35Definitions

#### 35 Definitions 35 Definitions (cf YCS Act, s 3) > > (1) In this Part— > > > > application probity check—see section 45. > > > > approved means approved by the Secretary from time to time. > > > > approved manager means a person who has been granted a manager approval with respect to an assisted boarding house. > > > > authorised boarding house means an assisted boarding house with respect to which a boarding house authorisation is in force. > > > > authorised operator of an authorised boarding house means— > > > > > (a) if the boarding house is a licensed boarding house—the licensee, and > > > > > (b) if an interim permit is in force with respect to the boarding house—the interim permit holder. > > > > boarding house authorisation means a boarding house licence or interim permit. > > > > boarding house licence—see Subdivision 2 of Division 2. > > > > close associate—see section 38. > > > > competent relative of a person means a relative of the person who is— > > > > > (a) 18 years old or older, and > > > > > (b) not a person with additional needs. > > > > compliance notice—see section 79. > > > > interim permit—see section 54. > > > > interim permit holder means a person to whom an interim permit has been granted. > > > > licensed boarding house means the premises to which a boarding house licence relates. > > > > licensee means the holder of a boarding house licence. > > > > manager approval—see section 60. > > > > relevant operator of premises means any of the following— > > > > > (a) a proprietor of the premises, > > > > > (b) the person apparently in charge of the premises. > > > > serious criminal offence means any of the following offences— > > > > > (a) murder, > > > > > (b) a prescribed sexual offence (within the meaning of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209)), > > > > > (c) any other assault under Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) for which the offender has been sentenced to imprisonment, > > > > and includes an offence committed outside of New South Wales that, if it had been committed in New South Wales, would have constituted an offence of the kind referred to in paragraph (a), (b) or (c). > > > > staff member of an assisted boarding house means a person who— > > > > > (a) is 16 years old or older, and > > > > > (b) provides, or is reasonably expected to provide, care or support services to residents of the boarding house (whether as an employee, contractor or volunteer) under the control or direction of the authorised operator or approved manager, and > > > > > (c) has, or is reasonably likely to have, access to residents in need of such care or services, > > > > and includes the approved manager of the boarding house or any resident providing, or reasonably expected to provide, such care or other services to other residents (whether in exchange for accommodation or otherwise). > > > > unauthorised boarding house means an assisted boarding house for which there is no boarding house authorisation in force. > > > > unincorporated body means a partnership or other unincorporated association of persons. > > > (2) Any matter approved (or any revocation or amendment of an approved matter) by the Secretary for the purposes of a provision of this Part (other than Subdivision 4 of Division 2) that authorises the Secretary to approve the matter does not have effect until it is published on the website of the Department of Communities and Justice. > > **s 35:** Am 2022 No 59, Sch 3.3\[2\].