The information on this page applies to SDA providers. If you are a resident, view Responsibilities of residents.
On this page:
The agreement and information statement tell you what you need to do. They also explain what your resident can and cannot do. For more information, view Responsibilities of residents.
During the residency, you must:
- treat residents with dignity and respect
- protect their privacy and comply with privacy laws about holding, using and sharing their personal and health information
- declare any conflicts of interest you may have, such as an affiliation with the resident’s Supported Independent Living (SIL) provider or other services
- install things in the property if the resident needs them for their disability
- maintain the property in good repair, including anything you install. You must give the NDIS Quality and Safeguards Commission an annual declaration that you are meeting this requirement. For more information, visit NDIS.
- make sure any repairs or renovations are done by qualified tradespeople, and you minimise any inconvenience to the resident while these are carried out
- make sure the property is secure
- not unreasonably refuse to let the resident keep a pet. You can refuse if:
- other residents living at the property do not want a pet in the property, or
- the pet would create a health and safety hazard.
What happens if I do not do what I am supposed to?
If you do not follow the agreement or rental laws, your resident can give you a Breach of duty notice.
Breach of duty
What is a breach of duty?
A breach of duty is when you do not:
- carry out your responsibilities
- follow the agreement, or
- follow rental laws.
If this happens, your resident can give you a Breach of duty notice. This notice explains:
- the issue or 'breach' and
- that you have 14 days to either fix the issue or pay compensation.
To see what this notice looks like, download the:
When can I get a breach of duty notice from a resident?
You can get a breach of duty notice if:
- you do not treat them with dignity and respect
- you do not install things they need to help with their disability
- you do not give them privacy
- the property is not maintained
- the property is not secure
- you do not try to reduce their inconvenience or disruption from repairs or renovations
- renovations take too long or are not done by qualified tradespeople
- you unreasonably refuse to let them keep a pet.
What happens if I do not do what the notice says?
If you do not fix the breach within 14 days, the resident can apply to VCAT for a hearing. VCAT may:
- give you an order to fix the issue or pay compensation, or
- decide there was no breach, and the resident should not have given you the notice.
A VCAT order is legally binding. This means you must do what it says.
Can I give my resident a breach of duty notice?
Yes, you can give your resident a breach of duty notice if they:
- create a fire, health or safety hazard in the property
- damage or destroy any part of the property, except if the damage was caused by:
- fair wear and tear
- any equipment they need for their disability
- damage the property and do not pay for repairs
- do not pay rent
- install something in the property without your written permission
- keep a pet without your written permission
- do not let you enter the property. For more information, view Entry to your room or property.
You must use our Breach of duty notice to SDA resident (Word, 678KB). To explain what this notice is to your resident, use our Easy English versions of the Breach of duty notice to SDA resident (Word, 35KB) or (PDF, 3.9MB).
They must fix the breach or pay you compensation within 14 days. If they do not do this, you can apply to VCAT for a hearing.
You may have house rules for everyone living in the property. These house rules should be attached to the agreement you give the resident.
You must explain the house rules to your residents, or their support person, in a way that they can understand.
If you change or update the house rules, you must:
- give the resident and their support person (if they have one) a copy of the updated house rules at least 14 days before they come into effect, and
- explain the updated rules to them in a way they can understand.
House rules cannot take away any of the resident’s legal rights.