National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018
In ForceCTH
Jurisdiction
Commonwealth
Collection
legislative instrument
Plain English Summary
5/10 complexity
This Rule imposes mandatory registration conditions on NDIS specialist disability accommodation (SDA) providers. It requires SDA to be delivered only in enrolled dwellings that meet enrolment and building/health-and-safety requirements, mandates written service agreements, obliges providers to allow access to other NDIS support providers, and caps resident numbers. It affects registered SDA providers and participants in SDA dwellings by creating enforceable compliance duties and applying 2020 amendments to registrations regardless of when they were made.
This Rule, the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018, sets specific registration conditions for specialist disability accommodation providers (SDA providers). Mechanically, it does the following.
Establishes that a registered NDIS provider who provides SDA must do so only in dwellings that are enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 (see definition of "enrolled" in s 4, and conditions in s 6(a)-(c)). A provider must not provide SDA in a dwelling unless it is enrolled, must not apply to enrol a dwelling unless the dwelling meets the requirements in subsection 25(4) of the SDA Rules 2020, and must ensure enrolled dwellings continue to meet those requirements (s 6).
Imposes an obligation to comply with applicable Commonwealth, State, Territory and local laws and building standards for each SDA dwelling and its management, and to ensure employees and engaged persons also comply with those laws and standards (s 8(a), (b)).
Requires written service agreements between the SDA provider and the participant before providing SDA, or alternatively the existence of a collaboratively developed proposed agreement that has been provided to the participant and under which SDA is supplied (s 9(1)(a)-(b)). Service agreements must set out rights and responsibilities (s 9(2)). There is an exception when the provider is the participant (s 9(3)).
Requires documented arrangements, where possible, between the SDA provider, the participant and the participant’s other NDIS providers who deliver supported independent living in an SDA dwelling, and an obligation to ensure access to the dwelling is provided to those other providers; where arrangements are used, they must establish collaborative parameters and set out rights and responsibilities (s 10(2)-(3)).
Current sections
Direct links to the current provisions in National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
15
Part 1
Preliminary
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
1
Name
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3
Authority
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4
Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2
Conditions of registration
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
Division 1
Introduction
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
5
Purpose of this Part
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2
Conditions of registration
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
6
Delivery of SDA only in enrolled dwellings
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8
Compliance with Laws
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9
Service agreements
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10
Access for providers of other supports
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11
Number of residents
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3
Application and transitional provisions
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
12
Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
Source text: opening excerpt
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
Limits the number of residents: providers must ensure no more residents are housed 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 the provider is a participant providing SDA to themselves, the provider may only house the participant’s spouse or de facto partner and children in addition to the participant (s 11(a)-(b)).
Treats the Rule as made under the NDIS Act 2013 (s 3) and adopts defined terms that reference the SDA Rules 2020 and the Act (s 4). It also contains an application/transitional provision that makes the amendments in Schedule 1 to the Specialist Disability Accommodation Conditions Amendment Rules 2020 applicable to registrations whether they occurred before, on or after commencement (s 12).
The instrument states its statutory purpose is the making of these conditions for the purpose of section 73H of the NDIS Act, and notes enforcement consequences in the Act (see s 5 which expressly links to s 73J civil penalty exposure, s 73F(2), s 73G(1) and the Commissioner’s power to vary registrations under s 73L). Those statutory cross-references locate the Rule as a conditions-setting instrument within the Act’s registration and enforcement framework.
The mechanical effect is regulatory: it converts enrolment status, inter-jurisdictional compliance, written contracting with participants, obligations to permit access for other providers, and headcounts into conditions of NDIS registration for SDA providers. Non-compliance therefore intersects with the Act’s enforcement tools referenced in the Rule.
Main concepts
This Rule organises a small set of regulatory concepts around SDA provision. Each is explicit in the text and carries specific operational implications.
Enrolment: "enrolled" in s 4 means a dwelling enrolled to provide SDA under the SDA Rules 2020. The Rule conditions performance of SDA on enrolment status (s 6(a)). Enrolment is therefore a gating mechanism; the Rule cross-links to subsection 25(4) of the SDA Rules 2020 for the substantive enrolment requirements (s 6(b), (c)).
Compliance with multi-level law and standards: s 8 requires SDA dwellings and their management to comply at all times with landlord, tenancy, building and health and safety laws of the relevant State or Territory and local government area, applicable building standards, and any other applicable Commonwealth, State or Territory and local government laws or standards. The provider must ensure the same of persons it employs or engages (s 8(b)). The Rule therefore embeds a multi-jurisdictional compliance obligation rather than creating its own standalone technical building or tenancy regime.
