In 2019, the laws regulating SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997. However, the Disability Act still covered some SDA homes and residences. This was a short-term arrangement, to make sure existing residential statements remained valid. It also protected residents’ rights 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 will become an ‘SDA dwelling’. They will transition to residential protections under the Residential Tenancies Act.
Providers of group homes transitioning 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 become 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’ part of the residential charge in the original residential statement will be the ‘rent’ and ‘utilities’ charges in the SDA residency agreement.
Within 6 months from 1 July 2024 your SDA provider must give you the Information Statement for SDA residents entering into or establishing an SDA residency.
Before your SDA residency agreement finishes, and as soon as possible after providing the information statement, your SDA provider must try to:
- enter into or establish an SDA residency agreement with you
- enter into a residential rental agreement with you.
If you enter into or establish an SDA residency agreement, your provider must:
- notify Consumer Affairs Victoria in writing within 14 days
- give a copy of the SDA residency agreement to you and your guardian or administrator (if you have one).
For more information on how these changes affect your accommodation, visit Changes to the Residential Tenancies Act – Department of Families, Fairness and Housing website.
For more information, go to Starting an agreement with your provider.