National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016

Commonwealth Coat of Arms

National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016

made under section 209 of the

National Disability Insurance Scheme Act 2013

Compilation No. 2

Compilation date: 27 March 2019

Includes amendments up to: National Disability Insurance Scheme Amendment (Specialist Disability Accommodation) Rules 2019 – F2019L00406

About this compilation

This compilation

This is a compilation of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 that shows the text of the law as amended and in force on 27 March 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1 What these Rules are about

Part 2 Outline of these Rules

Introduction

Outline

Part 3 Eligibility for SDA

SDA assessment criteria

Materials that may be used in assessment

Part 4 Determining the SDA type and location

Determining the design category

Determining the building type

Determining the location

Participants already residing in SDA who wish to stay there

Support coordination

Part 5 Specifying SDA in a participant’s plan

Specifying the provider or dwelling

Interaction with National Disability Insurance Scheme (Plan Management) Rules 2013

Plan reviews

Part 6 Requirements for SDA to be funded

Division 1General Requirements

The participant resides in the dwelling

Division 2 Enrolment of dwellings by registered providers of supports

Density restriction

Part 7 Registration of SDA providers who are registered providers of supports

Introduction

Requirement for SDA providers to be registered

Additional criteria for approval as a registered provider of supports

Additional requirements for registered providers providing SDA

Revocation of approval

Part 8 Other matters

Citation

Interpretation

Part 1 What these Rules are about

1.1 Each participant in the NDIS will have a plan, prepared in conjunction with the participant and approved by the CEO of the Agency. Among other things, a participant’s plan sets out the supports that will be funded for the participant. 1.2 One of the supports that may be funded for some participants who have an extreme functional impairment or very high support needs is SDA. SDA refers to accommodation for people who require specialist housing solutions, including to assist with the delivery of supports that cater for their extreme functional impairment or very high support needs. SDA does not refer to the support services, but the homes in which these are delivered. SDA may, for example, have specialist designs for people with very high needs or a location or features that make it feasible to provide complex or costly supports for independent living. 1.3 These Rules deal with a number of matters relating to the funding of SDA for participants, including who may receive SDA and how it will be provided. 1.4 The Act sets out a number of objects for the NDIS. The objects that are particularly relevant to these Rules are the following: (a) supporting the independence and social and economic participation of people with disability; (b) providing reasonable and necessary supports, including early intervention supports, for participants in the National Disability Insurance Scheme launch; (c) enabling people with disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports; (d) promoting the provision of high quality and innovative supports that enable people with disability to maximise independent lifestyles and full inclusion in the community. 1.5 In giving effect to these objects, regard is to be had to the need to ensure the financial sustainability of the NDIS. 1.6 The Act also sets out a number of principles for the NDIS. The principles that are particularly relevant to these Rules are the following: (a) people with disability have the same right as other members of Australian society to realise their potential for physical, social, emotional and intellectual development; (b) people with disability should be supported to participate in and contribute to social and economic life to the extent of their ability; (c) people with disability and their families and carers should have certainty that people with disability will receive the care and support they need over their lifetime; (d) people with disability should be supported to receive reasonable and necessary supports, including early intervention supports; (e) reasonable and necessary supports for people with disability should: (i) support people with disability to pursue their goals and maximise their independence; (ii) support people with disability to live independently and to be included in the community as fully participating citizens; and (iii) develop and support the capacity of people with disability to undertake activities that enable them to participate in the community and in employment; (f) the role of families, carers and other significant persons in the lives of people with disability is to be acknowledged and respected; (g) people with disability should be supported to receive supports outside the NDIS, and be assisted to coordinate these supports with the supports provided under the NDIS.

Part 2 Outline of these Rules

Introduction

2.1 Once a person becomes a participant in the NDIS, they develop a plan with the Agency. The plan comprises: (a) the participant’s statement of goals and aspirations, which is prepared by the participant and specifies their goals, objectives, aspirations and circumstances; and (b) the statement of participant supports, which is prepared with the participant and approved by the CEO, and sets out, among other matters, the supports that will be provided or funded by the NDIS. 2.2 A participant’s plan can be reviewed at various stages. The CEO may conduct a review of the plan at the request of a participant, or at any time on the initiative of the CEO. The plan will also state a date by which, or circumstances in which, the plan is to be reviewed. 2.3 As part of the process of developing or reviewing a participant’s plan, consideration will be given to whether SDA is to be funded for a participant. 2.4 These Rules are to be applied in deciding whether to fund SDA for a participant. Among other things, they deal with the criteria for assessing whether SDA may be funded for a participant and for determining the appropriate SDA type (design category and building type) and location for a participant. 2.5 However, the CEO will also need to have regard to a range of other matters in the Act in making this decision. For example, in relation to each support to be provided or funded, including SDA, the CEO needs to be satisfied that: (a) the support will assist the participant to pursue the goals, objectives and aspirations included in the participant’s statement of goals and aspirations; (b) the support will assist the participant to undertake activities, so as to facilitate the participant’s social and economic participation; (c) the support represents value for money in that the costs of the support are reasonable, relative both to the benefits achieved and the cost of alternative support; (d) the support will be, or is likely to be, effective and beneficial for the participant, having regard to current good practice; (e) the funding or provision of the support takes account of what it is reasonable to expect families, carers, informal networks and the community to provide; and (f) the support is most appropriately funded or provided through the NDIS, and is not more appropriately funded or provided through other general systems of service delivery or support services offered by a person, agency or body, or systems of service delivery or support services offered: (i) as part of a universal service obligation; or (ii) in accordance with reasonable adjustments required under a law dealing with discrimination on the basis of disability. 2.6 The CEO will also need to apply the National Disability Insurance Scheme (Supports for Participants) Rules 2013 in deciding whether to approve a statement of participant supports. 2.7 SDA included in a participant’s plan will be able to be funded for the participant, provided also that a number of other requirements are met, including that the SDA provider is a registered provider of supports or a registered NDIS provider and that the dwelling has been enrolled by the provider. 2.8 These Rules do not replace or modify any of the other NDIS Rules, except where this is clearly indicated.