Service agreements and participant rights: s 9 imposes a written-agreement requirement or a documented proposed agreement prepared collaboratively with the participant and provided to them before the provider supplies SDA under it. The agreement must set out the rights and responsibilities of provider and participant (s 9(1)-(2)). There is an exception where the provider is also the participant (s 9(3)). This concept aligns registration conditions with contract formation and consumer information expectations.
Coordination of supports and access: s 10 addresses situations where participants receive both SDA and supported independent living from different providers. It requires, where possible, documented arrangements between the SDA provider, the participant and the participant’s other NDIS providers who deliver supported independent living in the SDA dwelling (s 10(2)(a)). It also obliges SDA providers to ensure access to the dwelling is provided to other providers of supports (s 10(2)(b)). If documented arrangements exist, they must set collaborative parameters and allocate rights and responsibilities (s 10(3)(a)-(b)).
Capacity limits: s 11 defines occupancy limits: no more residents than the enrolled number (s 11(a)). It also contains a specific condition for dwellings enrolled to house more than five long-term residents when that enrolment relies on the provider being a participant providing SDA to themselves, limiting additional residents to the participant’s spouse or de facto partner and children (s 11(b)).
Regulatory tiering and enforcement: the Rule is expressly made under the Act (s 3), is said to be for the purpose of s 73H (s 5(1)), and the instrument’s notes make explicit that breach of these conditions may attract civil penalties under s 73J of the Act and that the conditions are additional to others in the Act, those imposed by the Commissioner under s 73G(1), and those in the Provider Registration and Practice Standards Rules 2018 (s 5 notes). The Commissioner’s power to vary registration under s 73L is also referenced (s 5 note).
These concepts frame what providers must do and what they cannot do. The Rule does not set out detailed technical standards itself; rather it references enrolment criteria in the SDA Rules 2020 and requires adherence to existing jurisdictional landlord, tenancy, building and health and safety laws and applicable building standards. The instrument therefore operates as a registration-conditions matrix linking enrolment, contractual practices, multi-level legal compliance and inter-provider coordination to the status of being a registered SDA provider.
Who it affects
The Rule identifies specific classes of actors and the distribution of obligations among them.
Specialist disability accommodation providers. Defined in s 4 as a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports. These entities are the direct addressees of the registration conditions in Part 2, Division 2 (see s 6, s 8-s 11). The Rule makes the registration of such providers conditional on complying with the enumerated requirements.
Participants receiving SDA. The Rule affects participants indirectly by imposing a requirement that SDA only be provided under a written service agreement or a collaboratively developed proposed agreement provided to the participant (s 9(1)-(2)). The Rule also entitles participants’ other NDIS providers to access SDA dwellings in which they deliver supported independent living (s 10(2)(b)). Where documented arrangements are used, participants are among the signatories and must have rights and responsibilities recorded (s 10(2)(a), (3)).
Other NDIS providers delivering supported independent living. s 10 expressly contemplates and protects their access to SDA dwellings and requires, where possible, documented arrangements with the SDA provider and the participant. That creates obligations on SDA providers to facilitate coordination and to provide access.
Persons employed or engaged by SDA providers. s 8(b) requires providers to ensure such persons comply at all times with landlord, tenancy, building and health and safety laws, applicable building standards and any other applicable laws or standards. That places a compliance obligation on the employing provider to supervise, contractually bind or otherwise configure engagement arrangements.
Commissioners and administrative actors within the NDIS. The Rule operates within the Act’s registration and enforcement architecture. s 5 notes the Commissioner may vary a provider’s registration under s 73L of the Act and that other conditions can be imposed under s 73G(1). The Commissioner therefore exercises decision and enforcement discretion that affects providers’ registration status.
Owners and managers of dwellings where SDA is proposed or provided. The enrolment gate means owners and managers must meet subsection 25(4) of the SDA Rules 2020 before a dwelling can be enrolled (s 6(b)). Although the Rule does not itself regulate owners who are not registered SDA providers, the enrolment requirement materially affects the supply chain of SDA housing, because un-enrolled dwellings cannot lawfully be used to deliver SDA by registered providers (s 6(a)).
Who pays and who decides. The Rule assigns performance obligations to SDA providers. Therefore providers bear compliance costs: securing enrolment, ensuring building and tenancy compliance, documenting and maintaining service agreements and inter-provider arrangements, and ensuring staff compliance. The Commissioner and the NDIS administrative framework decide enrolment and registration outcomes and have powers to vary registration and enforce conditions under the Act as noted in s 5. Participants and other providers are recipients or co-actors in contractual and access arrangements but do not hold registration duties under this Rule.
