{"id":"F2018L00627","name":"National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018","slug":"national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100044,"registerId":"commonwealth-F2018L00627-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1 - Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.\n\n  \n\n## Part 2 – Conditions of registration\n\n### Division 1 – Introduction\n\n#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.\n\n  \n\n### Division 2 – Conditions of registration\n\n#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.\n\n#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.\n\n#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.\n\n#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.\n\n#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.\n\n  \n\n## Part 3—Application and transitional provisions\n\n### Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Conditions of registration","content":"## Part 1 - Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.\n\n  \n\n## Part 2 – Conditions of registration\n\n### Division 1 – Introduction\n\n#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.\n\n  \n\n### Division 2 – Conditions of registration\n\n#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.\n\n#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.\n\n#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.\n\n#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.\n\n#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.\n\n  \n\n## Part 3—Application and transitional provisions\n\n### Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Introduction","content":"## Part 1 - Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.\n\n  \n\n## Part 2 – Conditions of registration\n\n### Division 1 – Introduction\n\n#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.\n\n  \n\n### Division 2 – Conditions of registration\n\n#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.\n\n#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.\n\n#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.\n\n#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.\n\n#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.\n\n  \n\n## Part 3—Application and transitional provisions\n\n### Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Purpose of this Part","content":"#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.","sortOrder":6},{"sectionNumber":"Division 2","sectionType":"division","heading":"Conditions of registration","content":"## Part 1 - Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.\n\n  \n\n## Part 2 – Conditions of registration\n\n### Division 1 – Introduction\n\n#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.\n\n  \n\n### Division 2 – Conditions of registration\n\n#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.\n\n#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.\n\n#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.\n\n#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.\n\n#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.\n\n  \n\n## Part 3—Application and transitional provisions\n\n### Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Delivery of SDA only in enrolled dwellings","content":"#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Compliance with Laws","content":"#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Service agreements","content":"#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Access for providers of other supports","content":"#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Number of residents","content":"#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.","sortOrder":12},{"sectionNumber":"Part 3","sectionType":"part","heading":"Application and transitional provisions","content":"## Part 1 - Preliminary\n\n#### 1 Name\n\n  This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.\n\n#### 3 Authority\n\n  This instrument is made under the National Disability Insurance Scheme Act 2013.\n\n#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:\n\n    (a) Commissioner;\n    (b) participant;\n    (c) registered NDIS provider.\n  In this instrument:\n\n> Act means the National Disability Insurance Scheme Act 2013.\n\n> applicant means a person or entity who has made an application for registration under section 73C of the Act.\n\n> enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> SDA means specialist disability accommodation.\n\n> specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.\n\n> specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.\n\n> supported independent living means assistance with and/or supervising tasks of daily life to develop the skills of individuals to live as autonomously as possible.\n\n  \n\n## Part 2 – Conditions of registration\n\n### Division 1 – Introduction\n\n#### 5 Purpose of this Part\n\n  (1) This Part is made for the purpose of section 73H of the Act.\n  (2) It sets out the conditions that apply to specialist disability accommodation providers.\n\n> Note 1: A registered NDIS provider may be liable to a civil penalty if the provider breaches a condition to which the provider’s registration is subject (see section 73J of the Act).\n\n> Note 2: The conditions in this Part are in addition to those set out in the Act (see subsection 73F(2) of the Act), those imposed by the Commissioner under subsection 73G(1) of the Act and those imposed under the National Disability Insurances Scheme (Provider Registration and Practice Standards) Rules 2018.\n\n> Note 3: The Commissioner may vary the registration of a specialist disability accommodation provider to extend, modify or reduce the supports or services the provider is registered to provide under section 73L of the Act.\n\n  \n\n### Division 2 – Conditions of registration\n\n#### 6 Delivery of SDA only in enrolled dwellings\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;\n    (b) the provider does not apply to enrol a dwelling unless the dwelling meets the requirements set out in subsection 25(4) of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020;\n    (c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.\n\n#### 8 Compliance with Laws\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located; and\n    (b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:\n    (i) the landlord, tenancy, building, and health and safety laws of the State or Territory and local government area in which the SDA dwelling is located; and\n    (ii) applicable building standards and codes; and\n    (iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.