NSWIn ForceAct
Boarding Houses Act 2012
84Probity checks on staff members of authorised boarding houses
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#### 84 Probity checks on staff members of authorised boarding houses
84 Probity checks on staff members of authorised boarding houses
> > (1) It is a condition of the boarding house authorisation that the authorised operator must ensure that the requirements of this section concerning staff members are complied with.
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> > (2) A person must not be engaged as a staff member of an authorised boarding house unless the authorised operator is satisfied that the person is a suitable person to be involved in the management or operation of the boarding house.
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> > (3) In deciding whether a person is a suitable person to be involved in the management or operation of the boarding house, the authorised operator must first ensure that a criminal record check is conducted on the person.
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> > (4) The authorised operator must ensure that a new criminal record check is conducted or obtained in respect of a staff member every 3 years during the period while the person remains a staff member.
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> > (5) The authorised operator of an authorised boarding house must not engage (or continue to engage) a person to be a staff member of the boarding house if—
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> > > (a) the operator is satisfied from the person’s criminal record check that the person has committed a serious criminal offence, or
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> > > (b) the person refuses to obtain or submit to a criminal record check for the purposes of this section.
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> > (6) The authorised operator must—
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> > > (a) ensure that a record is kept of any criminal record checks conducted for the purposes of this section for a period of 3 years after the check is conducted, and
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> > > (b) make any such record available for inspection by an enforcement officer on request.
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> > (7) The regulations may make provision for or with respect to the obtaining and conduct of criminal record checks for the purposes of this section (including the use of a statutory declaration to verify a person’s criminal record when a criminal record check cannot be obtained or conducted).