Paragraphs 2.1-2.2 summarise aspects of sections 33 and 48 of the Act. Paragraph 2.5 summarises aspects of sections 33 and 34 of the Act.

Outline

2.9 Part 3 sets out the criteria to be applied in deciding whether SDA may be funded for a participant, and the materials that may be used in assessing relevant matters. 2.10 Part 4 deals with the determination of the appropriate SDA type and location for a participant. It also deals with the situation where a participant is already residing in an SDA dwelling and wishes to continue to reside there for a period of time. 2.11 Part 5 deals with how SDA will be specified in a participant’s plan. 2.12 Part 6 deals with other requirements that must be met in order for SDA included in a participant’s plan to be funded, including the requirement to enrol SDA dwellings. 2.13 Part 7 deals with the requirement for providers of SDA funded under the NDIS in host jurisdictions that are not participating jurisdictions to be registered providers of supports, and additional SDA-specific requirements that apply to them. 2.14 Part 8 provides for other matters, such as how these Rules are to be interpreted.

Part 3 Eligibility for SDA

3.1 A participant is eligible for SDA if the participant meets the assessment criteria in paragraphs 3.4-3.8.

SDA assessment criteria

3.4 A participant meets the SDA assessment criteria if either: (a) the participant has an extreme functional impairment and requires an SDA response (see paragraphs 3.5-3.6); or (b) the participant has very high support needs most appropriately met by an SDA response (see paragraphs 3.7-3.8).

Extreme functional impairment and requires an SDA response

3.5 A participant has an extreme functional impairment if: (a) the impairment results in an extremely reduced functional capacity of the participant to undertake one or more of the activities of mobility, self-care or self-management; and (b) the participant has a very high need for person to person supports in undertaking the activity even with assistive technology, equipment or home modifications. 3.6 The participant requires an SDA response if, when compared to other supports alone, combined SDA and other supports: (a) would be likely to better assist the participant to pursue the goals, objectives and aspirations in the participant’s statement of goals and aspirations; (b) would be likely to be more effective and beneficial, having regard to current good practice, including because of the extent to which it would, where possible: (i) mitigate or alleviate the impact of the participant’s impairment upon their functional capacity; (ii) prevent the deterioration of their functional capacity; (iii) improve their functional capacity; (iv) maintain or promote the participant’s ability to build capacity, including in the medium or long term; or (v) maintain or enhance the participant’s opportunities to develop skills; (c) would represent better value for money; and (d) would promote stability and continuity of supports, particularly for participants currently residing in SDA.

Very high support needs most appropriately met by an SDA response

3.7 A participant has very high support needs if: (a) the participant has previously lived in SDA for extended periods, and this has impacted the capacity of the participant to transition to alternative living arrangements and supports; or (b) the participant has a very high level need for person to person supports, either immediately available or constant, for a significant part of the day and either: (i) there are limitations in the availability, capacity or capability of the participant’s informal support network, or risks to its sustainability; or (ii) the participant is at risk or poses a risk to others, and that risk could be mitigated by the provision of SDA, having particular regard to the participant’s response to risk and the interaction of the participant with the environment. 3.8 The very high support needs are most appropriately met by an SDA response if, when compared to other supports alone, combined SDA and other supports: (a) would be likely to better assist the participant to pursue the goals, objectives and aspirations in the participant’s statement of goals and aspirations; (b) would be likely to be more effective and beneficial, having regard to current good practice, because of the extent to which it would, where possible: (i) reduce the participant’s future need for supports which might be required due to inappropriate accommodation; (ii) assist the participant to pursue goals related to life opportunities and life transitions; (iii) mitigate or alleviate the impact of the participant’s impairment upon their functional capacity; (iv) prevent the deterioration of their functional capacity; (v) improve their functional capacity; (vi) maintain or promote the participant's ability to build capacity, including in the medium or long term; or (vii) maintain or enhance the participant’s opportunities to develop skills; and (c) would represent better value for money, having regard to: (i) whether combined SDA and other supports would be likely to substantially improve the life stage outcomes for, and be of long-term benefit to, the participant; and (ii) the cost of providing the participant with supports needed to live in accommodation other than SDA, taking into account whether those supports may be shared with few or no other participants and the limitations of the participant’s informal support network.

Materials that may be used in assessment

3.9 In assessing whether a participant has an extreme functional impairment or very high support needs for the purposes of this Part, the CEO may consider or use any or all of the following: (a) any assessment tool specified by the CEO in operational guidelines for this purpose; (b) any assessments conducted in relation to the participant (including any assessments requested by the CEO under section 36 or section 50 of the Act), such as allied health assessments, behaviour assessments and risk assessments; (c) the daily support requirements of the participant including any SDA supports. 3.10 Paragraph 3.9 does not limit what may be considered or used by the CEO in making these assessments.

Part 4 Determining the SDA type and location

4.1 If a participant is eligible for SDA: (a) the CEO must, in facilitating the preparation of the participant’s plan, ensure that the following matters are determined: (i) the appropriate design category or categories as per paragraph 4.4; (ii) the appropriate building type or types as per paragraph 4.6; (iii) the appropriate location or locations as per paragraphs 4.8-4.9; and (iv) whether SDA will be provided as an in-kind support.

Determining the design category

4.3 There are five SDA design categories (which are described in further detail in the NDIS Price Guide): (a) Basic design, which refers to housing without specialist design features but with a location or other features that cater for the needs of people with disability and assist with the delivery of support services (only funded in limited circumstances—see paragraph 4.4); (b) Improved liveability design, which refers to housing that has been designed to improve ‘liveability’ by incorporating a reasonable level of physical access and enhanced provision for people with sensory, intellectual or cognitive impairment; (c) Fully accessible design, which refers to housing that has been designed to incorporate a high level of physical access provision for people with significant physical impairment; (d) Robust design, which refers to housing that has been designed to incorporate a high level of physical access provision and to be very resilient, reducing the likelihood of reactive maintenance and reducing the risk to the participant and the community; (e) High physical support design, which refers to housing that has been designed to incorporate a high level of physical access provision for people with significant physical impairment and requiring very high levels of support.

