Residential Tenancies (Specialist Disability Accommodation) Regulations 2019 (Victoria)

These Regulations require specialist disability accommodation (SDA) providers in Victoria to use a prescribed standard residency agreement and set the compensation payable to residents for entries related to sales inspections. Mechanically, providers must use the Schedule 1 form, follow specified notice periods and entry limits, keep records, and pay each resident half the daily rent for each sales‑inspection entry.

These Regulations prescribe a mandatory standard form SDA residency agreement and a formula for compensation for loss of amenity arising from certain inspections of Specialist Disability Accommodation (SDA). Regulation 5 makes the Form in Schedule 1 the prescribed standard form for the purposes of section 498I of the Residential Tenancies Act 1997 (the Act). Regulation 6 prescribes a fixed compensation entitlement for each SDA resident for each sales inspection: an amount equal to one half of the daily amount paid for occupation of the room, or, for a sole occupant of a dwelling, one half of the daily amount paid for occupation of the dwelling (Reg 6). Schedule 1 contains the full text of the SDA residency agreement that providers must use (Reg 5; Schedule 1).

Mechanically, the instrument does three types of things: it fixes a binding template for what an SDA residency agreement must contain and how it operates; it sets concrete timeframes and procedural requirements for notices, entry, repairs and record-keeping; and it specifies a precise monetary measure for compensation payable to residents when a dwelling is entered for a sales inspection (Reg 6 and Schedule 1). The standard-form agreement covers parties and contact details, length and automatic extension of the agreement, a 90-day minimum period between notice to vacate and termination date (clause 4), rent and methods of payment (clause 5), rent-increase notice periods (clause 6), utilities (clause 7), repairs and maintenance obligations including 14-day and “as soon as possible” timeframes (clause 9), duties of providers and residents (clauses 10 and 12), granular entry rules (clause 13), community visitor access (clause 14), complaints procedures (clause 15), electronic service consent rules (clause 16), privacy (clause 17), additional terms and unfair contract terms compliance (clause 18), record-keeping and disclosure obligations (clause 19), conflict of interest declaration (clause 20), and a requirement to notify the Director of Consumer Affairs Victoria within 14 days of the agreement being entered into or established (clause 21(3)).

The Regulations are made under s 511 of the Act (Reg 2) and commenced on 28 August 2019 (Reg 3). They have been amended (see Table of Amendments) and will sunset on 27 August 2029 under the Subordinate Legislation Act 1994 (Endnotes). The instrument therefore establishes a detailed regulatory architecture for SDA tenancies that shifts many procedural and informational burdens onto SDA providers by prescribing a non-negotiable form and attaching specific time and record obligations to it.

The Regulations operate through a small number of concrete legal concepts that structure relationships between SDA providers and SDA residents.

Prescribed standard form: The Regulations prescribe a single mandatory Form in Schedule 1 as the standard form SDA residency agreement for the purposes of s 498I of the Act (Reg 5; Schedule 1). Providers must use that Form; Schedule 1 includes numerous compulsory clauses and attachments (for contact details, furnishings, payment arrangements, house rules, complaints procedures, additional terms, and conflict-of-interest declarations).
Compensation for sales inspections: Regulation 6 prescribes a per-resident monetary entitlement for sales inspections. The formula is half the daily occupation amount for the room (or, for sole-occupant dwellings, half the daily amount for the dwelling). The Regulation gives an explicit example to illustrate the arithmetic and states that where multiple residents occupy the dwelling, each resident must receive compensation for each sales inspection (Reg 6).
Notice and entry regimes: The Form (clause 13) sets out a bifurcated entry regime: entry without notice is permitted in limited circumstances (consent, emergency, reasonable belief of need to protect health or safety, abandonment, or urgent repairs); entry with notice is permitted between 8 a.m. and 6 p.m. on non-public holidays and only for enumerated reasons (showing to prospective residents, purchasers, lenders, carrying out statutory duties, valuations, periodic inspections, and maintenance or repairs), subject to varied notice periods depending on the reason (24 hours, 48 hours, 7 days etc.) and caps on frequency and duration for certain categories of entry (for example, up to twice a week for up to one hour within 21 days before termination when showing to prospective residents) (Schedule 1, clause 13).
Minimum contractual protections and non-derogation: The Form repeatedly states that certain items (House Rules, additional terms) cannot take away rights and duties included in Part 12A of the Act or the National Disability Insurance Scheme Act 2013 (clauses 11(1), 18). Additional terms must also comply with the unfair contract terms provisions in Part 2‑3 of the Australian Consumer Law (Victoria) (clause 18).
Procedural and administrative obligations on providers: The Form imposes obligations on providers to explain terms in accessible language and mode (clauses 11(2), signatures clauses A and B), to give copies of the agreement and an Information Statement to residents and nominated supports (clause 21(1)-(2)), to notify the Director of Consumer Affairs Victoria within 14 days (clause 21(3)), to maintain specified records for 5 years and permit resident inspection (clause 19), and to declare conflicts of interest (clause 20).

