{"id":"nsw:sl-2013-0332","name":"Boarding Houses Regulation 2013","slug":"boarding-houses-regulation-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"332 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178041,"registerId":"nsw-nsw:sl-2013-0332-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Boarding Houses Regulation 2013](/view/html/inforce/current/sl-2013-0332).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 July 2013 and is required to be published on the NSW legislation website.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > additional needs resident, in relation to an assisted boarding house, means a resident of the boarding house who is a person with additional needs.\n> > \n> > approved manager has the same meaning as in Part 4 of the Act.\n> > \n> > authorised boarding house has the same meaning as in Part 4 of the Act.\n> > \n> > authorised operator of an authorised boarding house has the same meaning as in Part 4 of the Act.\n> > \n> > boarding house authorisation has the same meaning as in Part 4 of the Act.\n> > \n> > boarding house licence has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > A boarding house licence is a licence granted for an assisted boarding house under Subdivision 2 of Division 2 of Part 4 of the Act.\n> > \n> > business day means any day other than a Saturday, Sunday or a public holiday throughout New South Wales.\n> > \n> > compliance notice has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > A compliance notice is a notice issued by the Director-General under section 79 of the Act to a person to remedy a contravention of a provision of Part 4 of the Act or regulations made for the purposes of that Part.\n> > \n> > Department means the Department of Communities and Justice.\n> > \n> > former licensed residential centre means premises that were a residential centre for handicapped persons licensed under the former [Youth and Community Services Act 1973](/view/html/repealed/current/act-1973-090).\n> > \n> > guardian of a resident means a person who is the guardian (within the meaning of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257)) of the resident.\n> > \n> > interim permit has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > An interim permit is a permit granted for an assisted boarding house under Subdivision 3 of Division 2 of Part 4 of the Act.\n> > \n> > licensed boarding house has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > Section 35 (1) of the Act defines licensed boarding house to mean the premises to which a boarding house licence relates.\n> > \n> > manager approval has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > A manager approval is an approval granted by the Director-General under section 60 of the Act that authorises its holder to act as the manager of a specified assisted boarding house.\n> > \n> > medication means any substance or preparation given with the intention of preventing, diagnosing, curing, controlling or alleviating disease or otherwise enhancing the physical or mental welfare of a person.\n> > \n> > non-prescribed medication means medication other than prescribed medication.\n> > \n> > person responsible for a resident means a person who is responsible for the resident within the meaning of Part 5 of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257).\n> > \n> > Note.\n> > \n> > Under section 33A of the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257) a person responsible for another person includes the other person’s guardian, but only if the order or instrument appointing the person as guardian provides for the person to exercise the function of giving consent to the carrying out of medical or dental treatment.\n> > \n> > prescribed medication means medication that has been prescribed for a person’s use by—\n> > \n> > > (a) a medical practitioner, or\n> > \n> > > (b) a nurse practitioner in accordance with the medication formulary approved by the Director-General of the Ministry of Health.\n> > \n> > relevant approval means—\n> > \n> > > (a) a manager approval, or\n> > \n> > > (b) an authority to be a licensed manager in force at any time under the former [Youth and Community Services Act 1973](/view/html/repealed/current/act-1973-090).\n> > \n> > relevant authorisation means—\n> > \n> > > (a) a boarding house authorisation, or\n> > \n> > > (b) a licence or permit in force at any time under the former [Youth and Community Services Act 1973](/view/html/repealed/current/act-1973-090).\n> > \n> > screening tool—see clause 14.\n> > \n> > serious criminal offence has the same meaning as in Part 4 of the Act.\n> > \n> > staff member of an assisted boarding house has the same meaning as in Part 4 of the Act.\n> > \n> > the Act means the [Boarding Houses Act 2012](/view/html/inforce/current/act-2012-074).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) Any other term or expression used in this Regulation that is defined for the purposes of Part 4 of the Act has the same meaning as in Part 4 of the Act.\n> > \n> > Note.\n> > \n> > Section 4 (1) of the Act also defines certain other terms and expressions used in this Regulation, including the following—\n> > \n> > > assisted boarding house\n> > \n> > > Commissioner\n> > \n> > > Director-General\n> > \n> > > general boarding house\n> > \n> > > manager\n> > \n> > > person with additional needs\n> > \n> > > registrable boarding house\n> > \n> > > regulated assisted boarding house\n> \n> > (3) Notes included in this Regulation do not form part of this Regulation.\n> \n> **cl 3:** Am 2017 No 50, Sch 5.1; 2022 No 59, Sch 3.4.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Registration of boarding houses","content":"# Part 2 Registration of boarding houses\n\nPart 2 Registration of boarding houses","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Additional particulars to be notified about registrable boarding houses","content":"#### 4 Additional particulars to be notified about registrable boarding houses\n\n4 Additional particulars to be notified about registrable boarding houses\n\n> > (1) The following additional particulars are prescribed for the purposes of section 9 (1) (i) of the Act—\n> > \n> > > (a) the telephone number and email address, if any, of the manager (if any) of the registrable boarding house,\n> > \n> > > (b) the telephone number, email address and website address, if any, of the registrable boarding house,\n> > \n> > > (c) the local government area in which the registrable boarding house is located,\n> > \n> > > (d) the telephone number and email address, if any, of each proprietor of the registrable boarding house,\n> > \n> > > (e) the maximum number of fee-paying residents who can be accommodated in the registrable boarding house,\n> > \n> > > (f) the method or methods for calculating charges for fee-paying residents and the fee amounts payable,\n> > \n> > > (g) the methods of payment used by fee-paying residents (including cash payments, credit cards, cheques, direct bank debits, money orders, BPay and Australia Post),\n> > \n> > > (h) the kinds of services provided to any residents (including accommodation, meals and personal care services),\n> > \n> > > (i) whether the registrable boarding house has special provisions for physical access and, if so, the kind of provisions provided,\n> > \n> > > (j) the numbers of residents who fit into each of the following categories (to the extent that it is reasonably practicable to ascertain this information)—\n> > > \n> > > > (i) males,\n> > > \n> > > > (ii) females,\n> > > \n> > > > (iii) elderly persons (that is, persons 60 years of age or more),\n> > > \n> > > > (iv) students of tertiary institutions,\n> > > \n> > > > (v) persons who are mentally ill persons within the meaning of the [Mental Health Act 2007](/view/html/inforce/current/act-2007-008),\n> > > \n> > > > (vi) persons who have a disability (however arising and whether or not of a chronic episodic nature) that is attributable to an intellectual, psychiatric, sensory, physical or like impairment or to a combination of such impairments,\n> > > \n> > > > (vii) persons with significant health problems,\n> > > \n> > > > (viii) persons needing assistance with daily tasks and personal care.\n> \n> > (2) In this clause—\n> > \n> > fee-paying resident means a person who resides at the registrable boarding house for a fee or reward.