In this Part—
carer has the same meaning as in the Carers Recognition Act 2012;community visitor has the same meaning as in the Disability Act 2006;CoS supported accommodation client means an older person—
(a) who is receiving continuity of supports under the Commonwealth Continuity of Support Programme in respect of specialist disability services for older people; and (b) who is not an NDIS participant;
NDIA means the National Disability Insurance Scheme Launch Transition Agency established under the National Disability Insurance Scheme Act 2013 of the Commonwealth;NDIS means the National Disability Insurance Scheme within the meaning of the National Disability Insurance Scheme Act 2013 of the Commonwealth;
NDIS behaviour support plan has the same meaning as in the Disability Act 2006;NDIS participant means a person who is a participant in the NDIS;NDIS Quality and Safeguards Commission means the NDIS Quality and Safeguards Commission established under section 181A of the National Disability Insurance Scheme Act 2013 of the Commonwealth;
registered NDIS provider has the same meaning as in the National Disability Insurance Scheme Act 2013 of the Commonwealth;rent means an amount paid to an SDA provider by an SDA resident to occupy an SDA enrolled dwelling and use facilities and services;SDA enrolled dwelling has the same meaning as it has in section 3(1);
SDA provider means a person—
(a) who is a registered NDIS provider that provides specialist disability accommodation; and (b) who is the owner or leaseholder of an SDA enrolled dwelling;
SDA recipient means an NDIS participant who is funded to reside in an SDA enrolled dwelling;SDA residency agreement means an agreement entered into or established under section 498F between an SDA provider and an SDA resident in respect of an SDA enrolled dwelling;SDA resident means—
(a) a person who is an SDA recipient; or (b) a person who is a CoS supported accommodation client;
SDA resident's administrator means the SDA resident's attorney appointed under an enduring power of attorney under the Powers of Attorney Act 2014 to administer the SDA resident's property or a person appointed by a court or tribunal as the administrator of the SDA resident's property;SDA resident's guardian means a resident's guardian within the meaning of the Disability Act 2006;Senior Practitioner has the same meaning as in the Disability Act 2006;
standard form means the form prescribed for the purposes of section 498I;
Supported Independent Living provider means a registered NDIS provider that provides supported independent living assistance;support plan means an SDA resident's plan that is in effect under section 37 of the National Disability Insurance Scheme Act 2013 of the Commonwealth.
(a) an SDA resident; (b) any person who is not an SDA resident.
(a) entering into a residential rental agreement with the SDA resident; or (b) entering into an SDA residency agreement with the SDA resident; or (c) establishing an SDA residency agreement with the SDA resident.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
NoteSection 498F(3) sets out when an SDA residency agreement is established.
(a) the SDA provider has entered into a residential rental agreement with a renter; and
(b) the renter has sought the written consent of the SDA provider to sub-let the SDA enrolled dwelling to an SDA resident in accordance with section 81.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
(a) within 5 days of the registration being revoked; and (b) specifying—
(i) that the person's registration under the NDIS has been revoked; and (ii) the date of the revocation; and
(iii) in the case of an SDA enrolled dwelling provided under a residential rental agreement, that the SDA resident may give the residential rental provider a reduced period of notice of intention to vacate the SDA enrolled dwelling under section 91ZB; and (iv) in the case of an SDA enrolled dwelling provided under an SDA residency agreement, that the SDA residency agreement is terminated 90 days after the day the person's registration under the NDIS was revoked.
Penalty: 25 penalty units.
(a) within 5 days after the dwelling ceases to be enrolled as an SDA enrolled dwelling; and (b) specifying—
(i) that the dwelling is no longer enrolled as an SDA enrolled dwelling; and (ii) the date the dwelling ceased to be an SDA enrolled dwelling; and
(iii) in the case of a former SDA enrolled dwelling being provided under a residential rental agreement, that the SDA resident may give the residential rental provider a reduced period of notice of intention to vacate the SDA enrolled dwelling under section 91ZB; and (iv) in the case of a former SDA enrolled dwelling provided under an SDA residency agreement, that the SDA residency agreement is terminated 90 days after the day the SDA enrolled dwelling ceased to be enrolled.
Penalty: 25 penalty units.
(a) to a family member, carer, guardian, advocate or other person chosen by the SDA resident; or (b) if no person is chosen under paragraph (a), to a person who the SDA provider considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider.
(a) the Tribunal makes an order or gives a direction in accordance with this Act that is in respect of an SDA resident; and (b) the SDA resident is not represented by any of the following persons—
(i) the SDA resident's guardian (if any); (ii) the SDA resident's administrator (if any); (iii) a carer of the SDA resident; (iv) a person chosen by the SDA resident; (v) a litigation guardian appointed by the Tribunal; (vi) an Australian lawyer; and
(c) one of the persons specified in subparagraph (i) or (ii) is a party to the proceeding for which the order was made, or the direction given, in respect of the SDA resident—
(i) an SDA provider; or (ii) if an SDA provider is not a party to the proceeding but a relevant person is a party, a relevant person.
(a) to a family member, carer, guardian, advocate or other person chosen by the SDA resident; or (b) if no person is chosen under paragraph (a), to a person who the SDA provider or other relevant person considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider or other relevant person.
relevant person means any of the following—
(a) an agent of the SDA provider; (b) a mortgagee in respect of an SDA enrolled dwelling that the SDA resident is or was residing in; (c) an SDA enrolled dwelling owner within the meaning of section 498ZZX.
