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BOARDING HOUSES ACT 2012


- As at 13 January 2023 
- Act 74 of 2012 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of this Act
   4.      Definitions
   5.      Meaning of "registrable boarding house"
   6.      Relationship of Act with other laws

   PART 2 - REGISTRATION OF BOARDING HOUSES

           Division 1 - Introductory

   7.      Interpretation
   8.      Meaning of "registered"

           Division 2 - Provision of information about registrable boarding houses

   9.      Notification of particulars about registrable boarding house
   10.     Annual returns for registrable boarding house
   11.     Notice of cessation of use

           Division 3 - Register

   12.     Commissioner to keep Register of Boarding Houses
   13.     Information to be recorded on Register
   14.     Publication of certain information on Register for public access
   15.     Evidential provisions concerning Register

           Division 4 - Initial compliance investigations for registered boarding houses

   16.     Requirement to inspect certain registered boarding houses within 12 months of registration
   17.     Power of entry
   18.     Inspections and investigations
   19.     Notice of entry
   20.     Use of force
   21.     Notification of use of force or urgent entry
   22.     Care to be taken
   23.     Recovery of fee for initial compliance investigation
   24.     Compensation
   25.     Authority to enter premises
   26.     Relationship with other Acts

   PART 3 - OCCUPANCY AGREEMENTS AND PRINCIPLES FOR REGISTRABLE BOARDING HOUSES

           Division 1 - Introductory

   27.     Interpretation

           Division 2 - Occupancy agreements

   28.     Proprietor's obligation to ensure written occupancy agreement
   29.     Standard forms of occupancy agreement

           Division 3 - Occupancy principles

   30.     Occupancy principles
   31.     Application of occupancy principles

           Division 4 - Enforcement

   32.     Applications to Civil and Administrative Tribunal for dispute resolution
   33.     Order for written occupancy agreement

   PART 4 - ASSISTED BOARDING HOUSES

           Division 1 - Introductory

   34.     Objects of Part
   35.     Definitions
   36.     Meaning of "person with additional needs"
   37.     Meaning of "an assisted boarding house"
   38.     Meaning of "close associate"
   39.     Declaration of assisted boarding houses
   40.     Secretary may exempt premises and persons

           Division 2 - Authorisation of assisted boarding houses

              Subdivision 1 - Requirement for assisted boarding houses to be authorised

   41.     Assisted boarding houses to be authorised
   42.     Authority granted by boarding house licence and interim permits
   43.     Authorisation conditions--general provisions

              Subdivision 2 - Boarding house licences

   44.     Licence applications
   45.     Investigations and inquiries in relation to licence applications
   46.     Decision of Secretary in relation to licence application
   47.     Variation of licence
   48.     Appointment of substitute licensee
   49.     Suspension or cancellation of licences
   50.     Surrender of licence
   51.     Duration of licence
   52.     Form of licence
   53.     Display of licence

              Subdivision 3 - Interim permits

   54.     When interim permits may be granted
   55.     Duration of interim permit
   56.     Variation of interim permit
   57.     Revocation of interim permit
   58.     Surrender of interim permit

              Subdivision 4 - Approval of managers of assisted boarding houses

   59.     Assisted boarding house to be managed by approved manager in certain cases
   60.     Manager approvals
   61.     Decision of Secretary in relation to applications for manager approval
   62.     Duration of approval
   63.     Conditions of approvals
   64.     Variation of approval
   65.     Suspension or revocation of approval

           Division 3 - Compliance and enforcement

              Subdivision 1 - Enforcement officers

   66.     Appointment of enforcement officers
   67.     Identification card
   68.     Obstruction of enforcement officer

              Subdivision 2 - Investigation powers

   69.     Definition--person involved in management of authorised boarding house
   70.     Power to require provision of documents
   71.     Power to require answers to questions
   72.     Functions may be exercised outside this State
   73.     Failure to comply with requirement to provide documents or information or answer questions
   74.     Provisions relating to requirements to provide documents or information or answer questions
   75.     Effect on other functions

              Subdivision 3 - Powers of entry

   76.     Powers of entry and inspection by enforcement officers without consent or warrant
   77.     Powers of entry by authorised service providers without consent or warrant
   78.     Entry and inspection under search warrant

              Subdivision 4 - Compliance notices

   79.     Issue of compliance notices by Secretary
   80.     Failure to comply with compliance notice
   81.     Proceedings for offences not affected by compliance notices

              Subdivision 5 - Operation of assisted boarding houses

   82.     Records
   83.     Notification of deaths, sexual assaults and other incidents involving residents of authorised boarding houses
   84.     Probity checks on staff members of authorised boarding houses

              Subdivision 6 - Removal of persons with additional needs from unauthorised boarding houses

   85.     Removal of young residents from unauthorised boarding houses
   86.     Assessment of certain removal expenses resulting from unauthorised boarding houses

           Division 4 - Review of authorisation, approval and enforcement decisions

   87.     Applications for administrative reviews by the Civil and Administrative Tribunal

           Division 5 - General

   88.     Certificate evidence concerning assisted boarding houses
   89.     Secretary may require further information for applications
   90.     General provisions relating to notices under this Part
   91.     Regulations relating to assisted boarding houses

   PART 5 - MISCELLANEOUS

   92.     Act to bind Crown
   93.     Delegations
   94.     Exchange of information
   95.     False and misleading information
   96.     Enforcement of provisions of this Act and regulations
   97.     Continuing offences
   98.     Penalty notices
   99.     Nature of proceedings for offences
   100.    Evidence of use of boarding premises as general or assisted boarding houses
   101.    Service of documents
   102.    (Repealed)
   103.    Regulations
   104.    (Repealed)
   105.    Review of Act
           SCHEDULE 1
           SCHEDULE 2
           Schedule 3 (Repealed)


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