Changes to the law

Skip listen and sharing tools

The information on this page applies to SDA providers. If you are an SDA resident, view Changes to the law - information for residents.

In July 2019, the law changed and specialist disability accommodation (SDA) became part of the Residential Tenancies Act 1997. We now regulate SDA under Victorian renting laws. The National Disability Insurance Scheme (NDIS) funds SDA.

This will affect:

Residential agreements

Re-gazetted SDA residences

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 are still under the Disability Act are described as '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 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 remain valid after 1 January 2020. You must still comply with the rules and duties set out in the Disability Act.

For more information, see Re-gazettal of SDA on Obligations of SDA providers - what you need to do.

Non-gazetted SDA

There are three types of residency agreements available for SDA.

You and the resident must do one of the following:

Information statements

Each type of agreement has a matching information statement that explains it and outlines both your and the resident’s rights and responsibilities.

You must give the resident an agreement and its information statement at the same time. If you do not give a resident who has signed a residential rental agreement the required information statement, they may be able to end the agreement.

Download the:

Easy English

To download Easy English versions of the agreements and information statements, view Resources for SDA providers.

Support person

The resident may choose a support person to help them understand the agreement and their rights and responsibilities. A support person can be a family member, trusted friend, advocate, carer, guardian or Supported Independent Living (SIL) provider. For more information, view What you need to know as a support person.

A SIL provider supports SDA residents with daily tasks and helps them to develop skills to live as independently as possible. For more information, visit NDIS.