(a) enter into an SDA residency agreement with the SDA resident before the SDA resident occupies the SDA enrolled dwelling; or (b) work with the SDA resident in accordance with section 498G to establish an SDA residency agreement before the SDA resident occupies the SDA enrolled dwelling.
(a) the SDA provider has complied with section 498G; and (b) the SDA residency agreement is given to the SDA resident in accordance with section 498H.
Penalty: 60 penalty units.
(a) the name and contact details of the SDA provider who has entered into or established the SDA residency agreement; (b) the address of the SDA enrolled dwelling being provided by the SDA provider under the SDA residency agreement; (c) the term of the SDA residency agreement.
(a) ensures the contents of the SDA residency agreement is explained to the SDA resident in the language, mode of communication and terms which the SDA resident is most likely to understand; and (b) gives an explanation of the SDA residency agreement under paragraph (a) both orally and in writing where reasonable.
(a) to a family member, carer, advocate or other person chosen by the SDA resident; or (b) if no person is chosen under paragraph (a), a person who the SDA provider considers can assist the SDA resident and is not employed by, or a representative of, the SDA provider.
An SDA provider providing an SDA enrolled dwelling to an SDA resident under an SDA residency agreement (whether entered into or established), on or before the day specified in the SDA residency agreement as the day of commencement of the agreement—
(a) must give the SDA resident a written copy of the SDA residency agreement; and (b) must provide a copy of the SDA residency agreement to the SDA resident's guardian or the SDA resident's administrator (if any).
Penalty: 25 penalty units.
(a) matters required by the National Disability Insurance Scheme Act 2013 of the Commonwealth; (b) matters required by any regulations, rules or instruments made under that Act.
Penalty: 25 penalty units.
(a) the commencement date, end date, how the agreement may be extended and how the parties may terminate the agreement; and (b) the rent, including how it is to be paid; and (c) the amount of any utilities charges, to whom those charges are to be paid and when they are due; and (d) the minimum period of notice required to be given by the SDA provider before the SDA provider can increase the rent; and (e) the name and contact details of the parties to the agreement and their agents (if any); and (f) the process for requesting repairs or maintenance to the SDA enrolled dwelling; and (g) the rights and duties of the SDA resident and SDA provider as specified in this Part; and (h) the circumstances in which an SDA provider or the SDA provider's agent is entitled to access the SDA enrolled dwelling and the notice that must be given before entry; and (i) that an SDA resident has the right to see a community visitor; and (j) the process for making complaints; and (k) any prescribed details or matters.
A term of an SDA residency agreement is invalid if it purports to exclude, restrict or modify or purports to have the effect of excluding, restricting or modifying—
(a) the application to that SDA residency agreement of all or any of the provisions of this Part or any regulations made under this Act, the National Disability Insurance Scheme Act 2013 of the Commonwealth, or any regulations, rules or instruments made under that Act; or (b) the exercise of a right conferred by this Part or any regulations made under this Act, the National Disability Insurance Scheme Act 2013 of the Commonwealth, or any regulations, rules or instruments made under that Act.
(a) it is required by or under the National Disability Insurance Scheme Act 2013 of the Commonwealth or any regulations, rules or instruments made under that Act; or (b) it is required by any prescribed Act, regulations, rules or instruments; or (c) it is in the prescribed standard form.
An SDA provider or that person's agent must not use personal information disclosed by a person on an application form used to apply to enter into an SDA residency agreement unless the use is for the following—
(a) to determine whether the applicant is, or will be, an SDA resident; (b) to determine whether the SDA enrolled dwelling meets the needs of the applicant; (c) if the SDA enrolled dwelling is a shared living environment, to assess the applicant's compatibility with—
(i) SDA residents already residing in the SDA enrolled dwelling; or (ii) other applicants applying to enter into an SDA residency agreement in respect of the SDA enrolled dwelling.
Before entering into an SDA residency agreement, an SDA provider must disclose the following information to the SDA recipient—
(a) if the SDA provider has engaged an agent to sell the SDA enrolled dwelling or prepared a contract of sale, that there is a proposal to sell the SDA enrolled dwelling; (b) if a mortgagee has commenced a proceeding to enforce a mortgage over the SDA enrolled dwelling, that a mortgagee is taking action for possession of the SDA enrolled dwelling; (c) if the SDA provider is not the owner of the SDA enrolled dwelling, that the SDA provider has a right to let the SDA enrolled dwelling; (d) if the SDA enrolled dwelling is supplied with electricity from an embedded electricity network, the prescribed details of the operator of the embedded electricity network; (e) if the SDA provider is not the owner of the SDA enrolled dwelling and the owner has engaged an agent to sell the SDA enrolled dwelling or prepared a contract of sale, that there is a proposal to sell the SDA enrolled dwelling; (f) any other prescribed information in relation to the SDA enrolled dwelling.
(a) an SDA provider who is not acting in trade or commerce in entering into an SDA residency agreement; and (b) the agent of an SDA provider referred to in paragraph (a) who is not acting in trade or commerce.
(a) the SDA provider's interest in the land; (b) the rent payable under the agreement; (c) the location of the SDA enrolled dwelling to be let under the agreement; (d) the characteristics of the SDA enrolled dwelling to be let under the agreement; (e) the use to which the SDA enrolled dwelling to be let under the agreement is capable of being put or may lawfully be put; (f) the existence or availability of facilities associated with the SDA enrolled dwelling to be let under the agreement.
Penalty: 60 penalty units in the case of a natural person;300 penalty units in the case of a body corporate.
