Unless your specialist disability accommodation (SDA) has been re-gazetted by the Department of Health and Human Services, existing residential statements became void on 31 December 2019.
If your SDA has been re-gazetted, existing residential statements for residents living in the property remain valid.
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 tenancy agreement with your resident.
If the resident remains in an SDA without an SDA residency agreement or a Residential tenancy agreement, they are a ‘tenant at will’ – which means they are not subject to any 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.