- This is a lodging agreement and is not a Residential Tenancy Agreement under the Residential Tenancies Act 2010 (NSW). The Resident does not acquire an estate or any other interest in the Room, other than the right to use the Room, in accordance with this Agreement.
- This Agreement is between UNE and the Resident.
- This Agreement is made up only of the Details and these Terms and Conditions. The Resident must comply with the documents referred to in this Agreement but those documents do not form part of this Agreement.
- Unless determined by UNE, the Room is not suitable accommodation for children and families.
- Subject to Resident’s compliance with this Agreement and Applicable Policies, the Resident may, for the Term, or until the early cancellation or termination of this Agreement:
- occupy the Room;
- use the fixtures, fittings and furnishings in the Room; and
- access the services (if any) provided under the terms of this Agreement.
- pay all Fees in accordance with clause 5;
- use the Room only as a residence;
- keep the Room in a clean and tidy condition;
- seek the prior written consent of UNE prior to removing any furniture or equipment from the Room;
- keep their Room and belongings secure;
- pay for or reimburse UNE for any damages the Resident causes or permits to occur to the Room or the College;
- prevent the obstruction of any public areas of the College;
- comply with lawful notices and reasonable directions from UNE;
- notify UNE of any infectious illness or pest that may require the fumigation or disinfection of the Room or College;
- notify UNE immediately and no later than 24 hours, in writing, of any loss, damage, or defect to the Room, or other areas of the College or any loss or damage to the keys/access cards issued to the Resident.
- allow UNE, its employees, agents and contractors to enter the Room for inspection, repair, cleaning or other reasonable purposes, including welfare checks;
- read and comply with the:
- Residential College Code of Conduct;
- College Handbook;
- Student Behavioural Misconduct Rules.
- make any alterations, additions, or improvements to the Room;
- cause damage to the Room or the College;
- assign, rent, sub-let or otherwise transfer occupancy of the Room;
- use the Room for any illegal or harmful purpose;
- use the Room for commercial activities.
- vacate the Room by 10:00am or another time notified by UNE;
- return the Room to the condition in which the Room was first provided and in accordance with the Condition Report (except for fair wear and tear);
- remove all of their belongings, rubbish and other items;
- return all keys or other security devices.
- UNE, its employees, agents and contractors may enter the Room:
- at all reasonable times on reasonable notice for the purposes of inspecting the room, making repairs and/or for purposes which UNE is bound to carry out under the requirements of any contract or statute; and
- without notice in exigent circumstances and/or emergencies.
- UNE may move the Resident at any time, including:
- to move a Resident within the Resident’s College building; or
- if occupancy within any College falls below 50% of capacity.
- with reasonable notice;
- to an equivalent standard of room; and
- without any increase to the Fees for the Term.
- consider room available at the other college and the remaining period of the term of this Agreement;
- consider waiving the Notice Period in whole or part;
- apply reasonable conditions.
- UNE College Debtor Procedures, as amended from time to time, apply.
- Tax invoices are available through AskUNE.
- The Resident must pay the Advance Payment by the date advised by UNE. This provides time for a direct debit arrangement for payment of Fees.
- The Advance Payment will be used for payment of Fees and, once exhausted, Fees will be paid by direct debit in accordance with the direct debit request authorisation and the Direct Debit Service Agreement as amended from time to time.
- The Resident acknowledges that there is a cost involved in administering late payments if direct debit payments are declined and that the Late Fee is reasonable to reimburse UNE for such costs.
- The Resident authorises UNE to access the Resident’s enrolment details and academic progress for the purposes of determining the Resident’s status as a student of UNE.
- The Resident must notify the College in writing, within two (2) working days, of the completion, termination or suspension of the Resident’s course of study or of any change in the Resident’s enrolment status at UNE.
- UNE may terminate this Agreement immediately if the Resident’s course of study at UNE is terminated, suspended, completed, or the Resident no longer qualifies as a UNE student.
- The Resident is permitted to have guests and overnight visitors only if:
- guest details are notified to the Head of College or their delegate prior to arrival or as soon as possible after the guest arrives;
- a guest will stay no more than eight nights in a calendar year;
- a guest does not stay in the common areas of the College; and
- a guest behaves in the manner expected of the Resident.
- The Resident may cancel this Agreement by notifying UNE through AskUNE:
- with immediate effect at any time prior to the Start Date;
- with 4 weeks’ prior notice (Notice Period) on or after the Start Date;
- if they are a New Resident, within 28 days from the Start Date.
- makes the application within ten (10) working days of notifying UNE of the early cancellation; and
- demonstrates a material change in circumstances that is the reason for the early cancellation, examples of which include:
- medical reasons; and
- family/personal reasons; and
- UNE may terminate this Agreement:
- by giving 2 weeks’ written notice if:
- the Resident is not a student of UNE; or
- the Resident breaches this agreement and that breach cannot, in the reasonable opinion of the Head of College, be remedied;
- is excluded or expelled in accordance with the Residential Code of Conduct or the Student Behavioural Misconduct Rules; or
- commits any act or behaviour that, in the reasonable opinion of the Head of College, poses a serious threat to the safety or welfare of the other UNE residential college residents or UNE staff; or
- commits any act or behaviour which, in the reasonable opinion of the Head of College, demonstrates the Resident is not fit to reside in UNE residential colleges, including matters concerning the Resident’s own wellbeing; the ability of UNE to support their needs; or any persistent negative impact their behaviour may cause to the good order of the College. The Head of College may consult with Student Grievance Unit or a psychologist from the UNE Wellness Centre in making their determination.