\n\n#### 9 Service agreements\n\n  (1) Subject to subsection (3), the registration of a specialist disability accommodation provider is subject to a condition that the specialist disability accommodation provider must not provide SDA for a participant unless either:\n    (a) a written service agreement has been entered into between the specialist disability accommodation provider and the participant in relation to the provision of the SDA; or\n    (b) the specialist disability accommodation provider:\n    (i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;\n    (ii) has provided a copy of the proposed agreement to the participant; and\n    (iii) provides SDA to the participant in accordance with the terms of the proposed agreement.\n  (2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.\n  (3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.\n\n#### 10 Access for providers of other supports\n\n  (1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.\n  (2) The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) where possible, that provider must have documented arrangements with each participant, and each participant’s other NDIS providers who deliver supported independent living in an SDA dwelling; and\n    (b) that the specialist disability accommodation provider ensures that access to an SDA dwelling is provided to providers of other supports to participants residing in each SDA dwelling that they provide.\n  (3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:\n    (a) establish parameters that facilitate a collaborative working arrangement between the participant and all of the participants’ NDIS providers to ensure smooth delivery of services; and\n    (b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.\n\n#### 11 Number of residents\n\n  The registration of a specialist disability accommodation provider is subject to the following conditions:\n    (a) a specialist disability accommodation provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled; and\n    (b) in the case of dwellings that are enrolled to house more than five long-term residents on the basis that the provider is a participant providing SDA to themselves, the specialist disability accommodation provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children.\n\n  \n\n## Part 3—Application and transitional provisions\n\n### Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020","content":"#### 12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020\n\n  The amendments made by Schedule 1 to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020 apply in relation to the registration of a specialist disability accommodation provider whether the registration occurred before, on or after the commencement of this section.","sortOrder":15}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of setting registration conditions for SDA providers. The 2020 amendments (referenced in Part 3) appear to be technical updates rather than scope expansion, applying to all registrations regardless of when they occurred."},"complexity_factors":["Multiple cross-references to other legislation (NDIS Act 2013, SDA Rules 2020, Provider Registration and Practice Standards Rules 2018)","Nested conditional logic in section 9 (service agreements) with exception in subsection (3)","Dual compliance obligations in section 8 (property AND personnel compliance)","Specific exception for self-providers in section 11(b) regarding occupancy limits","7 defined terms in section 4, with additional undefined terms referenced from the parent Act","Layered structure with Parts, Divisions, and subsections creating navigation complexity"],"plain_english_summary":"This legislation sets mandatory conditions for organisations offering Specialist Disability Accommodation (SDA) under the NDIS, governing which dwellings can be used, how they must be run, and how providers must work with participants and other support services. \n\nIt affects SDA providers, NDIS participants who need specially designed housing, and other support providers — protecting residents by ensuring safe, lawful, coordinated housing and preventing substandard or exclusionary practices."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Section 12 makes the 2020 amendments applicable to provider registrations whether those registrations occurred before, on or after the commencement of the amendments. That extends the reach of the amended conditions to existing registrants rather than limiting them to new registrations, which meaningfully broadens the population required to comply. The instrument therefore increases regulatory obligations on incumbents (additional or amended service, enrolment, access and resident‑number conditions) compared with a model that only applied changes prospectively."},"complexity_factors":["Short instrument with limited Parts/sections (Parts 1–3; main operative rules in Part 2).","About 6 defined or referenced terms in the instrument itself (Act, applicant, enrolled, SDA, specialist disability accommodation, specialist disability accommodation provider, supported independent living).","Multiple cross-references to the NDIS Act (sections 73F, 73G, 73H, 73J, 73L referenced in notes) and to the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (notably subsection 25(4)).","Nested conditions and subparagraphs in sections 6, 8, 9, 10 and 11 (several layers of (a)/(b)/(i)/(ii)/(iii)).","Obligations import external regulatory regimes (state/territory/local landlord, tenancy, building, health and safety laws and building standards), increasing situational complexity despite textual brevity.","Transitional clause (section 12) that applies amendments retrospectively to existing registrations — adds implementation complexity for incumbents and regulators."],"plain_english_summary":"**What this rule does (mechanically)**\n\n- Sets a package of registration conditions that apply specifically to Specialist Disability Accommodation (SDA) providers (see Part 2). Key, enforceable conditions are:\n  - SDA may only be provided in dwellings that are formally enrolled as SDA dwellings (section 6(a)). Providers may only apply to enrol dwellings that meet the enrolment requirements in the SDA Rules 2020 (section 6(b)) and must ensure enrolled dwellings continue to meet those requirements (section 6(c)).