Document ID: chunk:federal_register_of_legislation:F2025C00076:clause:1_3
Version: federal_register_of_legislation:F2025C00076
Segment Type: clause
Provision Reference: sch 1 cl 3
Character Range: 179371–180729

3  Privacy and space requirements—pre‑end‑July 1999 buildings
 (1) A pre‑end‑July 1999 building is taken to meet the privacy and space requirements if the building has:
 (a) an average of no more than 4 residents per room; and
 (b) no more than 6 residents per toilet; and
 (c) no more than 7 residents per shower or bath; and
 (d) toilets, showers and baths distributed across the building to ensure equitable and ready access for all residents.
Example: If a building has more than one wing, toilets and bathing facilities must not be restricted to one wing, or at a point in a wing where it would be difficult for residents to access them.
 (2) However, paragraph (1)(a) does not apply to a room or rooms usually occupied by particular residents if the approved provider, when requested by the Secretary, is able to demonstrate that it is not, having regard to the culture of those residents, appropriate for that paragraph to apply.
 (3) For working out the number of residents per toilet for paragraph (1)(b):
 (a) toilets off common areas are to be included; and
 (b) toilets primarily for the use of staff are to be excluded.
 (4) For working out the number of residents per shower or bath for paragraph (1)(c):
 (a) showers and baths off common areas are to be included; and
 (b) showers and baths primarily for the use of staff are to be excluded.