(a) take reasonable measures to ensure that SDA residents are treated with dignity and respect and with due regard to their entitlement to privacy; and (b) ensure that the SDA enrolled dwelling in which the specialist disability accommodation is provided and any fixtures and fittings are maintained in good repair; and
(c) not unreasonably interfere with an SDA resident's right to privacy; and
(ca) install fixtures required by the SDA resident to assist their daily living or proper use and enjoyment of the SDA enrolled dwelling; and (d) take reasonable measures to ensure the security of an SDA enrolled dwelling; and (e) minimise any inconvenience or disruption to the SDA resident when undertaking repairs or renovations; and
(f) take reasonable steps to ensure that any repairs or renovations—
(i) are carried out by a suitably qualified person; and (ii) are completed in a timely manner.
(a) that another SDA resident living in the same SDA enrolled dwelling under an SDA residency agreement—
(i) has not consented to the keeping of the pet at the SDA enrolled dwelling; and (ii) has reasonable grounds for not consenting to keeping the pet at the SDA enrolled dwelling; or
(b) that the pet would create a health and safety hazard were it kept at the SDA enrolled dwelling.
NoteSee section 54 of the Equal Opportunity Act 2010 in relation to the provision of accommodation to a person with a disability who has an assistance dog.
(a) maintain the SDA enrolled dwelling in a manner that does not create a fire, health or safety hazard; and (b) after becoming aware of any damage to the SDA enrolled dwelling give notice to the SDA provider specifying the nature of the damage; and
(c) contribute to the cost of repairing damage notified under paragraph (b) that the SDA resident caused; and (d) pay the rent on the due date and in the manner specified in the SDA residency agreement.
(a) use the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; and (b) by act or omission endanger the safety of other SDA residents or staff at the SDA enrolled dwelling; and (c) cause serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; and
(d) damage or destroy any part of the SDA enrolled dwelling; and
(e) install any fixtures in the SDA enrolled dwelling without first obtaining the consent in writing of the SDA provider; and
(f) keep a pet without obtaining the consent of the SDA provider.
(a) fair wear and tear; (b) accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; (e) the act or omission of a person who is not the SDA resident; (f) any behaviour arising from the SDA resident's disability including behaviour in response to circumstances aggravating to the SDA resident's disability or emotional wellbeing; (g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; (h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
chosen person means a person—
(a) who is an SDA resident's guardian; or (ab) who is an SDA resident's administrator; or (b) who is a family member of the SDA resident; or (c) who is chosen by an SDA resident, by mutual agreement with the person, to act on behalf of the SDA resident under this Division.
(a) the SDA resident or their chosen person has given the SDA provider written notice advising the SDA provider that repairs (other than urgent repairs) are required to the SDA enrolled dwelling; and (b) the SDA provider has not carried out the repairs within 14 days after being given the notice.
(a) must investigate; and (b) may negotiate arrangements for the carrying out of repairs if the Director is satisfied that the SDA provider is in breach of the duty to maintain the SDA enrolled dwelling in good repair; and (c) must give a written report to the SDA resident and their chosen person (if any).
(a) the SDA resident or their chosen person has received the report of the Director under section 498Q; and (b) the SDA resident or their chosen person is still of the view that satisfactory arrangements have not been made for the carrying out of the repairs.
(a) the SDA provider to carry out specified repairs; and (b) the use of a suitably qualified person to carry out the repairs.
(a) the Public Advocate; (b) a community visitor; (c) the Senior Practitioner; (d) the NDIA; (e) the NDIS Quality and Safeguards Commission.
An SDA provider or their agent has a right to enter an SDA enrolled dwelling together with any persons who are necessary to achieve the purpose of the entry—
(a) at any time agreed with the SDA resident if—
(i) in the case of an SDA enrolled dwelling occupied by one SDA resident, the SDA resident has consented to the entry not more than 7 days before the entry; or (ii) in the case of an SDA enrolled dwelling occupied by more than one SDA resident, all the SDA residents have consented to the entry not more than 7 days before the entry; or
(b) at any time between 8 a.m. and 6 p.m. on any day (except a public holiday)—
(i) for a purpose set out in section 498V(1)(a) or (b), if at least 48 hours notice has been given to the SDA resident or SDA residents in accordance with section 498X; or (ii) for a purpose set out in section 498V(1)(c) or (f), if at least 24 hours notice has been given to the SDA resident or SDA residents in accordance with section 498X; or (iii) for a purpose set out in section 498V(1)(d) or (e), if at least 7 days notice has been given to the SDA resident or SDA residents in accordance with section 498X.
(a) before giving notice of entry, a notice to vacate or a notice of intention to vacate the SDA enrolled dwelling had been given and entry is required to show the SDA enrolled dwelling to a prospective party to an SDA residency agreement or residential rental agreement in respect of the SDA enrolled dwelling; or (b) the SDA enrolled dwelling is to be sold or used as security for a loan and entry is required to show the SDA enrolled dwelling to a prospective buyer or lender; or (c) entry is required to enable the SDA provider to carry out a duty under this Act or any other Act; or (d) entry is required for valuation purposes; or (e) entry is required to enable inspection of the SDA enrolled dwelling and entry for that purpose has not been made within the last 6 months; or (f) entry is required to undertake maintenance or repairs or for the purposes of maintenance or repairs.
(a) the SDA resident agrees, or if there are multiple SDA residents, all the SDA residents agree to the entry at the time entry is sought; or (b) there is an emergency; or (c) if the SDA provider believes on reasonable grounds that entry is necessary to protect the health or safety of the SDA resident or of any other person at the SDA enrolled dwelling; or (d) if the SDA provider believes on reasonable grounds that the SDA resident has abandoned the SDA enrolled dwelling; or (e) it is necessary to do so to undertake urgent repairs.
