Obligations of SDA providers - what you need to do

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

'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 Health and Human Services (DHHS).

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 DHHS to make sure residents' rights will be protected during the change-over.

For more information, contact DHHS.

SDA covered by the Residential Tenancies Act

If your SDA has not been 're-gazetted', you must comply with the rules and duties in the RTA.

You and your resident must:

enter into or establish a SDA residency agreement (Word, 143KB), or
enter into a:
- Residential tenancy agreement for a short-term lease (five years or less) (Word, 1.5MB), or
- Residential tenancy agreement for a long-term lease (five or more years) (Word, 633KB).

You must also give your resident the matching information statement:

If you do not give a resident who has signed an agreement the required information statement, they may be able to end the agreement.

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:

the relevant information statement
any notice you give the resident. To see these notices, view:
- Notices during an SDA residency
- Notices to end an SDA residency
any order or direction from VCAT - if the resident is not represented.

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, or their rights and responsibilities.

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 rental 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 rental provider. 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 rental provider (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.