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Additional information on Register of Boarding Houses that may be published on internet for public access","content":"#### 5 Additional information on Register of Boarding Houses that may be published on internet for public access\n\n5 Additional information on Register of Boarding Houses that may be published on internet for public access\n\n> Particulars of any enforcement action taken in respect of registrable boarding houses or their proprietors or staff (including any action taken under Part 4 of the Act) that are recorded in the Register of Boarding Houses are prescribed for the purposes of section 14 (1) (d) of the Act.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Assisted boarding houses","content":"# Part 3 Assisted boarding houses\n\nPart 3 Assisted boarding houses\n\nNote.\n\nThis Part makes provision with respect to assisted boarding houses. An authorised boarding house is an assisted boarding house for which a licence or interim permit has been granted under Part 4 of the Act. This Part does not apply to general boarding houses.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introductory","content":"## Division 1 Introductory\n\nDivision 1 Introductory","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Establishing that individual is a person with additional needs","content":"#### 6 Establishing that individual is a person with additional needs\n\n6 Establishing that individual is a person with additional needs\n\n> > (1) The Director-General may, by order published in the Gazette, approve kinds of matters or circumstances (or combinations of matters or circumstances) that may be used to establish that an individual is a person with additional needs.\n> \n> > (2) The kinds of matters or circumstances (or combinations of matters or circumstances) approved under this clause must not be inconsistent with the requirements of the definition of person with additional needs in section 36 (1) of the Act.\n> \n> > (3) A person or body may, for the purposes of the Act, use the existence or presence of kinds of matters or circumstances (or a combination of matters or circumstances) approved under this clause to establish that an individual is a person with additional needs.","sortOrder":9},{"sectionNumber":"Division 2","sectionType":"division","heading":"Applications for authorisations and approvals","content":"## Division 2 Applications for authorisations and approvals\n\nDivision 2 Applications for authorisations and approvals","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Additional information to be provided by applicants","content":"#### 7 Additional information to be provided by applicants\n\n7 Additional information to be provided by applicants\n\n> > (1) An application for a boarding house authorisation or manager approval must be accompanied by—\n> > \n> > > (a) in the case of an application for a boarding house authorisation—information to demonstrate to the satisfaction of the Director-General that the applicant—\n> > > \n> > > > (i) has the capacity and experience to provide appropriate accommodation and services to additional needs residents of assisted boarding houses, and\n> > > \n> > > > (ii) has the capacity to exercise overall supervision of an assisted boarding house, and\n> > \n> > > (b) particulars about any relevant authorisation or relevant approval held by the applicant or a close associate of the applicant that has been previously cancelled, revoked or suspended or a previous application for such an authorisation or approval that has been refused.\n> \n> > (2) The information required to be provided under this clause is additional to the other information required to be provided under the Act.","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Additional probity checks for licence applications","content":"#### 8 Additional probity checks for licence applications\n\n8 Additional probity checks for licence applications\n\n> Each of the following additional probity checks is prescribed for the purposes of section 45 (2) (f) of the Act—\n> \n> > (a) a check as to any previous enforcement action taken under the Act or former [Youth and Community Services Act 1973](/view/html/repealed/current/act-1973-090) against the applicant or close associate of the applicant in connection with a relevant authorisation that is or was held by the applicant or close associate,\n> \n> > (b) a check of any referees nominated by the applicant for the boarding house licence.\n> \n> Note.\n> \n> Section 45 (2) of the Act also requires the following application probity checks to be carried out in relation to an application for a boarding house licence for an assisted boarding house—\n> \n> > (a) criminal record checks of the applicant, a proposed approved manager and any proposed staff members of the proposed licensed boarding house,\n> \n> > (b) if the applicant is not a natural person—criminal record checks of any person involved in the control or management of the applicant (such as a chief executive officer, director or majority shareholder of a corporation),\n> \n> > (c) if the applicant makes the application on behalf of an unincorporated body—criminal record checks of any partner or member of the management committee or other office holder of the body,\n> \n> > (d) a criminal record check of any other close associate of the applicant that may be required by the Director-General,\n> \n> > (e) a check of the financial capacity of the applicant and the applicant’s close associates to operate the proposed assisted boarding house.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Additional grounds for refusing authorisations and manager approvals","content":"#### 9 Additional grounds for refusing authorisations and manager approvals\n\n9 Additional grounds for refusing authorisations and manager approvals\n\n> > (1) Boarding house licences The Director-General may refuse to grant a boarding house licence to an applicant if—\n> > \n> > > (a) a previous application by the applicant for a relevant authorisation was refused, or\n> > \n> > > (b) a relevant authorisation previously held by the applicant was cancelled, revoked or suspended, or\n> > \n> > > (c) the Director-General is satisfied that the applicant would not, if granted the relevant authorisation, be able to comply with any condition that would be imposed on the authorisation under Division 4.\n> > \n> > Note.\n> > \n> > Section 46 (2) and (3) of the Act provides for other grounds on which an application for a boarding house licence may or must be refused.\n> \n> > (2) Interim permits The Director-General may refuse to grant a interim permit to an applicant if—\n> > \n> > > (a) a previous application by the applicant for a relevant authorisation was refused, or\n> > \n> > > (b) a relevant authorisation previously held by the applicant was cancelled, revoked or suspended, or\n> > \n> > > (c) the Director-General is of the opinion that—\n> > > \n> > > > (i) the applicant or a close associate of the applicant is not a suitable person to be involved in the management or operation of an assisted boarding house, or\n> > > \n> > > > (ii) the applicant does not have (or is unlikely to have) the financial capacity to operate the proposed licensed boarding house, or\n> > > \n> > > > (iii) the applicant or a close associate of the applicant has committed a serious criminal offence.\n> \n> > (3) Manager approvals The following grounds are prescribed for the purposes of section 61 (2) (b) of the Act—\n> > \n> > > (a) a previous application by the applicant for a relevant approval was refused, or\n> > \n> > > (b) a relevant approval previously held by the applicant was cancelled, revoked or suspended, or\n> > \n> > > (c) the applicant or a close associate of the applicant has committed a serious criminal offence.\n> > \n> > Note.\n> > \n> > Section 61 (2) (a) of the Act also provides that the Director-General may refuse to grant a manager approval if the Director-General is of the opinion that the applicant is not a suitable person to be involved in the management of an assisted boarding house.