Important changes - ‘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 Families, Fairness and Housing (DFFH).
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 DFFH to make sure residents’ rights will be protected during the change over.
If you live in a home that has been re-gazetted and have a residential statement, the statement remains valid. Your rights are protected under the Disability Act 2006.
You can ask your provider to tell you if your SDA has been re-gazetted.
What providers must do if the SDA has not been re-gazetted
They must:
1. give you one of the following agreements:
2. give you the information statement that matches your agreement:
You must get the agreement and information statement at least seven days before you enter into or establish the agreement. If your SDA provider doesn't give you the required information sheet, you may be able to end the agreement.
3. explain the agreement and information statement to you in a way that you can easily understand. This can be verbal or in writing. If you have a support person, they can also help you understand the information.
4. enter into or establish the agreement with you seven days after you got the agreement and information statement. For more information, view Starting an agreement with your provider.
Things to remember
Your provider must use the agreements from our website. They cannot create their own agreement, but they can include extra terms. These extra terms cannot take away any of your rights under the law.
Your provider must give you a copy of your signed agreement before you move in.
If you have an SDA residency agreement, you do not have to pay more than 30 days' rent in advance and you do not pay a bond.
You can pay rent using a method that does not have extra fees. You can use Centrepay.
You are allowed to inspect an SDA free of charge before starting an agreement.