There are two types of residency agreements that apply to specialist disability accommodation.
SDA residents (residents) and SDA providers (providers) can:
- enter into or establish a Part 12A SDA residency agreement, or
- enter into a Part 2 Residential tenancy agreement.
Both agreements have accompanying information statements. Information statements summarise residents’ rights and responsibilities for the related agreement.
What providers must do
SDA providers must give residents:
- the related information statement seven days before entering into an agreement, and
- a copy of the agreement.
We will provide Easy English versions of the agreements and information statements.
What to do before entering into an agreement
Before entering into either type of agreement, the SDA provider must explain the agreement and its information statement to the resident. The agreement and information statement must be explained in a way that the resident can understand. The provider can do this verbally or in writing.
The SDA resident can ask for someone to support them when the provider explains the agreement and information statement. They can choose anyone to support them – a family member, carer, guardian or an advocate.
The provider can choose a support person for the resident if the resident has not chosen one. The provider must also give a copy of the agreement and information statement to:
- the resident’s guardian or administrator (if there is one), and
- the support person, if it would help the resident.
Use standard form for written agreements
All written agreements must be in the related standard form prepared under the Residential Tenancies Act 1997 (the Act).
What providers must not do
SDA providers may be committing an offence under the Act if they:
- do not use the standard form to prepare a written agreement
- misrepresent how the Act applies to residents
- misrepresent either their rights or responsibilities or those of the residents
- threaten or intimidate residents to discourage them from:
- exercising their rights, or
- following through with proceedings that will enforce their rights.
Regulations specific to SDA residency agreements (Part 12A)
Providers must notify us within 14 days of entering into or establishing an SDA residency agreement.