236Declaration of residential service as a group home

236 Declaration of residential service as a group home (1) Subject to subsection (2), on and from the commencement day, a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, ceases to be a group home for the purposes of this Act if the following criteria are met— (a) the group home is an SDA enrolled dwelling; and (b) each resident in the group home— S. 236(1)(b)(i) amended by No. 19/2019 s. 146(6). (i) is living in the SDA enrolled dwelling that is under a residential rental agreement within the meaning of the **Residential Tenancies Act 1997** and that agreement has commenced; or (ii) has entered into an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; or (iii) has worked with an SDA provider to establish an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; and (c) the relevant SDA provider has given to the Secretary written notice of the event referred to in paragraph (b). (2) If, 6 months after the commencement day, the criteria referred to in subsection (1) are not met by a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, the residential service ceases to be a group home for the purposes of this Act. (3) Nothing in this section prevents a declaration being made under section 64(1) after the commencement day in respect of a residential service to which this section applies. (4) In this section— ***commencement day*** means the day on which section 125 of the **Disability (National Disability Insurance Scheme Transition) Amendment Act 2019** comes into operation. New s. 237 inserted by No. 19/2019 s. 125.