Dwellings falling within the above categories (other than Basic design) may also fall within the ‘Innovation design’ category in the NDIS Price Guide if they have additional innovative features or design.

4.4 The appropriate design category for a participant is to be determined out of the categories in paragraphs 4.3(b)-4.3(e) by considering the participant’s specific needs.

Determining the building type

4.5 There are five SDA building types (which are described in further detail in the NDIS Price Guide): (a) apartments, which are self-contained units occupying only part of a larger residential building. Apartments are typically classified as Building Class 2 under the Building Code of Australia; (b) duplexes, villas and townhouses, which are separate but semi-attached properties within a single land title or strata titled area. The dwellings will be separated from one or more adjoining dwellings by a fire-resisting wall (although fire resistance is not required for Existing Stock). These may also include ancillary dwellings that are located on the same parcel of land as another dwelling (such as standalone villas or ‘granny flats’). These types of buildings are typically classified as Building Class 1(a)(i), 1(a)(ii) or 3 under the Building Code of Australia; (c) houses, which are detached low-rise dwellings with garden or courtyard areas. Houses are typically classified as Building Class 1(a)(i), 1(b)(i) or 3 under the Building Code of Australia; (d) group homes, which are houses that are enrolled (or will be enrolled) to house four or five long-term residents. Group homes are typically classified as Building Class 1(b)(i) or 3 under the Building Code of Australia; (e) larger dwellings, which are enrolled (or will be enrolled) to house more than five long-term residents (only funded in limited circumstances—see paragraphs 4.6 and 4.11). 4.6 The appropriate building type for a participant is to be determined, out of the building types in paragraphs 4.5(a)-(d), having regard to: (a) the participant’s preferences, if those preferences are established and align with the participant’s statement of goals and aspirations; (b) the features of the building type; (c) the support model that is most appropriate for the participant including immediately available or constant person to person supports (see paragraph 4.7); (d) the participant’s support needs; and (e) whether the building type would represent value for money in that the costs would be reasonable, relative to both the benefits achieved and the cost of alternatives;

as well as the extent to which the building type would:

(f) facilitate social and economic participation, in particular how the building type would impact on:
  (i) the participant’s ability to engage in the life of the household and community; and
  (ii) the dynamics of the household, having regard in particular to the participant’s ability to share with others and build relationships;
(g) facilitate past, established or planned connections or the continuation of established connections, in particular of culture or community;
(h) increase, reduce or mitigate the risks to the participant and others, having particular regard to the participant’s response to risk and the interaction of the participant with the environment;
(i) improve life stage outcomes for, and be of long-term benefit to, the participant;
(j) impact on the participant’s capacity or capability, in particular, the extent to which a building type would:
  (i) alleviate the impact of the participant’s impairment on their daily functioning;
  (ii) enhance the participant’s skill development, in particular independent living skills;
  (iii) increase the benefit and effectiveness of supports other than SDA for the participant’s skill development, in particular independent living skills; and
  (iv) enhance the opportunity for a move to accommodation other than SDA, or to lower cost SDA, in particular through a transition period with intensive capacity building supports;
(k) facilitate or sustain informal supports, and the extent to which informal supports would reduce the cost of other supports;
(l) facilitate or hinder the provision of other supports required by the participant; and
(m) facilitate access to other support or specialist services required by the participant which are not funded or provided through the NDIS.

4.7 The most appropriate support model for the participant is considered having regard to their support needs. For example: (a) if the participant requires immediately available person to person supports but can be left alone for periods of time, the most appropriate support model may be concierge or mobile support; (b) if the participant requires constant person to person supports and cannot be left alone for periods of time, the most appropriate support model may be shared onsite support.

The most appropriate support model is not considered by applying these Rules (as it involves supports other than SDA). However, it will be considered pursuant to the Act and other NDIS rules as part of the same process of determining the supports for a participant in developing or reviewing their plan, and will be relevant to determining the appropriate building type for a participant under these Rules.

Determining the location

4.8 The appropriate location for SDA for a participant may be specified as an area, for example a Statistical Area Level 4, or a part of a Statistical Area Level 4, or a group of Statistical Areas Level 4. 4.9 The appropriate location for a participant is to be determined having regard to: (a) the participant’s preference, where that preference is established and aligns with the participant’s statement of goals and aspirations, and where the preference is important on the basis of the participant’s support needs and on the basis of one or more of the matters mentioned in paragraphs (e) or (f) or paragraphs 4.6(h), (i) or (k)-(m); (b) the extent to which the location would be likely to better assist the participant to pursue the goals, objectives and aspirations in the participant’s statement of goals and aspirations; (c) the features of the location, including the accessibility of community services; (d) where the participant lives now and the history of where the participant has lived, including any recent changes; (e) the extent to which the location would facilitate past, established or planned connections or the continuation of existing connections, in particular of culture or community; (f) the extent to which the location would be likely to facilitate social and economic participation, in particular how the location would impact on the participant’s ability to engage in the life of the household and community; and (g) whether the location would represent value for money, having regard to the extent to which the location would: (i) facilitate or sustain informal supports, and the extent to which informal supports would reduce the cost of other supports; (ii) facilitate or hinder the provision of other supports required by the participant; and (iii) facilitate access to mainstream supports or specialist services required by the participant.

Participants already residing in SDA who wish to stay there

4.11 If a participant is: (a) currently residing in SDA (whether or not it is of the appropriate SDA type or in the appropriate location determined for the participant under paragraphs 4.3-4.9) because: (i) the participant was residing there before any determination was made under this Part in relation to the participant; or (ii) the participant moved there in accordance with an earlier determination under this Part; and (b) the participant wishes to continue to reside there for a period of time; then the dwelling in which the participant currently resides may be determined for the participant so that the participant can continue to be funded while residing there.

Support coordination

4.12 The CEO may consider whether support coordination and other capacity building supports are required to assist the participant in finding and moving into SDA.