Primary legal subjects

SDA providers: These are the parties required to use the prescribed Form (Reg 5; Schedule 1) and to comply with the operational obligations embedded within it. The Regulations impose administrative and procedural duties on providers (provide copies, notify Director of Consumer Affairs Victoria within 14 days of entering an agreement, maintain records for 5 years, explain house rules in accessible terms, comply with privacy laws, keep the dwelling in good repair and respond to repair notices within specified timeframes) (Schedule 1, clauses 1, 3, 9, 11, 16-21).
SDA residents: Residents must enter into the prescribed Form or have the Form established on their behalf; the Form sets their core duties (clauses 12 and 13) , maintain the dwelling so it is not a fire/health/safety hazard, notify of damage, contribute to repair costs for damage they cause, pay rent, avoid illegal use and disruptive conduct, comply with house rules, and obtain consent before installing fixtures or keeping pets (clause 12). Residents gain enumerated rights, including defined protections for privacy, access to community visitors, compensation entitlement for sales inspections (Reg 6), and rights to request repairs and to apply to regulatory bodies if repairs are not completed (clause 9 Note; clause 14).

Secondary and institutional parties

Person providing support to the resident and guardians/administrators: The Form requires insertion of details for a person providing support (front page and Attachment 1) and imposes obligations on providers to give copies and explain house rules to that person where relevant (clauses 1, 11, 21). The Form also contemplates involvement of guardians or administrators in receiving copies of agreement and information statements (clause 21(1)).
Director of Consumer Affairs Victoria and Victorian Civil and Administrative Tribunal (VCAT): The Form requires notice to Director of Consumer Affairs Victoria within 14 days of entry or establishment of the agreement (clause 21(3)) and identifies the Director and VCAT as places a resident may apply for assistance if repairs are not undertaken (clause 9 Note). These bodies therefore serve an enforcement and dispute-resolution function as contemplated in the Form.
Community Visitors Board and Office of the Public Advocate: The Form preserves a right for residents to invite community visitors and requires the provider not to prevent contact; if a resident asks the provider to arrange a community visitor, the provider must notify the Community Visitors Board through the Office of the Public Advocate within 72 hours (clause 14).

Provider duties (express and prescriptive)

Use of prescribed Form and provision of documents: Providers must use the prescribed Form set out in Schedule 1 for SDA residency agreements (Reg 5). They must give a copy of the signed agreement and the Information Statement to the SDA resident and, where applicable, the resident’s guardian or administrator and any person providing support (clause 21(1)-(2)). If the agreement is amended, the provider must give a new copy to the resident and relevant persons immediately (clause 21(3) final paragraph).
Notification to regulator: Providers must give written notice to the Director of Consumer Affairs Victoria within 14 days of an agreement being entered into or established, stating provider contact details, the address of the SDA dwelling, and the term of the agreement (clause 21(3)).
Repairs and maintenance: Providers must ensure the dwelling is in good repair and appropriately maintained with regard to safety, security and privacy (clause 9(1)). They must undertake repairs within 14 days of a written notice from a resident (clause 9(3)). For urgent repairs requested verbally or in writing, the provider must undertake them as soon as possible (clause 9(4)-(5)).
Respect and privacy: Providers must take reasonable measures to ensure residents are treated with dignity and respect and with regard to privacy; must not unreasonably interfere with privacy; must take reasonable measures to ensure security; must minimise disruption during repairs or renovations; and must ensure repairs are carried out by suitably qualified persons in a timely manner (clause 10(a)-(g)).
House rules and communication: Providers must explain house rules in the language and mode the resident is most likely to understand, orally and in writing where reasonable (clause 11(2)). They must give at least 14 days’ written notice before any varied house rules come into effect and explain the contents in accessible form (clause 11(5)).
Records and disclosure: Providers must keep records of payments, repair requests and responses, complaints and responses, and every community visitor visit, retain those records for 5 years, and allow the resident to inspect them (clause 19).
Community visitor cooperation: Providers must not prevent or interfere with a resident contacting a community visitor and must notify the Community Visitors Board via the Office of the Public Advocate within 72 hours if the resident requests the provider to arrange a community visitor (clause 14).

