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Changes to the law

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The information on this page applies to SDA providers. If you are an SDA resident, go to Changes to the law - information for residents.

The Disability and Social Services Regulation Amendment Act 2023 (the Amendment Act) makes changes to the Disability Act 2006, Residential Tenancies Act 1997, and other Acts to strengthen rights of people with disability in Victoria.

The Amendment Act became law on 23 May 2023 and changes to the Residential Tenancies Act started on 1 July 2024. From 1 July, the Residential Tenancies Act regulates all SDA agreements.

All SDA providers must follow the rules and duties in the Residential Tenancies Act.

What are the changes

The changes to the Residential Tenancies Act will:

  • change the meaning of ‘SDA provider’ to include more disability accommodation and support providers
  • change the meaning of ‘SDA resident’ to include more people with disability
  • create a new ‘SDA dwelling’ term to include more disability accommodation and support arrangements in Part 12A of the Residential Tenancies Act.

What the changes mean for people with disability

The changes to the Residential Tenancies Act will:

  • give more people with disability access to stronger residential rights and protections
  • offer people living in specialist disability accommodation a choice about the type of residential agreement
  • mean more people living in specialist disability accommodation can be visited by Community Visitors.

To learn more about how the changes affect your organisation, go to Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.

Key actions for SDA providers from 1 July

If you are an SDA provider prior to 1 July 2024, you may have to complete some key actions. Your key actions depend on the type of residential agreement you had in place on 1 July 2024.

Find out what your key actions are:

Dwelling Agreement in place as at 30 June 2024
 Key actions
 Additional information
SDA enrolled dwelling
Accommodation enrolled with the NDIS as SDA.		 SDA residency agreement

Understand and continue to comply with obligations under the Residential Tenancies Act 1997 (Residential Tenancies Act).

 
  • The key obligations of SDA providers providing an SDA enrolled dwelling to one or more SDA residents under an SDA residency agreement have not changed.
SDA enrolled dwelling
Accommodation enrolled with the NDIS as SDA.		 Residential rental agreement

Understand and comply with obligations under the Residential Tenancies Act.

  • Within six months from 1 July 2024:
    • give each SDA resident an information statement in the approved form; and
    • offer each SDA resident the choice to enter into or establish an SDA residency agreement with the SDA provider.•
  • If an SDA residency agreement is entered into or established:
    • notify Consumer Affairs Victoria in writing within 14 days; and
    • give a copy of the SDA residency agreement to the SDA resident and their guardian or administrator (as applicable).
 
  • It is an offence not to comply with these transitional obligations.
  • Section 498E of the Residential Tenancies Act includes obligations for SDA providers when giving information to an SDA resident.
  • If an SDA residency agreement is entered into or established, the existing residential rental agreement is taken to terminate immediately before the SDA residency agreement comes into operation.

 
SDA dwelling
Accommodation that will become an SDA dwelling from 1 July 2024 (other than an SDA enrolled dwelling).

Residential rental agreement

 
  • Understand and comply with obligations under the Residential Tenancies Act.
  • Within six months from 1 July 2024:
    • give each SDA resident an information statement in the approved form; and
    • offer each SDA resident the choice to enter into or establish an SDA residency agreement with the SDA provider.
  • If an SDA residency agreement is entered into or established:
    • notify Consumer Affairs Victoria in writing within 14 days; and
    • give a copy of the SDA residency agreement to the SDA resident and their guardian or administrator (as applicable).
 
  • It is an offence not to comply with these transitional obligations.
  • Section 498E of the Residential Tenancies Act includes obligations for SDA providers when giving information to an SDA resident.
  • If an SDA residency agreement is entered into or established, the existing residential rental agreement is taken to terminate immediately before the SDA residency agreement comes into operation.
Group home 
Accommodation operated as a residential service under the Disability Act 2006.
 Residential statement

Understand and comply with obligations under the Residential Tenancies Act.

  • Note that on and from 1 July 2024:
    • a group home that was operated as a residential service under the Disability Act will become an SDA dwelling
    • a resident of that group home will become an SDA resident
      the provider operating that group home will become an SDA provider
    • a residential statement given to a resident prior to 1 July 2024 will be deemed to be an SDA residency agreement
      the term of the deemed SDA residency agreement will be for the period of the residential statement
    • the rent and services components of the residential charge specified in the residential statement will be the rent and utilities charges, respectively, for the purposes of the deemed SDA residency agreement.
  • Within six months from 1 July 2024:
    • give each SDA resident an information statement in the approved form.
  • Prior to the end of the SDA residency agreement, and as soon as practical after providing the information statement, make all reasonable efforts to:
    • enter into or establish an SDA residency agreement with the SDA resident, or
    • enter into a residential rental agreement with the SDA resident.
  • If an SDA residency agreement is entered or established:
    • notify Consumer Affairs Victoria in writing within 14 days; and
    • give a copy of the SDA residency agreement to the SDA resident and their guardian or administrator (as applicable).
  • It is an offence not to comply with these transitional obligations.
  • From 1 July 2024, group homes will no longer be regulated as residential services under the Disability Act.
  • If a disability service provider operating a group home is not the owner or leaseholder of the group home, the owner or leaseholder of the group home immediately before 1 July 2024 is taken on and from 1 July 2024, to be an SDA provider until the provider enters into an SDA residency agreement or residential rental agreement.
  • Section 498E of the Residential Tenancies Act includes obligations for SDA providers when giving information to an SDA resident.

For more information on key actions required to be taken by SDA providers, go to Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.

For providers of group homes under the Disability Act, find out about your key actions.

There are 3 types of residential agreements available for SDA:

Information statements

Each type of agreement has a matching information statement that explains it and outlines the rights and responsibilities for both you and your resident.

You must give the resident an agreement and its matching information statement at the same time.

If you do not give a resident the required information statement, they may be able to end the agreement.

Download:

Easy Read

To download Easy Read versions of the agreements and information statements, go to Resources for SDA providers.

Support person

The resident may choose a support person to help them understand the agreement and their rights and responsibilities. A support person can be a family member, trusted friend, advocate, carer, guardian or a daily independent living support provider.

A daily independent living support provider supports SDA residents with daily tasks and helps them to develop skills to live as independently as possible.

For more information, go to What you need to know as a support person.

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