\n> \n> > (4) Relationship with Act The grounds specified under this clause are additional to the other grounds provided by the Act for the refusal of an application for a boarding house authorisation or manager approval.","sortOrder":13},{"sectionNumber":"Division 3","sectionType":"division","heading":"Revocation of interim permits","content":"## Division 3 Revocation of interim permits\n\nDivision 3 Revocation of interim permits","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Additional ground for revocation of interim permits","content":"#### 10 Additional ground for revocation of interim permits\n\n10 Additional ground for revocation of interim permits\n\n> > (1) The Director-General may revoke an interim permit if the Director-General is of the opinion that the interim permit holder has contravened any provision of the Act or this Regulation (whether or not the interim permit holder has been convicted of an offence for the contravention).\n> \n> > (2) The ground specified under this clause is additional to the other grounds provided by the Act for the revocation of an interim permit.","sortOrder":15},{"sectionNumber":"Division 4","sectionType":"division","heading":"Prescribed conditions of boarding house authorisations","content":"## Division 4 Prescribed conditions of boarding house authorisations\n\nDivision 4 Prescribed conditions of boarding house authorisations","sortOrder":16},{"sectionNumber":"11","sectionType":"section","heading":"Conditions prescribed for the purposes of section 43 (1) (a) of Act","content":"#### 11 Conditions prescribed for the purposes of section 43 (1) (a) of Act\n\n11 Conditions prescribed for the purposes of section 43 (1) (a) of Act\n\n> The conditions specified in this Division are prescribed for the purposes of section 43 (1) (a) of the Act as conditions of boarding house authorisations.\n> \n> Note.\n> \n> Section 43 (5) of the Act makes it an offence for an authorised operator of an assisted boarding house to contravene a condition of the boarding house authorisation for the boarding house. The maximum penalty for such an offence is—\n> \n> > (a) in the case of a corporation—40 penalty units (currently, $4,400) and in addition, for a continuing offence, 10 penalty units (currently, $1,100) for each day the offence continues, and\n> \n> > (b) in any other case—20 penalty units (currently, $2,200) and in addition, for a continuing offence, 5 penalty units (currently, $550) for each day the offence continues.","sortOrder":17},{"sectionNumber":"12","sectionType":"section","heading":"Conditions relating to standards for authorised boarding houses","content":"#### 12 Conditions relating to standards for authorised boarding houses\n\n12 Conditions relating to standards for authorised boarding houses\n\n> > (1) It is a condition of a boarding house authorisation that the authorised operator ensures that accommodation, staffing and services provided by or at the authorised boarding house are provided in accordance with the standards specified in Schedule 1 that are applicable to the authorised boarding house.\n> \n> > (2) It is a condition of a boarding house authorisation that is a pre-existing authorised assisted boarding house (within the meaning of clause 5 of Schedule 1) that the requirements of clause 5 (4)–(6) of that Schedule are met.","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Condition relating to notification of presence of young residents","content":"#### 13 Condition relating to notification of presence of young residents\n\n13 Condition relating to notification of presence of young residents\n\n> > (1) It is a condition of a boarding house authorisation that the authorised operator ensures that the Director-General is notified, in accordance with this clause, that a person under 18 years of age is a resident of the authorised boarding house (a young resident).\n> \n> > (2) A notification under this clause must be in writing and contain such particulars as the Director-General may require.\n> \n> > (3) A notification under this clause must be given—\n> > \n> > > (a) in the case of any person who is a young resident of an authorised boarding house at the time this clause commences—within 14 days after that commencement, or\n> > \n> > > (b) in the case of any person who becomes a young resident of an authorised boarding house after the commencement of this clause—within 7 days after the person begins to reside at the boarding house.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Condition relating to screening of actual and proposed additional needs residents","content":"#### 14 Condition relating to screening of actual and proposed additional needs residents\n\n14 Condition relating to screening of actual and proposed additional needs residents\n\n> > (1) Condition It is a condition of a boarding house authorisation that the authorised operator ensures that—\n> > \n> > > (a) additional needs residents (or proposed additional needs residents) of the authorised boarding house are assessed in accordance with the requirements of this clause, and\n> > \n> > > (b) the Director-General is notified of matters in accordance with the requirements of this clause.\n> \n> > (2) Screening of proposed additional needs residents The following persons must be assessed in accordance with a screening tool before being permitted to reside at the authorised boarding house—\n> > \n> > > (a) a person who has not previously resided at an assisted boarding house or former licensed residential centre,\n> > \n> > > (b) a person who has been absent from any authorised boarding house for 6 months or more,\n> > \n> > > (c) a person who has previously been admitted to a psychiatric or other hospital, an aged care facility or a rehabilitation centre (regardless of whether the person resided at an authorised boarding house before the admission).\n> \n> > (3) Any such person must not be permitted to reside at the authorised boarding house if, following such an assessment, it is determined that the authorised boarding house is not a suitable residence for the person.\n> \n> > (4) However, subclauses (1) and (2) do not apply if—\n> > \n> > > (a) a person requires emergency accommodation (because of a natural disaster or where the person’s health, safety or welfare may be adversely affected if the person is not permitted to stay at the authorised boarding house), and\n> > \n> > > (b) the Director-General is notified of the person’s presence at the authorised boarding house within one business day of the person being permitted to stay at the authorised boarding house, and\n> > \n> > > (c) steps to arrange an assessment in accordance with a screening tool are taken within one business day of the person being permitted to stay at the authorised boarding house.\n> \n> > (5) Re-assessment of additional needs residents in certain circumstances An additional needs resident must be re-assessed in accordance with a screening tool as soon as reasonably practicable after the occurrence of any of the following—\n> > \n> > > (a) a significant deterioration in the physical or mental health of the resident,\n> > \n> > > (b) an increase in the need of the resident for care or support services.\n> \n> > (6) If it is determined, following any such re-assessment, that the authorised boarding house is no longer a suitable residence for the additional needs resident, arrangements must be made (in consultation with the Department) for the relocation of the resident to appropriate alternative accommodation within one month of the determination.\n> \n> > (7) Director-General to be notified of adverse assessments The Director-General must be notified in writing, within 14 days, if it is determined, in accordance with a screening tool, that—\n> > \n> > > (a) the authorised boarding house is not a suitable residence for a proposed additional needs resident, or\n> > \n> > > (b) the authorised boarding house is no longer a suitable residence for an additional needs resident.\n> > \n> > Note.\n> > \n> > See also Part 2 of Chapter 7 of the [Children and Young Persons (Care and Protection) Act 1998](/view/html/inforce/current/act-1998-157) concerning reporting requirements for homeless children and young persons.\n> \n> > (8) Definition In this clause—\n> > \n> > screening tool means an assessment tool that is in a form approved by the Director-General and that contains criteria to be used to determine whether an assisted boarding house is suitable as a residence for an additional needs resident (having regard to the health, comfort, safety and proper care of the person and other residents).","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Conditions relating to provision and display of information","content":"#### 15 Conditions relating to provision and display of information\n\n15 Conditions relating to provision and display of information\n\n> > (1) It is a condition of a boarding house authorisation that the authorised operator ensures that the information specified in this clause is provided or displayed in accordance with the requirements of this clause.