Obligations of SDA providers - what you need to do

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The information on this page applies to SDA providers. If you are an SDA resident, view What you and your provider need to do.

If your SDA has been regazetted by the DHHS, the rules and duties set out in the Disability Act 2006 still apply to existing residential statements.

Re-gazettal of SDA

To ensure SDA residents’ rights remain protected, the Department of Health and Human Services (DHHS) sought re-gazettal under the Disability Act 2006 of Victorian group homes from 1 January 2020.

This short-term arrangement means existing residential statements for residents remain valid after 1 January 2020. You still must comply with the rules and duties set out in the Disability Act 2006.

Contact the DHHS for more information about re-gazettals.

Non-gazetted SDA

You and your resident must:

You must also give your resident the matching information statement:

Explain certain information

You must explain the following to the resident in a way they can easily understand. This can be verbal or in writing:

Easy English versions 

You can also give the resident Easy English versions of the agreements and information statements to help you explain them to the resident.

To download the Easy English versions, view Resources for SDA providers.

Appointing a support person

You must ask someone to support the resident if:

  • the resident does not have a support person, and
  • their disability prevents them from understanding the agreement or information statement.

This support person cannot work for you or be connected to your organisation.

For example, you could ask a Supported Independent Living (SIL) provider to help the resident. For more information, visit NDIS.

You can also appoint an agent to help you explain the agreement and information statement.

Notifying us of SDA residency agreements and other notices

You must notify us when you:

  • enter into or establish an SDA residency agreement. You do not need to notify us if you and the resident sign a Residential tenancy agreement
  • give your resident certain notices.

For more information, view Notifying us of SDA agreements and notices.

Your obligations under rental laws

You are responsible for:

  • setting and collecting rent
  • fixing and maintaining the SDA
  • telling residents about any changes to the residency agreement
  • addressing complaints about the SDA.

Under Victorian rental laws, you have the same obligations and rights as a landlord. For more information, view Renting.

Registration

Registering as an SDA provider 

Anyone who owns or manages an SDA can register with the NDIS to be an SDA provider. This includes:

  • private landlords
  • people with a disability
  • family members of people with a disability
  • organisations (not-for-profit or for-profit).

Registering SDA dwellings

You must enrol your SDA with the NDIS. The SDA must meet NDIS requirements, which include strict rules about the construction date and design of the property. For more information, visit NDIS.