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This section includes resources developed through the Victorian Government-funded SDA projects. Resources may be relevant nationally and some content is Victorian specific. This section also includes resources and research developed from other relevant organisations.

Question: Can one house accommodate a combination of SDA residency agreements and residential rental agreements in Victoria?

Answer: No. Under the Victorian Residential Tenancies Act 1997 (RTA), there can only be one form of lease agreement in place in a dwelling at any given time i.e. Either the SDA Residency Agreement or the Residential Rental Agreement. The SDA Residency Agreement under Part 12A of the RTA provides strengthened protections specifically designed for people with disability living in SDA enrolled dwellings. The Residential Rental Agreement under Part 2 of the RTA provides for medium-or longer-term tenures, and provides mainstream rental protections for the broader private and government rental sectors, however, provides a lesser level of protection for people in disability residential settings.

Question: What should you do if someone’s application for SDA has been rejected due to ineligibility, but their intellectual disability compromises their capacity to independently sign a rental agreement?

Answer: This issue points to concerns with the existing lease agreement options and their applicability or otherwise to individuals living in SDA settings. The SDA Residency Agreement was designed to provide strengthened protections for people with disability living in group or individual rental settings and currently ties eligibility to SDA funding eligibility under the NDIS. NDS continues to advocate to government to amend the RTA to enable all people with disability access to appropriate tenancy protections. It is noted that Easy English agreements and information statements can now be found on the Resources for SDA providers - Consumer Affairs Victoria webpage

Question: How should SDA providers manage multiple services entering the property?

Answer: Under the NDIS the provision of Supported Independent Living (SIL) and SDA services has been separated. This separation of functions aims to improve the choice and control of SDA residents by enabling them to choose who provides their housing and who provides their support. It is critical that SDA and SIL providers enter into collaborative agreements for how they will work together in supporting residents, and to agree on and document roles and responsibilities in relation to supporting individual residents and households more broadly. This is particularly important for managing multiple support arrangements in a household.

Question: Should SIL providers pay occupancy fees?

Answer: No. The On-site Overnight Assistance (OOA) is funded through the NDIS Participant’s plan to the SDA provider. Hence, the SIL provider must not be requested to pay rent or other expenses relevant to occupancy of an SDA enrolled dwelling.

Question: Can a resident of a supported residential service (SRS) use their NDIS funds to contribute to their rent/fees payable to the SRS?

Answer: NDIS participants are responsible for their day-to-day living costs including rent, groceries etc. There are some limited circumstances where the NDIS may make a contribution to these costs. See the NDIA Home and Living Supports and Services webpage for more information.