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, the statement remains valid. Your residential rights are protected under the Disability Act 2006.
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.
SDA that has not been re-gazetted
Your provider must do one of the following:
- enter into or establish an SDA residency agreement with you, or
- enter into a:
- Residential rental agreement for a short-term lease with you, or
- Residential rental agreement for a long-term lease with you.
Your provider must also give you the information statement that matches your agreement. Either the:
- information statement for an SDA residency agreement, or
- information statement for a Residential rental agreement.
To download these documents, including Easy English versions, view Resources for residents.
Explain certain information
Your provider must explain the following information to you in a way you can understand:
- the information statement for an SDA residency agreement or
- the information statement for a Residential rental agreement (short-term or long-term)
- any notice you receive under Part 12A – for example, a Notice of rent increase or a Breach of duty notice
- any order or direction from the Victorian Civil and Administrative Tribunal (VCAT).
This explanation can be verbal or in writing.
Appoint a support person
Your provider must ask someone to support you if:
- you do not have a support person, and
- your disability makes it difficult to understand the agreement or information statement.
This support person cannot work for your provider.
- collects your rent
- fixes any issues in your housing
- tells you about any changes to your agreement
- handles any complaints you have about your housing.
Your provider has the same responsibilities as rental providers in Victoria. For more information, view Renting.