National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018
Part 3Application and transitional provisions
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Turn the raw legal text into a practical explanation grounded in National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018.
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.