Assisted Boarding Houses

The Ombudsman is the independent and impartial watchdog for community services. Under the Community Services (Complaints, Reviews and Monitoring) Act 1993, the Ombudsman handles and resolves complaints; monitors and reviews the delivery of community services; and promotes and protects the rights and best interests of consumers of these services. Assisted Boarding Houses come within the jurisdiction of the Ombudsman.

What are Assisted Boarding Houses?

Under the Boarding Houses Act 2012, all boarding houses must be registered with NSW Fair Trading. Boarding houses that have two or more ‘persons with additional needs’ must also be authorised and licensed by the Department of Family and Community Services (FACS), and are known as Assisted Boarding Houses.

A person with additional needs’ is someone:

• with a permanent disability, mental illness or aged related frailty, and
• who requires support with their daily tasks and personal care, such as showering, meals, and taking their medication.

To ensure that residents with additional needs receive an appropriate standard of care and support, the Boarding Houses Regulation 2013 places additional obligations on Assisted Boarding Houses, including requirements relating to minimum staffing levels, employment screening, handling complaints, food and nutrition, and reporting serious accidents and incidents.

What is the Ombudsman’s role in relation to Assisted Boarding Houses?

1. Handling complaints

Anyone can make a complaint to the Ombudsman about an Assisted Boarding House, and can receive support to make a complaint where necessary. The Ombudsman will deal with each complaint objectively and with a strong emphasis on local resolution, wherever possible.

We can also take complaints about the conduct of FACS  in relation to Assisted Boarding Houses.

What does this mean for managers of Assisted Boarding Houses?

Managers will be advised of the complaint, and of the procedure to be followed, and will have an opportunity to give their views. Managers may be required to provide the Ombudsman with information about complaint records or reportable incidents involving residents.

2. Reviewing the situation of Assisted Boarding House residents

The Ombudsman can review the situation of a person (or group of people) in care, including residents of Assisted Boarding Houses. In carrying out a review, the Ombudsman looks at the person’s welfare, status, progress and circumstances. The Ombudsman reports  the outcome of the review to the relevant Minister, the manager of the Assisted Boarding House, and other appropriate people, including any recommendations to improve the welfare and interests of the resident(s).

What does this mean for managers of Assisted Boarding Houses?

Managers will need to provide the Ombudsman with relevant documentation to assist the review.

3. Monitoring and oversight

The Ombudsman monitors the delivery of services and support in Assisted Boarding Houses, and identifies systemic issues affecting people living in these facilities. We look at the actions of FACS in relation to Assisted Boarding Houses, including how FACS monitors these facilities to ensure their compliance with requirements and the provision of appropriate support to residents.

What does this mean for managers of Assisted Boarding Houses?

Managers may be asked to provide the Ombudsman with relevant information and documentation as required for the purpose of the monitoring activity.

Contact us for more information

Level 24,
580 George Street
Sydney NSW 2000
Toll free (outside Sydney metro) 1800 451 524 
Email info@ombo.nsw.gov.au



National Relay Service 133 677
Telephone Interpreter Service (TIS) 131 450
We can arrange an interpreter through TIS or you can contact TIS yourself before speaking to us.

© State of New South Wales, July 2018
This publication is released under a Creative Commons license CC BY 4.0.