(a) in the period within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate; and (b) up to twice a week, unless otherwise agreed with the SDA resident or, if there are multiple SDA residents, all the SDA residents; and (c) for a period of no longer than one hour, unless a longer period is agreed with the SDA resident or, if there are multiple SDA residents, all the SDA residents.
(a) the right of entry may only be exercised—
(i) if the SDA provider has given the SDA resident or, if there are multiple SDA residents, all the SDA residents, notice of intention to sell in the form approved by the Director at least 14 days before entry is proposed; and (ii) if the SDA provider has made all reasonable efforts to agree with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents, on days and times for the property to be available for inspection; and (iii) up to twice a week, unless otherwise agreed with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents; and (iv) for a period of no longer than one hour, unless a longer period is agreed with the SDA resident or, if there are multiple SDA residents in the SDA enrolled dwelling, all the SDA residents;
(b) SDA residents at the SDA enrolled dwelling are entitled to the prescribed compensation for sales inspections.
A person exercising a right of entry under this Division—
(a) must do so in a reasonable manner; and
(b) must not stay or permit others to stay at the SDA enrolled dwelling longer than is necessary to achieve the purpose of the entry without the SDA resident's consent or, if there are multiple SDA residents, without the consent of all the SDA residents.
(a) be in writing; and (b) state why the SDA provider or their agent wishes to enter; and (c) be given—
(i) by post; or (ii) by delivering it personally to the SDA resident between the hours of 8 a.m. and 6 p.m.; or (iii) by electronic communication in accordance with the Electronic Transactions (Victoria) Act 2000.
An SDA resident has a duty to permit a person exercising a right of entry in accordance with this Division to enter the SDA enrolled dwelling.
(a) may make an order for payment of any compensation that it thinks fit if it is satisfied that damage was caused to the SDA resident's goods in the SDA enrolled dwelling; or (b) may refuse to make an order.
An SDA provider may charge an SDA resident rent.
(a) the amount of the rent increase; and (b) the method by which the rent increase was calculated; and (c) a statement informing the SDA resident of the SDA resident's right under section 498ZG to apply within 30 days after the notice is given to the Director to investigate and report on the proposed rent.
An SDA provider must not require an SDA resident to pay the rent more than 30 days in advance.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the bill paying service known as Centrepay administered by the Department of Human Services of the Commonwealth; (b) any prescribed payment method.
(a) immediately, if the payment is made in person; or (b) if the payment is not made in person and a receipt is requested at the time of making the payment, within 5 business days of receiving the payment.
Penalty: 25 penalty units.
(a) the end of 12 months after receiving the payment; or (b) if an SDA resident, an SDA resident's guardian or SDA resident's administrator (if any) requests a copy of the record before the end of 12 months after making the payment, the provision of a copy of the record to the SDA resident and the SDA resident's guardian or SDA resident's administrator.
Penalty: 25 penalty units.
Penalty: 25 penalty units.
(a) the name of the SDA resident and the SDA enrolled dwelling; and (b) the date of receipt; and (c) the period for which payment is made; and (d) the amount paid; and (e) the fact that the payment is for rent.
A person must not take or dispose of an SDA resident's goods on account of any rent owing by the SDA resident.
Penalty: 60 penalty units.
(a) carry out an investigation; and (b) give a written report to—
(i) the SDA resident and the SDA resident's guardian or SDA resident's administrator (if any); and (ii) the SDA provider.
(a) include a statement informing the SDA resident of the SDA resident's right under section 498ZH to apply to the Tribunal for an order in respect of the proposed rent; and (b) take into account the matters referred to in sections 498ZI(2) and 498ZJ.
(a) make an order declaring that the proposed rent is excessive; (b) make an order directing that for the period specified in the order the rent must not exceed the amount specified in the order; (c) dismiss the application.
(a) the rent paid by any other SDA residents in the SDA enrolled dwelling; and (b) the rent payable by SDA residents occupying similar SDA enrolled dwellings in similar locations; and (c) the state of repair and general condition of the SDA enrolled dwelling; and (d) the number of increases in the preceding 24 months, the amount of each increase and the timing of those increases; and (e) any changes in the condition of the SDA enrolled dwelling since the SDA resident commenced occupation; and (f) any improvements made to the SDA enrolled dwelling that should not result in an increase because they were made by or on behalf of the SDA resident; and (g) the National Disability Insurance Scheme Act 2013 of the Commonwealth; and (h) any prescribed Act, regulation or instrument.
Commonwealth disability support pension means an amount determined in accordance with Part 2.3 of the Social Security Act 1991 of the Commonwealth;Commonwealth rent assistance means an amount determined in accordance with Part 3.7 of the Social Security Act 1991 of the Commonwealth.
(a) the increased rent specified in the notice of increase under section 498ZB; or (b) 110% of the rent payable immediately before the notice of increase under section 498ZB was given.
(a) requiring that any excess rent paid by the SDA resident, from the time that the increase took effect until the date of the order, be refunded; and (b) specifying the procedure for the refund to the SDA resident.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the first issue of a rent payment card under an SDA residency agreement; or
(b) the establishment or use of direct debit facilities or any other electronic payment facility for payment of rent under an SDA residency agreement.
Penalty: 60 penalty units.
(a) the installation costs and charges in respect of the initial connection to an SDA enrolled dwelling of any electricity, water, gas, bottled gas or oil supply service; and
(b) all charges related to the supply of sewerage services or the supply or use of drainage services to or at the SDA enrolled dwelling; and
(c) all rates, taxes or charges payable under any Act other than charges payable by the SDA resident under this Part.
