This information on this page applies to SDA providers. If you are a resident, view Starting an agreement with your provider.
You can enter into or establish an agreement with a resident depending on their disability.
Entering into an SDA residency agreement
You enter into an SDA residency agreement if the resident understands the information statement and can sign the agreement.
Follow these steps:
- Give a copy of the SDA residency agreement and information statement to the resident and their support person. (If the resident does not have a support person but needs one, you can choose one for them. This person cannot work for you or be connected to your organisation.)
- Explain the information statement to the resident and their support person.
- Sign the agreement with the resident. There must be at least seven days between when you gave the resident the agreement and when you both sign it.
Establishing an SDA residency agreement
An SDA residency agreement can be established if the resident does not have the physical or cognitive ability to sign the agreement.
Follow these steps:
- Give a copy of the SDA residency agreement and information statement to the resident’s support person. (If the resident does not have a support person but needs one, you can choose one for them. This person cannot work for you or be connected to your organisation.)
- Explain the information statement to the resident’s support person, who must then explain it to the resident.
- Sign the SDA residency agreement. The resident does not need to sign it. There must be at least seven days between when you gave the agreement to the resident's support person, and when you sign it.
Entering into a residential rental agreement (short-term or long-term)
This is the same process as a standard rental agreement. The resident must be able to understand the agreement and sign it.
For more information, view Residential rental agreements.
Follow these steps:
- Give the resident and their support person a copy of the residential rental agreement and its information statement.
- Explain the information statement.
- Sign the agreement with the resident. There must be at least seven days between when you gave the resident the agreement and when you both sign it.
- Give the resident and their support person a copy of the signed agreement within 14 days of signing.
- Give the resident with a copy of our Renters guide on or before the day they move into the home. This guide has detailed information on renting rights and responsibilities at the beginning, middle and end of a rental agreement.
Additional terms
You must use the residential agreements available on our website. To download the agreements, view Resources for providers.
You cannot create your own residential agreement, but you can include additional terms as long as these terms do not take away any of the resident’s rights under the law. If it does, then the term is invalid. Residents can apply to the VCAT if they believe an additional term in their agreement is harsh or unconscionable.
If you do not give a resident who has signed an agreement the required information statement, they can end the agreement.