Geographic and jurisdictional reach. s 8 explicitly requires compliance with State, Territory and local laws and standards in the place the SDA dwelling is located; therefore providers operating across jurisdictions face multi-jurisdictional compliance responsibilities. The Rule is instrument-level Commonwealth regulation that imports and reinforces those local legal obligations as registration conditions.
Key duties and rights
The Rule converts several obligations and entitlements into registration conditions for SDA providers. Below are the principal duties and the rights that follow.
Duties
Provision only in enrolled dwellings. Duty on providers not to provide SDA in a dwelling unless the dwelling is enrolled to provide SDA under the SDA Rules 2020 (s 6(a)). Duty not to apply to enrol dwellings unless they meet requirements in subsection 25(4) of the SDA Rules 2020 (s 6(b)). Ongoing duty to ensure enrolled dwellings continue to meet those requirements (s 6(c)). This is a continuous duty tied to the dwelling’s enrolled status.
Legal and standards compliance. Duty to ensure each SDA dwelling and its management complies at all times with landlord, tenancy, building and health and safety laws of the State or Territory and local government area, applicable building standards, and any other applicable laws or standards of the Commonwealth, State or Territory and local government area (s 8(a)). Duty to ensure employees or engaged persons comply with the same at all times (s 8(b)).
Service agreements. Duty not to provide SDA for a participant unless there is a written service agreement between provider and participant, or unless the provider has worked with the participant to establish a written service agreement, has provided a copy of the proposed agreement to the participant, and provides SDA in accordance with that proposed agreement (s 9(1)(a)-(b)). Duty to include terms setting out rights and responsibilities in the service agreement (s 9(2)). Exception when the provider is also the participant (s 9(3)).
Facilitation of access and collaboration. Duty to have documented arrangements with each participant, and their other NDIS providers who deliver supported independent living in an SDA dwelling, where possible (s 10(2)(a)). Duty to ensure access is provided to other providers of supports to participants residing in each SDA dwelling that the SDA provider provides (s 10(2)(b)). Where documented arrangements are in place, duty to establish collaborative parameters and to set out rights and responsibilities (s 10(3)).
Occupancy limits. Duty to ensure no more residents are housed in an SDA dwelling than the enrolled number (s 11(a)). For dwellings enrolled to house over five long-term residents on the basis the provider is a participant providing SDA to themselves, duty not to house any resident other than the participant’s spouse or de facto partner and children (s 11(b)).
Rights and entitlements
Implicit entitlement to supply SDA when enrolment and other conditions are met. The instrument conditions registration rather than prohibiting supply per se; a provider that satisfies enrolment and compliance conditions is permitted, by implication, to provide SDA in enrolled dwellings.
Right of a participant’s other NDIS providers to access SDA dwellings for provision of supports. s 10(2)(b) creates an entitlement in favour of other providers to access the dwelling, enforceable against the SDA provider as a registration condition.
Right for providers to rely on the SDA enrolment framework as the mechanism setting technical dwelling eligibility, via reference to subsection 25(4) of the SDA Rules 2020 (s 6(b)). The Rule defers the substantive technical standard setting to the SDA Rules 2020, which places the substantive dwelling design, construction or supply requirements in a different instrument.
Other operational consequences
The Rule makes contravention of these duties actionable under the registration framework. The notes in s 5 link breaches to potential civil penalties under s 73J of the Act and to Commissioner variation powers under s 73L, and explain that these conditions sit alongside other Act-based and rules-based conditions (s 5 notes). Therefore, these duties are not merely best practice, they are registration conditions enforceable under the Act’s penalty and variation powers.
These duties allocate responsibility for legal compliance, participant contracting, inter-provider coordination and occupancy control to the registered SDA provider. The Rule does not, however, specify penalty quantum or procedural enforcement steps; those are governed by the Act as referenced.
Penalties and enforcement
The Rule itself does not establish new penalty amounts or a standalone enforcement regime; it places registration conditions into the NDIS Act’s existing enforcement architecture. The instrument’s notes and cross-references point to the Act for enforcement mechanisms.
Civil penalties. s 5 Note 1 states that 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, and it directs the reader to section 73J of the Act. The Rule therefore makes clear that breach of the conditions enumerated in the instrument can attract civil penalties available under the Act, although the Rule does not specify penalty amounts or procedures; those are set out in the Act (see s 73J reference).
Commissioner variation powers. s 5 Note 3 notes that 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. This places the Commissioner’s variation power as a tool for administrative enforcement or regulatory calibration where a provider’s compliance, capacity or the supports they offer needs to be altered.
