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What is an exceptional agreement order?
This page is for SDA residents and support people. If you’re an SDA provider, read Exceptional agreement orders: information for providers.
The law says you and your SDA provider must have an SDA residency agreement before you move into the SDA. In some situations, that’s not possible. There is now a formal process that can help sort this out.
This process is called an exceptional agreement order.
An exceptional agreement order is made by VCAT, the Victorian Civil and Administrative Tribunal. VCAT is an independent body that helps resolve disputes and makes decisions about certain legal matters.
If you moved into your SDA home before your SDA residency agreement was made, an exceptional agreement order puts a valid SDA residency agreement in place.
Exceptional agreement orders only apply in limited situations. They do not remove any other requirements under the Residential Tenancies Act 1997.
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Why exceptional agreement orders have been introduced
Usually, an SDA residency agreement must be made before you move into an SDA home. This is an important protection for SDA residents and that rule has not changed.
However, there are some unusual situations where this may not happen.
For example:
- an SDA resident moves into SDA urgently because there is no other suitable accommodation available
- an SDA resident is already living in an SDA home and needs a new SDA residency agreement, because they move to a different room in the same home.
Previously, this could mean the agreement was not valid.
Exceptional agreement orders give VCAT a way to deal with these situations.
Who can apply for an exceptional agreement order
An application can be made by:
- you, as the SDA resident
- the SDA provider
- you as the SDA resident, and SDA provider together, with a family member, guardian or another person chosen by you
- another person, if VCAT gives permission.
You do not need to do anything straight away. If this situation applies to you, your support person or SDA provider may apply to VCAT.
How to apply for an exceptional agreement order
Applications are made through VCAT using the standard application form.
When VCAT may make an exceptional agreement order
VCAT may make an exceptional agreement order where:
- you have moved into an SDA home and need a new SDA residency agreement to be made, or
- your SDA residency agreement was made after you moved in.
VCAT will decide whether making the order is appropriate.
When making this decision, VCAT may consider:
- how the people involved have acted, including if they are being honest and fair
- whether making the order would negatively affect you or reduce your rights.
What happens after an order is made
If VCAT makes an exceptional agreement order, your SDA provider must explain the order to you in the way you are most likely to understand. If reasonable, this must be done both orally and in writing.
The SDA provider must also give you an approved information statement relating to your agreement within 7 days after VCAT makes the order.
All other requirements for making an SDA residency agreement still apply.
If this process applies to you, your provider should explain what happens next.
Support
You may already have a support person, such as a daily independent living support provider, guardian, carer, advocate, family member or friend.
Your support person can help you understand these changes to the law and your rights under your SDA residency agreement.
They can also help you talk to your provider or get more information. You or your support person can call the SDA Support Line on 1300 40 43 19.
If you want help from a support person but do not have one, your provider must help you find one. The support person must be independent and cannot work for your provider.
More information