Specialist disability accommodation now part of Victorian renting laws
On 1 July 2019, the law changed and specialist disability accommodation (SDA) became part of Victoria’s rental laws. Consumer Affairs Victoria can give you information and advice about renting agreements in SDA.
Due to recent changes to the State legislation, Specialist Disability Accommodation (SDA) rental agreements in Victoria are now regulated by Consumer Affairs Victoria via the Residential Tenancies Act 1997(RTA). This affects Victorians who need SDA, residents already living in SDA, and SDA providers.
Residency agreements
By 1 January 2020, SDA residents and providers must:
- enter into or establish a Part 12A SDA Residency agreement, or
- enter into a Part 2 Residential tenancy agreement for a short-term lease (five years or less),or
- enter into a Part 2 Residential tenancy agreement for a long-term lease (more than five years).
Agreements and related information statements are available for download from Consumer Affairs Victoria. Easy English versions of the agreements will be available late-September.
Support people
The resident can ask their support person to help them understand the agreement, their rights and responsibilities. If the resident needs a support person but does not have one, the provider can appoint one on their behalf. This support person cannot work for the provider or be connected to their organisation.
Providers can also appoint an agent for themselves, to help them explain the agreement and information statement to the resident and their support person.
Existing residential statements
Current residential statements under the Disability Act 2006 remain in place until 31 December 2019 or until residents and providers enter into or establish a new agreement.
After this date, the rules and protections for SDA under the Disability Act 2006 will no longer apply.
Important:
- The NDIA requires providers to have a written agreement with their SDA resident. If they do not have a current agreement, they will be breaching this requirement and may not be eligible to receive SDA payments for that resident.
- Under these changes, SDA providers are required to contact residents to arrange new agreements and with your support, we would encourage Victorian SDA providers and residents to meet and discuss their new residential agreements as soon as possible.
- The NDIA is currently contacting Victorian SDA Providers to advise them of these responsibilities under these changes.
For more information, contact Consumer Affairs Victoria:
T: 1300 40 43 19
- Author:
- Consumer Affairs Victoria
- Date published:
- Mon 2nd Sep, 2019