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Contents (2012 - 74)
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Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 20 September 2017 at 04:55)
Part 4 Division 3 Subdivision 5
Subdivision 5 Operation of assisted boarding houses
82   Records
(1)  It is a condition of a boarding house authorisation that the authorised operator ensures that the requirements of this section concerning records are complied with.
(2)  An authorised operator of an authorised boarding house must ensure that such records as the regulations require are kept in relation to the boarding house.
(3)  The authorised operator must ensure that the records are kept in such a manner that they are readily accessible if the authorised operator is required to produce them to the Secretary, or to any other person who is authorised to inspect them, under this Part.
83   Notification of deaths, sexual assaults and other incidents involving residents of authorised boarding houses
(cf YCS Act, s 26)
(1)  The manager of an authorised boarding house must, as soon as is reasonably possible after becoming aware of any of the following incidents, report the incident to the Secretary:
(a)  the death of a resident of the boarding house,
(b)  the sexual assault (or the making of an allegation of sexual assault) of a resident of the boarding house,
(c)  the absence of a resident of the boarding house for a period of more than 24 hours if the resident has not informed the manager of his or her whereabouts,
(d)  such other incidents involving residents as may be prescribed by the regulations.
Note.
 Section 122 of the Children and Young Persons (Care and Protection) Act 1998 requires a person who provides residential accommodation for another person who the person has reasonable grounds to suspect is a child living away from home without parental permission to inform the Secretary of the child’s whereabouts. A child for the purposes of that section is a person who is under 16 years of age.
(2)  The manager must also report the death (or the sexual assault or the making of an allegation of sexual assault) of a resident of the boarding house to a police officer as soon as is reasonably practicable after becoming aware of the incident concerned.
(3)  A manager of an authorised boarding house who contravenes this section is guilty of an offence.
Maximum penalty: 50 penalty units.
84   Probity checks on staff members of authorised boarding houses
(1)  It is a condition of the boarding house authorisation that the authorised operator must ensure that the requirements of this section concerning staff members are complied with.
(2)  A person must not be engaged as a staff member of an authorised boarding house unless the authorised operator is satisfied that the person is a suitable person to be involved in the management or operation of the boarding house.
(3)  In deciding whether a person is a suitable person to be involved in the management or operation of the boarding house, the authorised operator must first ensure that a criminal record check is conducted on the person.
(4)  The authorised operator must ensure that a new criminal record check is conducted or obtained in respect of a staff member every 3 years during the period while the person remains a staff member.
(5)  The authorised operator of an authorised boarding house must not engage (or continue to engage) a person to be a staff member of the boarding house if:
(a)  the operator is satisfied from the person’s criminal record check that the person has committed a serious criminal offence, or
(b)  the person refuses to obtain or submit to a criminal record check for the purposes of this section.
(6)  The authorised operator must:
(a)  ensure that a record is kept of any criminal record checks conducted for the purposes of this section for a period of 3 years after the check is conducted, and
(b)  make any such record available for inspection by an enforcement officer on request.
(7)  The regulations may make provision for or with respect to the obtaining and conduct of criminal record checks for the purposes of this section (including the use of a statutory declaration to verify a person’s criminal record when a criminal record check cannot be obtained or conducted).