You are using a version of the website built for webcrawlers and people whose devices cannot use javascript. Some functionality may not be available.
Contents (2012 - 74)
Skip contents
Boarding Houses Act 2012 No 74
Current version for 7 July 2017 to date (accessed 25 September 2017 at 05:15)
Part 4 Division 5
Division 5 General
88   Certificate evidence concerning assisted boarding houses
(cf YCS Act, s 3B)
A certificate signed or purporting to be signed by the Secretary, or an officer or employee of the Department of Family and Community Services authorised in writing by the Secretary, and stating that:
(a)  a person named in the certificate was or was not at a specified time the holder of a boarding house authorisation or a manager approval, or
(b)  any boarding house authorisation or manager approval held by a specified person was or was not at a specified time subject to a specified condition or suspended, or
(c)  premises were or were not at a specified time an authorised boarding house,
is admissible in any legal proceedings and is evidence of the matters stated in the certificate.
89   Secretary may require further information for applications
(1)  The Secretary may, by notice served on a relevant person in relation to an application under this Part, require the relevant person to do one or more of the following things:
(a)  provide, in accordance with directions in the notice, such information as, in the opinion of the Secretary, is relevant to the investigation of the application and is specified in the notice,
(b)  produce, in accordance with directions in the notice, such records as, in the opinion of the Secretary, are relevant to the investigation of the application and permit examination of the records, the taking of extracts from them and the making of copies of them,
(c)  authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),
(d)  furnish to the Secretary such authorisations and consents as the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) from other persons concerning the person and the person’s close associates.
(2)  A relevant person in relation to an applicationfor the purposes of this section is any of the following:
(a)  the applicant,
(b)  if the applicant is not a natural person—any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),
(c)  if the applicant makes the application on behalf of an unincorporated body—any partner or member of the management committee or other office holder of the body,
(d)  any other close associate of the applicant.
(3)  A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
(4)  The Secretary may refuse to determine an application under this Part if a requirement made under this section in relation to the application is not complied with.
90   General provisions relating to notices under this Part
(1)  This section applies in relation to the issuing of notices by the Secretary or an enforcement officer under this Part or regulations for this Part.
(2)  A notice must be:
(a)  in writing, and
(b)  served on the person on whom it is required to be served by the provision under which it is issued.
(3)  A notice has effect on the day on which it is served or on such later day as may be specified in the notice or specified by the provision under which it is issued.
(4)  A notice (other than a cancellation or revocation notice that has already taken effect) may be varied or revoked by a further notice served on the person on whom the original notice was served.
(5)  A notice may be varied by modification of, or addition to, its terms and specifications.
(6)  The revocation or variation has effect when notice of the revocation or variation is served on the person to whom the original notice was issued.
(7)  Without limiting the above, a notice may be varied by extending the time for complying with the notice.
(8)  The revocation of a notice does not prevent the issue of another notice.
(9)  A notice is to be in the approved form, subject to any other requirements of the regulations or the provision of this Part under which a notice is issued.
91   Regulations relating to assisted boarding houses
(cf YCS Act, s 32 (2))
(1) Authorisations and manager approvals The regulations may make provision for or with respect to the following matters:
(a)  classes of boarding house authorisations and manager approvals,
(b)  the matters to be specified in a boarding house authorisation,
(c)  prescribed conditions of boarding house authorisations.
(2) Applications for authorisations and manager approvals The regulations may make provision for or with respect to the following matters:
(a)  the persons who may apply for boarding house authorisations and manager approvals,
(b)  the form and manner in which, and the time within which, an application for a boarding house authorisation or manager approval may be made,
(c)  the information and evidence required to be provided in connection with an application (which may include, without limitation, personal information about the applicant and proposed staff and any close associate of the applicant),
(d)  requiring that an application (and its supporting documents and information) be lodged in stages as specified in the regulations,
(e)  the consideration and determination of applications, including (but not limited to) the following:
(i)  the time within which an application (or a particular stage of an application) is to be dealt with,
(ii)  the grounds on which an application (or a particular stage of an application) may be rejected,
(iii)  the grounds on which the Secretary may refuse to grant a licence or approval,
(iv)  the way in which the rejection or determination of the application (or a particular stage of an application) is to be communicated to the applicant.