Part 5 Specifying SDA in a participant’s plan

5.1 If a participant is eligible for SDA, the following matters must be recorded in the participant’s plan, irrespective of whether or not an appropriate dwelling has been identified: (a) the fact that the participant is eligible for SDA; and (b) the matters determined in accordance with paragraph 4.1(a), which may include a range of categories, types and locations. 5.2 Other features, allowances or factors may also be specified in a participant’s plan, including that the participant is currently residing in SDA of a design category, building type or location not determined under paragraph 4.1(a). 5.4 The amounts that will be funded by the NDIS for particular SDA types and locations, and for other features, allowances or factors (where all relevant requirements are met—see Part 6), are the relevant amounts set out in the NDIS Price Guide or, in the case of Legacy Stock (see paragraph 6.13), the Legacy Stock Price List. 5.5 These amounts may be adjusted from time to time, both annually and following periodic reviews. In the case of Legacy Stock, the amounts will be reduced over time. 5.6 The amount that may be funded by the NDIS for particular SDA dwellings may in some cases be zero. 5.7 A determination under paragraph 4.1(a) for a participant does not, subject to paragraph 5.7B, prevent the participant choosing to reside in Basic design category or other SDA and the specification in the participant’s plan at the participant’s request SDA of a design category, building type or location for which they have not been determined as eligible under paragraph 4.1(a). 5.7A The specification in a participant’s plan under paragraph 5.7 of a particular SDA does not result in the participant being eligible for that SDA under paragraph 4.1(a) but may allow the SDA to be funded under Part 6. 5.7B Basic design category SDA may only be specified in a participant’s plan under paragraph 5.7 if: (a) It meets the definition of Existing Stock in paragraphs 6.11 and 6.12; or (b) the dwelling is determined in accordance with paragraph 4.11 for the participant. 5.7C If a participant resides in SDA of a design category, building type or location not determined under paragraph 4.1(a), or a dwelling determined under paragraph 4.11: (a) this fact and whether the residence is intended to be transitional in nature must be recorded in the participant’s plan; and (b) the SDA for which the person is determined as eligible under paragraph 4.1(a) must also be recorded in the plan (as an annotation, rather than a reasonable and necessary support to be funded). 5.8 The specification in the participant’s plan of a particular SDA design category, building type or location does not prevent the participant from: (a) being required to make reasonable rent contributions, which must not exceed the amount specified in the Agency’s terms of business; or (b) making discretionary rent contributions to either: (i) access a higher cost SDA design category, building type or location; or (ii) access a particular SDA dwelling where its market rental value is higher than the relevant amount referred to in paragraph 5.4 plus reasonable rent contributions (which would only be in exceptional circumstances and where the requirements in paragraphs 7.30 and 7.31 are met).

Specifying the provider or dwelling

5.9 Without limiting the operation of the National Disability Insurance Scheme (Plan Management) Rules 2013, a participant’s plan may specify one or both of the following: (a) which registered provider, or category of registered providers, is to provide SDA funded for a participant; (b) the SDA dwelling, design category or categories that will be funded for the participant.

Interaction with National Disability Insurance Scheme (Plan Management) Rules 2013

5.10 These Rules do not limit the National Disability Insurance Scheme (Plan Management) Rules 2013. For example, the rules dealing with in-kind supports in Part 6 of those Rules will apply in relation to SDA in the way set out in paragraph 4.1. 5.11 However, where a specific SDA dwelling is determined for a participant under paragraph 4.11 (participants already residing in SDA who wish to stay there), nothing in the National Disability Insurance Scheme (Plan Management) Rules 2013: (a) allows the CEO to specify that SDA will be provided to the participant by a provider of supports that is a different provider to the registered provider of the specific SDA dwelling determined for the participant; or (b) requires that a provider be recorded in the participant’s plan that is a different provider to the registered provider of that SDA dwelling determined for the participant.

Plan reviews

5.12 The CEO may conduct a review of a participant’s plan in circumstances where the CEO has been notified that the participant is residing in or seeks to reside in an SDA of a category, type or location for which they have not been determined as eligible under paragraph 4.1(a).

Part 6 Requirements for SDA to be funded

Division 1 General Requirements

6.1 The following requirements must be satisfied in order for SDA specified in a participant’s plan to be funded under the NDIS: (a) the provider of the SDA is a registered provider of supports or a registered NDIS provider; (b) the participant resides in the dwelling, or in a dwelling providing accommodation of the type and in the location (or of a higher-cost type or in a higher-cost location in accordance with paragraph 5.7(b)), specified in their plan (see paragraphs 6.2-6.4); (c) the parent or parents of the participant do not reside in the dwelling; (d) at least one private bedroom has been made available for the participant or, if the participant is a member of a couple, at least one private bedroom and a second room that may be a bedroom or another similar sized private room has been made available to the couple; (e) the dwelling is eligible to be enrolled, has been enrolled and continues to be enrolled (see paragraphs 6.5-6.13 in relation to registered providers of supports and see the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018 for registered NDIS providers); (f) the number of bedrooms and similar sized private rooms in the dwelling is at least equal to the number of residents for which it is enrolled; and (g) if: (i) the dwelling is a New Build or Existing Stock referred to in paragraph 6.12; and (ii) the density restriction applies in relation to the dwelling, under paragraph 6.14; —the density restriction for the relevant parcel of land was satisfied immediately after the person began to reside in the dwelling.

The participant resides in the dwelling

6.2 SDA will only be funded in relation to periods when the participant resides in the dwelling.

Funding for additional period in certain circumstances when vacancy arises

6.3 Paragraph 6.4 applies if: (a) the SDA dwelling for the participant is enrolled to house two to five residents; (b) the participant: (i) dies; (ii) gives notice that he or she will vacate the dwelling; (iii) is given a notice to vacate because of behaviour that might represent a risk to other residents, to staff or to the participant; or (iv) vacates the dwelling without giving notice or having been given a notice to vacate; and (c) the vacancy is available for a participant and the Agency has been notified. 6.4 The participant will be taken to reside in the dwelling until: (a) the vacancy is filled; or (b) for a dwelling that is enrolled to house four or five residents—90 days after the day of the event mentioned in paragraph 6.3(b); or (c) for a dwelling that is enrolled to house two or three residents—60 days after the day of the event mentioned in paragraph 6.3(b);

whichever is earlier.

