Conditions of Residency

Monash Residential Services (MRS) exists to provide a living and learning environment in which residents will always act with the best interests of fellow residents in mind. The rights you have as a member of this residential community are exactly the same as the rights other members of the Monash residential community have. In exercising your rights, your behaviour should not infringe on the rights of other residents nor should such behaviour impact adversely on the living environment of the Monash residential community. Tolerance and respect for others and their rights and freedoms should be a primary concern as should their health and personal safety. Your ability to compromise and seek the common ground is essential in ensuring a residential environment that contributes to and supports our Mission Goals -see http://www.mrs.monash.edu.au/about/

By far the most common complaint in a communal residential setting is noise. As such, all Monash residents are expected to ensure that noise is kept to a minimum. Noise which is disruptive to others is prohibited both inside and outside Monash residential halls/units/flats, including the courtyard and surrounding areas. Courtesy and consideration for others is expected at all times. If noise is bothering one person, it is too loud. If noise can be heard outside your room, it is too loud. Residents are expected to respond courteously to requests to reduce noise and to act courteously if any approach is made to other residents and/or their guests with requests for noise reduction.

By accepting residency, residents agree to respect the basic philosophy of MRS and agree to comply with the standards, terms and conditions as outlined in these Conditions of Residency (as may be amended from time to time and listed on the MRS website), the individual residential site handbooks listed on the MRS website from time to time, the MRS rules, policies and regulations listed on the MRS website from time to time, any residency agreement between the resident and MRS, and Monash University's Statutes, Regulations, Policies and Procedures, (all of which are referred to herein as the "Residency Terms").

Definitions -

"Director of MRS" means the person occupying or acting in the position of Director of Monash Residential Services from time to time or his/her nominee.

"Head" means the:

o Head of a Hall of Residence, Normanby House, South East Flats and Gippsland Residential (or any person acting in that position from time to time); and or the

o Manager Berwick Residential, Caulfield Residential and Peninsula Residential (or any person acting in that position from time to time).

"Resident" or "resident" means anyone occupying or at any time staying in (whether it is for one night or longer) any MRS accommodation and without limitation includes students, staff, guests, visitors, conference delegates and other persons.

Residents must:

1.1 obtain written permission from the relevant Head if the resident wishes:
      (a) to move from her or his allotted accommodation to another accommodation or
      (b) to arrange for a guest to stay overnight.

1.2 be responsible for the behaviour of their visitors, who are normally expected to leave by midnight.

1.3 in the case of illness, permit an authorised representative of MRS the right to obtain medical assistance and/or to send the resident either to her or his home or to a hospital at the resident's own expense.

1.4 participate to the best of their ability in the communal life of their accommodation complex and in their conduct always to show consideration for other residents.

1.5 not initiate, contribute to or allow to continue, any action which makes any noise which disturbs other residents where noise originating from but heard outside the confines of a resident’s own bedroom may be deemed to be excessive.

1.6 keep their own accommodation in good condition and pay for damage that exceeds reasonable wear and tear.

1.7 not assign or sub-let or otherwise part with possession of their accommodation without the prior written consent of MRS.

1.8 use their room only for residential purposes and not permit or allow any other person to take up residence in the room.

1.9 only allow one guest to stay in their room overnight and then only where the resident has sought and obtained permission to clause 1.1 hereof from the Head prior to the date on which the guest will share the resident bedroom and only allow the guest to stay overnight in a resident’s bedroom for a maximum of two consecutive nights.

1.10 pay any legal costs and fees incurred by MRS for any legal proceedings it may be required to take arising out of any breach on the part of the resident of either the Conditions of Residency, the Accommodation Fee Regulations and/or any agreed Residency Agreements entered into with MRS.

1.11 observe all written rules, regulations and policies made or adopted by MRS as listed on the MRS website.

1.12 permit and not interfere with the reasonable use of any shared facilities by other residents.

1.13 keep and surrender up the premises in good order and repair (excepting fair wear and tear and damage by fire, flood, tempest, earthquake and explosion).

1.14 at the expiration or earlier termination of their Residency Agreement leave their accommodation clean and, if not left clean, pay any costs incurred by MRS to clean it.

1.15 not hang clothing or other items from windows or balconies that may be observed from outside the premises.