\n  - SDA dwellings and their management must comply at all times with relevant landlord, tenancy, building, health and safety laws and applicable building standards and other applicable Commonwealth, State, Territory and local laws; providers must ensure their staff and contractors also comply (section 8).\n  - Providers must have a written service agreement with each participant receiving SDA (section 9). If a final written agreement is not signed immediately, the provider may only provide SDA after working with the participant to establish a written service agreement, giving the participant a copy of the proposed agreement, and providing SDA in accordance with the proposed agreement (section 9(1)(b)). (Exception: where the provider is the participant themself — section 9(3)).\n  - Where participants in an SDA dwelling also receive supports (such as supported independent living) from other NDIS providers, the SDA provider must, where possible, have documented arrangements with the participant and the participant’s other providers and must allow access to the dwelling by those other providers; any documented arrangements must set out collaborative parameters and rights/responsibilities (section 10).\n  - Providers must not house more residents in an SDA dwelling than the number for which the dwelling is enrolled; and for dwellings enrolled to house more than five long‑term residents on the basis that the provider is the participant providing SDA to themselves, no other residents are allowed except the participant’s spouse/de facto partner and children (section 11).\n  - Amendments made by the 2020 Amendment Rules apply to provider registrations whether the registration occurred before, on or after that commencement date (transitional application — section 12).\n\n- The instrument is made under the National Disability Insurance Scheme Act 2013 (Authority — section 3) and relies on definitions in the Act and in the SDA Rules 2020 (Definitions — section 4).\n\n**Who is affected**\n\n- Registered NDIS providers whose registration includes SDA (called specialist disability accommodation providers).\n- Participants who live in or seek SDA, because the rule governs the written agreement, number of residents, and who may provide supports in the dwelling.\n- Other NDIS providers delivering supports (e.g. supported independent living) who need access to SDA dwellings and collaborative arrangements.\n- Owners/managers of dwellings that are (or will be) enrolled as SDA (because of enrolment and ongoing compliance requirements).\n- State/Territory and local regulators indirectly, because providers must ensure compliance with local landlord, building and safety laws.\n\n**Why it matters (practical effects, costs and incentives)**\n\n- Enrolment as a precondition (s6) limits where SDA can be delivered. Providers must invest time and money to enrol dwellings and keep them meeting the SDA Rules 2020 standards (ongoing compliance cost).\n- The requirement to comply with multiple layers of law and building standards (s8) creates an explicit legal duty on providers for property condition and management — this raises operating costs and exposes providers to enforcement risk under state/local regimes as well as potential NDIS civil penalties (the instrument notes civil penalty exposure under s73J of the Act).\n- Mandatory written service agreements (s9) increase administrative burden (drafting, negotiation, recordkeeping). The temporary allowance to provide SDA under a proposed agreement (s9(1)(b)) mitigates short-term access disruption but still requires providers to engage participants in establishing agreements before or while supports commence.\n- The access/collaboration condition (s10) requires providers to coordinate with other support providers and to allow those providers access to dwellings. Operationally this creates additional scheduling, privacy/consent and property access issues for providers and may require written protocols.\n- Limits on resident numbers (s11) restrict dwelling density for SDA. For dwellings enrolled for more than five long‑term residents where the provider is the participant, the rule expressly limits additional residents to immediate family only — this changes what kinds of shared‑housing models are permissible under those specific enrolments.\n- The transitional clause (s12) applies 2020 amendments to existing registrations, increasing the population of providers required to comply with any new or amended obligations — this raises compliance costs for incumbents and may require retrofitting of dwellings or changes to operating arrangements.\n\n**Trade-offs, risks and implementation points**\n\n- Trade-off between participant protections and provider costs: many provisions (service agreements, building/compliance checks, access arrangements) aim to standardise protections and coordination, but they raise provider compliance and operating costs that may be passed on (e.g. through pricing or reduced supply).\n- Cross-jurisdiction risk: the rule places affirmative duties on providers to meet state/territory/local laws (s8). Where local requirements vary, providers need robust processes to track and evidence compliance in each location.\n- Administrative burden and monitoring: the Commissioner retains power to vary registrations (noted in Part 2 introduction referencing s73L of the Act) and providers face civil penalty exposure for breaches (note referencing s73J). Effective implementation depends on registration/monitoring capacity and clear guidance about how the Commissioner will exercise discretion.\n\n**Relevant citations**\n- Enrolment requirement: section 6\n- Compliance with laws: section 8\n- Service agreements: section 9\n- Access for other providers / collaboration: section 10\n- Number of residents and family exception: section 11\n- Transitional application of 2020 amendments: section 12\n- Authority and definitions: sections 3–4; purpose and enforcement notes cross‑refer to the NDIS Act (sections 73F, 73G, 73H, 73J, 73L as noted in the instrument)."}},"importantCases":[],"_links":{"self":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018","history":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018/history","analysis":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018/analysis","conflicts":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018/conflicts","importantCases":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018/important-cases","documents":"/api/acts/national-disability-insurance-scheme-specialist-disability-accommodation-conditions-rule-2018/documents"}}