These relevant standards enforceable by orders are contained in Schedule 2 of the Local Government (General) Regulation 2005 and apply to places of shared accommodation that are general boarding houses within the meaning of the Boarding Houses Act 2012.
1 Maximum number of boarders and lodgers
(1) The number of occupants must not exceed the maximum number of persons determined by the council to be accommodated in each bedroom or dormitory and in the whole premises.
(2) The maximum number of persons accommodated in a bedroom, or in a cubicle of a dormitory, must not exceed the number determined by allowing a minimum floor area within the bedroom or cubicle in accordance with the relevant provisions under the Public Health Act 1991 for each person.
(1) A sign indicating the permissible maximum length of time during which a person may board or lodge in the premises must be conspicuously displayed to public view outside the premises.
(2) A schedule showing the numeral designating each bedroom and dormitory and the number of persons permitted to be accommodated in each must be conspicuously displayed on the premises.
(3) Each bedroom must be numbered in accordance with the schedule and there must be displayed clearly on the door of or in each bedroom the maximum number of persons allowed to be accommodated in the bedroom.
3 Light and ventilation
(1) Adequate light and ventilation must be maintained in the premises.
(2) All partitions forming cubicles in a dormitory must be adequately constructed and provide adequate ventilation.
4 Kitchen facilities
(1) Any kitchen facilities and utensils for the storage or preparation of food must be kept in a clean and healthy condition, in good repair, free from foul odours and, as far as practicable, free from dust, flies, insects and vermin.
(2) The floor of any kitchen must have an approved impervious surface.
5 General cleanliness
(1) All parts of the premises and all appurtenances (including furniture, fittings, bedsteads, beds and bed linen) must be kept in a clean and healthy condition, and free from vermin.
(2) Pans, receptacles or other waste storage devices must be kept covered and all waste must be deposited in appropriate pans, receptacles or other waste storage devices.
6 Furniture and fittings
Appropriate furniture and fittings must be provided and maintained in good repair.
7 Long term residences
If the place is one in which persons may board or lodge for 7 days or longer, an adequate number of beds (each provided with a mattress and pillow and an adequate supply of clean blankets or equivalent bed clothing), adequate storage space and blinds, curtains or similar devices to screen bedroom and dormitory windows for privacy must be provided for the occupants.
These regulations are contained in Part 5 of the Public Health (General) Regulation 2002 and apply to all occupants of the premises.
An occupier of premises must take reasonable measures to keep the premises free from fleas, other disease-carrying insects, rats and mice.
22 Sleeping rooms
(1) The occupier of premises must not allow any room or cubicle within 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 under subclause (2) and complies with any conditions attached to the exemption, or
(c) the premises are private domestic premises.
(2) The Minister may, by order in writing, exempt an occupier in relation to any room or cubicle from the requirements of subclause (1), either conditionally or unconditionally, if satisfied that the exemption will not result in any adverse effect on the health of persons sleeping in the room or cubicle.
(3) In this clause, a reference to long-term sleeping accommodation is a reference to accommodation that is in fact provided to the same person or persons for a period of more than 28 consecutive days, or that is the subject of an agreement for its provision to the same person or persons for a period of more than 28 consecutive days.
To deal with the public health risk of COVID-19 and its possible consequences, the Minister for Health and Medical Research has made a number of orders under Section 7 of the Public Health Act 2010 and amended frequently. Order 5 requires self-isolation of persons diagnosed with COVID-19 and persons identified as close contacts of cases while Division 2 of Order 7 contains directions on gatherings and the number of persons allowed on residential premises.
17 Directions of Minister about number of persons allowed on residential premises
(1) The Minister directs that each adult member of a household must not allow more than 50 visitors to be at the place of residence of the household at any one time.
(2) The Minister directs that a visitor to a place of residence must not participate in a gathering at the residence consisting of more than 50 visitors.
The Uncollected Goods Act 1995 is available to management for the disposal of uncollected goods reasonably believed abandoned or left behind after vacant possession is obtained or a room abandoned by an occupant. Part 3 applies to the disposal of uncollected goods after due notice.
20 Low value uncollected goods
(1) This section applies to uncollected goods with a value of less than $1,000 (low value uncollected goods).
(2) A receiver may dispose of low value uncollected goods in an appropriate manner if the depositor –
(a) has been given oral or written notice of the receiver’s intention to dispose of the goods, and
(b) has been given at least 14 days, from the date when notice was given, within which to collect the goods.
(3) The receiver may move or store low value uncollected goods in an appropriate manner.
21 Medium value uncollected goods
(1) This section applies to uncollected goods with a value equal to or more than $1,000 but less than $20,000 (medium value uncollected goods).
(2) A receiver may dispose of medium value uncollected goods by way of public auction or by private sale for a fair value if the depositor –
(a) has been given written notice of the receiver’s intention to dispose of the goods, and
(b) has been given at least 28 days, from the date when notice was given, within which to collect the goods.
(3) The receiver may move or store medium value uncollected goods in an appropriate manner.
22 High value uncollected goods
(1) This section applies to uncollected goods with a value of at least $20,000 (high value uncollected goods).
(2) A receiver must not dispose of high value uncollected goods otherwise than in accordance with an order of the Tribunal.
(3) A receiver may apply to the Tribunal for an order specifying the way in which the uncollected goods are to be disposed of.
(4) The receiver may move or store high value uncollected goods in an appropriate manner.
22A Personal documents
(1) This section applies to personal documents that are uncollected goods.
(2) A receiver may dispose of personal documents if the depositor
(a) has been given written notice of the receiver’s intention to dispose of the documents, and
(b) has been given at least 28 days, from the date when notice was given, within which to collect the documents.
(3) Personal documents must be disposed of by way of a secure destruction method or by returning the documents to their author.
(4) In this section - personal document means -
(a) birth certificate, passport or other identity document, or
(b) bank books, other financial statements or documents, or
(c) photographs and other personal memorabilia, or
(d) licences or other documents conferring authorities, rights or qualifications, or
(e) any other record, or class of record, prescribed by the regulations for the purposes of this definition.
24 Perishable goods and rubbish
(1) Nothing in this Part prevents a receiver from disposing of rubbish or perishable uncollected goods.
(1A) A receiver is not required to give a depositor notice of the receiver’s intention to dispose of the goods.
(2) Goods may be disposed of under this section in such manner as the receiver considers appropriate.
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