‘Re-gazettal’ of SDA
In 2019, the laws covering SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997 (RTA). However, some SDA homes and residences are still covered by the Disability Act. This law is overseen by the Department of Health and Human Services (DHHS).
The SDA homes and residences which did not transition to the RTA and are still under the Disability Act were ‘re-gazetted’. This means they were listed in the Victorian Government Gazette to make it clear that they are still covered by the Disability Act. The gazette is an official publication that tells people about government decisions.
This is a short-term arrangement until providers and residents are ready to transition to the RTA, and allows the DHHS to make sure residents’ rights will be protected during the change over.
If your SDA has been re-gazetted, existing residential statements for residents living in the property remain valid.
If your SDA has not been re-gazetted by the Department of Health and Human Services, existing residential statements became void on 31 December 2019.
For more information, see Re-gazettal of SDA on Obligations of SDA providers - what you need to do.
If your SDA has not been re-gazetted, the rules and protections under the Disability Act 2006 do not apply after 1 January 2020. You must enter into or establish an SDA residency agreement or a Residential rental agreement with your resident.
If the resident remains in an SDA without an SDA residency agreement or a Residential rental agreement, they are a ‘tenant at will’ – which means they are not subject to any rental agreement, lease or contract and will not be protected under any written law.
The National Disability Insurance Agency (NDIA) requires you to have a written agreement with an SDA resident. If you do not have one, you are breaching this requirement and may not be eligible to receive SDA payments for that resident.