Additional conditions and registration architecture. s 5 Note 2 states that the conditions in this Part are in addition to those set out in the Act (subsection 73F(2)), those imposed by the Commissioner under subsection 73G(1) and those imposed under the National Disability Insurance Scheme (Provider Registration and Practice Standards) Rules 2018. Enforcement therefore occurs within a layered regulatory environment where multiple conditions and standards can be breached and where administrative remedies are available.
Indirect enforcement via enrolment. s 6 makes the provision of SDA conditional on enrolment under the SDA Rules 2020 (subsection 25(4)). Because the Rule ties the right to supply SDA to registered, enrolled dwellings, failure to maintain enrolment standards may lead to disciplinary steps such as variation or suspension of registration by the Commissioner, or denial of enrolment renewal. While the Rule does not explicate those enrolment or disciplinary procedures, the linkage to the Act indicates administrative instruments and enforcement powers elsewhere in the statutory framework will be engaged.
Contractual consequences. s 9 requires written service agreements or a collaboratively prepared proposed agreement. Failure to comply could create contractual disputes with participants and with other providers, and those disputes can have regulatory consequences where contract failure coincides with breaches of registration conditions.
Practical enforcement implications
The Rule places the primary compliance burden on providers, and the Act supplies enforcement tools. The Rule does not itself prescribe inspection regimes, notice periods, appeal rights, or specific penalty amounts; these matters are reserved to the Act and its enforcement regulations. Practitioners must therefore consult the Act for procedural enforcement detail, particularly the contents of s 73J (civil penalty exposure), s 73G(1) and s 73L (Commissioner variation power), and parallel Provider Registration and Practice Standards Rules 2018.
Transitional and retrospective application. s 12 states that the amendments in Schedule 1 to the 2020 Amendment Rules apply whether registration occurred before, on or after the commencement of the section. That creates an enforcement environment where the amended conditions can be applied to pre-existing registrations, potentially exposing existing providers to new enforcement risk if they do not meet the amended conditions.
In sum, enforcement of the Rule is anchored in the Act’s civil penalty and registration variation powers, and operationalised via enrolment-dependent access to the SDA market. The Rule signals that breaches are actionable, but the Act contains the specific enforcement procedures and penalties.
How it interacts with other laws
The Rule explicitly imports and defers to other instruments and multiple tiers of law, creating a compliance overlay that reaches beyond the instrument itself.
NDIS Act 2013. The Rule is made under the Act (s 3), is for the purpose of section 73H (s 5(1)) and repeatedly cross-references the Act’s registration and enforcement provisions: subsection 73F(2) (additional conditions), subsection 73G(1) (Commissioner-imposed conditions), section 73J (civil penalties), and section 73L (Commissioner variation power) are all cited in the notes to s 5. That locates the Rule within the Act’s registration regime and indicates that the Act provides the enforcement, penalty and administrative variation mechanisms for breach of the Rule’s conditions.
National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020. The Rule depends on the SDA Rules 2020 for key definitions and technical enrolment criteria. s 4 defines "enrolled" by reference to enrolment under the SDA Rules 2020, and s 6(b) requires providers not to apply to enrol dwellings unless they meet the requirements set out in subsection 25(4) of the SDA Rules 2020. The Rule therefore defers substantive dwelling eligibility and technical standards (for enrolment) to the SDA Rules 2020 rather than reproducing them.
Provider Registration and Practice Standards Rules 2018. s 5 Note 2 states the conditions in this Rule are in addition to those imposed under the Provider Registration and Practice Standards Rules 2018. That means SDA providers must meet both the conditions in this Rule and the provider registration and practice standards elsewhere.
State, Territory and local laws and standards. s 8 requires compliance at all times with landlord, tenancy, building and health and safety laws of the State or Territory and the local government area where the SDA dwelling is located, and with applicable building standards and any other applicable laws or standards of the Commonwealth, State or Territory and local government area. This is an explicit cross-jurisdictional interaction: the Rule does not replace local regulatory regimes, it makes adherence to them a registration condition for the Commonwealth-regulated SDA provider.
Contract law and tenancy law. s 9 requires written service agreements that set out rights and responsibilities. Those agreements will interact with State and Territory tenancy legislation, consumer protection law and general contract law. The Rule does not specify supremacy where contracts and tenancy laws conflict; instead s 8 requires compliance with local laws, implying that service agreements must be drafted to be consistent with applicable tenancy and property law.
