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 for people with disability in Victoria.
The Amendment Act became law on Tuesday 23 May 2023.
Changes to the Residential Tenancies Act started on 1 July 2024. The Residential Tenancies Act now covers all SDA agreements, and your SDA provider must follow the rules 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 RTA.
What the changes mean for people with disability
The changes to the Residential Tenancies Act will:
- give more people with disability more 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 accommodation, visit Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.
Key actions for your SDA provider
As of 1 July 2024, if you do not already have an SDA residency agreement that is registered with Consumer Affairs Victoria, your SDA provider may have to complete some key actions.
The provider's key actions depend on the type of residential agreement in place on 1 July 2024.
Different types of agreements for SDA
There are three different types of rental agreements for SDA:
Information statements
There are 2 information statements:
- one for the SDA residency agreement, and
- one for the Residential rental agreements (short-term and long-term).
The information statement explains what is in the agreement. It also explains your rights and what you have to do during the residency. Your SDA provider must give you the information statement at least seven days before you enter into the agreement. They must also explain the information statement to you.
If your SDA provider does not give you the required information statement, you may be able to end the agreement.
Download:
Easy Read resources
To download Easy Read versions of these agreements and information statements, go to Resources for SDA residents.
Your support person can help you understand the changes
You may already have a support person, such as a daily independent living support provider, guardian, carer, advocate, family member or friend. Your support person can help you understand these changes to the law and explain your rights under your SDA agreement.
If you need a support person but do not have one, your provider can find one for you. This support person cannot work for your provider.