Residential Tenancies Regulation 2019
26Disability accommodation
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26 Disability accommodation
26 Disability accommodation
(1) A residential tenancy agreement is exempt from the operation of the Act if—
(a) the premises to which the agreement relates are not used or intended to be used as a residence by the tenant under the agreement, and
(b) the tenant under the agreement allows or is intending to allow a person with a disability, other than a family member of the tenant, to use the premises as disability accommodation under an agreement or other arrangement with the person (the disability accommodation arrangement), and
(c) for residential tenancy agreements entered into on or after 2 August 2019 (being the day the Residential Tenancies Amendment (Exemption) Regulation 2019 commenced)—the agreement is in writing and states that this clause is intended to apply in respect of the premises.
(2) To avoid doubt, this clause does not operate to exempt the disability accommodation arrangement from the operation of the Act or any other Act or law otherwise applicable to it.
(3) This clause extends to residential tenancy agreements entered into before 2 August 2019 (the commencement of the Residential Tenancies Amendment (Exemption) Regulation 2019).
(4) In this clause—
disability has the same meaning as in the Disability Inclusion Act 2014.
disability accommodation means accommodation that is designed for a person with a disability who is receiving disability assistance, and includes (but is not limited to) specialist disability accommodation within the meaning of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 of the Commonwealth.
disability assistance means any one or more of the following forms of assistance provided to a person with a disability by another person or body (whether permanently or not)—
(a) assistance to help the person undertake his or her day-to-day activities,
(b) assistance to increase the person’s independence,
(c) assistance to facilitate the person’s social and economic inclusion in the community.