Administrative law and decision-making. The Commissioner’s powers under the Act to vary registration (s 73L) and impose conditions (s 73G(1)) create an administrative interaction whereby decisions about registration scope, variation and enforcement of conditions may be subject to administrative law principles, merits review, or judicial review depending on the Act’s procedural architecture and review rights. The Rule itself does not specify review routes.
Transitional law. s 12 makes Schedule 1 amendments from the 2020 Amendment Rules applicable to registrations irrespective of their commencement date, creating an interaction between amendment instruments and existing registrations that has retrospective or retrospective-like effect in practice.
Operational interactions to note
Multi-layer compliance. Providers must navigate Commonwealth registration conditions, instrument-level enrolment requirements in the SDA Rules 2020, and local building, tenancy and health and safety law. s 8 expressly requires simultaneous compliance with those layers.
Delegation of technical standards. The Rule delegates dwelling technical standards and enrolment prerequisites to the SDA Rules 2020 rather than restating them; practitioners must therefore consult that instrument for the technical requirements referred to in s 6(b).
Contracting and access. The Rule creates contractual duties (s 9) and a right to access for other providers (s 10(2)(b)). That interaction can manifest in contract clauses, tenancy arrangements and access protocols that need to be consistent with local law obligations in s 8.
The Rule therefore functions as a connector across regulatory instruments: it ties the Commonwealth registration regime to the SDA Rules 2020 and to State/Territory/local legal frameworks, making compliance an exercise in multi-instrument alignment.
Amendment history
The instrument contains an express amendment/transitional provision and its name and authority are repeated in the text. Key points from the Rule itself:
Original instrument. The instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 (s 1). It is made under the National Disability Insurance Scheme Act 2013 (s 3).
2020 Amendment Rules (Schedule 1). Section 12 addresses the effect of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020. It states that the amendments made by Schedule 1 to those Amendment Rules 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 (s 12). That language places the Schedule 1 amendments on all registrations without temporal limitation.
Repeated text. The instrument as provided contains multiple repetitions of core provisions, including the definitions, Part 2 conditions and the s 12 transitional clause. The substantive amendment history expressly referenced in the Rule is the 2020 Amendment Rules; the instrument does not list earlier amendments within its own text beyond stating its original date as 2018 and the 2020 amendments in s 12.
Cross-reference-based evolution. The Rule also cross-references subordinate instruments that evolve separately, notably the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 and the Provider Registration and Practice Standards Rules 2018. Changes to those instruments will affect the application of the 2018 Conditions Rule because the Conditions Rule delegates substantive enrolment criteria and refers to those instruments. For example, s 6(b) incorporates the requirements of subsection 25(4) of the SDA Rules 2020 by reference; any amendment to the SDA Rules that alters subsection 25(4) will change the enrolment threshold for providers under s 6.
Application and transitional effect. s 12’s wording that Schedule 1 amendments apply whether registration occurred before, on or after the commencement means providers with pre-existing registrations cannot rely on being "grandfathered" out of the changed conditions; they are subject to the amendments in Schedule 1 regardless of registration date.
What is not in the Rule’s amendment history text
The Rule does not itself catalogue previous amendments beyond the 2020 Amendment Rules reference. It does not give dates of commencement for the 2020 amendments in the body of text provided, and it does not list subsequent amendments. Practitioners must therefore consult the legislative instrument register or the consolidated version of the Rule to determine chronological amendment specifics, commencement dates, or any further amendments not reflected in this text.
The instrument does not include transitional detail for particular classes of providers beyond the general application statement in s 12; it does not, for example, set staggered compliance periods or savings provisions for particular enrolment cohorts.
In practical terms, the Rule’s self-contained amendment history is short and focused: it establishes the 2018 Rule and makes the 2020 Schedule 1 amendments applicable across the board to all registrations. The Rule’s dependence on the SDA Rules 2020 and the Provider Registration Rules means its effective operation may vary as those instruments are amended.
Litigation history
The instrument’s text does not record any litigation history, nor does it name cases. The Rule contains internal notes linking to Act provisions that create enforcement rights and penalties, but it does not cite judicial decisions or administrative tribunal determinations.
Relevant points for practitioners seeking litigation or adjudicative context
Absence of cases in the instrument. The Rule itself is silent on any judicial interpretation or precedent. It does not identify any cases that have applied, interpreted or tested these conditions.
Enforcement pathways. The Rule references s 73J (civil penalties) and s 73L (Commissioner variation power) of the Act (s 5 notes). Any litigation or administrative proceedings arising from alleged breaches of these conditions would therefore be expected to engage the enforcement, penalty and review mechanisms established by the Act and by general administrative law. To determine litigation exposure or precedent, practitioners will need to search case law databases for decisions invoking s 73J, s 73L, or other Act provisions in the context of SDA registration conditions.
