4. Licensing of homes
Feedback & supportLast amended by an amending law of 2019.
Any person who carries on a home for the aged without being licensed under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 2 years or to both.
home for the aged
“home for the aged” means any establishment the object of which is, or is held out to be, the provision of residential accommodation with board and personal care for 5 or more old persons, whether able-bodied or disabled, but does not include —(a)premises which form part of any premises, including maternity homes, used or intended to be used solely for the reception, lodging and treatment and care of persons who require medical treatment or suffer from any disease;(b)premises used or intended to be used solely for the reception of, and the provision of nursing for, persons suffering or convalescing from any sickness, injury or infirmity;(c)premises used solely for the reception and care of dying or terminally ill persons; and(d)any other premises that may be prescribed;
An application for the issue of a licence must be in such form as may be approved by the Director‑General.
licence
“licence” means a licence issued under section 4 in respect of a home, and “licensed” and “licensee” have corresponding meanings;
Subject to the provisions of this section and section 5, the Director‑General must, on receipt of an application under subsection (2), issue a licence in respect of the home named in the application subject to any conditions that the Director‑General may think fit to impose.
Director‑General
“Director‑General” means the Director‑General of Social Welfare and includes any person who is authorised by the Director‑General to perform any of the duties or exercise any of the powers of the Director‑General under this Act or any of its regulations;
If any condition imposed by or under subsection (3) is not complied with, the person carrying on the home shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.