ExampleExcessive usage charges caused by a leak in the underground pipe of a water service connected to an SDA enrolled dwelling.
An SDA provider must not seek payment or reimbursement for a cost or charge, or specify a cost or charge for utilities at an SDA enrolled dwelling under an SDA residency agreement, that is more than the amount that the relevant utility supplier would have charged the SDA resident for the supply or use of electricity, water, bottled gas or oil by an SDA resident at an SDA enrolled dwelling.
Penalty: 60 penalty units.
In this Division—
breach of duty notice means a notice served under section 498ZP;
duty provision, in relation to an SDA enrolled dwelling, means—
(a) section 498M(1)(a), (b), (c), (d), (e) or (f) or (2); or (b) section 498N(1)(a), (c), (d) or (2)(d), (e) or (f); or (c) section 498Y;
required time means 14 days.
(a) in the case of damage to, or destruction of, an SDA enrolled dwelling, fair wear and tear; (b) in the case of damage to, or destruction of, an SDA enrolled dwelling, accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; (e) the act or omission of a person who is not the SDA resident; (f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; (g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; (h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
(a) specify the breach; and (b) give details of the loss or damage, if any, caused by the breach; and (c) require the person, within the required time after receiving the notice—
(i) to remedy the breach if possible; or (ii) to compensate the person to whom the duty is owed; and
(d) state that the person in breach must not commit a similar breach again; and (e) state that if the notice is not complied with—
(i) an application for compensation or a compliance order may be made to the Tribunal; or (ii) if section 498ZZA applies, a notice of intention to vacate may be given; or (iii) if section 498ZX applies, a notice to vacate may be given; and
(f) be in writing; and (g) be addressed to the person allegedly in breach of the duty or the person's agent; and (h) be signed by the person to whom the duty is owed or by that person's agent.
* * * * *
(b) whether or not the person from whom compensation is claimed has taken all reasonable steps to comply with the duties under this Part or under the SDA residency agreement in respect of which the claim is made; and (c) whether or not the applicant has consented to the failure to comply with the duties in respect of which the claim is made; and (d) whether or not money has been paid to or recovered by the applicant by way of compensation; and (e) whether any reduction or refund of rent has been made to the applicant; and (f) whether or not action has been taken by the applicant to mitigate the loss or damage; and (g) any offer of compensation; and (h) if a claim is made with respect to damage to property, any action taken by the person from whom compensation is claimed to repair the damage at that person's own expense.
(a) in the case of damage to, or destruction of, property, fair wear and tear; (b) in the case of damage to, or destruction of, property, accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; (e) the act or omission of a person who is not the SDA resident; (f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; (g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; (h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
(a) the person in breach must remedy the breach as specified in the order; (b) the person in breach must pay compensation as specified in the order; (c) the person in breach must refrain from committing a similar breach.
An SDA provider is not entitled to claim compensation under this Part for a failure of an SDA resident to pay rent under an SDA residency agreement unless the rent is unpaid for at least 14 days after it has accrued due.
If a party to an SDA residency agreement is convicted of an offence against this Part, the court before which that person is convicted may, on application by the other party to the SDA residency agreement, order the first party to pay the applicant compensation for loss or damage suffered by the applicant because of the commission of that offence.
(a) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA enrolled dwelling; (b) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; (c) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling;
(ca) the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling; (d) it is for the SDA resident's safety or wellbeing;
(e) the SDA resident has caused serious damage or destroyed any part of the SDA enrolled dwelling; (f) the SDA resident has used the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; (g) specialist disability accommodation will no longer be provided at the SDA enrolled dwelling; (h) the SDA enrolled dwelling is no longer suitable for the provision of specialist disability accommodation;
(i) the SDA provider intends to repair, renovate or reconstruct the SDA enrolled dwelling immediately after the notice of temporary relocation has effect and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the area or room of the SDA enrolled dwelling exclusively occupied by the SDA resident.
(a) has effect immediately from the time it is given or from the time specified in the notice of temporary relocation; and (b) must specify a relocation period—
(i) ending not more than 90 days after the date on which the notice has effect; and (ii) if the notice is given in the circumstances referred to in subsection (1)(i), not longer than the time required to carry out the work.
(a) fair wear and tear; (b) accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; (e) the act or omission of a person who is not the SDA resident; (f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; (g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; (h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
(a) the proposed repairs will affect an SDA resident's area or room but will not affect all the areas or rooms in an SDA enrolled dwelling; and (b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA enrolled dwelling.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) for emergency purposes; or
(b) on a short term basis for the purpose of providing short-term accommodation to a carer of a person with a disability.
(a) by agreement in writing between the SDA provider and the SDA resident; (b) if the SDA provider gives the SDA resident a notice to vacate in accordance with section 498ZX, on the earliest of—
(i) the day on which the SDA resident vacates the SDA enrolled dwelling; or
(ii) if a possession order is made, at the end of the day before the day on which the possession of the SDA enrolled dwelling is delivered up to the SDA provider;
(c) if the SDA provider's registration under the NDIS as a registered provider is revoked, 90 days after the day the registration was revoked; (d) if the SDA enrolled dwelling occupied by the SDA resident ceases to be an SDA enrolled dwelling, 90 days after the day the SDA enrolled dwelling ceased to be enrolled; (e) by notice of intention to vacate given to the SDA provider by, or on behalf of, the SDA resident in accordance with section 498ZZA; (f) if the SDA resident dies;
(g) if the SDA resident is deemed to have abandoned the SDA enrolled dwelling under section 498ZWA;
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(j) the SDA provider contravenes section 498D(1) and the SDA resident wishes to terminate the SDA residency agreement as a consequence of that contravention; (k) if the Tribunal makes an order terminating the SDA residency agreement; (l) if a mortgagee in respect of an SDA enrolled dwelling gives a notice to vacate under section 498ZZD and—
(i) the SDA resident vacates the SDA enrolled dwelling on or after the termination date specified in the notice; or (ii) the SDA residency agreement terminates in accordance with section 498ZZL.