Potential loci of dispute. Based on the Rule’s content, likely litigation or administrative review axes (if disputes arise) include: whether a dwelling was properly enrolled under subsection 25(4) of the SDA Rules 2020 (relevant to s 6), whether the provider complied with multi-jurisdictional building, tenancy or health and safety laws (s 8), whether a service agreement satisfied s 9’s requirements, and whether an SDA provider improperly restricted access to other providers contrary to s 10(2)(b). These are plausible topics of dispute, but the Rule does not indicate whether such disputes have been litigated.
Administrative decisions subject to review. The Commissioner’s variation decisions under s 73L and registration decisions under the Act may be subject to administrative review or merits review depending on the review provisions in the Act and any enabling regulations. The Rule does not itself set out review rights or procedures.
Practitioners should therefore not rely on the Rule’s text for litigation precedent. To build a litigation history or to advise on likely judicial outcomes, one must consult case law, tribunal decisions and administrative determinations that are external to the instrument and that apply the Act’s enforcement provisions to breaches or disputes concerning these registration conditions.
Gotchas
This Rule contains several concrete traps-for-the-unwary that arise from its cross-references and continuous obligations.
Enrolment as an absolute gate. s 6(a) is categorical: the provider does not provide SDA in a dwelling unless that dwelling is enrolled. A provider who supplies SDA in a dwelling before enrolment, or in a dwelling that has lost or failed to maintain enrolment requirements, will be in breach of a registration condition. The Rule also requires providers not to apply to enrol a dwelling unless it meets subsection 25(4) of the SDA Rules 2020 (s 6(b)), and to ensure enrolled dwellings continue to meet those requirements (s 6(c)). Failure to track enrolment status and the ongoing meeting of the SDA Rules 2020 requirements can expose providers to regulatory action.
Reliance on external technical rules. The Rule defers technical requirements to subsection 25(4) of the SDA Rules 2020 but does not reproduce them. Practitioners who rely solely on the Conditions Rule without checking subsection 25(4) risk missing material technical enrolment prerequisites.
Continuous multi-jurisdictional compliance. s 8 mandates compliance at all times with landlord, tenancy, building and health and safety laws at State, Territory and local levels and with applicable building standards. Providers operating across jurisdictions may face differing or conflicting local requirements. The Rule imposes a continuous compliance obligation; it is not a one-off certification. Providers must monitor ongoing compliance with changes in local laws and building standards.
Employee and contractor compliance obligation. s 8(b) requires providers to ensure persons employed or otherwise engaged by the provider comply at all times with the relevant laws and standards. This may require contractual clauses, supervision, training, background checks, and compliance monitoring for staff and contractors, as the provider retains responsibility for their compliance.
Service agreement drafting pitfalls. s 9 requires written service agreements that set out rights and responsibilities, or a collaboratively prepared proposed agreement provided to the participant before provision of SDA. Providers who operate on verbal agreements, or who use standard tenancy agreements that do not separately capture the rights and responsibilities of SDA provision and supports coordination, risk non-compliance. The Rule does not prescribe the terms of the agreement, but requires rights and responsibilities to be set out in writing (s 9(2)).
Access for other providers. s 10(2)(b) requires SDA providers to ensure access to an SDA dwelling is provided to other providers of supports. Providers that impose restrictive access policies, or that have tenancy arrangements that limit third-party entry, may be in breach. The Rule requires, where possible, documented arrangements between the SDA provider, the participant and the participant’s other NDIS providers delivering supported independent living in the SDA dwelling (s 10(2)(a)). A "where possible" qualifier may raise evidentiary issues: what steps constitute "where possible"? The Rule does not define that threshold. Providers should document attempts at arrangement and reasons if arrangements are not possible.
Occupancy and "more than five" special rule. s 11(a) is straightforward: no more residents than the enrolled number. s 11(b) is more specific: for dwellings that are enrolled to house more than five long-term residents on the basis the provider is a participant providing SDA to themselves, the provider must not house any resident other than the participant’s spouse or de facto partner and children. This is a narrow exception and a potential compliance trap if providers use enrolment categories intended for single-person provision to house unrelated residents.
Retroactive application of 2020 amendments. s 12 states Schedule 1 to the 2020 Amendment Rules applies whether registration occurred before, on or after commencement. Providers with historic registrations could therefore be subject to new requirements without a phased-in compliance window. Providers must check whether Schedule 1 introduced changes requiring immediate action.