The Regulations themselves do not set out separate penalty provisions within their text for non-compliance with the terms of the prescribed Form. Enforcement mechanisms referenced in, or implied by, the Regulations are procedural and institutional rather than penal within these Regulations.

Enforcement and remedial routes explicitly referenced

Director of Consumer Affairs Victoria and VCAT: The Form contains a Note stating that if the provider does not undertake repairs and maintenance, including urgent repairs, the SDA resident may apply to the Director of Consumer Affairs Victoria or to the Victorian Civil and Administrative Tribunal for assistance (Schedule 1, clause 9 Note). That Note indicates an administrative and tribunal-based enforcement route for remedying failures to meet repair obligations.
Regulatory notification and oversight: Providers must give written notice to the Director of Consumer Affairs Victoria within 14 days of entering or establishing an agreement (clause 21(3)). This creates a disclosure stream to the Director that enables regulatory awareness of SDA tenancies. The Regulation’s requirement to notify is enforceable under the Act or the Director’s statutory powers, not by a standalone penalty located in these Regulations.
Community visitor access and reporting: The Form protects a resident’s right to contact community visitors (clause 14). Providers must not impede community visitors and must notify the Community Visitors Board if the provider is asked to arrange a visit within 72 hours. That creates an oversight channel via the Office of the Public Advocate and Community Visitors Board.

Permissible actions by providers that might be contested

Entry practices: The Form defines narrowly circumscribed scenarios for entry without notice and detailed notice periods for entry with notice, including frequency and duration limitations for inspections and sale viewings (clause 13). Residents can challenge non-conforming entries through the Director, VCAT or other remedies available under Part 12A of the Act , the Form preserves those routes by cross-reference and by the Note at clause 9.

Absence of express monetary or criminal penalties in these Regulations

These Regulations do not themselves prescribe penalties, infringement notices, or criminal offences for breaches of the Form’s terms. The enforcement of the Form’s requirements and any sanction for failure to comply will depend on the powers and remedies available under the Act (such as those in Part 12A) and other relevant legislation and tribunals referenced in the Form (clauses 9 Note and cross-references to the Act).

The Regulations operate within a network of statutory instruments and reference points. The Form repeatedly cross-references and preserves the primacy of certain provisions in other laws.

Primary statutory anchor

Residential Tenancies Act 1997 (the Act): The Regulations are made under section 511 of the Act (Reg 2) and prescribe matters for the purposes of Part 12A of the Act (Reg 1(a)-(b) and Reg 5). The Form explicitly states several times that matters are to be read subject to Part 12A of the Act (for example, clause 4 termination, clause 11(1) non-derogation of Part 12A). The Regulations therefore operate as subordinate instrument implementing and standardising aspects of Part 12A tenancy law and the contractual form required by s 498I of the Act.

Interaction with Commonwealth NDIS legislation

National Disability Insurance Scheme Act 2013 (Cth): The Form expressly states that House Rules and additional terms cannot take away any rights and duties included in the National Disability Insurance Scheme Act 2013 of the Commonwealth (clause 11(1), clause 18). The Form is therefore drafted to avoid inconsistency with the NDIS Act and to preserve any rights residents may hold under that Commonwealth law.

Consumer and electronic transaction laws

Australian Consumer Law (Victoria): Additional terms must comply with the Unfair contract terms provisions under Part 2‑3 of the Australian Consumer Law (Victoria) (clause 18). That means that any additional term inserted into the standard-form agreement is subject to state-level unfair contract terms rules, which can render certain clauses void or unenforceable if they meet the statutory test.
Electronic Transactions (Victoria) Act 2000: Clause 16 makes express provision for electronic service of notices but requires express consent in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000. The Form also prevents inference of consent from receipt/response to emails (clause 16(2)) and prescribes notification rules for change or withdrawal of electronic consent (clause 16(3)-(4)).

