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SDA providers must comply with relevant state legislation. Tenancy rights and Occupational Health and Safety responsibilities are examples of state-based obligations. In the absence of any applicable state or territory legislation, national requirements set by the NDIA or the Quality and Safeguards Commission prevail.

Ageing and Disability Commission Official Community Visitors
Official community visitors are empowered by law to visit disability accommodation services. The NSW Ageing and Disability Commission administers the Officer Community Visitor program.

Tenancy rights

The legislative instrument regulating SDA participant tenancy rights and protections in Victoria is the Residential Tenancies Act 1997 (RTA). SDA was removed from the Disability Act 2006 and included in the RTA under Part 12 A. Matters relating to SDA tenancy are regulated by Consumer Affairs Victoria (CAV).
Consumer Affairs Victoria

Further information regarding the transition from the Disability Act to the Residential Tenancies Act can be found in the SDA News tab.

There is currently a range of issues with the lease options available to people with disabilities in Victoria. It is expected that the RTA will be amended to address these concerns.

In the meantime, some disability houses have been gazetted under the Disability Act to provide higher tenancy protections for residents than those provided by standard leases under RTA. Such gazettal has implications for both the SDA and SIL providers.

Office of the Public Advocate Community Visitors

Community Visitors are empowered by law to visit disability accommodation services. The Office of the Public Advocate administers the Community Visitor program.

Occupational Health and Safety (OH&S)

The Occupational Health and Safety Act 2004 (OHS Act) is the main workplace health and safety law in Victoria. This is administered and regulated by WorkSafe Victoria.