Division 2 Enrolment of dwellings by registered providers of supports

6.5 A registered provider of supports may enrol a dwelling in a host jurisdiction that is not a participating jurisdiction, if it is eligible to be enrolled (see paragraph 6.6), in the manner (if any) specified by the CEO.

Registered providers are required to keep these enrolments up to date—see paragraph 7.21.

6.6 A dwelling is eligible to be enrolled only if: (a) it meets the minimum conditions (see paragraphs 6.8-6.9); (b) it is either a New Build (see paragraph 6.10), Existing Stock (see paragraphs 6.11-6.12) or Legacy Stock (see paragraph 6.13); (c) if: (i) the dwelling is a New Build or Existing Stock referred to in paragraph 6.12; and (ii) the density restriction applies in relation to the dwelling, under paragraph 6.14; —the density restriction for the relevant parcel of land is satisfied immediately before the enrolment; (d) the registered provider holds any written certification that may be required by the CEO, from any person or entity and in any form required by the CEO, relating to: (i) the dwelling’s compliance with the requirements in these Rules or the NDIS Price Guide for the relevant SDA type; (ii) its location; or (iii) other features, allowances or factors (such as on-site overnight assistance rooms or fire sprinklers); and (e) the registered provider holds a certification to the effect that the dwelling meets relevant building codes and laws: (i) in the case of dwellings owned or operated by a State or Territory Government—from either a building authority determined by the CEO (or, in the absence of such a determination, any appropriately authorised building authority), or from the relevant State or Territory government department responsible for disability or housing; or (ii) in the case of other dwellings—from a building authority determined by the CEO or, in the absence of such a determination, any appropriately authorised building authority. 6.7 In the case of dwellings owned or operated by a State or Territory Government, paragraph 6.6(e)(i) does not require a registered provider to obtain a further certification as to compliance with relevant building codes and laws if such a certification has been issued by the State or Territory Government or other appropriate authority in the three years prior to enrolment.

Minimum conditions

6.8 A dwelling meets the minimum conditions if: (a) it is a permanent dwelling (for example, not a mobile home); (b) it is intended to provide long-term accommodation for at least one participant (for example, is not used only for respite, emergency or temporary accommodation); and (c) neither the Commonwealth nor a State or Territory currently provides funding for accommodation in respect of the dwelling under a scheme unrelated to disability (such funding may still be provided to residents of the dwelling). 6.9 However, the dwelling does not meet the minimum conditions if: (a) the NDIS has funded, as ‘complex home modifications’, home modifications for the dwelling at any time after 1 December 2016 and less than 10 years before the day of the enrolment of the dwelling; or (b) the NDIS has funded, as home modifications other than ‘complex home modifications’, home modifications for the dwelling at any time after 1 December 2016 and less than 5 years before the day of the enrolment of the dwelling.

New Builds

6.10 A dwelling is a New Build if: (a) a certificate of occupancy (or equivalent) was either: (i) first issued in relation to it on or after 1 April 2016; or (ii) issued in relation to it on or after 1 April 2016 following renovations or refurbishments resulting in the dwelling meeting the Minimum Requirements in the NDIS Price Guide for one or more of the design categories mentioned in paragraph 4.3 other than Basic design, and where the cost of the refurbishment was greater than the cost set out in the costs schedule published by the Agency for this purpose; (b) either: (i) it is enrolled or will be enrolled to house five or fewer long-term residents (excluding support staff); or (ii) it is the home of a participant who intends to provide SDA to themselves (as a registered provider) and to reside there with, and only with, the participant’s spouse or de facto partner and children; and (c) all its shared areas and the majority of its bedrooms and similar sized private rooms comply with the Minimum Requirements in the NDIS Price Guide for a design category mentioned in paragraph 4.3 other than Basic design.

Paragraph 6.10(b)(ii) ensures that a participant with a large family (e.g. a partner and more than three children) can enrol their own home to house more than five long-term residents if the other criteria for New Builds are met.

Existing Stock

6.11 A dwelling that is not a New Build is Existing Stock if: (a) it does not have a certificate of occupancy issued as described in paragraph 6.10(a); (b) it is enrolled or will be enrolled to house five or fewer long-term residents (excluding support staff); (c) it has been, at some time between 1 July 2013 and 1 December 2016, primarily used as accommodation for people with disability who have an extreme functional impairment or very high support needs; (d) it is not an aged care, health care or other facility that is not specifically intended for use as disability accommodation; (e) it housed at least one resident who received disability related supported accommodation (or equivalent) payments from a State, Territory or Commonwealth Government at some time between 1 July 2013 and 1 December 2016; and (f) all its shared areas and the majority of its bedrooms and similar sized private rooms comply or substantially comply with the Minimum Requirements in the NDIS Price Guide (if any) for a design category mentioned in paragraph 4.3. 6.12 A dwelling that is not a New Build is also Existing Stock if: (a) it does not have a certificate of occupancy issued as described in paragraph 6.10(a); (b) either: (i) it is enrolled or will be enrolled to house five or fewer long-term residents (excluding support staff); or (ii) it is the home of a participant who intends to provide SDA to themselves (as a registered provider) and to reside there with, and only with, the participant’s spouse or de facto partner and children; and (c) all its shared areas and the majority of its bedrooms and similar sized private rooms comply with the Minimum Requirements in the NDIS Price Guide for a design category mentioned in paragraph 4.3.

Legacy Stock

6.13 A dwelling is that is not a New Build is Legacy Stock if: (a) it does not have a certificate of occupancy issued as described in paragraph 6.10(a); (b) it is enrolled or will be enrolled to house more than five long-term residents (excluding support staff); (c) it has been, at some time between 1 July 2013 and 1 December 2016, primarily used as accommodation for people with disability who have an extreme functional impairment or very high support needs; (d) it housed at least one resident who received disability related supported accommodation (or equivalent) payments from a State, Territory or Commonwealth Government at some time between 1 July 2013 and 1 December 2016; (e) it is not an aged care, health care or other facility that is not specifically intended for use as disability accommodation; and (f) all its shared areas and the majority of its bedrooms and similar sized private rooms comply or substantially comply with the Minimum Requirements in the NDIS Price Guide (if any) for a design category mentioned in paragraph 4.3.

