visitor has vacated, this charge will be passed on to and payable by the Resident.

10.3. After the Resident has vacated the Room and prior to the arrival of the next occupant, the University will inspect the Room (and Shared Facilities where appropriate) and compare it to the condition and repair specified in the Condition Report (fair wear and tear excepted). If the University determines, acting reasonably, that additional cleaning (including, professional cleaning of the floor coverings) will be required and/or repairs are required and/or that any furniture is missing, the Resident will be liable to pay the cost of such additional cleaning or repair or replacement of furniture.

10.4. Notwithstanding the terms of clause 12, if the Resident does not vacate the Room as required under clause 10.1, then the Resident must pay the pro rata Accommodation Fee on demand by the University, such fee being charged per day from the Termination Date until the day the Resident has fully complied with its obligations under clause 10.1.

11.1. The University does not maintain contents insurance in respect of personal property kept at Residences. It is recommended that Residents take out appropriate insurance to cover their valuables.

11.2. The Resident releases the University from, and indemnifies the University against all actions, claims and demands of any kind and from all liability which may arise in respect of any accident or damage to or loss of property (including by theft or robbery) or injury to or death the Resident, or which any Family Member, Guest or Visitor may suffer at the Residence, except to the extent that any accident or damage to property or injury or death is caused by the University’s breach of this Contract or negligent acts or omissions.

11.3. The Resident indemnifies the University in relation to:

11.3.1. all losses that the University directly or indirectly sustains or incurs as a result of any:

1. breach by the Resident, or any Family Member, Guest or Visitor of this Contract;
2. negligent, unlawful or wilful act or omission of the Resident, or any Family Member, Guest or Visitor; or
3. property damage or personal injury caused by the Resident, or any Family Member, Guest or Visitor; and

11.3.2. without limiting clause 11.1, costs and liabilities associated with:

1. repairing any damage to the Room, Shared Facilities, Common Facilities or any other part of the Residence (including, any damage to any floor covering) caused or contributed to by the Resident, or any Family Member, Guest or Visitor;
2. repairing any damaged furniture or replacing missing furniture where the damage or loss was caused or contributed to by the Resident, or any Family Member, Guest or Visitor (except fair wear and tear);
3. repairing any damage to telephone and computing infrastructure caused or contributed to by the Resident, or any Family Member, Guest or Visitor; or
4. any emergency services call outs triggered by the Resident, or any Family Member, Guest or Visitor, including any false alarms.

12.1. Termination by Resident

12.1.1. The Resident may seek to terminate this Contract prior to the End Date by submitting a “Request to be Released from Accommodation Contract” to the University via the StarRez Portal. The Resident must provide the reasons for the request, supporting documentation and nominate a proposed date of termination which is at least 4 weeks’ after the date on which the request is received by the University.

12.1.2. If approved by the University, the Resident must:

1. vacate the Residence on or before the date specified and approved by the Senior Manager Student Residence; and
2. pay the associated “Approved Release from Contract Fee” as contained in the Fee Schedule. Residents who have completed their course of study are exempted from paying the “Approved Release from Contract Fee”.

12.1.3. If not approved by the University, this Contract will continue to apply for the Contract Term, regardless of whether the Resident continues to occupy the Room and unless otherwise terminated under clause 12.2 of this Contract.

12.1.4. If the Resident wishes to remain in their room/unit after the Termination Date, they may remain in Residence in accordance with the “Terms and Conditions of a Short-Term Contract” as notified in writing and approved by the Senior Manager, Student Residence. Such terms will supersede this Contract from the Termination Date.

12.1.5. The University reserves the right to relocate a Resident referred to in clause 12.1.2 to an alternate room at the Accommodation Fee rate as notified to the Resident in writing for any period of residence as referred to in clause 12.1.2.

This clause (except clause 12.1.4) continues to apply even if this Contract is terminated.

12.2. Termination by University
Without limiting any other provision of this Contract, the University may terminate this Contract:

12.2.1. by giving the Resident not less than 28 days’ notice in writing if for any reason the University is unable to continue to provide the Room as accommodation on an ongoing basis;

12.2.2. by giving the Resident not less than 28 days’ notice in writing if in the reasonable opinion of the University a Resident, Family Member, Visitor or Guest is:

1. causing a disturbance or nuisance; or
2. engaged in any activity or behaviour which is contrary to the policies, codes or standards in clause 8.2 of this Contract and the Resident fails to remedy the breach within 28 days from the date the University issues a notice to the Resident to remedy the breach;

12.2.3. upon notice in writing to the Resident if any fees or other amounts owing by the Resident under this Contract remain unpaid for 30 days or more after becoming due and payable and the Resident fails to pay the outstanding fees within 28 days after the University issues a written notice to the Resident to pay the outstanding fees;

12.2.4. upon notice in writing to the Resident if there is a breach by the Resident, Family Member or Guest of any condition or requirement of this Contract, and the Resident fails to remedy the breach within 28 days from the date the University issues a notice to the Resident to remedy the breach;

12.2.5. upon notice in writing to the Resident if the Resident has permanently vacated the Room without providing the notice required by this Contract;

12.2.6. by giving the Resident not less than 28 days’ notice in writing if the Resident ceases to be an Enrolled Student at the University, UOW College or other educational institution approved by the Senior Manager, Student Residence; or

12.2.7. by giving the Resident not less than 28 days’ notice in writing if the University forms the view such termination is necessary for the health, safety or welfare of the Resident or any other person within the Residence (including staff) or for the prevention of substantial and serious property damage, on the basis of one of the following:

1. a previous accommodation contract between the Resident and the University was terminated by the University for breach of contract on Resident’s part;
2. the Resident has been found to have committed an intermediate or major breach of the Student Conduct in Residences Policy;
3. the Resident has been found, following a formal investigation, to have breached the Student Conduct Rules with a medium or high level outcome imposed;
4. the Resident has been subject to a termination of licence under the Campus Access and Order Rules; or
5. the Resident has been convicted of a criminal offence punishable by 12 months’ imprisonment or more.

