If the SDA has been re-gazetted 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. Providers must comply with the rules and duties set out in the Disability Act 2006.
Providers can contact the DHHS for more information about re-gazzetals.
Providers and residents must do one of the following:
- enter into or establish an SDA residency agreement, or
- enter into a:
- Residential tenancy agreement for a short-term lease, or
- Residential tenancy agreement for a long-term lease.
The provider must also give the resident the information statement that matches the agreement. Either the:
- information statement for an SDA residency agreement, or
- information statement for a Residential tenancy agreement.
To download these documents, including Easy English versions, view Resources for support people.
Explain certain information
The provider must explain the following information to you and the resident. This can verbal or in writing:
- the information statement for an SDA residency agreement or
- the information statement for a Residential tenancy agreement (short-term or long-term lease)
- any notice you receive under Part 12A – for example, a Notice of rent increase or a Breach of duty notice
- any order or direction from VCAT.
Obligations of SDA providers
SDA providers are responsible for:
- setting and collecting rent
- fixing and maintaining the homes
- telling residents about any changes to the residency agreement
- addressing complaints about the SDA.
Providers have the same responsibilities as landlords in Victoria. For more information, view Renting.