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.