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Contents (2012 - 74)
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 22 November 2017 at 18:12)
Part 4 Division 3 Subdivision 6
Subdivision 6 Removal of persons with additional needs from unauthorised boarding houses
85   Removal of young residents from unauthorised boarding houses
(cf YCS Act, s 27)
(1)  This section applies in relation to any person with additional needs who is under 18 years of age and a resident of an unauthorised boarding house (a young resident).
(2)  If requested to do so by an employee of the Department of Family and Community Services, a parent or guardian of a young resident (or a person acting on behalf of a parent or guardian) is to remove the young resident from an unauthorised boarding house as soon as possible after the request is made.
(3)  If a young resident is not removed following any such request or a parent or guardian of the young resident cannot be located, the young resident is taken to be a child or young person in need of care and protection for the purposes of the Children and Young Persons (Care and Protection) Act 1998.
Note.
 The Secretary may take action under the Children and Young Persons (Care and Protection) Act 1998 to protect children or young persons who are in need of care and protection.
86   Assessment of certain removal expenses resulting from unauthorised boarding houses
(cf YCS Act, s 31)
(1)  The following persons may apply to the Local Court for a determination under this section if a person (the offender) has been convicted of the offence of using (or permitting the use of) boarding premises as an assisted boarding house without the authority of a boarding house authorisation:
(a)  a person with additional needs who was a resident of the boarding house at the time the offence was committed and moved to another residence within the period of 28 days after the offence was committed,
(b)  the Secretary if the Department of Family and Community Services incurred expenses in connection with the removal of persons with additional needs who were resident at the unauthorised boarding house and moving them to other residences.
(2)  An application under this section must be made within 12 months after the conviction of the offender.
(3)  In determining an application under this section, the Local Court is to determine an amount that seems just and reasonable to the Court:
(a)  in the case of an application by a person with additional needs—to compensate for the removal expenses and any other expenses incurred by the person when the person moved to another residence, or
(b)  in the case of an application by the Secretary—to compensate for the removal expenses and any other expenses incurred by the Department of Family and Community Services when moving persons with additional needs who were resident at the unauthorised boarding house to other residences.
(4)  An amount determined by the Local Court on an application made under this section operates as a judgment debt of the offender under the Civil Procedure Act 2005 and is enforceable as such under that Act.