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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 25 September 2017 at 10:42)
Schedule 2
Schedule 2 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  If the regulations so provide, any such provision may:
(a)  have effect despite any specified provisions of this Act (including a provision of this Schedule), and
(b)  take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
(4)  A regulation made for the purposes of this clause may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Part 2 Provisions consequent on enactment of this Act
2   Interpretation
(1)  In this Part:
repeal day means the day on which the YCS Act is repealed by this Act.
residential centre for handicapped persons has the same meaning as it had in the YCS Act.
YCS Act means the Youth and Community Services Act 1973 as in force immediately before the repeal day.
(2)  Any terms or expressions used in this Part that are defined for the purposes of Part 4 of this Act have the same meanings as in that Part, except in so far as they are defined differently in this Part or the context or subject-matter otherwise indicates or requires.
(3)  If this Part provides for an event or other thing to occur on the repeal day, that event or thing is taken to occur at the beginning of that day.
(4)  A condition of a licence, permit or order in force under the YCS Act (whether imposed by the Minister or by that Act or regulations under that Act) that is continued in effect by operation of this Part for the licence, permit, approval or notice under this Act into which the licence, permit or order under the YCS Act is converted may be varied by the Director-General under this Act as if the Director-General had imposed the condition.
(5)  If a declaration, condition or exemption under the YCS Act that is converted by this Part refers to a provision of the YCS Act, the reference is to be read on the conversion to be a reference to a provision (if any) of this Act that substantially corresponds to the provision of the YCS Act.
(6)  For the purposes of this Part, proceedings are not finally determined if:
(a)  any period for bringing an appeal as of right in respect of the proceedings has not expired (ignoring any period that may be available by way of extension of time to appeal), or
(b)  any appeal in respect of the proceedings is pending (whether or not it is an appeal brought as of right).
3   Conversion of orders under sections 3A and 3B of YCS Act
(1)  On and from the repeal day, an order in force under section 3A of the YCS Act immediately before that day (an existing inclusion order) is taken to be a notice for the purposes of section 39 with respect to the same premises, and may be amended and revoked under this Act accordingly.
(2)  On and from the repeal day, an order in force under section 3B of the YCS Act immediately before that day:
(a)  is taken to be an exemption notice for the purposes of section 40 (1) (a) (i) with respect to the same premises and subject to the same terms and conditions, and may be amended and revoked under this Act accordingly, and
(b)  is taken to have a duration of 12 months commencing on the repeal day, unless a sooner expiry date was specified in the order under section 3B of the YCS Act.
(3)  If an application to the Administrative Decisions Tribunal for the review of an existing inclusion order had been made (but not finally determined) before the repeal day, the application may be dealt with and determined as if the application for review had been made under section 87.
4   Conversion of section 23 exemptions
On and from the repeal day, an exemption in force under section 23 of the YCS Act immediately before that day:
(a)  is taken to be an exemption notice for the purposes of section 40 (1) (b) with the same kind of provisions and conditions, and may be amended and revoked under this Act accordingly, and
(b)  is taken to have a duration of 12 months commencing on the repeal day, unless a sooner expiry date was specified under section 23 of the YCS Act.
5   Conversion of existing licences
(1)  On and from the repeal day, a licence that was in force (including a suspended licence) under the YCS Act (an existing licence) immediately before that day with respect to a residential centre for handicapped persons is taken to be a boarding house licence (a converted licence) granted for the same premises, period (if any) and licensee, and may be varied, surrendered, suspended and cancelled under this Act accordingly.
(2)  If a suspended existing licence becomes a converted licence:
(a)  the converted licence is taken to have been suspended under section 49 for the period of 60 days commencing on the repeal day or the remaining period of suspension (if any) of the existing licence (whichever is the shorter), and
(b)  the Director-General is taken to have issued a notice of suspension under section 49 that cancels the licence at the end of that period, and
(c)  if an application to the Administrative Decisions Tribunal for the review of the suspension of the existing licence had been made (but not finally determined) before the repeal day—the application may be dealt with and determined by the Tribunal as if the application for review had been made under section 87.
