BOARDING HOUSES ACT 2012 - As at 13 January 2023 - Act 74 of 2012

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Object of this Act
• 4 Definitions
• 5 Meaning of "registrable boarding house"
• 6 Relationship of Act with other laws

PART 2 - REGISTRATION OF BOARDING HOUSES

Division 1 - Introductory

• 7 Interpretation
• 8 Meaning of "registered"

Division 2 - Provision of information about registrable boarding houses

• 9 Notification of particulars about registrable boarding house
• 10 Annual returns for registrable boarding house
• 11 Notice of cessation of use

Division 3 - Register

• 12 Commissioner to keep Register of Boarding Houses
• 13 Information to be recorded on Register
• 14 Publication of certain information on Register for public access
• 15 Evidential provisions concerning Register

Division 4 - Initial compliance investigations for registered boarding houses

• 16 Requirement to inspect certain registered boarding houses within 12 months of registration
• 17 Power of entry
• 18 Inspections and investigations
• 19 Notice of entry
• 20 Use of force
• 21 Notification of use of force or urgent entry
• 22 Care to be taken
• 23 Recovery of fee for initial compliance investigation
• 24 Compensation
• 25 Authority to enter premises
• 26 Relationship with other Acts

PART 3 - OCCUPANCY AGREEMENTS AND PRINCIPLES FOR REGISTRABLE BOARDING HOUSES

Division 1 - Introductory

• 27 Interpretation

Division 2 - Occupancy agreements

• 28 Proprietor's obligation to ensure written occupancy agreement
• 29 Standard forms of occupancy agreement

Division 3 - Occupancy principles

• 30 Occupancy principles
• 31 Application of occupancy principles

Division 4 - Enforcement

• 32 Applications to Civil and Administrative Tribunal for dispute resolution
• 33 Order for written occupancy agreement

PART 4 - ASSISTED BOARDING HOUSES

Division 1 - Introductory

• 34 Objects of Part
• 35 Definitions
• 36 Meaning of "person with additional needs"
• 37 Meaning of "an assisted boarding house"
• 38 Meaning of "close associate"
• 39 Declaration of assisted boarding houses
• 40 Secretary may exempt premises and persons

Division 2 - Authorisation of assisted boarding houses

• 41 Assisted boarding houses to be authorised
• 42 Authority granted by boarding house licence and interim permits
• 43 Authorisation conditions--general provisions
Subdivision 2 - Boarding house licences
• 44 Licence applications
• 45 Investigations and inquiries in relation to licence applications
• 46 Decision of Secretary in relation to licence application
• 47 Variation of licence
• 48 Appointment of substitute licensee
• 49 Suspension or cancellation of licences
• 50 Surrender of licence
• 51 Duration of licence
• 52 Form of licence
• 53 Display of licence
Subdivision 3 - Interim permits
• 54 When interim permits may be granted
• 55 Duration of interim permit
• 56 Variation of interim permit
• 57 Revocation of interim permit
• 58 Surrender of interim permit
Subdivision 4 - Approval of managers of assisted boarding houses
• 59 Assisted boarding house to be managed by approved manager in certain cases
• 60 Manager approvals
• 61 Decision of Secretary in relation to applications for manager approval
• 62 Duration of approval
• 63 Conditions of approvals
• 64 Variation of approval
• 65 Suspension or revocation of approval

Division 3 - Compliance and enforcement

• 66 Appointment of enforcement officers
• 67 Identification card
• 68 Obstruction of enforcement officer
Subdivision 2 - Investigation powers
• 69 Definition--person involved in management of authorised boarding house
• 70 Power to require provision of documents
• 71 Power to require answers to questions
• 72 Functions may be exercised outside this State
• 73 Failure to comply with requirement to provide documents or information or answer questions
• 74 Provisions relating to requirements to provide documents or information or answer questions
• 75 Effect on other functions
Subdivision 3 - Powers of entry
• 76 Powers of entry and inspection by enforcement officers without consent or warrant
• 77 Powers of entry by authorised service providers without consent or warrant
• 78 Entry and inspection under search warrant
Subdivision 4 - Compliance notices
• 79 Issue of compliance notices by Secretary
• 80 Failure to comply with compliance notice
• 81 Proceedings for offences not affected by compliance notices
Subdivision 5 - Operation of assisted boarding houses
• 82 Records
• 83 Notification of deaths, sexual assaults and other incidents involving residents of authorised boarding houses
• 84 Probity checks on staff members of authorised boarding houses
Subdivision 6 - Removal of persons with additional needs from unauthorised boarding houses
• 85 Removal of young residents from unauthorised boarding houses
• 86 Assessment of certain removal expenses resulting from unauthorised boarding houses

Division 4 - Review of authorisation, approval and enforcement decisions

• 87 Applications for administrative reviews by the Civil and Administrative Tribunal

Division 5 - General

• 88 Certificate evidence concerning assisted boarding houses
• 89 Secretary may require further information for applications
• 90 General provisions relating to notices under this Part
• 91 Regulations relating to assisted boarding houses

PART 5 - MISCELLANEOUS

• 92 Act to bind Crown
• 93 Delegations
• 94 Exchange of information
• 95 False and misleading information
• 96 Enforcement of provisions of this Act and regulations
• 97 Continuing offences
• 98 Penalty notices
• 99 Nature of proceedings for offences
• 100 Evidence of use of boarding premises as general or assisted boarding houses
• 101 Service of documents
102. (Repealed)
• 103 Regulations
104. (Repealed)
• 105 Review of Act
• SCHEDULE 1
• SCHEDULE 2
Schedule 3 (Repealed)