Interaction with tenancy and property law. The Rule requires compliance with landlord and tenancy laws (s 8), but also requires providers to grant access to other providers (s 10(2)(b)) and to control occupancy numbers (s 11). These obligations will need to be reconciled with lease terms, property manager obligations and privacy rights. Absent explicit conflict-resolution guidance in the Rule, providers must ensure agreements and tenancy arrangements are drafted to reconcile these obligations.
Record-keeping and evidentiary burden. The Rule requires continuous compliance but does not specify record-keeping periods. In the absence of express records rules, providers should assume they will need documentary evidence of enrolment, compliance checks, building standard adherence, staff compliance, service agreements and documented arrangements with other providers. Lacking documentation makes defending compliance in enforcement proceedings difficult.
Each "gotcha" arises from a specific provision. The practical mitigation is documentation, cross-instrument review (particularly of the SDA Rules 2020 and relevant state/territory/local laws), proactive contract drafting and operational processes to monitor enrolment, building compliance and access arrangements.
How to comply
To meet the Rule’s conditions and minimise enforcement risk, SDA providers should adopt a compliance programme that maps each statutory duty to practical controls. The following is a structured, text-grounded checklist mapped to the Rule’s provisions.
Confirm registration scope and enrolment status (s 6).
Before offering SDA, verify the dwelling is officially enrolled under the SDA Rules 2020. s 6(a) forbids providing SDA in any non-enrolled dwelling.
Review subsection 25(4) of the SDA Rules 2020 to confirm the dwelling meets the technical and eligibility requirements that s 6(b) references. Do not lodge an enrolment application unless those requirements are met.
Maintain an active enrolment monitoring process to ensure enrolled dwellings continue to meet those requirements (s 6(c)). Record periodic checks and remediation actions.
Implement multi-jurisdictional legal compliance controls (s 8).
Compile an inventory of landlord, tenancy, building and health and safety laws, and applicable building standards and codes, for each jurisdiction and local government area where dwellings are located. s 8(a) requires compliance with those laws at all times.
Undertake regular building inspections and certification reviews, and retain evidence that applicable building standards are met.
Incorporate compliance obligations into procurement and contractor management processes to ensure that any engaged persons meet legal and standards obligations (s 8(b)). Use robust engagement contracts that allocate compliance responsibilities and audit rights.
Standardise service agreements (s 9).
Prepare a written service agreement template that meets s 9(2) by explicitly recording the rights and responsibilities of the provider and the participant.
Where a participant and provider are developing a proposed agreement, ensure the provider has worked with the participant to establish the agreement, provided a copy to the participant, and then provides SDA in accordance with the proposed terms (s 9(1)(b)). Maintain records of the collaborative process and of delivery consistent with the proposed terms.
Ensure the template addresses intersections with tenancy law and does not contain clauses inconsistent with applicable landlord/tenant legislation (per s 8).
Arrange coordination and access protocols (s 10).
Where participants receive supports from other NDIS providers delivering supported independent living in an SDA dwelling, document arrangements among the participant, the SDA provider and the other providers (s 10(2)(a)). Ensure these arrangements set out collaborative parameters and the parties’ rights and responsibilities (s 10(3)(a)-(b)).
Implement access protocols that allow other providers to enter the dwelling to deliver supports, consistent with participant consent and privacy obligations (s 10(2)(b)). Maintain logs of access requests and entries.
Where “documented arrangements” cannot be put in place, document efforts made and reasons why arrangements were not possible; the Rule’s "where possible" qualifier creates an evidentiary need to show attempts were made.
Enforce occupancy limits and special rules (s 11).
Maintain occupancy registers that show the number of residents in each registered dwelling and verify compliance with the dwelling’s enrolled capacity (s 11(a)).
For dwellings enrolled to house more than five long-term residents on the basis the provider is a participant providing SDA to themselves, ensure no residents other than the participant’s spouse or de facto partner and children are housed (s 11(b)). Document the enrolment basis and the household composition to demonstrate compliance.
Record keeping and auditability.
Keep contemporaneous records demonstrating enrolment, conformity with subsection 25(4) of the SDA Rules 2020, building and safety compliance, service agreements and documented arrangements for access and other providers.
Establish an internal audit schedule to review compliance at least annually, or more frequently in high-risk jurisdictions or dwellings.
Retain records of staff and contractor compliance training, engagement contracts, background checks where relevant, and supervision practices to demonstrate compliance with s 8(b).
Governance and escalation.
Nominate a compliance officer or team responsible for SDA conditions compliance, including enrolment administration and coordination with the Commissioner where registration variation or reporting is necessary.