(3) Probity checks The regulations may make provision for or with respect to the following matters:
(a)  the carrying out of probity checks (including, for example, checks concerning financial matters and criminal histories),
(b)  the persons who may be the subject of a probity check (including applicants for boarding house authorisations or manager approvals, authorised operators and approved managers and close associates of such persons),
(c)  the verifying of criminal records or other probity matters by means of statutory declarations.
(4) Variation, suspension, cancellation and revocation of authorisations and approvals The regulations may make provision for or with respect to the following matters:
(a)  additional grounds on which a boarding house authorisation or manager approval may be varied, suspended, cancelled or revoked,
(b)  requiring the giving of notice of an intention to vary, suspend, cancel or revoke a boarding house authorisation or manager approval,
(c)  allowing an authorised operator or an approved manager time to make submissions in relation to any such intention,
(d)  the effect of a variation, suspension, cancellation or revocation of a boarding house authorisation or manager approval,
(e)  the restoration of a boarding house authorisation or manager approval that has been suspended, cancelled or revoked.
(5) Authorised operators The regulations may make provision for or with respect to the following matters:
(a)  the functions of authorised operators in connection with authorised boarding houses,
(b)  requiring an authorised operator to notify the Secretary of the particular service or services that the operator provides or intends to provide,
(c)  the appointment by the Secretary of a person as licensee under a boarding house licence in substitution for an existing licensee.
(6) Approved managers The regulations may make provision for or with respect to the following matters:
(a)  the appointment and functions of approved managers in connection with authorised boarding houses,
(b)  the maximum number of assisted boarding houses in respect of which the same approved manager may be appointed as an approved manager,
(c)  the maximum number of persons who may be appointed as an approved manager of an assisted boarding house,
(d)  the authorisation by the Secretary of another person to act as the approved manager of an assisted boarding house during the absence (because of illness or otherwise) of the approved manager of the assisted boarding house.
(7) Operation and inspection of authorised boarding houses The regulations may make provision for or with respect to the following matters:
(a)  standards to be observed and facilities to be provided in connection with the health, safety and wellbeing of persons with additional needs residing at authorised boarding houses (including, but not limited to, standards of the kind referred to in section 43 (4)),
(b)  the screening of staff members and residents of authorised boarding houses,
(c)  the assessment of persons as persons with additional needs,
(d)  the qualifications and skills of staff members of authorised boarding houses,
(e)  complaint handling procedures for authorised boarding houses,
(f)  the inspection of authorised boarding houses.
(8) Advisory bodies The regulations may make provision for or with respect to the constitution and functions of bodies (including the remuneration of their members) to advise on the regulation of assisted boarding houses under this Act.
(9) Compliance notices The regulations may make provision for or with respect to the following matters:
(a)  the internal review of a decision to issue a compliance notice,
(b)  the stay of a decision to issue a compliance notice pending the determination of such an internal review.
(10) Records and returns The regulations may make provision for or with respect to the following matters:
(a)  the records that are to be kept by authorised operators and approved managers (or former authorised operators and approved managers), including (but not limited to) the following:
(i)  the information that the records are to contain,
(ii)  the form in which they are to be made,
(iii)  the person responsible for making and maintaining them,
(iv)  the persons who may inspect them,
(v)  the period for which they are to be retained,
(b)  the provision of returns and other information with respect to authorised boarding houses (including, but not limited to, returns and other information about residents, staff members and managers).
(11) Exemptions The regulations may make provision for or with respect to the following matters:
(a)  exempting (whether conditionally or unconditionally) specified assisted boarding houses, or assisted boarding houses of a specified class, from the requirement that they be authorised under this Part or from any other requirement imposed by or under this Part,
(b)  regulating the assisted boarding houses so exempted (including, without limitation, establishing standards to be met by those assisted boarding houses and inspections of such boarding houses),
(c)  the making of applications for exemptions under section 40.
(12) Fees The regulations may make provision for or with respect to the following matters:
(a)  the charging of fees in connection with the administration of this Part (including, but not limited to, application fees),
(b)  the waiver, reduction, postponement or refund of fees charged in connection with the administration of this Part.
(13) Relationship of section to other provisions This section does not limit the generality of section 103 (Regulations) or any other provision of this Act that requires or permits regulations to be made with respect to a matter.