\n> \n> > (2) A person seeking to become a resident of the authorised boarding house must be provided with information about the following before an occupancy agreement or rental agreement is entered into with the person—\n> > \n> > > (a) the room number of the room that will be allocated,\n> > \n> > > (b) the services that will be provided,\n> > \n> > > (c) the fees payable in connection with residency (including any occupancy fee or rent) and fees for services,\n> > \n> > > (d) any reductions in fees available for work undertaken by the person or in other specified circumstances,\n> > \n> > > (e) the procedures of the boarding house for handling complaints.\n> \n> > (3) Each of the following must be displayed in a conspicuous position at the boarding house—\n> > \n> > > (a) conditions to which the boarding house authorisation is subject (other than conditions imposed by the Act or this Regulation) where those conditions do not appear in full on the boarding house authorisation,\n> > \n> > > (b) a copy of the rules of the boarding house,\n> > \n> > > (c) an itemised schedule of all standard fees payable in connection with residency (including any occupancy fee or rent) and for services provided at the boarding house,\n> > \n> > > (d) a copy of any current compliance notice issued in relation the boarding house.\n> > \n> > Note.\n> > \n> > Section 53 of the Act requires the licensee of a licensed boarding house to ensure that a copy of the boarding house licence is displayed in a conspicuous position at the boarding house. Clause 30 makes similar provision if the boarding house authorisation concerned is an interim permit.\n> \n> > (4) At least one copy each of the Act and this Regulation must be available at the authorised boarding house for use by staff members, residents and visitors.\n> \n> > (5) In this clause—\n> > \n> > occupancy fee has the same meaning as in Part 3 of the Act.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Condition relating to development of policies","content":"#### 16 Condition relating to development of policies\n\n16 Condition relating to development of policies\n\n> > (1) It is a condition of a boarding house authorisation that the authorised operator must—\n> > \n> > > (a) develop, maintain and implement policies dealing (in accordance with such guidelines, if any, as may be issued for that purpose by the Director-General from time to time) with each of the following—\n> > > \n> > > > (i) ethical conduct by staff members,\n> > > \n> > > > (ii) procedures for handling complaints,\n> > > \n> > > > (iii) confidentiality of records,\n> > > \n> > > > (iv) illness, accident and emergency treatment,\n> > > \n> > > > (v) administration of medication,\n> > > \n> > > > (vi) infectious diseases,\n> > > \n> > > > (vii) food and nutrition, and\n> > \n> > > (b) ensure that copies of those policies are available at the authorised boarding house for inspection by staff members, residents and visitors.\n> \n> > (2) The provisions of any such policy must be consistent with any applicable standards specified by Schedule 1 concerning the matter dealt with by the policy.\n> > \n> > Note.\n> > \n> > The standards specified by Schedule 1 include standards relating to the administration of medication and food and nutrition.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Condition relating to staff arrangements","content":"#### 17 Condition relating to staff arrangements\n\n17 Condition relating to staff arrangements\n\n> > (1) It is a condition of a boarding house authorisation that the authorised operator must—\n> > \n> > > (a) ensure that—\n> > > \n> > > > (i) information concerning staff positions, duties and hours of work at the authorised boarding house is provided to the Director-General at such times and in such circumstances as may be specified in a direction in writing given to the operator by the Director-General, and\n> > > \n> > > > (ii) the Director-General is given notice in writing of a reduction of staffing hours or the number of staff members at the authorised boarding house within 14 days before the reduction takes effect, and\n> > > \n> > > > (iii) copies of staff rosters for the authorised boarding house are provided to the Director-General at such times and in such circumstances as may be specified in a request in writing given to the operator by the Director-General, and\n> > \n> > > (b) engage staff members, or re-organise existing staffing rosters, duties and hours, in accordance with any direction in writing given to the operator by the Director-General.\n> \n> > (2) A direction for the purposes of subclause (1) (b) that requires additional staff members to be engaged may specify both the number of staff to be engaged and the qualifications they must have.\n> \n> > (3) The Director-General may give a direction for the purposes of subclause (1) (b) that requires additional staff members to be engaged only if the Director-General is satisfied that, having regard to the needs of the additional needs residents of the authorised boarding house, sufficient staff members with suitable qualifications are not available at the boarding house.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Condition relating to notification of evictions of additional needs residents","content":"#### 18 Condition relating to notification of evictions of additional needs residents\n\n18 Condition relating to notification of evictions of additional needs residents\n\n> It is a condition of a boarding house authorisation that the authorised operator ensures that the Director-General is notified that an additional needs resident is being evicted within 3 days after the resident has been issued with an eviction notice or immediately after the resident has been evicted, whichever occurs first.","sortOrder":24},{"sectionNumber":"Division 5","sectionType":"division","heading":"Records","content":"## Division 5 Records\n\nDivision 5 Records","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Records required to be kept","content":"#### 19 Records required to be kept\n\n19 Records required to be kept\n\n> > (1) The following written records are required for the purposes of section 82 (2) of the Act—\n> > \n> > > (a) an additional needs resident personal information register setting out the information specified by clause 20,\n> > \n> > > (b) additional needs resident health records of the kind specified by clause 21,\n> > \n> > > (c) occupancy agreement records and rental agreement records of the kind specified by clause 22,\n> > \n> > > (d) staff information records setting out the information specified by clause 23,\n> > \n> > > (e) complaint information records setting out the information specified by clause 24,\n> > \n> > > (f) fire safety procedure records setting out the information specified by clause 25.\n> > \n> > Note.\n> > \n> > Section 82 of the Act provides that it is a condition of a boarding house authorisation that the authorised operator ensures that the requirements of that section concerning records are complied with. The section also requires an authorised operator to ensure that such records as the regulations require are kept in relation to the boarding house.\n> \n> > (2) The relevant custodian for a record referred to in subclause (1) must keep the record in a safe and secure area at an authorised location—\n> > \n> > > (a) in the case of a record relating to a person who is (or was) an additional needs resident of the assisted boarding house concerned—until the expiry of the period of 7 years after the person ceased to be a resident of the boarding house, or\n> > \n> > > (b) in the case of a record relating to a person who is (or was) a staff member of the assisted boarding house concerned—until the expiry of the period of 7 years after the person ceased to be a staff member of the boarding house, or\n> > \n> > > (c) in the case of any other record—until the expiry of the period of 7 years after the record was made.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a corporation—20 penalty units, and\n> > \n> > > (b) in any other case—10 penalty units.