If the SDA has been re-gazetted by the DHHS, the rules and duties set out in the Disability Act 2006 still apply to existing residential statements.
Re-gazettal of SDA
In 2019, the laws covering SDA changed from the Disability Act 2006 to the Residential Tenancies Act 1997 (RTA). Some SDA homes and residences are still covered by the Disability Act 2006. This law is overseen by the Department of Health and Human Services (DHHS).
SDA homes and residences that did not transition to the RTA and are still under the Disability Act 2006 were ‘re-gazetted’. They were listed in the Victorian Government Gazette to make it clear that they are still covered by the Disability Act 2006. 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 the DHHS to make sure residents’ rights will be protected during the change over.
Existing residential statements for residents remain valid after 1 January 2020. Providers must comply with the rules and duties set out in the Disability Act 2006.
Ask the provider if the resident’s SDA has been re-gazetted.
Providers can contact the DHHS for more information about re-gazzetals.
Non-gazetted SDA
Providers and residents must do one of the following:
- enter into or establish an SDA residency agreement, or
- enter into a:
- Residential tenancy agreement for a short-term lease, or
- Residential tenancy agreement for a long-term lease.
The provider must also give the resident the information statement that matches the agreement. Either the:
- information statement for an SDA residency agreement, or
- information statement for a Residential tenancy agreement.
To download these documents, including Easy English versions, view Resources for support people.
Explain certain information
The provider must explain the following information to you and the resident. This can verbal or in writing:
- the information statement for an SDA residency agreement or
- the information statement for a Residential tenancy agreement (short-term or long-term lease)
- 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 VCAT.
Obligations of SDA providers
SDA providers are responsible for:
- setting and collecting rent
- fixing and maintaining the homes
- telling residents about any changes to the residency agreement
- addressing complaints about the SDA.
Providers have the same responsibilities as landlords in Victoria. For more information, view Renting.