1.16 in the case of a resident sharing a MRS flat/apartment/house pay one share of the charges for all additional services including telephone rental, cleaning and replacement of or maintenance to equipment supplied to their accommodation during this residency, where such charges are apportioned into equal shares based on the number of residents holding a residency agreement in the flat/apartment/house during the relevant period.

1.17 obtain permission from the Head prior to having a party or function and if granted pay all costs associated with the party or function, including costs incurred by MRS. MRS’ costs may include but are not limited to items such as security, personnel, cleaning, rubbish removal, repairs, etc.

1.18 treat all furniture, furnishings and property belonging to MRS with consideration and care and pay for the replacement and/or repair costs of any damage the resident causes to MRS furniture, furnishings and property to return the furniture, furnishings and property to their condition before damage.

1.19 ensure that they do not compromise the security of any MRS buildings or premises and not leave unattended external doors, windows and window furnishings unlocked and/or open.

1.20 cooperate with MRS energy reduction initiatives at all times by actively reducing and/or recycling waste and conserving resources. See http://www.mrs.monash.edu.au/on-campus/environment/res-com-initiatives/index.html

1.21 not possess or consume alcohol if they are under the age of 18 years and if over the age of 18 years must not distribute alcohol to anyone under the age of 18 years; and

1.22  park their vehicles in accordance with the MRS Parking Permit Rules and must not park their vehicles in areas not designated as car parking bays nor in car parking bays which have signage restricting the use of the bays to authorised persons such as members of the Residential Support Team.

2.1 The Head is responsible for all aspects of administration within each resident’s accommodation complex. Residents are admitted and/or excluded to/from residence at her/his sole discretion. The Head may enforce regulations concerning behaviour and discipline and exercise disciplinary authority over all residents of their accommodation complex. The Director MRS may also do anything a Head may do.

2.2 Residents must obey the instructions of the College Head, Deputy College head, Residential Support Assistant and Resident Advisors.

MRS reserves the right of entry to resident accommodation by approved staff in approved situations (e.g. weekly cleaning, health and safety, smoke detector tests, maintenance or in the case of emergency, actual or suspected). Approved staff will carry appropriate identification at all times and will present such identification to residents on request. Residents are encouraged to request the production of identification and to report any concerns to the Head or to the Director of MRS.

For reasons of health, safety and/or environmental consideration, the following items are absolutely forbidden within a MRS accommodation complex:

(a) double adaptors and non-Australian power plugs for any electrical device (if an electrical device has been purchased outside Australia, an adapter must be purchased and used for all non-Australian power plugs),
(b) personal heaters of any kind, e.g. bar radiators, fan heaters, oil heaters, etc,
(c) portable air-conditioners and evaporative coolers,
(d) candles, incense or anything which generates a naked flame,
(e) missiles, fireworks and firearms,
(f) pets or animals.

Residents are absolutely forbidden to cook food in their private bedrooms. Residents are permitted to cook food for personal consumption in approved kitchen areas PROVIDED all personal cooking appliances (including jugs, kettles and birkos) are fitted with an automatic cut-off switch.

MRS:

(a) reserves the right to remove/dispose of unregistered motor vehicles and their contents from MRS car parks;
(b) accepts no liability for the removal/disposal of unregistered motor vehicles and their contents from the car parks.

MRS is not responsible in any way for the safekeeping of residents' belongings. Belongings left in any accommodation or on MRS premises by departing residents will be disposed of immediately and residents will incur an additional fee for their disposal.

Owing to the sensitive nature of a large communal living environment, residents who do not accept and comply with the rules, regulations and policies of MRS or any other Residency Terms, may be required to leave or incur such other sanction as may be imposed under the MRS Policy on the Resolution of Breaches of Residential Community Standards (available at http://www.mrs.monash.edu.au/on-campus-accommodation/regulations-and-policies/grievance-procedures.html)

All applications for residency are, if accepted, valid for the term of agreement only.

Accommodation is offered to residents on the proviso that ALL residents are required to vacate their accommodation by the end of their Residency Agreement or by 31 December in the year they commenced residency whichever comes first. Residents who wish to stay over the "summer" period (December, January, and early February) must apply for permission to do so by completing a form by 30 November in any given year (the form is available from the Residential Office). Owing to annual maintenance, services provided to residents over this period are greatly reduced and residents may be required to move to another hall/flat/unit/house. Noise levels owing to maintenance works may also be greatly increased during this period. Residents should take special note that there is no reduction in charges during this period. All residents must sign a Residency Agreement for their stay over the "summer period".