Develop an incident response plan for events that could affect compliance with building, health or safety laws, or that could affect enrolment status. The plan should include immediate steps to remediate, communication with participants and other providers, and notification to the NDIS where required.
Monitor legislative and instrument changes.
Regularly review updates to the NDIS Act, the SDA Rules 2020 (particularly subsection 25(4)), the Provider Registration and Practice Standards Rules 2018, and State/Territory/local laws that affect landlord, tenancy, building and health and safety obligations.
Note that s 12 makes Schedule 1 amendments from 2020 applicable irrespective of prior registration date; ensure that any amendments of similar retroactive application are identified and implemented promptly.
Contractual drafting and risk allocation.
Draft service agreements and any tenancy or management contracts to align with s 9 and s 8. Ensure clauses permit access by other providers in accordance with s 10(2)(b) and that terms do not conflict with local landlord/tenant laws.
Use indemnities, warranties and compliance covenants in contractor and service provider contracts to ensure third-party compliance and to allocate risk.
Prepare for enforcement and administrative interaction.
Understand that breaches of these conditions can attract civil penalties under s 73J of the Act and administrative variations under s 73L, as referenced in s 5. Build a compliance programme that can evidence steps taken to comply and to remediate where issues occur.
Where the Commissioner proposes variation or other administrative action, be prepared to engage in administrative processes and legal review as required by the Act.
Following these steps maps the Rule’s textual obligations to operational controls. The Rule leaves substantive technical standards to the SDA Rules 2020 and enforcement processes to the Act; compliance therefore requires practitioners to coordinate across instruments and across tiers of law, maintain documentation and implement ongoing monitoring.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
Part 3—Application and transitional provisions
Division 1—Application and transitional provisions relating to the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
12 Amendments made by the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Amendment Rules 2020
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.
1 Name
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 Conditions of registration
Part 1 - Preliminary
1 Name
This instrument is the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
3 Authority
This instrument is made under the National Disability Insurance Scheme Act 2013.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 9 of the Act, including the following:
Act means the National Disability Insurance Scheme Act 2013.
applicant means a person or entity who has made an application for registration under section 73C of the Act.
enrolled, in relation to a dwelling, means a dwelling enrolled to provide SDA under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
SDA means specialist disability accommodation.
specialist disability accommodation has the same meaning as in the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020.
specialist disability accommodation provider means a registered NDIS provider whose registration includes the provision of specialist disability accommodation supports.
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.
Part 2 – Conditions of registration
Division 1 – Introduction
5 Purpose of this Part
(1) This Part is made for the purpose of section 73H of the Act.
(2) It sets out the conditions that apply to specialist disability accommodation providers.
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).
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.
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.
Division 2 – Conditions of registration
6 Delivery of SDA only in enrolled dwellings
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the provider does not provide SDA in a dwelling, unless that dwelling is enrolled;
(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;
(c) the provider ensures that all of the provider’s enrolled dwellings continue to meet those requirements.
8 Compliance with Laws
The registration of a specialist disability accommodation provider is subject to the following conditions:
(a) the specialist disability accommodation provider must ensure that each SDA dwelling provided, and the management of it, complies at all times with:
(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
(ii) applicable building standards; and
(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
(b) the specialist disability accommodation provider must ensure that any persons employed or otherwise engaged by the provider comply at all times with:
(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
(ii) applicable building standards and codes; and
(iii) any other applicable laws or standards of the Commonwealth, State or Territory and local government area in which the SDA dwelling is located.
9 Service agreements
(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:
(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
(b) the specialist disability accommodation provider:
(i) has worked with the participant to establish a written service agreement in relation to the provision of SDA;
(ii) has provided a copy of the proposed agreement to the participant; and
(iii) provides SDA to the participant in accordance with the terms of the proposed agreement.
(2) The service agreement must include terms that set out the rights and responsibilities for the specialist disability accommodation provider and the participant.
(3) This section does not apply, if the specialist disability accommodation provider is also the participant, receiving SDA from himself or herself.
10 Access for providers of other supports
(1) The section applies where a specialist disability accommodation provider, provides this support to a participant that also requires supports from other NDIS providers.
(2) The registration of a specialist disability accommodation provider is subject to the following conditions:
(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
(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.
(3) If documented arrangements are put in place into pursuant to paragraph (2)(a), the arrangements must:
(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
(b) set out the rights and responsibilities of the specialist disability accommodation provider, the participant’s other NDIS providers and the participant.
11 Number of residents
The registration of a specialist disability accommodation provider is
This is an opening excerpt, not the complete document.