New South Wales Consolidated Acts

YOUTH AND COMMUNITY SERVICES ACT 1973 - SECT 3A

3A Declaration of residential centres

(1) The Minister may, by order in writing served on the proprietor or occupier of premises comprising or of the nature of lodgings or a boarding house, home or hostel, declare those premises to be a residential centre for handicapped persons if the Minister considers that 2 or more handicapped persons reside at the premises:

(a) whether or not subject to the payment of a fee or the giving of some other consideration, and

(b) otherwise than with a person who is a relative of each of those persons, is of or above the age of 18 years and is not a handicapped person.

(2) An owner, an occupier or a lessee of any premises in respect of which an order made under subsection (1) is in force may apply to the Administrative Decisions Tribunal for a review of the declaration of those premises as a residential centre for handicapped persons.

(3) An application under subsection (2) may be made only on the grounds:

(a) that the premises to which the declaration relates are not being used as a place of residence for 2 or more handicapped persons, or

(b) that all of the handicapped persons residing at those premises reside there with a relative of them who is of or above the age of 18 years but is not a handicapped person.

(4) Subsection (3) applies despite the provisions of section 63 (1) or (2) of the Administrative Decisions Tribunal Act 1997 .