Any resident who has outstanding accounts will not be allowed to continue their residency without the full payment of overdue accounts. In the case of all MRS sites except the Halls of Residence and Normanby House at Clayton, if as a result of overdue accounts a resident is required to vacate their accommodation or owing to misconduct is required to vacate their accommodation, the resident will remain responsible for the payment for the accommodation allocated to them for the whole period of their Residency Agreement or until such time that a suitable replacement is found (whichever comes first). In the case of the Halls of Residence and Normanby House at Clayton, if as a result of overdue accounts a resident vacates their accommodation, or owing to misconduct is required to vacate their accommodation, the resident will be charged for all accommodation had at the rate depending on the length of residency. (See Clayton Residential Accommodation Fee Regulations for the Halls of Residence and Normanby House).

To protect the interests of all residents and MRS, residents and/or their guests may be required, by notice to take effect immediately or at some later time, to vacate their accommodation and/or leave the premises, either permanently or temporarily, for any of the following:

11.1 physical assault and/or physical harassment;
11.2 sexual assault and/or sexual harassment;
11.3 possession of illegal drugs or other illegal substances;
11.4 use of illegal drugs or other illegal substances;
11.5 selling or dealing illegal drugs or other illegal substances;
11.6 engaging in any activity of a criminal nature;
11.7 threats and or emotional injury, including but not limited to harassment, stalking, psychological aggression;
11.8 engaging in any behaviour which brings Monash University and/or MRS into disrepute; and/or
11.9 breach of any conditions listed in a behavioural instruction imposed by the Head.

The Head or Director of MRS may act under this section 11 where he or she reasonably suspects or has reasonable grounds for suspecting that any of the conduct referred to in this section 11 has occurred, notwithstanding that it subsequently turns out that a court or other adjudicating body finds that it has not occurred. Action taken under this section 11 is NOT subject to a right of review under the MRS Policy on the Resolution of Breaches of Residential Community Standards (available at http://www.mrs.monash.edu.au/on-campus-accommodation/regulations-and-policies/grievance-procedures.html) Where any conduct could come under both this section 11 and section 12, action may be taken under either section in relation to that conduct.

To protect the interests of all residents and MRS, but subject to a right of review under the MRS Policy on the Resolution of Breaches of Residential Community Standards (available at http://www.mrs.monash.edu.au/on-campus-accommodation/regulations-and-policies/grievance-procedures.html) except where action under section 11 has been taken, residents and/or their guests may be required, by notice to take effect immediately or at some later time, to vacate their accommodation and/or leave the premises, either permanently or temporarily, for any of the following:

12.1 refusal to evacuate their accommodation and/or the premises despite being advised to do so by an officer of the Metropolitan Fire Brigade, the Building Warden or any other authorised representative of Monash University and/or MRS or by a computer automated evacuation command generated by the buildings Emergency Warning and Evacuation System;

12.2 verbal abuse against another resident, guest or staff member;

12.3 threatening behaviour;

12.4 racial discrimination or racial vilification;

12.5 intentional, reckless or negligent damage to Monash University and/or MRS property and/or the property belonging to another resident and/or belonging to a guest of another resident or any other person;

12.6 drunkenness that endangers your life and/or impacts negatively upon other residents either around you and/or in an MRS accommodation complex (hall, flats, houses);

12.7 excessive noise or noise that unreasonably or negatively impacts on those around you and/or in an MRS accommodation complex (hall, flats houses) irrespective of the time of day or night;

12.8 cooking in bedrooms and/or in an area that is not an approved kitchen;

12.9 smoking in areas other than in areas (if any) designated for smoking;

12.10 unauthorised use of and/or interfering with fire fighting equipment, including smoke and thermal detectors;

12.11 unauthorised entry onto roofs;

12.12 unauthorised entry into plant rooms;

12.13 unauthorised entry into any other room;

12.14 bringing pets into bedrooms, flats and houses;

12.15 bringing firearms onto MRS property;

12.16 throwing objects from windows or from roofs;

12.17 subletting bedrooms, flats or houses;

12.18 theft;

