Obligations of SDA providers: What you need to do

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

Enter or establish an agreement

Before a resident moves into an SDA dwelling, you and your resident must:

enter into or establish a SDA residency agreement (Word, 143KB)

or, if your resident has chosen to, enter into a residential rental agreement:

enter into a:
- Residential rental agreement for a short-term lease (5 years or less) (Word, 1.5MB)
- Residential rental agreement for a long-term lease (5 or more years) (Word, 633KB).

You must also give the resident the matching information statement at least 7 days before forming an agreement:

If you don't give the resident 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 communication can be orally or in writing:

the relevant information statement
the agreement
any notice you give the resident (for example, a Notice of rent increase or a Breach of duty notice).
any order or direction from VCAT - if the resident is not represented.

You can use the Easy Read versions to help you explain agreements, information statements, and notices to the resident.

To download the Easy Read versions, go to 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, 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 daily independent living support 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
receive certain notices from your resident.

For more information, go to 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 changes to the residency agreement
addressing complaints about the SDA.

Registration

Registering as an SDA provider

Anyone who owns or manages an SDA can register with the National Disability Insurance Agency (NDIA) to be an SDA provider. This includes:

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

Registering SDA dwellings

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