When general boarding houses become assisted boarding houses
If a general boarding house provides boarding accommodation for 2 or more people with additional needs (as set out in the Boarding House Act 2012), it must be registered with NSW Fair Trading and authorised as an assisted boarding house by Homes NSW.
When a general boarding house may be an assisted boarding house
Operators and managers of general boarding houses need to:
- be aware of the definition of an assisted boarding house
- understand the definition of a “person with additional needs”
- register appropriately with NSW Fair Trading
- contact the Homes NSW Assisted Boarding Houses Team.
The team will decide whether the boarding house needs to be authorised as an assisted boarding house.
Visit About assisted boarding houses for definitions and more information.
Exemptions
Premises that are exempt from the Boarding Houses Act 2012 and don’t need to be authorised include:
- hotels
- government-owned or funded accommodation for people with disabilities
- hospitals
- nursing homes
- retirement villages, and
- accommodation operated by schools or universities.
What happens if an operator of an assisted boarding house does not follow this process
Homes NSW can take a number of actions after these initial inquiries:
- No action. If Homes NSW finds that the residents do not need additional support or that the premises are exempt from the Act, no further action may be necessary.
- Further assessment. If resident support needs are not clear, Homes NSW may arrange further assessments.
- Authorisation. Homes NSW will provide advice to operators on the requirements for authorisation as an assisted boarding house. This will help the operators provide accommodation and services to people with additional needs.
- Legal action. As a last resort, Homes NSW may take legal action including prosecution:
- if sufficient evidence exists that the proprietor or manager knowingly continues to operate an assisted boarding house
- and this is done without authorisation and against the advice of Homes NSW.