If you live in a re-gazetted SDA and have a residential statement, your rights remain protected under the Disability Act 2006.
'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.
If you live in a home that has been re-gazetted and have a residential statement, it remains valid after 1 January 2020. Your rights continue to be protected under the Disability Act.
If your SDA has not been re-gazetted, you and your provider must start a new residential agreement.
You can ask your provider to tell you if your SDA has been re-gazetted.
There are three different types of rental agreements for SDA. You and your SDA provider must:
There are two information statements:
- one for the SDA residency agreement, and
- one for the Residential rental agreements (short-term and long-term).
The information statement explains what is in the agreement. It also explains your rights and what you have to do during the residency. Your SDA provider must give you the information statement at least seven days before you enter into the agreement. They must also explain the information statement to you.
If your SDA provider does not give you the required information statement, you may be able to end the agreement.
Easy English resources
To download Easy English versions of these agreements and information statements, view Resources for SDA residents.
You may already have a support person, such as a guardian, carer, advocate, family member or friend. Your support person can help you understand the agreement and explain your rights. If you need a support person but do not have one, your provider can find one for you. This support person cannot work for your provider.
You can also find a support person, such as a Supported Independent Living (SIL) provider. SIL providers can help you with daily tasks. For more information, visit Find a registered provider - NDIS.