(3)  Without limiting section 43, the conditions of the converted licence are taken (until they are varied under this Act) to include the same conditions to which the existing licence was subject, except to the extent that any of those conditions are inconsistent with this Act, the regulations or conditions that are imposed by or under this Act.
(4)  The condition imposed by section 84 on boarding house licences in its application to a converted licence applies subject to the following additional requirements:
(a)  the licensee is to provide the Director-General with a criminal record check in relation to the licensee within 6 months after the repeal day if the licensee had been a licensee under the YCS Act since before 1995,
(b)  the licensee is also to ensure that a criminal record check is conducted for each person who is a staff member on the repeal day within 6 months after the repeal day.
(5)  For the purposes of deciding whether to suspend or cancel a converted licence, the Director-General may treat a contravention of the YCS Act, the regulations under that Act or a condition of the existing licence occurring before the repeal day as if it were a contravention of this Act, the regulations under this Act or a condition of the converted licence (as the case requires).
6   Conversion of existing permits
(1)  On and from the repeal day, a permit that was in force under the YCS Act immediately before that day with respect to a residential centre for handicapped persons (an existing permit) is taken to be an interim permit granted for the same premises, period and permit holder (a converted permit), and may be varied, surrendered and revoked under this Act accordingly.
(2)  Without limiting section 43, the conditions of the converted permit are taken (until they are varied under this Act) to include the same conditions to which the existing permit was subject, except to the extent that any of those conditions are inconsistent with this Act, the regulations or conditions that are imposed by or under this Act.
(3)  For the purposes of deciding whether to revoke a converted permit, the Director-General may treat a contravention of the YCS Act, the regulations under that Act or a condition of the existing permit occurring before the repeal day as if it were a contravention of this Act, the regulations under this Act or a condition of the converted permit (as the case requires).
7   Proceedings with respect to cancelled former licences
(1)  If proceedings are commenced (but not finally determined) before the repeal day for the review of the revocation of a licence under the YCS Act (a former licence), the proceedings may be dealt with and determined as if the YCS Act and the regulations under that Act had not been repealed.
(2)  If the determination of the Administrative Decisions Tribunal or court in any such proceedings (once they are finally determined) is that the former licence should not have been revoked, the Director-General is required to issue the former licensee with a boarding house licence with respect to the premises concerned.
(3)  Nothing in this clause prevents the Director-General from subsequently varying, suspending or cancelling a boarding house licence that the Director-General is required to issue under this clause.
8   Approval of existing licensed managers
(1)  This clause applies to the following persons (an existing manager):
(a)  a person who was the licensed manager of licensed premises under the YCS Act immediately before the repeal day,
(b)  a person who was authorised under section 20 of the YCS Act immediately before the repeal day to have the conduct of a residential centre for handicapped persons during the absence of the person authorised by a licence or permit under that Act to have that conduct.
(2)  On and from the repeal day, an existing manager is taken to have been granted a manager approval for the premises concerned, and the approval may be varied, suspended or revoked under this Act accordingly.
(3)  The approval is taken to have been granted for the period of 6 months commencing on the repeal day, unless sooner suspended or revoked.
(4)  Without limiting section 63, the conditions of the approval are taken (until they are varied under this Act) to include the same conditions to which the existing manager’s authorisation under the YCS Act was subject, except to the extent that any of those conditions are inconsistent with this Act, the regulations or conditions that are imposed by or under this Act.
9   Allocation of proceedings in the Administrative Decisions Tribunal
Any functions under the YCS Act to be exercised by the Administrative Decisions Tribunal (whether by reason of the operation of this Part or otherwise) on or after the repeal day continue to be allocated to the Community Services Division of the Tribunal under the Administrative Decisions Tribunal Act 1997 despite the amendment made to Schedule 2 to that Act by this Act.
10   Effect of this Part on premises that are not assisted boarding houses
Nothing in this Part operates to convert a licence, permit or other authorisation granted or issued under the YCS Act in respect of premises if those premises are not an assisted boarding house within the meaning of this Act.