(a) be given in writing; and (b) specify the date on which the SDA resident intends to terminate the SDA residency agreement.
(a) if the notice was given by an SDA recipient, the Chief Executive Officer of the NDIA; (b) the Public Advocate; (c) if the notice was not given under subsection (4), the SDA resident's guardian or the SDA resident's administrator, as the case requires; (d) the Director.
(a) the SDA resident owes at least 14 days unpaid rent to the SDA provider; or (b) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA enrolled dwelling; or (c) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents; or (d) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling; or
(e) the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling; or
(f) the SDA resident has caused serious damage or destroyed any part of the SDA enrolled dwelling; or (g) the SDA resident has used the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act; or
(h) the SDA provider intends to repair, renovate or reconstruct the SDA enrolled dwelling immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the SDA enrolled dwelling; or
NoteSee section 498ZZZPA.
(ha) the SDA provider intends to demolish the SDA enrolled dwelling immediately after the termination date and has obtained all necessary permits and consents to carry out the demolition and the demolition cannot be properly carried out unless the SDA resident vacates the SDA enrolled dwelling; or
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(k) the SDA enrolled dwelling is to be sold or offered for sale with vacant possession; or (l) the SDA resident has failed to comply with an order of the Tribunal under section 498ZS.
(a) a breach of duty notice has been given to the SDA resident in respect of that ground; and (b) the SDA resident has not taken steps to remedy the breach within 14 days after the notice was given to the SDA resident.
(a) a temporary relocation notice was validly issued under section 498ZV on a ground corresponding to that specified in the notice to vacate; and (b) the temporary relocation notice was given at least 24 hours previously.
(a) in the case of damage to, or destruction of, an SDA enrolled dwelling, fair wear and tear; (b) in the case of damage to, or destruction of, an SDA enrolled dwelling, accidental damage; (c) the reasonable use of the SDA enrolled dwelling; (d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA enrolled dwelling; (e) the act or omission of a person who is not the SDA resident; (f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing; (g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan; (h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006; (i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
(a) the proposed repairs, renovations or reconstruction will affect the area or room of the SDA enrolled dwelling exclusively occupied by the SDA resident but will not affect all of the areas or rooms of the SDA enrolled dwelling; and (b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA enrolled dwelling—
the SDA provider must not give the notice under subsection (1)(h) unless the SDA provider has first offered an equivalent room to the SDA resident and the SDA resident has refused to occupy that room in place of the SDA resident's current room.
(a) must specify the ground on which the notice is given; and
(ab) must specify that the SDA resident may apply to the Tribunal under section 498ZZC for review of the notice within 90 days of the day on which the notice was issued; and
(ac) in the case of a notice to vacate given on a ground under subsection (1)(h) or (k), must be accompanied by documentary evidence, as approved by the Director from time to time, which supports the reasons for giving the notice; and
NoteSee section 486A.
(b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and (c) must be signed by the SDA provider; and (d) must be given to—
(i) the SDA resident; and (ii) the SDA resident's guardian or the SDA resident's administrator, if any.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the notice of temporary relocation continues in force only until the end of the period of notice applying to the notice to vacate; and (b) the SDA provider must continue to provide alternative accommodation for the SDA resident until—
(i) the end of the period of notice applying to the notice to vacate; or (ii) if a review or appeal is lodged, until the review or appeal is determined; or (iii) other alternative accommodation is provided for the SDA resident.
If a person is or becomes entitled to give 2 or more notices of intention to vacate or notices to vacate under this Division—
(a) the invalidity of any of the notices does not affect the validity of any other notice; and (b) each valid notice has full force and effect.
(a) be given in writing; and (b) specify the date on which the SDA resident intends to vacate the SDA enrolled dwelling.
(a) if the notice was given by an SDA recipient, the Chief Executive Officer of the NDIA; (b) the Public Advocate;
(c) if the notice was not given under subsection (3), the SDA resident's guardian or the SDA resident's administrator, as the case requires;
(d) the Director.
(a) in writing; and (b) signed by the person who gave the notice that is being withdrawn; and (c) given to the person who was given the notice that is being withdrawn.
(a) of a defect on the face of the notice to vacate; or (b) the notice to vacate was not issued in accordance with this Part; or (c) the ground on which the notice was issued is not established.
(a) if it determines that the notice to vacate is valid, confirm the notice to vacate; or (b) if it determines that the notice to vacate is not valid, declare that the notice to vacate is invalid; or (c) if subsection (2) applies and it determines that the notice of temporary relocation is not valid, declare the notice of temporary relocation and the notice to vacate are invalid; or (d) dismiss the application.
(a) to give the SDA resident a notice to vacate the SDA enrolled dwelling; or (b) to recover possession of the SDA enrolled dwelling; or (c) to give a breach of duty notice that applies to the SDA residency agreement.
(a) must specify the ground on which the notice is given; and (b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and (c) must be signed by the mortgagee; and (d) must be given to—
(i) the SDA resident; and (ii) the SDA resident's guardian or the SDA resident's administrator, if any.
