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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 25 November 2017 at 01:29)
Part 1
Part 1 Preliminary
1   Name of Act
This Act is the Boarding Houses Act 2012.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Object of this Act
The object of this Act is to establish an appropriate regulatory framework for the delivery of quality services to residents of registrable boarding houses, and for the promotion and protection of the wellbeing of such residents, by:
(a)  providing for a registration system for registrable boarding houses, and
(b)  providing for certain occupancy principles to be observed with respect to the provision of accommodation to residents of registrable boarding houses and for appropriate mechanisms for the enforcement of those principles, and
(c)  providing for the licensing and regulation of assisted boarding houses and their staff (including providing for service and accommodation standards at such boarding houses), and
(d)  promoting the sustainability of, and continuous improvements in, the provision of services at registrable boarding houses.
4   Definitions
(1)  In this Act:
Act administrator means any of the following:
(a)  a Minister administering the whole or any part of this Act (whether jointly or otherwise),
(b)  the Secretary,
(c)  the Commissioner.
assisted boarding house—see section 37.
boarding premises means premises (or a complex of premises) that:
(a)  are wholly or partly a boarding house, rooming or common lodgings house, hostel or let in lodgings, and
(b)  provide boarders or lodgers with a principal place of residence, and
(c)  may have shared facilities (such as a communal living room, bathroom, kitchen or laundry) or services that are provided to boarders or lodgers by or on behalf of the proprietor, or both, and
(d)  have rooms (some or all of which may have private kitchen and bathroom facilities) that accommodate one or more boarders or lodgers.
Commissioner means:
(a)  the Commissioner for Fair Trading, Department of Finance, Services and Innovation, or
(b)  if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department of Finance, Services and Innovation.
council means a council within the meaning of the Local Government Act 1993.
enforcement officer means a person appointed as an enforcement officer under section 66.
function includes a power, authority or duty, and exercise a function includes perform a duty.
general boarding house—see section 5 (2) and (3).
Government Department means a Public Service agency within the meaning of the Government Sector Employment Act 2013.
manager, in relation to premises, means an individual who is responsible for the day to day running of the premises.
person with additional needs—see section 36.
premises includes:
(a)  a building or structure, or
(b)  land or a place (whether built on or not), or
(c)  a vehicle, vessel or aircraft.
proprietor, in relation to premises, means:
(a)  in the case of premises that are leased—a tenant or sub-tenant who is entitled to immediate possession of the premises, or
(b)  in any other case—an owner of the premises.
registrable boarding house—see section 5.
regulated assisted boarding house—see section 5 (1) (b).
relative, in relation to a person, means any of the following:
(a)  another person who is the spouse or de facto partner of the person,
(b)  another person who is a parent, step-parent, son, daughter, step-son, step-daughter, grandparent, grandchild, brother, sister, step-brother, step-sister, uncle, aunt, niece or nephew (whether by blood, marriage, affinity or adoption) of the person,
(c)  another person who is a guardian of the person,
(d)  another person in whose care or custody the person has been placed in accordance with the provisions of the Adoption Act 2000,
(e)  in the case of an Aboriginal person or a Torres Strait Islander— another person who is, or has been, part of the extended family or kin of the person according to the Indigenous kinship system of the person’s culture.
Note.
 “De facto partner” is defined in section 21C of the Interpretation Act 1987.
Secretary means the Secretary of the Department of Family and Community Services.
(2)  A reference in this Act to a regulation made for a Part is a reference to a regulation that is made for the purposes of a provision of that Part.
(3)  Notes included in this Act do not form part of this Act.
Note.
 For the purposes of comparison, a number of provisions of this Act contain bracketed notes in headings drawing attention (“cf”) to equivalent or comparable (though not necessarily identical) provisions of the Youth and Community Services Act 1973 as in force immediately before its repeal by this Act. The Act is referred to in the notes by the abbreviation “YCS Act”.
5   Meaning of “registrable boarding house”
(1)  For the purposes of this Act, a registrable boarding house means any of the following:
(a)  a general boarding house,
(b)  an assisted boarding house that is required to be authorised under Part 4 for it to be lawfully used as such under that Part (a regulated assisted boarding house).
(2)  Boarding premises are a general boarding house if the premises provide beds, for a fee or reward, for use by 5 or more residents (not counting any residents who are proprietors or managers of the premises or relatives of the proprietors or managers).
(3)  However, a general boarding house does not include any of the following:
(a)  a regulated assisted boarding house,
(b)  premises that are used as a hotel, motel or bed and breakfast accommodation,
(c)  premises that are used as a backpackers hostel,
(d)  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),
(e)  premises that are used to provide accommodation for workers or employees in connection with their work or employment,
(f)  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,
(g)  a private health facility licensed under the Private Health Facilities Act 2007,
(h)  a nursing home within the meaning of the Public Health Act 2010,
(i)  a mental health facility within the meaning of the Mental Health Act 2007,
(j)  a public hospital within the meaning of the Health Services Act 1997,
(k)  a residential care facility under the Aged Care Act 1997 of the Commonwealth operated by an approved provider under that Act,
(l)  a retirement village under the Retirement Villages Act 1999,
(m)  premises that are the subject of a site agreement to which the Residential (Land Lease) Communities Act 2013 applies,
(n)  premises that are the subject of an occupation agreement to which the Holiday Parks (Long-term Casual Occupation) Act 2002 applies,
(o)  social housing premises within the meaning of Part 7 of the Residential Tenancies Act 2010,
(p)  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),
(p1)  without limiting paragraph (p), 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,
(q)  premises (or premises of a kind) prescribed by the regulations.
6   Relationship of Act with other laws
Nothing in this Act limits any requirement imposed by or under the Environmental Planning and Assessment Act 1979, the Food Act 2003, the Local Government Act 1993, the Public Health Act 2010 or any other Act or law with respect to the use, or the provision of services to residents, of boarding premises.
Note.
 The Acts that are specifically referred to in this section also make provision with respect to building and accommodation standards or service standards (or both) in relation to boarding premises.