\n> \n> > (3) However, a person cannot be convicted of both an offence against subclause (2) and an offence against section 43 (5) of the Act in respect of the same act or omission.\n> > \n> > Note.\n> > \n> > Section 43 (5) of the Act makes it an offence for an authorised operator of an assisted boarding house to contravene a licence condition, including the condition concerning the keeping of records imposed by section 82 of the Act.\n> \n> > (4) In this clause—\n> > \n> > authorised location for a record referred to in subclause (1) means—\n> > \n> > > (a) while the assisted boarding house to which the record relates is an authorised boarding house—the premises of the authorised boarding house, or\n> > \n> > > (b) after the assisted boarding house to which the record relates ceases to be an authorised boarding house—a place approved by the Director-General.\n> > \n> > relevant custodian for a record referred to in subclause (1) means—\n> > \n> > > (a) while the assisted boarding house to which the record relates is an authorised boarding house—the authorised operator of the boarding house, or\n> > \n> > > (b) after the assisted boarding house to which the record relates ceases to be an authorised boarding house—the person who was the authorised operator of the boarding house immediately before it ceased to be an authorised boarding house.","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Additional needs resident personal information register","content":"#### 20 Additional needs resident personal information register\n\n20 Additional needs resident personal information register\n\n> > (1) The following information must be recorded in an additional needs resident personal information register about each additional needs resident of an authorised boarding house in a form approved by the Director-General—\n> > \n> > > (a) the full name of the resident (including former or other names of the resident),\n> > \n> > > (b) the date of birth of the resident,\n> > \n> > > (c) whether a resident has been assessed in accordance with a screening tool as provided by clause 14 and, if so—\n> > > \n> > > > (i) the date of any assessment, and\n> > > \n> > > > (ii) the name and contact details of the person who conducted the assessment,\n> > \n> > > (d) the resident’s pensioner concession card number (or number and type of any other entitlement card issued by the Commonwealth or a State or Territory Government),\n> > \n> > > (e) the medicare number by which the resident is covered, and (if known) the name of any health fund that has issued a policy by which the resident is covered,\n> > \n> > > (f) the gender of the resident,\n> > \n> > > (g) the date on which the resident began to reside in the authorised boarding house,\n> > \n> > > (h) the cultural and ethnic identity of the resident and the primary language spoken by the resident,\n> > \n> > > (i) a list of the items of personal property belonging to the resident that the resident brought into the authorised boarding house when he or she began to reside there,\n> > \n> > > (j) the name and address of the person responsible for the resident,\n> > \n> > > (k) if the person referred to in paragraph (j) is the guardian of the resident—details of the duration of the guardianship and of the functions exercisable by the guardian with respect to the resident,\n> > \n> > > (l) the name, address and telephone number of the resident’s treating medical practitioner or nurse practitioner,\n> > \n> > > (m) any serious illnesses suffered by the resident,\n> > \n> > > (n) any sensitivities or allergies to any medication suffered by the resident,\n> > \n> > > (o) any assistance in taking or administering any medication required by the resident,\n> > \n> > > (p) any assistance with personal care needs required by the resident,\n> > \n> > > (q) any special dietary requirements of the resident,\n> > \n> > > (r) whether the financial affairs of the resident are managed by the resident or any other person and the name of any person managing the resident’s financial affairs.\n> \n> > (2) In this clause—\n> > \n> > health fund means a private health insurer within the meaning of the [Private Health Insurance Act 2007](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > medicare number has the same meaning as in section 84 of the [National Health Act 1953](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Additional needs resident health records","content":"#### 21 Additional needs resident health records\n\n21 Additional needs resident health records\n\n> The additional needs resident health records to be kept in relation to the health of each additional needs resident of an authorised boarding house are each of the following—\n> \n> > (a) any written authorisation for the administration of any medication to the resident by a member of staff, and any medical practitioner’s or nurse practitioner’s instructions relating to its administration,\n> \n> > (b) if any medication is administered to the resident on the premises of the boarding house by a member of staff of the boarding house or a medical practitioner or nurse practitioner—\n> > \n> > > (i) the name of the medication, and\n> > \n> > > (ii) the date, time and dosage administered, and\n> > \n> > > (iii) the names and signatures of the persons who checked the dosage and administered the medication,\n> \n> > (c) any written particulars provided by the resident or a person responsible for the resident advising the authorised operator or manager that the resident suffers from allergies, epilepsy, asthma or any other specified medical condition and of the treatment to be given if the resident appears to be severely physically affected by the condition,\n> \n> > (d) any written consent to the carrying out of medical treatment on the resident given by a guardian of the resident,\n> \n> > (e) the nature and circumstances (including the date and time) of any significant injury to the resident or illness of the resident while he or she resides in the authorised boarding house,\n> \n> > (f) particulars of treatment given to the resident if the resident is injured or becomes ill while he or she resides in the authorised boarding house,\n> \n> > (g) if the resident dies while he or she resides in the authorised boarding house, the details surrounding the resident’s death.\n> \n> Note.\n> \n> Section 23 of the [Health Records and Information Privacy Act 2002](/view/html/inforce/current/act-2002-071) provides that a private sector person is not required to comply with a requirement of Part 4 of that Act if non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law. Similar provision is made in respect of a number of Health Privacy Principles set out in Schedule 1 to that Act, including in relation to the disclosure of health information under Principle 11.\n> \n> Section 94 of the Act also enables the Director-General to enter into information sharing arrangements with certain relevant agencies with respect to information held by the Director-General.","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Occupancy and rental agreement records","content":"#### 22 Occupancy and rental agreement records\n\n22 Occupancy and rental agreement records\n\n> > (1) The following records are to be kept concerning any occupancy agreement or rental agreement entered into in relation to an additional needs resident of an authorised boarding house—\n> > \n> > > (a) a copy of the agreement and of any written amendments to the agreement,\n> > \n> > > (b) if the agreement or amendments to the agreement are not in writing—a record of the date, parties to and terms of the agreement or amendments.\n> \n> > (2) In this clause—\n> > \n> > occupancy agreement and rental agreement have the same meaning as in Part 3 of the Act.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Staff information records","content":"#### 23 Staff information records\n\n23 Staff information records\n\n> The staff information records to be kept concerning each staff member (or former staff member) employed at an authorised boarding house are as follows—\n> \n> > (a) the full name and the residential address of the staff member,\n> \n> > (b) the date of birth of the staff member,\n> \n> > (c) the date on which the staff member commenced work,\n> \n> > (d) the positions in which the staff member is employed to work during the member’s employment,\n> \n> > (e) any relevant qualifications of the staff member (including first aid qualifications),\n> \n> > (f) the date on which the staff member ceased to be employed to work at the authorised boarding house.