In 2019 the laws regulating SDA changed from the Disability Act 2006 (Disability Act) to the Residential Tenancies Act 1997 (Residential Tenancies Act). However, the Disability Act still covered some SDA homes and residences. This was a short-term arrangement to ensure existing residential statements remained valid and residents’ rights were protected during the change-over.
These short-term arrangements have now finished. From 1 July 2024, group homes operating under the Disability Act as residential services are deemed to be an ‘SDA dwelling’ and have residential protections under the Residential Tenancies Act.
Providers of group homes that will transition to the Residential Tenancies Act will have new obligations from 1 July 2024.
For group homes that transitioned to the Residential Tenancies Act on 1 July 2024:
- a group home will become an SDA dwelling
- a resident will become an SDA resident
- the provider of a group home will become an SDA provider
- an existing residential statement will be an SDA residency agreement
- the term of the SDA residency agreement will be for the period of the original residential statement
- the ‘rent’ and ‘services’ components of the residential charge specified in the original residential statement will be the ‘rent’ and ‘utilities’ charges in the SDA residency agreement.
Within 6 months from 1 July 2024, you must give each SDA resident the Information Statement SDA residents entering into or establishing an SDA residency.
Before the SDA residency agreement ends, and as soon as practical after providing the information statement, you must make all reasonable efforts to:
- enter into or establish an SDA residency agreement with the SDA resident
- enter into a residential rental agreement with the SDA resident.
If you enter into or establish an SDA residency agreement, you must:
- notify Consumer Affairs Victoria in writing within 14 days
- give a copy of the SDA residency agreement to the SDA resident and their guardian or administrator (as applicable).
For more information on how these changes affect you, visit Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.