New South Wales Consolidated Acts

BOARDING HOUSES ACT 2012 - SECT 37

37 Meaning of "an assisted boarding house"

(cf YCS Act, s 3)

(1) For the purposes of this Act,
"an assisted boarding house" means any of the following--

(a) boarding premises that provide beds, for a fee or reward, for use by 2 or more residents who are persons with additional needs (not counting any persons with additional needs who reside there with their competent relatives),

(b) boarding premises that are declared to be an assisted boarding house by a notice in force under section 39.

(2) However, an
"assisted boarding house" does not include any of the following--

(a) premises that are used as a hotel, motel or bed and breakfast accommodation,

(b) premises that are used as a backpackers hostel,

(c) a serviced apartment (being a building or part of a building that is used to provide self-contained tourist or visitor accommodation that is regularly cleaned by or on behalf of the proprietor or manager),

(d) premises that are used to provide accommodation for workers or employees in connection with their work or employment,

(e) a government school or registered non-government school within the meaning of the Education Act 1990 or any other premises that are used by an educational body to provide accommodation for its students,

(f) a private health facility licensed under the Private Health Facilities Act 2007 ,

(g) a nursing home within the meaning of the Public Health Act 2010 ,

(h) a mental health facility within the meaning of the Mental Health Act 2007 ,

(i) a public hospital within the meaning of the Health Services Act 1997 ,

(j) a residential care facility under the Aged Care Act 1997 of the Commonwealth operated by an approved provider under that Act,

(k) a retirement village under the Retirement Villages Act 1999 ,

(l) premises that are the subject of a residential tenancy agreement to which the Residential Parks Act 1998 applies,

(m) premises that are the subject of an occupation agreement to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,

(n) social housing premises within the meaning of Part 7 of the Residential Tenancies Act 2010 ,

(o) premises used for refuge or crisis accommodation, or accommodation for persons with additional needs, that is provided by a public authority, council or any other body or organisation and that is wholly or partly funded by the Commonwealth or the State (or an agency of the Commonwealth or the State),

(o1) without limiting paragraph (o), premises used for accommodation that is provided by a registered provider of specialist disability accommodation for the purposes of the National Disability Insurance Scheme Act 2013 of the Commonwealth,

(p) premises or a part of premises that are exempted from the operation of this Part by an exemption notice in force under section 40,

(q) premises (or premises of a kind) prescribed by the regulations.