Notices
Any notice required under the Agreement shall be sufficiently served on the Resident by:
- email to the Resident’s UNE student email address or other private email address as advised by the Resident;
- personal service; or
- mailing any notice to the Resident’s last known place of residence.
Disputes
Where a dispute arises under this Agreement, the Resident and UNE will use reasonable attempts to resolve that dispute through College and UNE Residential Services administrative processes.
Liability
- Neither UNE nor Resident is liable to the other for Consequential Loss.
- The Resident indemnifies UNE against:
- Losses to the Room, the College or personal property belonging to another person caused or contributed to by the Resident or a guest of the Resident;
- Losses incurred from the Resident’s breach of this Agreement.
- The Resident agrees that UNE is not liable to the Resident for any liability or loss resulting from:
- Any act or omission of any other Resident or person in the Room and/or the College; or
- Any malfunction, breakdown, interruption or failure in relation to the supply of services to the College or Room.
Definitions
Capitalised words and phrases in the Details are defined in the Details and as follows:
- Agreement means theDetails and these Terms and Conditions.
- College Handbook means the handbook made available by the College to the Resident as amended from time to time.
- Condition Report means the record of the condition of the Room, in the form approved by UNE from time to time.
- Consequential Loss means loss of profit or revenue, loss of opportunity, loss of goodwill, special or punitive damages and loss of contract.
- Details means the details section at the front of this Agreement.
- Losses means loss, liability, costs or expenses.
- New Resident means a resident that has not previously entered into an accommodation agreement with UNE.
- Room means the room allocated to the Resident from time to time for occupation under this Agreement, which will be in accordance with the Room Type set out in the Details.
- Term means the period from the Strat Date to the End Date.
- UNE Trimester means the trimester (or semester) periods set out in the Principal Dates as published on the UNE website from time to time.
All UNE Residential Colleges operate within a common set of guidelines and rules concerning conduct of their residents.
The detailed Residential College Code of Conduct contains the rules of the Residential System and the expected standards of behaviour for all residents in all Colleges.
The Code addresses acts of behavioural misconduct including the following:
- Abuse, threats, intimidation, coercion, deceit or other conduct (whether by physical, verbal or electronic means),
- Conduct involving acts or threats of violence, harassment, intimidation, discrimination or racial vilification,
- Conduct that causes material damage to or constitutes unauthorised use or misuse of University or College property or the property of other College Members,
- Influencing or attempting to influence another person to commit an act of Behavioural Misconduct,
- Any conduct that breaches College Rules (see below),
- Any form of criminal activity, or action(s) that may lead to such activity,
- Disorderly or indecent conduct, breach of peace, or aiding, abetting or procuring another person to breach the peace on College or University Premises or at activities (including excursions) sponsored by, or participated in, by the University.
College Rules address expected standards of and limits to residents' behaviour in the following areas of College life:
- Maintenance and respect for the good reputation of your College
- Respect for privacy
- Initiation and hazing
- Respect for staff and student leaders
- Maintenance of good order in the operations of the College
- Alleged illegal activity
- Prohibition on firearms & dangerous weapons
- Policy on use of alcohol and smoking
- Prohibition of drugs
There are various levels of sanctions for breaches of this Code up to an including Exclusion from all Colleges and potential referral to the University or relevant legal authorities. Residents have access to appropriate review and appeals processes in order to protect the application of natural justice.
While this Code applies to all residents, each residence may apply additional rules specific to their situation.
Admission GuidelinesIn the consideration of applications and offering of a place for residence within a Residential College, UNE applies specific priority and preference according to the following guidelines. An outline of the process is provided below.
Students enrolled at UNE applying for accommodation over the full academic year will be given priority and preference for places at all UNE Colleges. Readmission for returning UNE enrolled students is not automatic and is subject to meeting the criteria outlined below:
- Academic commitment throughout the previous Academic Year, including attaining satisfactory academic results (minimum of 50% pass on full unit load);
- Financial responsibility in meeting commitments as set down in the Fees Schedule;
- Positive contribution to, and participation in, the life of the College;
- Personal conduct as outlined by the College Rules and Residential System Code of Conduct.
A UNE residential college reserves the right, in its absolute discretion, to refuse applications and is under no obligation to disclose reasons for such refusal.
The application for Admission to Residence for long term stays applies the following process:
- All applications for residence are made online.
- Returning Residents must apply before the closing date specified in the table of Residential Principal Dates, in order to be considered prior to the Admission process for Commencing Residents. Applications made before this closing date will not be required to pay the application fee.
- A Returning Resident's application will be invalid when there are outstanding fees on the account. The Returning resident will be required to reapply and pay the application fee when the outstanding debt has been paid.
- Returning Residents who do not meet the application criteria and are required to Show Cause will only be considered for readmission if there are still vacancies after Commencing Residence applications have been finalised.
- A Commencing Resident is required to pay a non-refundable application fee.
- A Commencing Resident application will be considered after they have been offered a place or enrolled at UNE.
- The Agreement periods applicable to long term stays are:
- Academic Year including vacations;
- Academic Year excluding vacations and an
- Academic Trimester.
- by giving 2 weeks’ written notice if: