Schedule 1Standards for
authorised boarding houses
(Clause 12)
Note—
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. Accordingly, these standards are not applicable to general
boarding houses.
Nothing in this Schedule limits any other
requirement imposed by or under the Environmental Planning
and Assessment Act 1979, the Food
Act 2003, the Local Government Act
1993, the Public Health Act
2010 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.
Part 1Staffing
1Staffing levels
(1)
An authorised boarding house must have staff
levels that are sufficient to cater for the needs of the additional needs
residents of the boarding house.
(2)
Without limiting subclause (1), the staff levels
of the authorised boarding house must include—
(a)
at least one staff member present on the premises
of the boarding house at all times, and
(b)
if that staff member does not have a current
first aid qualification or has that qualification but is not capable of
attending to a first aid emergency expeditiously—at least one other
staff member present on the premises of the boarding house at all times who
has that qualification and is capable of attending to a first aid emergency
expeditiously.
(3)
It is sufficient compliance with this clause
if—
(a)
the staff levels are determined to be sufficient
using a staff needs assessment tool, or
(b)
the Director-General has given written approval
for the staffing levels, or
(c)
the staffing levels are in accordance with a
direction given by the Director-General.
Note—
See clause 17 of the Regulation concerning the
giving of directions about staffing levels.
(4)
In this clause—
staff needs assessment
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 the number and rostering of staff members of an authorised boarding
house are sufficient to cater for the needs of the additional needs residents
of the boarding house.
2Staffing qualifications, skills and
training
(1)
The staff members of an authorised boarding house
who exercise functions in relation to additional needs residents
must—
(a)
be at least 16 years of age,
and
(b)
have the knowledge and skills required to
exercise those functions (including an understanding of the importance of
delivering quality services to, and promoting and protecting the wellbeing of,
such residents), and
(c)
be competent in exercising their
functions.
(2)
Each staff member must be trained in the proper
use of the fire fighting equipment of an authorised boarding house and the
evacuation procedures followed for the boarding house.
Note—
Section 84 of the Act also makes it a condition
of a boarding house authorisation that the authorised operator ensure that the
requirements of that section concerning staff members are complied
with.
Section 84 of the Act provides for the following
requirements—
(a)
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.
(b)
The authorised operator must, in deciding whether
a person is a suitable person to be involved in the management or operation of
the boarding house, first ensure that a criminal record check is conducted on
the person.
(c)
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.
(d)
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—
(i)
the operator is satisfied from the person’s
criminal record check that the person has committed a serious criminal
offence, or
(ii)
the person refuses to obtain or submit to a
criminal record check for the purposes of section 84 of the
Act.
(e)
The authorised operator must ensure that records
of such criminal records checks are kept for a period of 3 years and must make
those records available for inspection by enforcement
officers.
3Minimum qualifications for
managers
Without limiting clause 2, the manager of an
authorised boarding house must have—
(a)
the required abilities to provide services to
people with additional needs in boarding houses and the capacity to exercise
overall supervision of an assisted boarding house, and
(b)
one or more of the following—
(i)
a degree or diploma in social work, or in health
or community work, of a kind approved by the
Director-General,
(ii)
relevant experience in the management of assisted
boarding houses.
4Use of volunteers
Services to additional needs residents of an
authorised boarding house may be provided with the assistance of volunteers,
but only if the volunteers—
(a)
supplement the staffing requirements specified by
this Part and are not counted in determining whether the required staffing
levels have been met, and
(b)
are covered by insurance arrangements in relation
to their work.
Note—
The term staff member of an
assisted boarding house is defined in section 35 (1) of the Act to include
volunteers. They are therefore subject to the same requirements relating to
other staff members, including probity checks for the purposes of the
condition imposed on boarding house authorisations by section 84 of the Act.
However, this clause ensures that such volunteers are not to be counted for
the purposes of determining whether there are appropriate staffing levels for
an authorised boarding house.
Part 2Physical environment
Division 1Housing of residents
5Application of Division to pre-existing assisted
boarding houses
(1)
A pre-existing
authorised assisted boarding house means an assisted
boarding house that has a boarding house authorisation with the following
features—
(a)
the authorisation is either a converted licence
(within the meaning of clause 5 of Schedule 2 to the Act) or a converted
permit (within the meaning of clause 6 of Schedule 2 to the Act),
and
(b)
the converted licence or converted permit has
remained in force continually since the day on which the former Youth and Community Services Act 1973
was repealed by the Act.
(2)
The provisions of this Division (other than this
clause) do not apply to a pre-existing authorised assisted boarding house
until the day that is the fifth anniversary of the commencement of this
Regulation.
(3)
The provisions of clause 5 of the former Youth and Community Services Regulation
2010 (as in force immediately before it was repealed by
the Act) continue to apply to a pre-existing authorised assisted boarding
house during that 5-year period.
Note—
Clause 5 of the former Youth and Community Services Regulation
2010 made provision for the standard of sleeping
facilities required for residents of former licensed residential centres under
the Youth and Community Services Act
1973.
(4)
The proprietor of a pre-existing authorised
assisted boarding house must prepare (or cause to be prepared) and submit to
the Director-General a plan, in the form approved by the Director-General,
outlining the steps that will be taken for the boarding house to conform with
clauses 6 and 7 by the day that is the fifth anniversary of the commencement
of this Regulation (a transition
plan).
(5)
A transition plan is to be prepared and submitted
as soon as practicable after the end of the period of 12 months after the
commencement of this Regulation and at 12-monthly intervals until that
anniversary.
(6)
Each transition plan is to indicate the date
(being the earliest date practicable) by which the steps outlined in the plan
will be taken.
6Maximum number of residents
The number of residents of an authorised boarding
house (whether additional needs residents or other residents) must not exceed
30 persons unless a condition of its boarding house authorisation imposed (or
taken to have been imposed) by the Director-General provides
otherwise.
Note—
The maximum number of residents that may be
accommodated in a boarding house may also be limited under the Environmental Planning and Assessment Act
1979 or Local Government Act
1993. See section 6 of the Act.
7Sleeping arrangements
(1)
The maximum number of residents that may occupy
the same bedroom in an authorised boarding house is—
(a)
one resident, or
(b)
if a resident requests shared occupation of a
bedroom with a particular resident of his or her choice—2
residents.
(2)
The floor area of a bedroom that is occupied by
one resident only must not be less than 7.5 square
metres.
(3)
The floor area of a bedroom that is occupied by 2
residents must not be less than 11 square metres.
(4)
Each bedroom must be capable of being locked to
ensure the privacy of the occupants.
(5)
Any master key that would enable a bedroom to be
unlocked by someone other than an occupant of the bedroom must be kept in a
secure place by the manager of the authorised boarding
house.
(6)
Provision must be made in relation to additional
needs residents to ensure that—
(a)
mattresses and other bedding are clean and
comfortable, and
(b)
bed clothing is appropriate to the climate,
and
(c)
all bed clothing is kept clean and in good
repair, and
(d)
bed linen used by one resident is washed before
it is used by another resident, and
(e)
absorbent or waterproof bed sheets are provided
to residents who require them.
Note—
Clause 46 of the Public Health Regulation 2012 makes it
an offence for an occupier of premises to allow any room or cubicle in the
premises to be used for the purposes of sleeping accommodation
unless—
(a)
the room or cubicle has a floor area of 5.5
square metres or more for each person sleeping in it (in the case of long-term
sleeping accommodation) or 2 square metres or more for each person sleeping in
it (in any other case), or
(b)
the room or cubicle has been exempted by the
Minister for Health under that clause and complies with any conditions
attached to the exemption, or
(c)
the premises are private domestic
premises.
This provision also applies in relation to
authorised boarding houses. See section 6 of the Act.
Division 2State
of premises
8Cleanliness, maintenance and
repairs
(1)
The premises of an authorised boarding house, and
all equipment and furnishings used in providing services to additional needs
residents, must be maintained in a safe, clean and hygienic condition and in a
reasonable state of repair at all times.
(2)
An approved operator must use the
operator’s best endeavours to ensure that any buildings and grounds on
the premises are kept free of vermin and pests.
9Light and ventilation
Adequate light and ventilation must be maintained
in the premises of an authorised boarding house.
10Furniture and fittings
Appropriate furniture and fittings must be
provided at an authorised boarding house and maintained in a reasonable state
of repair.
11Heating, cooling and other electrical
equipment
(1)
All heating, cooling and other electrical
equipment of an authorised boarding house must—
(a)
be maintained in a reasonable state of repair and
safe working order, and
(b)
be fitted so as to afford adequate protection
from burns and electrical shocks.
(2)
The heating and cooling that is provided must be
appropriate for the climate and temperature.
Division 3Facilities and equipment
12Clothing and toiletries
Each additional needs resident of an authorised
boarding house must—
(a)
have a supply of personal clothing and footwear
that is adequate to allow for laundering and repair and is suited to climate
and seasonal conditions, and
(b)
be provided with their own personal toothbrush,
toothpaste and soap, and
(c)
be provided with a supply of bath towels and face
washers that is adequate to allow for laundering, and
(d)
not be expected or required to share clothing,
footwear, toiletries or other items of a personal nature with another
person.
13Storage facilities
An authorised boarding house must have secure
storage facilities (whether fixed or moveable) for each of the
following—
(a)
recreation and education
supplies,
(b)
luggage,
(c)
cleaning materials,
(d)
outdoor equipment.
14Toilets and washing facilities
(1)
An authorised boarding house must have sufficient
toilet, bathing or showering and hand washing facilities, and a sufficient
supply of toilet paper, for use by additional needs
residents.
(2)
The toilet, bathing or showering and hand washing
facilities provided must be safe for use by additional needs residents and
must have products and equipment for cleaning those facilities whenever
necessary.
15Call bells
(1)
An authorised boarding house must have sufficient
functioning call bells or other communication systems located on its premises
to allow additional needs residents to contact staff members in the case of an
emergency, including (but not limited to) a call bell or other form of
communication in the hallway or common area on every floor, in the kitchen and
in all bathrooms.
(2)
Call bells and other communication systems must
be tested regularly to ensure continuous operation.
16Communal space
(1)
An authorised boarding house must have at least
one communal living space for the use of residents that is of an appropriate
size and space for residents to socialise.
(2)
A communal living space may be located outside,
but only if the space is (or is made) appropriate for the climate and
temperature and there is at least one indoor communal living space of a size
appropriate for the number of residents.
17Dining rooms
An authorised boarding house must have a dining
room that is sufficient in area to permit comfortable seating arrangements for
all additional needs residents and other persons who are receiving
meals.
18Private or quiet rooms
An authorised boarding house must have a private
or quiet room that is made available for use by any additional needs residents
so as to enable them to receive visitors in private (including authorised
service providers within the meaning of section 77 of the Act and health
practitioners).
19Food preparation areas
An authorised boarding house must have a food
preparation area available for use by additional needs residents
that—
(a)
includes a stove, microwave, sink, refrigerator,
suitable disposal facilities and hot water supply, and
(b)
is both safe and hygienic for food preparation
and storage.
Note—
See also the requirements of the Food Act 2003 (and the Food Safety
Standards within the meaning of that Act) concerning food preparation. Those
provisions apply in relation to authorised boarding houses. See section 6 of
the Act.
20Laundry
(1)
An authorised boarding house must have laundry
arrangements, whether on the premises of the boarding house or through another
facility, service or arrangement.
(2)
Irrespective of such arrangements, an authorised
boarding house must have laundry facilities on the premises of the boarding
house that are available for use by the residents, being facilities that
include at least a laundry tub connected to hot and cold
water.
(3)
An authorised boarding house must have safe,
sanitary facilities for the storage of soiled clothes and linen before
laundering or disposal.
21Telephone
(1)
An authorised boarding house must be equipped
with—
(a)
an operating telephone that is readily accessible
to staff members and can be used to contact emergency services (including the
nearest police station, ambulance station, fire service, and medical emergency
facility), and
(b)
at least one operating telephone that is
available for use by additional needs residents for a reasonable
charge.
(2)
Subclause (1) (b) does not permit an authorised
operator to charge a fee for the use of a telephone to ring a free-call
number.
Part 3Lifestyle
22Protection of private property
(1)
Additional needs residents of an authorised
boarding house must be provided with suitable storage facilities for their
personal property.
(2)
The private property of an additional needs
resident must not be taken, borrowed or given to any other person without the
permission of the resident or a person responsible for the
resident.
(3)
If an additional needs resident moves out, the
personal belongings of a resident must be returned to the resident when he or
she leaves the authorised boarding house.
23Protection of financial affairs of additional needs
residents
(1)
Each additional needs resident of an authorised
boarding house must be given support so that the resident has the opportunity
to independently operate his or her bank account and manage his or her
financial affairs.
(2)
In the event that an additional needs resident is
unable to operate his or her bank account or manage his or her financial
affairs, the resident must be given support in arranging for such assistance
as is required to operate the account or manage the affairs (including support
in making an application to the Civil and Administrative Tribunal for a
financial management order where necessary).
24Information about available support
services
(1)
An additional needs resident of an authorised
boarding house must be provided with information about support services,
financial services, legal services and advocacy services that are available to
them.
(2)
An additional needs resident who wishes to access
any such service must be assisted (and not obstructed in any way) in accessing
those services regardless of where those services are
available.
Note—
Section 77 of the Act makes it a condition of a
boarding house authorisation and a manager approval that the authorised
operator and approved manager of an authorised boarding house permit an
authorised service provider to enter, and confer with residents of, the
authorised boarding house in the manner authorised by or under that section.
An authorised service
provider is a person authorised by the Director-General
under that section to enter authorised boarding houses to provide (or provide
relevant information or advice about) support services, financial services,
legal services or advocacy services provided to residents by the person or the
organisation to which the person belongs.
25Personal relationships
(1)
An authorised boarding house must have reasonable
arrangements in place to assist additional needs residents to maintain
relationships with families and friends, (including arrangements to receive
visitors and make or take telephone calls in private at reasonable times)
having regard to the needs of other residents.
(2)
Friendships between additional needs residents of
the authorised boarding house must not be obstructed.
(3)
However, nothing in this clause prevents the
exclusion of any visitors (or the prohibition or discouragement of
friendships) in compliance with a direction from a person who has authority to
make such a direction or to protect the health or safety of a
resident.
26Recreation
An authorised boarding house must be equipped
with a balance of indoor and outdoor equipment (such as televisions, DVD
players, radios, books, games, outdoor seating and lounges) to meet the
recreational needs of the additional needs residents.
Part 4Health and wellbeing
Division 1Medication
27Application of Division
This Division applies to and in respect of the
administration, and supervision of the administration, of medications to
additional needs residents who are unable to administer medications to
themselves or who need supervision or assistance to administer
medications.
28Storage of medication of additional needs
residents
(1)
Any medication held at an authorised boarding
house on behalf of an additional needs resident must be kept in a lockable
storage facility that—
(a)
is secured to prevent access by an unauthorised
person, and
(b)
that is kept locked at all times when not in
immediate use.
(2)
When the storage facility is unlocked, the
medication must be kept under the direct supervision of an authorised staff
member.
(3)
Any medication kept in the facility must be
stored in sealed receptacles apart from any food present in the storage
facility.
(4)
Any medication required to be stored at or below
a particular temperature must be stored at the appropriate temperature in a
lockable storage facility in accordance with the requirements in subclauses
(1) and (2).
(5)
No alteration may be made to any label affixed to
a container of prescribed medication other than by the person who dispensed
the medication.
(6)
Adequate secure lockable storage for medication
must be provided for an additional needs resident who personally administers
the medication to himself or herself.
(7)
Prescribed medication for an additional needs
resident must not be kept at an authorised boarding house if—
(a)
the resident no longer resides there,
or
(b)
the expiry date for the medication has passed,
or
(c)
the resident, a person responsible for the
resident or the treating medical practitioner or nurse practitioner advised
that the resident no longer requires the
medication.
(8)
Any medication that is expired or no longer
required for administration must be destroyed in a manner that is not likely
to constitute a risk to the public, such as through the Return Unwanted
Medicines project available at community pharmacies.
(9)
A prescribed medication stored on behalf of an
additional needs resident must (unless destroyed under subclause (8)) be
returned to that resident when the resident leaves the authorised boarding
house.
29Distribution and administration of
medication
(1)
Medication distributed or administered at an
authorised boarding house to an additional needs resident must be distributed
or administered in accordance with the requirements of this
clause.
(2)
Prescribed medication administered by a staff
member must only be administered in accordance with the directions of the
person who prescribed it, regardless of the method or route of
administration.
(3)
Where prescribed medication is to be administered
to a resident when required according to the resident’s needs, written
directions of the following matters must be obtained from a medical
practitioner or nurse practitioner and kept with the resident’s health
records—
(a)
the circumstances under which the medication may
be given to the resident,
(b)
the procedure to be followed for administration
of the medication,
(c)
the circumstances under which a further dose may
be administered and the required interval between doses,
(d)
the maximum dose that may be
given,
(e)
the circumstances under which a medical
practitioner or nurse practitioner should be contacted in relation to the
administration of the medication.
(4)
Non-prescribed medication that is distributed by
the authorised boarding house must be distributed in accordance with the
product instructions unless advised otherwise by the treating medical
practitioner or nurse practitioner.
(5)
Before administering or supervising the
administration of medication to a resident, the staff member responsible for
giving the medication must confirm that the medication is being provided to
the correct resident, at the correct dose, by the correct route, at the
correct frequency and at the correct time.
(6)
A staff member administering prescribed
medication must consult with the treating medical practitioner or nurse
practitioner, or a pharmacist, in relation to any concern about the
appropriateness of a medication before administering the medication or
substance.
(7)
A staff member supervising the administration of
medication by a resident must hand the medication directly to the resident at
the appropriate administration time and observe the administration of it by
the resident.
(8)
A staff member who administers prescribed
medication must ensure any instructions for the administration of the
medication (such as “swallow whole”) are
followed.
(9)
A staff member who administers or supervises the
administration of prescribed medication to a resident must notify the treating
medical practitioner or nurse practitioner of—
(a)
any failure of administration, whether due to
refusal or otherwise, or
(b)
any error in medication
administration.
(10)
Nothing in this Division precludes a resident
from personally administering an injection of medication (including insulin)
to himself or herself. However, a staff member must not administer an
injection to a resident unless the staff member has been adequately trained to
complete that task.
(11)
If it is practicable to do so, staff members
should ensure that all prescribed medicines are repacked and labelled by a
registered pharmacist, medical practitioner or nurse practitioner into
individual doses in a dose administration aid such as a blister
pack.
(12)
If a resident is responsible for the
administration of prescribed medication to himself or herself—
(a)
in the case where there is reason to believe that
the resident has maladministered or failed to administer that
medication—reasonable steps must be taken to ensure that the health
practitioner who prescribed the medication is notified (and, if applicable,
any mental health or general emergency services), and
(b)
in the case where there is reason to believe that
the resident is failing to comply with recommendations or advice from the
medical practitioner or nurse practitioner who prescribed the
medication—reasonable steps must be taken to discuss the
matter—
(i)
with the resident or a person responsible for the
resident, and
(ii)
where appropriate, the practitioner who
prescribed the medication.
(13)
Arrangements must be made for all medications
required by a resident during the resident’s absence from the authorised
boarding house to be to be provided to the resident for administration during
the absence. No medication may be repacked by any person other than a
registered pharmacist, medical practitioner or nurse
practitioner.
Division 2Health monitoring
30Choice of and access to health care
providers
(1)
Additional needs residents of an authorised
boarding house must be offered the opportunity to select their own health care
providers and be provided with reasonable support to access those providers in
a timely way.
(2)
It is sufficient compliance with subclause (1)
if—
(a)
preferred health care providers are identified by
residents and included in each resident’s health records,
and
(b)
residents are assisted, as far as possible, with
making appointments and with transport arrangements to attend appointments
with health care providers, and
(c)
residents are encouraged to access health care
promptly if any sign of deterioration in their health status
appears.
31Assistance with health issues
The following requirements apply in relation to
the provision of assistance to additional needs residents of an authorised
boarding house—
(a)
in the case where an additional needs resident
suffers an injury or is ill while on the premises of the boarding
house—
(i)
immediate steps must be taken to administer any
necessary emergency first aid and, if the injury or illness requires urgent
medical or dental treatment, to secure that treatment, and
(ii)
the resident must be monitored on the premises
until the resident recovers or until a person responsible for the resident
takes charge of the resident,
(b)
in the case where any medication or medical,
hospital or dental treatment or ambulance services are obtained for the
resident—
(i)
a person responsible for the resident must be
notified as soon as practically possible of the injury or illness and the
treatment or services arranged for the resident, and
(ii)
relevant medical advice in relation to the
management of the injury or illness must be
followed,
Note—
See also section 83 of the Act (read with clause
26 of this Regulation), which requires the Director-General to also be
notified in the case of a serious accident.
(c)
in the case where any other matter concerning the
resident’s health arises while the resident is on the premises of the
boarding house (including a significant deterioration in the resident’s
health)—a person responsible for the resident must be given notice of
that matter as soon as practicable after the authorised operator becomes aware
of the matter.
Note—
It is also a condition of a boarding house
authorisation for the authorised operator to ensure that a policy dealing with
infectious diseases is developed, maintained and implemented. See clause 16 of
this Regulation.
Division 3Food
and nutrition
32Food and nutrition
(1)
This clause applies to and in respect of
additional needs residents who are unable to provide themselves with meals and
food that meet their dietary needs and daily
requirements.
(2)
Each additional needs resident of an authorised
boarding house must be provided with meals that take into account their
health, dietary needs and cultural, religious and dietary preferences, and a
menu plan that takes into account the following—
(a)
discussion of dietary needs and cultural,
religious and dietary preferences with each resident,
(b)
kitchen staff being informed of those preferences
and menus being planned that take these into
consideration,
(c)
the acquisition of food and supplies that reflect
the planned menu.
(3)
Each additional needs resident must be provided
with food that is adequate in quality, quantity, variety and nutritional value
to meet their daily and specific dietary requirements, and in accordance with
the following—
(a)
menus are planned with reference to published
dietary guidelines or, when necessary, the advice of a qualified dietician or
nutritionist,
(b)
menus are rotated regularly to ensure
variety,
(c)
residents have ready access at all times to
drinking water and other beverages and refreshments,
(d)
meals are provided at appropriate and acceptable
times.
Note—
See also the requirements of the Food Act 2003 (and the Food Safety
Standards within the meaning of that Act) concerning food preparation. Those
requirements apply in relation to authorised boarding houses. See section 6 of
the Act.
Division 4Safety
33Evacuation procedures
(1)
Additional needs residents of an authorised
boarding house must be informed of the evacuation procedures that are followed
by the boarding house.
(2)
Regular evacuation testing must be carried out
for an authorised boarding house every 6 months or more frequently if this is
required to manage risks effectively (taking into account the particular needs
of all the additional needs residents, the nature of the premises, the overall
number of occupants, staffing numbers and staff and resident
turnovers).
34First aid kits
(1)
An authorised boarding house must have a suitably
equipped and well stocked first aid kit of a kind approved by the
Director-General.
(2)
The first aid kit must be readily accessible to
residents and staff members.
(3)
Cardio-pulmonary resuscitation charts must be
displayed in a prominent position both inside and outside the premises of an
authorised boarding house.
sch 1: Am 2013 No
95, Sch 5.2.