A larger dwelling that is capable of housing more than five long-term residents (excluding support staff) can be enrolled to house five or fewer long-term residents (excluding support staff) so as to potentially meet the criteria for Existing Stock.

Density restriction

6.14 The density restriction applies in relation to a single parcel of land with multiple dwellings (whether or not they all provide SDA) that includes a dwelling that is: (a) a New Build; or (b) Existing Stock referred to in paragraph 6.12. 6.15 If any of the dwellings on the parcel of land is enrolled to house three or more residents, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of: (a) 10; and (b) 10% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom. 6.16 If all of the dwellings that are enrolled on the parcel are enrolled to house only one or two residents per dwelling, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of: (a) 15; and (b) 15% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom. 6.17 In the case of intentional communities: (a) if any of the dwellings on the parcel of land is enrolled to house three or more residents, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive SDA funding is no more than the greater of: (i) 10; and (ii) 10% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom; (b) if all of the dwellings that are enrolled on the parcel are enrolled to house only one or two residents per dwelling, then the density restriction is satisfied if the number of participants with SDA in their plan who reside in a dwelling on the parcel and receive funding is no more than the greater of: (i) 15; and (ii) 25% of the total number of residents capable of residing on the parcel, assuming one resident per bedroom.

Information required to enrol

6.18 The CEO may require that the enrolment of a dwelling be accompanied by any or all of the following: (a) any information that the CEO requires, which may include: (i) the SDA type of the dwelling and its location; (ii) whether the dwelling is a New Build, Existing Stock or Legacy Stock; (iii) whether the dwelling is a New Build, or Existing Stock referred to in paragraph 6.12, that is one of a number of dwellings on a single parcel of land; (iv) the number of bedrooms and similar sized private rooms suitable for residents; (v) the number of residents for which the dwelling is being enrolled; (vi) the number of participants with SDA in their plan intended to reside in the dwelling (which may be lower than the number of residents for which the dwelling is being enrolled); and (vii) whether the provider is a participant who intends to provide SDA to themselves; and (b) a written acknowledgment provided by the owner of the dwelling as referred to in paragraph 7.18, where relevant; (c) a declaration relating to compliance with the Minimum Requirements in the NDIS Price Guide for the relevant SDA design category, in the form (if any) specified by the CEO and accompanied by any document required by the CEO (such as a written certification referred to in paragraph 6.6(d)); (d) a declaration that the provider holds a certification to the effect that the dwelling meets relevant building codes and laws (as referred to in paragraph 6.6(e)); (e) a declaration that the provider has suitable capacity and experience to provide the SDA dwelling; (f) a declaration that: (i) the NDIS has not funded, as ‘complex home modifications’, home modifications for the dwelling at any time after 1 December 2016 and less than ten years before the day of its enrolment; and (ii) the NDIS has not funded, as home modifications other than ‘complex home modifications’, home modifications for the dwelling at any time after 1 December and less than five years before the day of its enrolment; (g) any other certification in relation to the dwelling provided by the registered provider, in the form (if any), and containing any information, required by the CEO; (h) any other certification in relation to the dwelling provided by any third person specified by the CEO, and in the form (if any), and containing any information, required by the CEO.

Registered providers are required to ensure that the information provided in enrolling a dwelling is accurate and correct – see paragraph 7.20.

Part 7 Registration of SDA providers who are registered providers of supports

Introduction

7.1 A person or entity can apply to be a registered provider of supports under section 69 of the Act. Applications are made to the CEO of the Agency and are to be in the form approved by the CEO and accompanied by any information or documents that the CEO requires. This part applies to registered providers of supports and does not apply to registered NDIS providers. 7.2 The CEO must approve a person or entity as a registered provider of supports under section 70 of the Act if certain criteria are met, including criteria specified in NDIS rules. 7.3 The National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013 set out criteria that an applicant must meet in order to be approved as a registered provider of supports under section 70 of the Act. 7.4 Those Rules also set out requirements with which registered providers of supports are to comply, and certain circumstances in which a provider’s approval as a registered provider of supports can be revoked. 7.5 This Part sets out additional criteria and requirements specific to the provision of SDA, and deals with the consequences of failing to meet these criteria and requirements. 7.5A For the registration of SDA providers who are registered NDIS providers see the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018.

Requirement for SDA providers to be registered

7.6 To provide SDA funded under the NDIS in a host jurisdiction that is not a participating jurisdiction, a provider must be a registered provider of supports (whose approval as a registered provider of supports is not limited to particular classes of supports that do not include SDA).

A person or entity intending to provide SDA funded under the NDIS in a host jurisdiction that is not a participating jurisdiction that is not already a registered provider of supports will need to apply for registration under section 69 of the Act. Various approval criteria are set out in the Act and the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013, as well as in paragraphs 7.7-7.9 below.

A person or entity intending to provide SDA funded under the NDIS in a host jurisdiction that is not a participating jurisdiction that is already approved as a registered provider of supports will not need to re-apply for registration unless their approval as a registered provider of supports is limited to particular classes of supports.

Additional criteria for approval as a registered provider of supports

7.7 The applicant must (if intending to provide SDA) declare that it complies with, and has mechanisms in place to ensure ongoing compliance with, all laws, including building standards and tenancy laws, that apply in relation to SDA that may be provided. 7.8 The applicant must (if intending to provide SDA) declare that it has mechanisms in place to ensure that any employees, contractors or other persons engaged by the provider in relation to SDA that may be provided, such as tenancy managers, comply with all laws, including building standards and tenancy laws, that apply in relation to the SDA. 7.9 The applicant must (if intending to provide SDA) declare that it will not house more residents in an SDA dwelling than the number for which the dwelling is enrolled under Part 6.

These criteria are additional to those set out in Part 3 of the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013, which apply to all applicants for approval as registered providers.