12.3. Other termination rights of the University

12.3.1. The University may terminate this Contract by giving the Resident reasonable notice if the University considers that the Resident, a Family Member or their Guest:

1. has engaged in criminal conduct or misconduct in the Residence; or
2. has or is engaging in actions which pose a serious threat to the health, safety or welfare of the Resident or any other person within the Residence, including staff.

12.3.2. The University may immediately terminate this Contract by notice in writing to the Resident and clause 12.2 will not apply if the Room is either destroyed or so damaged as to be unfit for habitation.

12.3.3. The University may terminate this Contract without notice to the Resident in an emergency or extraordinary situation that requires the University to protect the health or welfare of the Resident or any other person within the University or Residence, including staff.

12.3.4. Nothing in this agreement limits the University’s rights to terminate this Contract under the Student Conduct in Residences Policy.

12.3.5. The Resident acknowledges that any breach of the terms of the Contract and/or termination of the Contract by the University in accordance with this clause 12 may be taken into account in the assessment of any future application to occupy UOW Residences, and may result in such applications being refused.

12.4. Eviction rights of the University
Without limiting clause 12 of this Contract, where the University considers it reasonably appropriate in the circumstances, the University may evict and escort a Resident, a Family Member or a Guest from the Residence:

12.4.1. to protect the health or welfare of the Resident, Family Member or Guest or any other person within the University or Residence;

12.4.2. if the Resident breaches the Student Conduct in Residences Policy or a policy, code or standard specified in clause 8.2 of this Contract; or

12.4.3. if the Resident fails to comply with clause 10.1 of this Contract.

13.1. The Resident acknowledges that personal information collected by the University for the provision of accommodation at the Residence will be handled in accordance with the UOW Residence Privacy Statement

13.2. The Resident further acknowledges that:

13.2.1. the Senior Manager, Student Residence (or delegate) will obtain the Resident’s official academic results or confirm the Resident’s enrolment status from the University, UOW College or other educational institution that the Resident is attending at that time, for the purpose of ensuring compliance with the requirements of the Resident’s offer of accommodation; and

13.2.2. whilst the Resident resides in the Residence, if the University becomes concerned about the behaviour of the Resident affecting the health and/or safety of any person at the Residence (including the Resident), the University may:

1. need to contact and seek assistance from any third party who can reasonably assist in ensuring the health and safety of those persons; and
2. exchange personal and/or health information of the Resident with that third party.

14.1. This Contract is governed by the laws of the State of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.

14.2. Any notice to the Resident by the University must be in writing and be given to the Resident either personally, by leaving the notice at the Residence or the Room, or by delivery by electronic mail or message.

14.3. Any notice to the University by the Resident must be in writing and given to the University by leaving the notice at the Residence’s Administration Office during normal business hours, delivery by electronic mail or via registered postal mail.

14.4. The non-enforcement by the University of any term or condition of this Contract shall not constitute a waiver of any subsequent breach of Contract or any other term or condition of this Contract.

14.5. Acceptance by the University of any payment of fees:

14.5.1. will be a waiver of the Resident’s breach of the Contract where the Resident breached the Contract because they failed to pay the fees so accepted by the University by the due date; and

14.5.2. will not be deemed a waiver of any other breach of the Contract.

14.6. This Contract constitutes the entire agreement between the Resident and the University in relation to the Offer of Accommodation and supersedes all previous agreements and correspondence, whether oral or written in relation to such subject matter.

14.7. If any part of this Contract is or becomes void, voidable or unenforceable, this Contract is to be read and construed as if that part had been severed from this Contract so that all parts not void, voidable or unenforceable remain in full force and effect and unaffected by that severance.

The University has no obligation to renew this Contract or to allow the Resident to continue to occupy the Room beyond the End Date.

15.1. This special condition takes priority over all terms of this Contract to the extent of any inconsistency.

15.2. The Resident agrees that while occupying UOW Student Accommodation, they will comply with any applicable public health orders issued by the NSW Government (or other body empowered by law to issue such orders).

15.3. The Resident agrees that where they are a suspected or confirmed case of COVID-19 they must;

15.3.1. immediately notify a member of the Residence staff;

15.3.2. follow all reasonable directions of NSW Health or the University (including in relation to isolation, quarantine and hygiene measures); and

15.3.3 follow all reasonable directions from any other authority with jurisdiction to issue such directions.

15.4. The Resident agrees , in the event of any other serious health emergency and upon written notice from the University that this special condition applies to that health emergency, to comply with the terms of this clause 15 in respect of that health emergency.