Penalty: 60 penalty units.
Penalty: 60 penalty units.
(a) the SDA resident has given the SDA provider a notice of intention to vacate the SDA enrolled dwelling; and (b) the SDA resident has not delivered up vacant possession of the area or room of the SDA enrolled dwelling that was occupied by the SDA resident.
(a) the mortgagee has given each SDA resident occupying the SDA enrolled dwelling a notice to vacate the SDA enrolled dwelling that specifies a termination date not less than 90 days after the notice is issued; and (b) one or more of the SDA residents that were occupying the SDA enrolled dwelling have not delivered up vacant possession of the SDA enrolled dwelling within 90 days after the date of the notice to vacate given under paragraph (a).
The Tribunal must not determine an application for a possession order under this Division before the termination date specified in the notice to vacate or notice of intention to vacate accompanying the application.
(a) the SDA provider was entitled to give the notice to vacate; and
(b) the notice to vacate has not been withdrawn; and
(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.
(a) a notice of intention to vacate has been given by an SDA resident and has not been withdrawn; and
(b) the SDA provider acted reasonably by relying on the notice of intention to vacate; and
(c) in the circumstances of the particular application, it is reasonable and proportionate having regard to section 498ZZHA.
For the purposes of determining whether it is reasonable and proportionate to make a possession order, the Tribunal must have regard to the following—
(a) whether the matter giving rise to the possession order is trivial; (b) whether the matter giving rise to the possession order was caused by a person other than the SDA resident; (c) as the case requires, the behaviour of the SDA provider or the SDA provider's agent; (d) the interests of other SDA residents living in the SDA enrolled dwelling; (e) whether suitable alternative accommodation is likely to be available for the SDA resident's use; (f) whether an order other than a possession order can be made; (g) whether another course of action is reasonably available; (h) any other matter the Tribunal considers relevant.
(a) may make a possession order if the SDA resident has continued to accrue arrears of rent during the adjournment period; and (b) must dismiss the application if the SDA resident—
(i) has paid all the arrears which were the subject of the original application; and (ii) has accrued no further arrears of rent from the time of the application to the date of resumption of the adjourned hearing.
(a) the day (being a day not more than 30 days after the day on which the possession order is made) by which the SDA resident must vacate the SDA enrolled dwelling; and (b) a direction to the SDA resident to vacate the SDA enrolled dwelling by the day specified in the order; and (c) a direction to the principal registrar to issue a warrant of possession in accordance with section 498ZZP on the application of the person who obtained the possession order.
Despite section 498ZZH, the Tribunal must not make a possession order if—
(a) the application for the order is supported with a notice to vacate issued on a ground specified in section 498ZX(1)(l); and (b) the Tribunal is satisfied that—
(i) the failure to comply with an order of the Tribunal was trivial or has been remedied as far as possible; and
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(iii) the breach of duty is not a recurrence of a previous breach of duty.
If a possession order is made under this Division in respect of an SDA enrolled dwelling, the SDA residency agreement terminates at the end of the day before the day on which possession of the SDA enrolled dwelling is delivered up to the SDA provider or mortgagee.
A possession order under this Division must—
(a) direct the principal registrar to issue without delay a warrant of possession against a person issued with a notice to vacate who occupies an SDA enrolled dwelling; or (b) provide that notice in the form prescribed by the rules of the Tribunal be served without delay on the person issued with a notice to vacate who occupies the SDA enrolled dwelling requiring them—
(i) to appear before the Tribunal on a day after the end of 7 days after the giving of the notice; and (ii) to show cause why a warrant of possession should not be issued.
If a possession order under this Division requires a notice to be given, the applicant for the order must—
(a) serve a copy of the order and the notice on the person issued with a notice to vacate who occupies the SDA enrolled dwelling; and (b) if any other person who is not subject to the possession order occupies the SDA enrolled dwelling, notify that person that the person is not subject to the possession order.
This Subdivision has effect despite anything to the contrary in any other provision of this Act.
(a) immediately if the possession order so provides; or (b) within 6 months after the date of the possession order if the SDA resident fails to comply with the possession order.
(a) be in a form prescribed by rules made under the Victorian Civil and Administrative Tribunal Act 1998; and (b) be directed—
(i) to a police officer; or (ii) to an authorised person; and
(c) give brief details of the possession order; and (d) be signed by the principal registrar.
(a) to enter the SDA enrolled dwelling, by force if necessary; and (b) with such assistance as is necessary to compel persons referred to in the possession order to vacate the SDA enrolled dwelling and give possession of the dwelling to the applicant for the order under which the warrant is issued.
(a) between the hours of 6 p.m. and 8 a.m.; or (b) on a Sunday or public holiday.
(a) subject to paragraph (b), within the time stated in the order; or (b) if the Tribunal has extended the time within which a warrant may be executed, within the further time that the Tribunal by order allows.
As soon as practicable, but not later than 60 days after a warrant of possession is issued, the person to whom the warrant is addressed must—
(a) return the warrant to the principal registrar; and (b) specify in writing whether the warrant has or has not been executed.
(a) the SDA resident would suffer hardship if the issue of the warrant were not postponed; and (b) the hardship would be greater than any hardship that the SDA provider or mortgagee (as the case may be) would suffer because of the postponement.
On the application of an SDA provider or mortgagee of an SDA enrolled dwelling, the Tribunal may order that a warrant of possession be issued without delay if the Tribunal is satisfied that, during any period of postponement specified in an order under section 498ZZU, an SDA resident has failed to pay any rent accrued due.
