In force2020 Revised Edition

Contents

Foreign Employee Dormitories Act 2015 · 2020 Revised Edition · Part 2 · Licensing of Foreign Employee Dormitory Operators

8. Application for licence to operate foreign employee dormitory

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(1)

An application for a licence is to be made to the Commissioner in such form and manner as the Commissioner may determine, and must be accompanied by an application fee (if prescribed).

(2)

An application for a licence to operate any boarding premises as a foreign employee dormitory must state —

(a)

the name and the residential or business address of each proprietor of the premises;

(b)

the name (if any) and the address of the premises;

(c)

the number of residents or prospective residents of the foreign employee dormitory who are foreign employees;

(d)

the total number of beds provided as sleeping accommodation for those residents or prospective residents;

(e)

whether the written permission or authorisation required by the Planning Act 1998 for the development of the premises has been granted or deemed granted;

(f)

the identity of and other particulars about the individual who is to be the manager of the foreign employee dormitory;

(g)

the prescribed particulars and information; and

(h)

any other particulars and information that the Commissioner may require in any particular case.

(3)

If the Commissioner receives an application for a licence for any boarding premises, the Commissioner may carry out, or arrange to be carried out by dormitory inspectors, any investigations and inquiries in relation to the application that the Commissioner considers necessary for a proper consideration of the application.

(4)

A dormitory inspector may, for the purpose of making an investigation or inquiry relating to an application for a licence to operate boarding premises as a foreign employee dormitory —

(a)

at any reasonable time;

(b)

after declaring his or her office and after producing his or her identification card on demand being made; and

(c)

with any assistants that may reasonably be required,enter those premises and exercise any powers mentioned in subsection (5).

(5)

The powers for the purposes of an investigation or inquiry under subsection (4) are —

(a)

to inspect the premises and any equipment, vehicle or other thing at the premises;

(b)

to photograph or film, or make audio recordings or make sketches of, any part of the premises or anything at the premises;

(c)

to inspect and make copies of, or take extracts from (without fee or reward) any document kept at the premises;

(d)

to take any document or any other thing at the premises; and

(e)

to ask any individual at the premises —

(i)

to answer a question to the best of that person’s knowledge, information and belief; or

(ii)

to take reasonable steps to provide information or produce a document.

(6)

A power under subsection (5)(a), (b), (c) or (d) is limited to a document or thing that is used or likely to be used in the management or operation of the premises as a foreign employee dormitory.

(7)

Without limiting subsection (5) —

(a)

a dormitory inspector exercising functions under that subsection may be accompanied by —

(i)

one or more police officers; or

(ii)

one or more medical practitioners who may inspect the premises and observe, examine and speak with any person apparently residing at the premises; and

(b)

a dormitory inspector, in exercising his or her power under subsection (5)(a), may also open any ground and remove any flooring and take any measures that may be necessary to ascertain the character and condition of the premises and of any pipe, sewer, drain, wire or fitting.

Terms defined in s 2

boarding premises
Defined · s 2
“boarding premises” means premises (or a complex of premises) that —(a)provide boarders or lodgers with a principal place of residence;(b)may have shared facilities (such as a communal living room, bathroom, laundry or kitchen) or services that are provided to boarders or lodgers, or both; and(c)have rooms (some or all of which may have private kitchen or bathroom facilities) that accommodate one or more boarders or lodgers;
Open s 2
Commissioner
Defined · s 2
“Commissioner” means the Commissioner for Foreign Employee Dormitories appointed under section 6(1), and includes any Deputy Commissioner for Foreign Employee Dormitories or Assistant Commissioner for Foreign Employee Dormitories delegated under section 6(5) to exercise the Commissioner’s powers or duties under this Act;
Open s 2
dormitory inspector
Defined · s 2
“dormitory inspector” means —(a)the Commissioner;(b)any Deputy Commissioner for Foreign Employee Dormitories and any Assistant Commissioner for Foreign Employee Dormitories; and(c)any individual appointed under section 6(3) and authorised under section 6(5) or any other provision in this Act to perform any duty or exercise any power under that provision;
Open s 2
foreign employee dormitory
Defined · s 2
“foreign employee dormitory” has the meaning given by section 3(1);
Open s 2
licence
Defined · s 2
“licence” means a licence granted under section 9(1)(a) authorising a person to operate the boarding premises specified in the licence as a foreign employee dormitory;
Open s 2
manager
Defined · s 2
“manager”, in relation to boarding premises or a foreign employee dormitory, means an individual who is responsible for the day‑to‑day control and supervision of the operations of the boarding premises or foreign employee dormitory;
Open s 2
operate
Defined · s 2
“operate”, in relation to any boarding premises, means managing and maintaining, in the course of a business, the boarding premises (whether self‑owned or under lease) as a foreign employee dormitory, for residents who may or may not be employees of the operator;
Open s 2
premises
Defined · s 2
“premises” means a building or structure (whether permanent or temporary) or part of such a building or structure, and includes any immediately adjoining space or land necessary for access to, or the enjoyment of residents of, the building or structure;
Open s 2
proprietor
Defined · s 2
“proprietor”, in relation to any premises that are leased or are subject to a tenancy or licence to occupy, includes the owner of the premises who is the lessor or grantor of the licence to occupy;
Open s 2

Report

Read on from s 9

Part 3

Appeals

Read on from Part 3

Part 4

Enforcement

Read on from Part 4

Part 5

Miscellaneous

Read on from Part 5