\n> \n> Note.\n> \n> Section 84 of the Act also makes it a condition of a boarding house authorisation that the authorised operator ensures that probity checks are carried out on staff members and that records are kept of such checks.","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Complaint information records","content":"#### 24 Complaint information records\n\n24 Complaint information records\n\n> The complaint information records to be kept concerning any complaint relating to an additional needs resident are as follows—\n> \n> > (a) details of any complaint made by or on behalf of the resident concerning the care provided to the resident or the operations of the authorised boarding house,\n> \n> > (b) details of any action taken in response to the complaint,\n> \n> > (c) whether the complaint was resolved.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Fire safety procedure records","content":"#### 25 Fire safety procedure records\n\n25 Fire safety procedure records\n\n> The fire safety procedure records to be kept for an authorised boarding house are as follows—\n> \n> > (a) any emergency evacuation plans prepared for the boarding house,\n> \n> > (b) fire safety certificates and statements for the boarding house,\n> \n> > (c) the dates for evacuation tests that have been carried out,\n> \n> > (d) the dates and reasons for any actual evacuations.","sortOrder":32},{"sectionNumber":"Division 6","sectionType":"division","heading":"Reporting requirements","content":"## Division 6 Reporting requirements\n\nDivision 6 Reporting requirements","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Additional reportable incidents involving residents: section 83 of Act","content":"#### 26 Additional reportable incidents involving residents: section 83 of Act\n\n26 Additional reportable incidents involving residents: section 83 of Act\n\n> > (1) Each of the following incidents involving residents of an authorised boarding house is prescribed for the purposes of section 83 (1) (d) of the Act—\n> > \n> > > (a) an assault (other than a sexual assault) under Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) (or the making of an allegation of such an assault) of—\n> > > \n> > > > (i) a resident by a staff member, or\n> > > \n> > > > (ii) a staff member by a resident, or\n> > > \n> > > > (iii) a resident by another resident,\n> > \n> > > (b) a serious accident involving a resident on the premises of the boarding house (being an accident that requires the resident to receive medical, dental or hospital treatment),\n> > \n> > > (c) the making of a complaint about the treatment of a resident.\n> > \n> > Note.\n> > \n> > Section 83 of the Act requires the manager of an authorised boarding house to report to the Director-General certain incidents involving residents (including incidents prescribed by the regulations). A failure to do so is an offence.\n> \n> > (2) For the purposes of subclause (1) (c), a complaint about the treatment of a resident means a complaint that consists of—\n> > \n> > > (a) an allegation of a contravention of the Act or this Regulation by the authorised operator or a staff member in relation to the treatment of a resident, or\n> > \n> > > (b) an allegation that a staff member has committed an offence under Part 4AA (Fraud) of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) against a resident, or\n> > \n> > > (c) an allegation that a resident has been neglected or ill-treated, or that the safety, health or wellbeing of a resident has otherwise been compromised, while residing in the authorised boarding house concerned.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Reporting police attendances","content":"#### 27 Reporting police attendances\n\n27 Reporting police attendances\n\n> > (1) The manager of an authorised boarding house must report to the Director-General the attendance of any police officer at the boarding house as soon as is reasonably practicable after the attendance if the reason for the attendance was to investigate an incident involving an additional needs resident.\n> \n> > (2) The report must be in writing and set out the following—\n> > \n> > > (a) the full name of the resident,\n> > \n> > > (b) the reason for the attendance of the police officer,\n> > \n> > > (c) the COPS Event Number provided by the NSW Police Force in relation to the attendance.\n> \n> > (3) A manager of an authorised boarding house who contravenes this clause is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Reporting failure to comply with planning requirements","content":"#### 28 Reporting failure to comply with planning requirements\n\n28 Reporting failure to comply with planning requirements\n\n> > (1) The manager of an authorised boarding house must report to the Director-General the issuing of a planning non-compliance notice within 7 days after the notice is received.\n> \n> > (2) A planning non-compliance notice is a notice, order or other document given or issued by a council to the effect that the authorised boarding house does not comply with requirements imposed by or under the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) and the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) with respect to the use of the boarding house, including (but not limited to)—\n> > \n> > > (a) requirements in relation to building and fire safety, and\n> > \n> > > (b) relevant standards or requirements for places of shared accommodation for the purposes of Order No 5 (d) in the Table to section 124 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (3) The report must be in writing and include a copy of the planning non-compliance notice.\n> \n> > (4) A manager of an authorised boarding house who contravenes this clause is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Reporting changes in circumstances","content":"#### 29 Reporting changes in circumstances\n\n29 Reporting changes in circumstances\n\n> > (1) The authorised operator of an authorised boarding house must report to the Director-General any of the following changes in circumstances within 7 days after the change—\n> > \n> > > (a) a change in the contact details of the authorised operator,\n> > \n> > > (b) if the authorised operator is a corporation or made the application for the boarding house authorisation on behalf of an unincorporated body—a significant change in the circumstances of a person involved in the control and management of the corporation or unincorporated body,\n> > \n> > > (c) any significant change that may affect the authorised operator’s capacity to operate the boarding house.\n> \n> > (2) For the purposes of subclause (1), a significant change includes a change in financial circumstances, such as an individual becoming bankrupt or a corporation being subject to winding up or other external administration.\n> \n> > (3) An authorised operator of an authorised boarding house who contravenes this clause is guilty of an offence.\n> > \n> > Maximum penalty—\n> > \n> > > (a) in the case of a corporation—20 penalty units, and\n> > \n> > > (b) in any other case—10 penalty units.","sortOrder":37},{"sectionNumber":"Division 7","sectionType":"division","heading":"Other matters","content":"## Division 7 Other matters\n\nDivision 7 Other matters","sortOrder":38},{"sectionNumber":"30","sectionType":"section","heading":"Display of interim permit","content":"#### 30 Display of interim permit\n\n30 Display of interim permit\n\n> An interim permit holder for an authorised boarding house must ensure that a copy of the interim permit is displayed in a conspicuous position at the boarding house.\n> \n> Maximum penalty—\n> \n> > (a) in the case of a corporation—10 penalty units, and\n> \n> > (b) in any other case—5 penalty units.\n> \n> Note.\n> \n> Section 53 of the Act makes similar provision with respect to the licensee of a licensed boarding house.","sortOrder":39},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":40},{"sectionNumber":"31","sectionType":"section","heading":"Penalty notice offences and penalties","content":"#### 31 Penalty notice offences and penalties\n\n31 Penalty notice offences and penalties\n\n> > (1) For the purposes of section 98 of the Act—\n> > \n> > > (a) each offence created by a provision specified in Column 1 of Schedule 2 is an offence for which a penalty notice may be served, and\n> > \n> > > (b) the penalty prescribed for each such offence is the amount specified opposite the provision in Column 2 of the Schedule.