New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[History]
[Help]
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)
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback