Boarding Houses Act 2012 No 74
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).