Existing registered providers must also make the above declarations

7.10 A person or entity intending to provide SDA that is already approved as a registered provider of supports (and that was not required to make the declarations in paragraphs 7.7-7.9 at the time they applied for approval) is to make those declarations (in the manner and form specified by the CEO, if any) before enrolling any dwellings under Part 6.

Additional requirements for registered providers providing SDA

7.11 A registered provider must comply with the following requirements if they provide SDA.

These requirements are additional to those set out in Part 4 of the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013, which apply to all registered providers.

Agreement with participant

7.12 The registered provider must not provide SDA for a participant unless either: (a) a written service agreement has been entered into between the provider and the participant in relation to the provision of the SDA; or (b) the 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. 7.13 Paragraph 7.12 does not apply if the registered provider is a participant providing SDA to themselves. 7.14 The written service agreement (or proposed agreement) must contain the matters set out in the Agency’s terms of business.

Providers are required to declare their agreement to be bound by the Agency’s terms of business, as in force from time to time, when applying for approval as a registered provider of supports—see paragraph 3.8 of the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013.

7.15 The registered provider must comply with the terms required to be in the written service agreement (or proposed agreement), as set out in the Agency’s terms of business, even if they are not included in the agreement.

Compliance with laws

7.16 The registered provider must comply with, and have mechanisms in place to ensure ongoing compliance with, all laws, including building standards and tenancy laws, that apply in relation to the SDA provided. 7.17 The registered provider must have mechanisms in place to ensure that any employees, contractors or other persons engaged by the provider in relation to the SDA provided, such as tenancy managers, comply with all laws, including building standards and tenancy laws, applicable in relation to the SDA provided.

Enrolment of dwellings

7.18 The registered provider must not enrol a dwelling that is not owned by the registered provider unless the owner of the dwelling has acknowledged in writing that the dwelling is to be enrolled as SDA and that the owner has not separately enrolled the dwelling as SDA. 7.19 The registered provider must not enrol a dwelling to house more residents than the number of bedrooms or similar sized private rooms in the dwelling. 7.20 The registered provider must, when enrolling dwellings under paragraph 6.5, ensure that all information provided, including in relation to the dwelling’s SDA type and its compliance with the Minimum Requirements in the NDIS Price Guide for that type, is accurate and correct. 7.21 The registered provider must, within five working days, update or cancel the enrolment of a dwelling (in the manner, if any, specified by the CEO) if there is a change in the dwelling’s design category or building type, or if the dwelling is no longer suitable to be used as SDA. 7.22 The registered provider must, within five working days, cancel the enrolment of a dwelling (in the manner, if any, specified by the CEO) if: (a) the dwelling is a New Build or Existing Stock referred to in paragraph 6.12; and (b) the density restriction applies in relation to the dwelling, under paragraph 6.14; and (c) the dwelling does not currently house a participant with SDA in their plan who receives SDA funding; and (d) the CEO notifies the provider that the density restriction for the relevant parcel of land would no longer be satisfied if another participant were to reside in a relevant dwelling on the parcel. 7.23 The registered provider must notify the Agency if there are circumstances that are likely to change the design category, building type or the suitability of a dwelling they have enrolled for providing SDA. 7.24 The registered provider must make an annual attestation (in the manner and form, if any, and including any content, specified by the CEO) to the effect that dwellings enrolled by the provider are in a good state of repair and are being appropriately maintained, having regard to the safety, security and privacy of residents.

Housing residents

7.25 The registered provider must ensure that no more residents are housed in an SDA dwelling than the number for which the dwelling is enrolled. 7.26 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 (in accordance with paragraph 6.10(b)(ii) or 6.12(b)(ii)), the provider must not house any resident in the dwelling other than the participant’s spouse or de facto partner and children. 7.27 The registered provider must consider the views of all participants (if any) already residing in an SDA dwelling before housing another participant in that dwelling.

Access to providers of other supports

7.28 The registered provider must allow access to providers of other supports to participants residing in the SDA they provide.

Notifications and attestations

7.29 The registered provider must notify the Agency if: (a) a participant gives notice of termination of their occupancy; (b) the provider gives notice to vacate to a participant; or (c) a vacancy arises that is available to be filled by a participant; as soon as possible, and within five working days of any of those events occurring. 7.30 The registered provider must notify the Agency if the provider proposes to charge rent that exceeds the amount to be funded by the Agency plus the reasonable rent contributions payable by the participant (as described in the Agency’s terms of business). 7.31 The provider must not charge an amount of rent exceeding the amount referred to in paragraph 7.30 unless the notification referred to in that paragraph has been provided and is accompanied by any attestation required by the CEO (which may be to the effect that the provider has obtained a certification from an appropriately qualified property valuer stating that the rent is fair and reasonable).

Other requirements in Agency’s terms of business

7.32 The Agency’s terms of business may specify any other requirements with which registered providers must comply if they provide SDA.

All registered providers will have declared their agreement to be bound by the Agency’s terms of business (as in force from time to time) as part of their application for registration: see paragraph 3.8 of the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013.

Revocation of approval

7.33 The CEO may revoke the approval of a person or entity as a registered provider of supports if: (a) the provider contravenes a requirement in this Part; and (b) that circumstance presents an unreasonable risk to one or more participants.

There are also other circumstances set out in the Act and the National Disability Insurance Scheme (Registered Providers of Supports) Rules 2013 in which a registered provider of supports’ approval may be revoked.