12.19 preventing Monash University and/or MRS staff from completing authorised duties;

12.20 contravening any Health and Safety Regulation;

12.21 contravening any Monash University and/or MRS rule, regulation and/or Policy;

12.22 contravening any of the rules or conditions as laid out in the Residential Handbook which is available at http://mrs.monash.edu/on-campus-accommodation/index.html;

12.23 contravening or non-compliance with the MRS Critical Incident Management Protocols;

12.24 behaviour that endangers your life and/or impacts negatively upon other residents and/or staff either around you and/or in an MRS accommodation complex (hall, flats, houses);

12.25 misconduct, which is deemed to be an action or series of actions that breach generally accepted standards of behaviour;

12.26 unauthorised use of mobile phones and/or cameras to capture an image/s of a person/s without the subject person/s granting permission to do so;

12.27 a resident's accommodation becomes unfit for living in (not due to the fault of MRS);

12.28 unauthorised removal of MRS property including furniture and fittings from communal areas; and

12.29 failing to keep their individual room and any communal areas within a flat, unit or house clean and tidy in accordance with the cleaning specifications as outlined on the MRS web site.

The Head or Director of MRS may act under this section 12 where he or she reasonably suspects or has reasonable grounds for suspecting that any of the conduct referred to in this section 12 has occurred, notwithstanding that it subsequently turns out that a court or other adjudicating body finds that it has not occurred.

Residents are reminded of the Courses and Degrees (General) Regulations of the University as outlined in the Monash University Calendar which provide in part as follows:-

"RESTRICTIONS ON ENROLMENT AND GRADUATION

1 No person shall be entitled to enrol or re-enrol for any course of study, subject or unit at the University or to be admitted to any degree or awarded any diploma of the University:

      1.1 while that person is excluded from the University; or

      1.2 while any prescribed fees are presently due for payment by that person to the University; or

      1.3 while any monies other than fees referred to in subsection 1.2 are presently due for payment by that person to the University, or any monies which become payable under any repealed regulation of the University remain unpaid, unless the Registrar in that Officer's absolute discretion gives the person permission to do so."

For more information regarding restrictions that are placed on students with debts to MRS, please see: http://www.monash.edu.au/fees/encumbrances/accommodation.html

Residents must comply with all local Council regulations especially with regard to noise levels, parking and rubbish collections.

Individual resident accommodation allocations are made at MRS' absolute discretion. At any time during a resident's residency, MRS reserves the right to transfer the resident to another accommodation in either the same residential complex or other MRS accommodation provided the other MRS accommodation complex is located at the same campus. However, in the event of an emergency, MRS reserves the right to transfer residents to other MRS accommodation sites located on any Monash campus.

Each resident must remain a full time Monash University student throughout their period of residency. MRS offers accommodation to Monash University students provided they remain a full-time student throughout the year and that if they discontinue their enrolment or change from full-time to part-time study or transfer to distance education, MRS may end their residency and they may be required to vacate their accommodation.

No person shall be entitled to re-admission into a MRS accommodation complex if they have previously been evicted from MRS accommodation or have received two written warnings regarding their behaviour during their residency in a MRS accommodation complex.

MRS accepts no liability for any loss and/or damage and/or corruption to data, software and/or hardware caused to a resident’s personal computer as a result of it being connected to the university computer network. Residents are also responsible for all maintenance and software and/or system upgrades for their personal computers. They should also ensure that they have installed and kept up to date virus protection and adequate firewall protection software to prevent intrusion by viruses, malware and unsolicited downloads.

If a resident’s accommodation or surrounding premises are for any reason either destroyed or damaged so that the accommodation becomes unfit for habitation, all rights to occupy the accommodation shall thereupon terminate.

Where MRS, acting reasonably, forms the view that it was not appropriate for a fire alarm to be activated, MRS will issue an invoice to residents who set off a fire alarm (whether they have acted wilfully or negligently) to recover the cost of attendance by the Metropolitan Fire Brigade.

MRS reserves the right to change the Conditions of Residency, Accommodation Fee Regulations, individual residential site handbooks, and any other MRS rules, policies and regulations, at any time by posting such changes or revised documents on the MRS website. Please refer to http://www.mrs.monash.edu.au/ for the current Conditions of Residency and other relevant MRS documents.

Last updated 27 November 2009