BOARDING HOUSES ACT 2012 - As at 13 January 2023 - Act 74 of 2012
- As at 13 January 2023
- Act 74 of 2012
Table of Provisions
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 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
Division 1 - Introductory
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
Division 1 - Introductory
Subdivision 1 - Requirement for assisted boarding houses to be authorised
- 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
Subdivision 1 - Enforcement officers
- 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
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