\n> \n> > (2) If the reference to a provision in Column 1 of Schedule 2 is qualified by words that restrict its operation to specified kinds of offences, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or committed in the circumstances so specified.","sortOrder":41},{"sectionNumber":"Part 5","sectionType":"part","heading":"Response to COVID-19 pandemic","content":"# Part 5 Response to COVID-19 pandemic\n\nPart 5 Response to COVID-19 pandemic\n\n**pt 5 (cll 32–35):** Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.","sortOrder":42},{"sectionNumber":"32","sectionType":"section","heading":"Definitions","content":"#### 32 Definitions\n\n32 Definitions\n\n> In this Part—\n> \n> impacted resident means a resident of a boarding house who is impacted by the COVID-19 pandemic.\n> \n> relevant period means the period ending on 26 March 2021.\n> \n> residency fees means the fees payable in connection with a residency, including any occupancy fee or rent, or fees for services payable under an occupancy agreement.\n> \n> **pt 5 (cll 32–35):** Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.","sortOrder":43},{"sectionNumber":"33","sectionType":"section","heading":"When a resident is impacted by the COVID-19 pandemic","content":"#### 33 When a resident is impacted by the COVID-19 pandemic\n\n33 When a resident is impacted by the COVID-19 pandemic\n\n> > (1) For the purposes of this Part, a resident is impacted by the COVID-19 pandemic if—\n> > \n> > > (a) the resident has—\n> > > \n> > > > (i) lost employment or income as a result of the impact of the COVID-19 pandemic, or\n> > > \n> > > > (ii) had a reduction in work hours or income as a result of the impact of the COVID-19 pandemic, or\n> > > \n> > > > (iii) had to stop working, or materially reduce the resident’s work hours, because of—\n> > > > \n> > > > > (A) the resident’s illness with COVID-19, or\n> > > > \n> > > > > (B) the resident’s carer responsibilities for a family member ill with COVID-19, and\n> > \n> > > (b) as a result of any of the matters stated in paragraph (a), the resident’s weekly income has been reduced by at least 25% compared to the resident’s weekly income before the occurrence of any of the matters.\n> \n> > (2) In this clause—\n> > \n> > resident’s weekly income means the total of the income, including any government payments, received by the resident in a week.\n> \n> **pt 5 (cll 32–35):** Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.","sortOrder":44},{"sectionNumber":"34","sectionType":"section","heading":"Notices of eviction to impacted residents for non-payment of residency fees during relevant period","content":"#### 34 Notices of eviction to impacted residents for non-payment of residency fees during relevant period\n\n34 Notices of eviction to impacted residents for non-payment of residency fees during relevant period\n\n> > (1) This clause regulates, for the purposes of section 229(1)(c) of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042), the notice that a proprietor must give an impacted resident if the proprietor intends to evict the impacted resident solely on the ground that the impacted resident has not paid residency fees payable under an occupancy agreement during the relevant period.\n> \n> > (2) The proprietor must give the impacted resident the following notice of the eviction—\n> > \n> > > (a) if the proprietor has participated, in good faith, in a formal rent negotiation process with the impacted resident but an agreement about the residency fees was not reached because the impacted resident did not participate in the process in good faith—60 days written notice,\n> > \n> > > (b) otherwise—6 months written notice.\n> \n> > (3) If a proprietor has not given notice in accordance with this clause, the proprietor is taken not to have complied with the occupancy principles as the principles apply under Part 3 of the Act.\n> \n> > (4) In this clause—\n> > \n> > formal rent negotiation process means a dispute resolution process between a proprietor and an impacted resident, facilitated by an independent third party, to negotiate the residency fees payable under an occupancy agreement having regard to the specific circumstances of the proprietor and the impacted resident.\n> \n> **pt 5 (cll 32–35):** Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.","sortOrder":45},{"sectionNumber":"35","sectionType":"section","heading":"Notices of eviction to residents on particular grounds during relevant period","content":"#### 35 Notices of eviction to residents on particular grounds during relevant period\n\n35 Notices of eviction to residents on particular grounds during relevant period\n\n> > (1) This clause regulates, for the purposes of section 229(1)(c) of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042), the notice that a proprietor must give a resident if the proprietor intends to evict the resident on a ground other than an excluded ground during the relevant period.\n> \n> > (2) The proprietor must give the resident not less than 90 days written notice of the eviction.\n> \n> > (3) If a proprietor has not given notice in accordance with this clause, the proprietor is taken not to have complied with the occupancy principles as the principles apply under Part 3 of the Act.\n> \n> > (4) In this clause—\n> > \n> > excluded ground means any of the following grounds—\n> > \n> > > (a) the resident has not paid residency fees payable under the occupancy agreement, but only if the resident is not an impacted resident,\n> > \n> > > (b) the resident has intentionally or recklessly caused or permitted serious damage to the premises or other residents’ property,\n> > \n> > > (c) the resident is using the premises for illegal purposes,\n> > \n> > > (d) the resident has threatened, abused, intimidated or harassed other residents or the proprietor.\n> \n> **pt 5 (cll 32–35):** Ins 2020 (147), Sch 2. Subst 2020 (584), Sch 2.","sortOrder":46},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Standards for authorised boarding houses","content":"# Schedule 1 Standards for authorised boarding houses\n\nSchedule 1 Standards for authorised boarding houses\n\n(Clause 12)\n\nNote.\n\nAn authorised boarding house is an assisted boarding house for which a licence or interim permit has been granted under Part 4 of the Act. Accordingly, these standards are not applicable to general boarding houses.\n\nNothing in this Schedule limits any other requirement imposed by or under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), the [Food Act 2003](/view/html/inforce/current/act-2003-043), the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), the [Public Health Act 2010](/view/html/inforce/current/act-2010-127) or any other Act or law with respect to the use, or the provision of services to residents, of authorised boarding premises. See section 6 of the Act.\n\n**sch 1:** Am 2013 No 95, Sch 5.2.","sortOrder":47},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\n(Clause 31)\n\n| Column 1 | Column 2 |\n| Provision | Penalty |\n| Offences under the Act |\n| Section 9 (5) | $8,250 (in the case of a corporation)$4,125 (in any other case) |\n| Section 10 (1) | $1,650 (in the case of a corporation)$825 (in any other case) |\n| Section 11 | $1,650 (in the case of a corporation)$825 (in any other case) |\n| Section 41 (1) | $9,900 (in the case of a corporation)$4,950 (in any other case) |\n| Section 41 (2) | $9,900 (in the case of a corporation)$4,950 (in any other case) |\n| Section 43 (5) | $3,300 (in the case of a corporation)$1,650 (in any other case) |\n| Section 49 (4) | $1,650 |\n| Section 50 (2) | $1,650 |\n| Section 53 | $825 (in the case of a corporation)$413 (in any other case) |\n| Section 57 (3) | $3,300 (in the case of a corporation)$1,650 (in any other case) |\n| Section 58 (2) | $1,650 |\n| Section 63 (4) | $1,650 |\n| Section 65 (4) | $1,650 |\n| Section 67 (3) | $825 |\n| Section 73 | $3,300 (in the case of a corporation)$1,650 (in any other case) |\n| Section 80 | $3,300 (in the case of a corporation)$1,650 (in any other case) |\n| Section 83 (3) | $4,125 |\n| Offences under this Regulation |\n| Clause 19 (2) | $1,650 (in the case of a corporation)$825 (in any other case) |\n| Clause 27 (3) | $825 |\n| Clause 28 (4) | $825 |\n| Clause 29 (3) | $1,650 (in the case of a corporation)$825 (in any other case) |\n| Clause 30 | $825 (in the case of a corporation)$413 (in any other case) |","sortOrder":93}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original purpose under the Boarding Houses Act 2012. The COVID-19 provisions (Part 5) were temporary emergency measures inserted in 2020 and have since expired (relevant period ended 26 March 2021), but these were within the scope of emergency regulation-making powers rather than scope creep. The detailed standards in Schedule 1 flesh out the Act's framework without expanding beyond the intended regulatory scheme for assisted boarding houses."