This Division applies if the SDA residency agreement in respect of an SDA enrolled dwelling has been terminated and goods have been left behind at the dwelling.
In this Division—
former SDA provider means an SDA provider who, before the termination of an SDA residency agreement, was—
(a) registered under the NDIS to be a registered provider of supports; and (b) the owner or leaseholder of the SDA enrolled dwelling;
former SDA resident means an SDA resident who received funding under the NDIS to reside in an SDA enrolled dwelling before the termination of an SDA residency agreement;SDA enrolled dwelling owner, in relation to an SDA enrolled dwelling in respect of which an SDA residency agreement has been terminated, means—
(a) the former SDA provider; and (b) either—
(i) the owner of the SDA enrolled dwelling; or (ii) a mortgagee who has secured a mortgage against the SDA enrolled dwelling;
stored goods, in relation to an SDA enrolled dwelling in respect of which an SDA residency agreement has been terminated, means goods left behind on the SDA enrolled dwelling which are stored in accordance with section 498ZZZD.
If a former SDA resident leaves behind personal documents, the SDA enrolled dwelling owner—
(a) must take reasonable care of the personal documents for a period of 90 days; and (b) may remove but must not destroy or dispose of the personal documents, except in accordance with this Division; and (c) must take reasonable steps to notify the former SDA resident and the former SDA resident's administrator or the former SDA resident's guardian (if any) as to when and from where the documents may be collected.
NoteIt may be an offence under certain legislation of the State and Commonwealth to destroy certain documents.
Penalty: 150 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
This Subdivision does not apply to personal documents.
(a) the goods are of no monetary value; or (b) the goods are perishable foodstuffs; or (c) the goods are dangerous.
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NoteOther legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985.
(a) take reasonable steps to give notice, in the form approved by the Director, to the former SDA resident that the goods have been left behind; and (b) store the goods for a period of at least 14 days, beginning on the day on which the SDA enrolled dwelling owner gave the notice to the former SDA resident.
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(a) the amount of any storage fee for the stored goods; (b) the amount of the reasonable costs of the sale.
Penalty: 30 penalty units.
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A purchaser of stored goods sold in accordance with this Division has good title unless the purchaser has notice of—
(a) a defect in title or want of title in the former SDA resident; or (b) a failure of the SDA enrolled dwelling owner to comply with this Division in relation to the sale of the goods.
If the SDA enrolled dwelling owner destroys, disposes of or sells a former SDA resident's goods or personal documents, otherwise than in accordance with this Division, the former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for compensation.
If an SDA enrolled dwelling owner wrongfully retains and refuses to give up goods or personal documents left behind, the former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for an order for the return of the goods or personal documents, or for compensation, or both.
If the SDA enrolled dwelling owner wilfully or recklessly damages or loses stored goods or personal documents, a former SDA resident or a person who has a lawful right to those goods or documents may apply to the Tribunal for compensation.
If a former SDA resident or other person who has a lawful right to the goods left behind requests the SDA enrolled dwelling owner to store the goods for more than 14 days and the SDA enrolled dwelling owner refuses, the former SDA resident or other person may apply to the Tribunal for an order requiring the SDA enrolled dwelling owner to store the goods for a period of more than 14 days.
On an application under this Division, the Tribunal may—
(a) in the case of an application under section 498ZZZJ or 498ZZZL, make an order for compensation; or (b) in the case of an application under section 498ZZZK—
(i) make an order for the return of the goods or personal documents; or (ii) make an order for compensation; or (iii) make an order for both compensation and the return of the goods or personal documents; or
(c) in the case of an application under section 498ZZZM, make an order in accordance with that section; or (d) dismiss the application.
AN SDA provider or an SDA provider's agent must not, without reasonable excuse, enter an SDA enrolled dwelling otherwise than in accordance with Division 6.
Penalty: 60 penalty units.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
Penalty: 150 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
(a) the SDA enrolled dwelling may be let; or (b) an SDA residency agreement may be entered into or established in respect of the SDA enrolled dwelling.
(a) the dwelling ceases to be an SDA enrolled dwelling; or (b) the owner or leaseholder of the SDA enrolled dwelling ceases to be registered under the NDIS to be a registered NDIS provider.
(a) a provision of this Part; or (b) a term included or to be included in the SDA residency agreement; or (c) a matter affecting a person's rights or duties under this Part or an SDA residency agreement or proposed SDA residency agreement.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
(a) a provision of this Part; or (b) a term included or to be included in the SDA residency agreement; or (c) a matter affecting a person's rights or duties under this Part or an SDA residency agreement or proposed SDA residency agreement.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
A person must not, in relation to an SDA residency agreement, a proposed SDA residency agreement or a right under this Part, by threat or intimidation persuade or attempt to persuade a party to the SDA residency agreement or proposed SDA residency agreement not to exercise their rights to take or continue proceedings under this Part.
Penalty: 300 penalty units in the case of a natural person;750 penalty units in the case of a body corporate.
A person must not, in relation to an SDA residency agreement, a proposed SDA residency agreement or right under this Part, aid, abet, counsel or procure the commission of an offence against this Part.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.
A person must not demand or accept from an SDA resident under an SDA residency agreement who has failed to comply with the SDA residency agreement or with any provisions of this Part relating to the SDA residency agreement the payment by reason of the failure of any amount other than—
(a) subject to this Part, rent under the SDA residency agreement; or (b) an amount or penalty provided for in this Part.
Penalty: 300 penalty units in the case of a natural person; 750 penalty units in the case of a body corporate.