Part 8 Other matters

Citation

8.1 These Rules may be cited as the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016.

Interpretation

8.2 These Rules include text that summarises provisions of the Act. The boxed notes identify such text, which does not form an operative part of these Rules. 8.3 A number of expressions used in this instrument are defined in section 9 of the Act, including the following: (a) Agency (b) CEO (c) NDIS (d) participant (e) participant’s statement of goals and aspirations (f) plan (g) statement of participant supports. 8.4 In these Rules:

Act means the National Disability Insurance Scheme Act 2013.

appropriate building type for a participant is the building type or types determined for the participant in accordance with paragraph 4.1(a)(ii).

appropriate design category for a participant is the design category or categories determined for the participant in accordance with paragraph 4.1(a)(i).

appropriate SDA type for a participant is the SDA type or types determined for the participant in accordance with paragraphs 4.1(a)(i) and (ii).

appropriate location for SDA for a participant is the location or locations determined for the participant in accordance with paragraph 4.1(a)(iii).

child of a participant means:

(a) a natural child of the participant;

(b) an adoptive child of the participant;

(c) a step-child of the participant;

(d) a foster child of the participant;

(e) a child in relation to whom the participant has parental responsibility (within the meaning of section 75 of the Act);

(f) a child (as defined in paragraphs (a)-(e) above) of the participant’s spouse or de facto partner; or

(g) a person aged 18 or over who was at some time a child of the participant as defined in paragraphs (a)-(f).

in-kind support has the meaning given by paragraph 6.8 of the National Disability Insurance Scheme (Plan Management) Rules 2013.

intentional community means a residential community designed to have a high degree of social cohesion, achieved through teamwork and agreed shared values. The members of an intentional community have chosen to live together based on common social values and have committed to the principle of mutual support. An intentional community:

(a) has a defined and explicit agreement under which residents have agreed to live in accordance with shared common values, including the principle of mutual support;

(b) is controlled by the members or residents and is not governed by a single entity such as a support provider; and

(c) includes general market housing, and is not solely designed to provide supported accommodation services.

Legacy Stock Price List means the Legacy Stock Price List prepared by the Agency, as in force from time to time.

NDIS Price Guide means the NDIS Price Guide published by the Agency, as in force from time to time.

NDIS rules means the National Disability Insurance Scheme rules (see section 9 of the Act).

parent of a participant means:

(a) a natural parent of the participant;

(b) an adoptive parent of the participant;

(c) a step-parent of the participant;

(d) a foster parent or carer of the participant;

(e) a person who has parental responsibility (within the meaning of section 75 of the Act) for the participant (if they are a child);

(f) a spouse or de facto partner of a person referred to in paragraphs (a)-(e); or

(g) a person who has at some time been a parent of the participant as defined in paragraphs (a)-(f).

SDA means accommodation for people who require specialist housing solutions, including to assist with the delivery of supports that cater for their extreme functional impairment or very high support needs (see paragraph 1.2).

SDA building type or building type means one of the building types mentioned in paragraph 4.5.

SDA design category or design category means one of the design categories mentioned in paragraph 4.3.

SDA type means SDA design category and SDA building type.

single parcel of land means:

(a) for land located in the Australian Capital Territory, all the land comprised within a parcel of land for which a certificate of title has been issued under the Land Titles Act 1925 (ACT) unless the land forms part of:

  (i) a ‘parcel’ within the meaning of section 5 of the Unit Titles Act 2001 (ACT); or
  (ii) a ‘community title scheme’ as that term is defined for the Community Title Act 2001 (ACT);

in which case ‘parcel of land’ means all of the land comprised within that arrangement;

(b) for land located in New South Wales, all the land comprised in a ‘folio of the Register’ within the meaning of the Real Property Act 1900 (NSW) unless the land forms part of:

  (i) a ‘parcel’ within the meaning of section 5 of the Strata Schemes (Freehold Development) Act 1973 (NSW);
  (ii) a ‘parcel’ within the meaning of section 4 of the Strata Scheme (Leasehold Development) Act 1986 (NSW);
  (iii) a ‘parcel’ within the meaning of section 4 of the Strata Schemes Development Act 2015 (NSW); or
  (iv) a ‘community parcel’, ‘neighbourhood parcel’ or ‘precinct parcel’ within the meaning of section 3 of the Community Land Development Act 1989 (NSW);
  in which case ‘parcel of land’ means all the land comprised within that arrangement;

(c) for land located in the Northern Territory, all of the land comprised within a ‘lot’ within the meaning of section 4 of the Land Title Act (NT), unless the land forms part of a ‘unit titles scheme’ within the meaning of section 10(1) of the Unit Title Schemes Act (NT), in which case ‘parcel of land’ means all of the land comprised within that arrangement;

(d) for land located in Queensland, all the land comprised within a ‘lot’ within the meaning of the Land Title Act 1994 (Qld) unless the land forms part of:

(i) a ‘mixed use scheme’ within the meaning of section 3 of the Mixed Use Development Act 1993 (Qld);

(ii) a ‘building units plan’ or a ‘group titles plan’ within the meaning of section 7 of the Building Units and Group Titles Act 1980 (Qld); or

(iii) a ‘community titles scheme’ within the meaning of section 10 of the Body Corporate and Community Management Act 1997 (Qld);

in which case ‘parcel of land’ means all of the land comprised in that arrangement;

(e) for land located in Tasmania, all of the land comprised within a ‘folio of the Register’ as that term is used in the Land Titles Act 1980 (Tas) unless the land forms part of a ‘scheme’ within the meaning of section 3 of the Strata Titles Act 1998 (Tas), in which case ‘parcel of land’ means all of the land comprised within that arrangement;

(f) for land located in South Australia, all of the land comprised within an ‘allotment’ within the meaning of section 223LA(1)(a) of the Real Property Act 1886 (SA) unless the land forms part of a ‘strata plan’ within the meaning of section 5 of the Strata Titles Act 1988 (SA), in which case ‘parcel of land’ means all of the land comprised within that arrangement;

(g) for land located in Victoria, all of the land comprised within a ‘folio of the Register’ within the meaning of the Transfer of Land Act 1958 (Vic) unless it forms part of a ‘registered plan’ within the meaning of section 3(1) of the Subdivision Act 1988 (Vic), in which case ‘parcel of land’ means all of the land comprised within that arrangement; and

(h) for land located in Western Australia, all of the land comprised within a certificate of title registered under the Transfer of Land Act 1892 (WA), unless the land forms part of a registered ‘strata/survey-strata plan’ within the meaning of section 3 of the Strata Titles Act 1985 (WA), in which case ‘parcel of land’ means all of the land comprised within that arrangement.

Statistical Area Level 4 means an area designated by the Australian Bureau of Statistics as a Statistical Area Level 4 as mentioned in the Australian Statistical Geography Standard.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history