What are my responsibilities?
As a support person, you can help the resident understand the agreement and information statement, and anything else about their residency. In some cases, you may also be the resident’s advocate, acting on their behalf and making sure that they are treated with dignity and respect.
To do this, you must understand the:
- agreement
- information statement
- resident’s and provider’s rights and responsibilities under Victorian renting laws.
For information about starting an SDA residency, go to What you need to know as a support person.
Responsibilities of providers and residents during a residency
The agreement and information statement explain what providers and residents can and cannot do.
During the residency, providers must:
- treat residents with dignity and respect
- protect residents’ privacy and comply with privacy laws about holding, using and sharing their personal and health information
- declare any conflicts of interest they may have, such as any affiliation with the resident’s daily independent living support provider or other services
- install things in the property that will help residents with their daily life, use and enjoyment of the property
- maintain the property in good repair, including anything they install. Providers of SDA enrolled accommodation must give the NDIS Quality and Safeguards Commission an annual declaration that they are meeting this requirement.
- make sure any repairs or renovations are done by qualified tradespeople, and any inconvenience to residents is minimised
- make sure the property is secure
- not unreasonably refuse to give a resident permission to keep a pet. They can refuse consent if:
- other residents living at the property refuse consent
- the pet would create a health and safety hazard at the property.
During the residency, residents must:
- pay the rent on time. Go to Paying rent in SDA
- pay the usage cost of utilities. Go to Rent, bond and other costs in SDA
- take care of the property and not damage it. If residents damage anything in the property, they must pay to fix it, unless the damage is due to:
- fair wear and tear
- any equipment they need for their disability
- an accident.
- get the provider’s written permission before installing anything that cannot be easily removed. Go to Renters making changes to the property.
- allow other residents living in the property to use it as their home
- allow the provider to enter their room or property when they are given written notice of entry. Go to Entry to your SDA room or property.
What happens if providers and residents do not do what they are supposed to?
If the provider or resident does not follow the agreement or rental laws, they can get a Breach of duty notice. Find more information:
House rules
The provider may have house rules for everyone living in the property. These rules are guidelines to help the residents live in the property peacefully. House rules may cover:
- the use of shared facilities, such as the living room, kitchen and bathroom
- the resident’s responsibility to keep the property clean.
These house rules should be attached to the agreement they give the resident.
The provider must explain the house rules to the resident in a way that they can understand. You can also help the resident understand the house rules.
Can the provider change the house rules?
Yes. If the provider changes or updates the house rules, they must:
- give you and the resident a copy of the updated house rules at least 14 days before they come into effect, and
- explain the updated rules to you and the resident.
House rules cannot take away the resident’s legal rights. If a rule is unreasonable or takes away the resident’s rights, speak to the provider. If this doesn’t work, the resident can apply to VCAT who will decide whether the rule is acceptable. You can help them with this process. For more information, visit VCAT.