},"complexity_factors":["Extensive cross-referencing to the Boarding Houses Act 2012 and other legislation (Guardianship Act 1987, Residential Tenancies Act 2010, etc.)","47+ defined terms in clause 3 alone, many referencing external statutes","Nested conditional logic throughout — e.g., clause 14 (screening) has multiple exceptions to exceptions for emergency accommodation","Dual penalty structures distinguishing between corporations and individuals (e.g., 20 penalty units vs 10 penalty units)","Transitional provisions for 'pre-existing' boarding houses with grandfathered standards (Schedule 1, clause 5)","Multiple overlapping record-keeping requirements with different retention periods and custodians","Conditional compliance pathways (e.g., clause 1(3) of Schedule 1 allows three different ways to satisfy staffing requirements)","Integration of COVID-19 temporary measures (Part 5) with permanent eviction procedures under the Residential Tenancies Act"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the detailed rules for running boarding houses in New South Wales, with a particular focus on **assisted boarding houses** — these are facilities that accommodate people with \"additional needs\" (disabilities, mental health conditions, or other vulnerabilities who need support with daily living).\n\n**Who it affects:**\n\n*   **Operators and managers** of assisted boarding houses (those with licences or permits under the Boarding Houses Act 2012)\n*   **Residents** of these facilities, particularly those classified as having \"additional needs\"\n*   **General boarding houses** (to a lesser extent — mainly registration requirements)\n\n**Key requirements:**\n\n*   **Registration:** All registrable boarding houses must provide detailed information including contact details, fees, services offered, and resident demographics.\n*   **Licensing conditions:** Assisted boarding houses must meet strict conditions including:\n    *   **Staffing:** Minimum staffing levels, qualifications, and criminal record checks\n    *   **Physical standards:** Room sizes (minimum 7.5m² for single rooms), privacy locks, cleanliness, and facilities like call bells and communal spaces\n    *   **Health care:** Proper medication storage and administration, health monitoring, and access to medical care\n    *   **Records:** Detailed record-keeping for residents (personal info, health, agreements) and staff for at least 7 years\n    *   **Screening:** Assessment of residents to ensure the facility is suitable for their needs\n*   **Reporting:** Managers must report incidents like assaults, serious accidents, police attendances, and planning violations.\n*   **COVID-19 protections:** Temporary rules (now expired) that prevented quick evictions of residents who lost income due to the pandemic.\n\n**Why it matters:**\n\nThis Regulation protects vulnerable people who may not be able to advocate for themselves. It ensures assisted boarding houses provide safe accommodation, proper care, and respect for residents' dignity and rights. It also gives the government (the Director-General) power to inspect, enforce standards, and take action against operators who don't comply."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"This Regulation operationalises and details requirements for assisted (authorised) boarding houses under the Boarding Houses Act 2012 without expanding who is in scope. It repeatedly limits application to authorised/assisted boarding houses and defers definitional scope to the Act (see Part 3 note; cl 12; cl 3(2)). It adds procedural and transitional detail (eg. cl 5) but does not alter the Act’s core coverage."},"complexity_factors":["Extensive cross-references to the Boarding Houses Act 2012 and multiple other Acts for definitions and interaction (cl 3; notes throughout)","Broad delegated discretion to the Director‑General to approve screening tools, forms, give directions on staffing and to set/approve plans (cl 6, cl 14, cl 17, cl 5(4))","Detailed, prescriptive operational requirements (staffing levels, qualifications, sleeping areas, facilities, medication storage and administration) spanning many clauses (sch 1 pts 1–4; cll 6–7; cll 27–29)","Complex record‑keeping and retention regime with specified registers, health records and 7‑year retention plus penalties (cll 19–25)","Multiple reporting obligations with short timeframes and criminal/penalty notice sanctions (cll 13, 18, 26–29; sch 2)","Transitional arrangements and phased application for pre‑existing assisted boarding houses (cl 5) increasing compliance planning","Temporary, criteria‑based COVID‑19 eviction notice rules that depend on income‑loss tests and negotiation processes (pt 5, cll 32–35)","Penalty notice schedule with varied monetary amounts tied to many provisions, requiring enforcement calibration (cl 11; Schedule 2)"],"plain_english_summary":"Prescribes detailed operational rules for assisted boarding houses: licensing and probity checks, staffing and facility standards, resident records, medication handling, reporting duties and civil penalties. It applies to authorised assisted boarding houses (licensed or interim) and those who run or staff them, and affects residents with additional needs. It matters because it turns high-level statutory duties into specific compliance steps, reporting timeframes and eviction-notice rules (including temporary COVID-19 notice requirements), shifting administrative costs, decision‑making discretion to the Director‑General and day‑to‑day operating obligations."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no indication that the scope of this regulation has materially changed from its original intent. It remains focused on regulating boarding house operations in NSW as contemplated when first made in 2013. The multiple amendments suggest refinements rather than fundamental scope changes, which is typical for a regulation of this type over a decade of operation."},"complexity_factors":["This is a subordinate regulation (secondary legislation) that must be read alongside its parent Act — the Boarding Houses Act 2012 — to be fully understood","The regulation has been amended multiple times since 2013 (at least 5 version changes), meaning different rules applied at different points in time, which can create confusion about which version applies to a given situation","It sits within a broader regulatory framework involving multiple agencies (local councils, NSW Fair Trading, Community Services)","The staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal complexity — the law has a built-in expiry date","The full text of the regulation's substantive provisions is not available in this extract, limiting assessment of its internal complexity","Boarding house law intersects with tenancy law, disability law, and local government planning rules, creating potential for overlap and confusion"],"plain_english_summary":"This regulation implements the Boarding Houses Act 2012 by prescribing how boarding houses in NSW must operate — registration, minimum standards for rooms and facilities, and protections for residents. It primarily affects boarding‑house operators, residents (often vulnerable or low‑income people), and enforcement officers.\n\nIt matters because these rules govern a key source of affordable housing. Note: the regulation is slated to expire on 1 September 2026 unless remade."}},"importantCases":[],"_links":{"self":"/api/acts/boarding-houses-regulation-2013","history":"/api/acts/boarding-houses-regulation-2013/history","analysis":"/api/acts/boarding-houses-regulation-2013/analysis","conflicts":"/api/acts/boarding-houses-regulation-2013/conflicts","importantCases":"/api/acts/boarding-houses-regulation-2013/important-cases","documents":"/api/acts/boarding-houses-regulation-2013/documents"}}