Privacy and health information

Privacy laws generally: Clause 17 obliges providers to comply with "all laws relevant to the personal and health information regarding the SDA RESIDENT that it holds, uses and shares with others as required." The Form therefore places responsibility on providers to adhere to applicable privacy and health information frameworks. The Form does not nominate specific statutes, but requires compliance with the relevant law(s) that govern handling of such information.

The Regulations were made on 27 August 2019 and commenced on 28 August 2019 (Reg 3 and Endnotes). The Endnotes record a formal table of amendments. Two sets of amending statutory rules are noted in the published version.

Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024, S.R. No. 47/2024: Date of making 18 June 2024; date of commencement 1 July 2024 (Table of Amendments in Endnotes). The text indicates Reg 6 (heading) was amended by S.R. No. 47/2024 reg. 5 and Schedule 1 was amended by S.R. No. 47/2024 reg. 6.
Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2026, S.R. No. 6/2026: Date of making 10 February 2026; date of commencement 10 February 2026 (Table of Amendments in Endnotes). Schedule 1 was amended by S.R. No. 6/2026 reg. 3.

What the amendments changed (as recorded)

Reg 6 heading and Schedule 1 were amended by the 2024 amendments. The published Regulation 6, as it appears in this consolidated version, prescribes the compensation formula and contains the worked example. The 2024 amendment line indicates the heading of Reg 6 was modified and that Schedule 1 was adjusted (though the Endnotes do not include an explanatory detail text in this document beyond the citation).
The 2026 amending regulation also adjusted Schedule 1; the nature of those changes is not separately described in the Explanatory details included in this publication ("No entries at date of publication" under Explanatory details). The Table of Amendments records the dates of making and commencement for both amending instruments.

Sunset and lifecycle

The Endnotes state the Regulations will sunset 10 years after making, on 27 August 2029, under section 5 of the Subordinate Legislation Act 1994. Stakeholders should therefore note the finite statutory life and plan for transitional or replacement arrangements if the instrument is not remade or replaced before that date.

Administrative annotations

The Endnotes also include interpretation notes about headings, examples and punctuation pursuant to the Interpretation of Legislation Act 1984. These notes are administrative and affect how the Regulations are to be read and cited.

For precise drafting history, amendment texts and marginal notes practitioners should consult the full amending statutory rules (S.R. No. 47/2024 and S.R. No. 6/2026) and the consolidated legislation maintained on the official legislation website. The Endnotes here record the amendment instruments and their commencement dates but do not reproduce the separate explanatory memoranda or amendment schedules.

The published Regulations and Schedule 1 include no entries recording judicial decisions or tribunal determinations concerning the text. The Explanatory details section explicitly lists "No entries at date of publication" (Endnotes, 3 Explanatory details). The document therefore does not record any litigation history or reported cases that interpret or apply these Regulations or the prescribed Form.

Implications of absence of recorded litigation

No recorded cases in the text means that, as of the version consolidated to 10 February 2026, there are no judicial or tribunal interpretations included in this instrument’s endnotes or explanatory notes. Practitioners should not infer the absence of disputes in practice; rather, the consolidated Regulations in this publication do not include a reference list of decisions. Where questions of statutory meaning or the application of the Form arise in dispute, the relevant forums are the tribunal (VCAT) and courts, and any decisions will need to be located via case law databases or tribunal records outside this instrument.
The Form cross-references enforcement avenues (Director of Consumer Affairs Victoria, VCAT) for matters such as repairs (Schedule 1, clause 9 Note) and draws on other statutory regimes (Part 12A of the Act and the NDIS Act). In the absence of recorded litigation within this instrument, practitioners should anticipate that substantive interpretation of entry, compensation, and non-derogation clauses may ultimately be clarified through tribunal or court decisions, and should therefore monitor VCAT and court outputs for evolving jurisprudence.

Practical advice for litigators or counsel preparing disputes

Preserve documentary compliance: Because the Form mandates record-keeping and notification to the Director (clauses 19, 21(3)), those records will be central evidence for tribunal or court proceedings.
Focus on statutory cross-references: Disputes are likely to require concurrent analysis of Part 12A of the Act, the NDIS Act where relevant, and the unfair contract terms provisions noted in clause 18. Even though no decisions are recorded in the instrument, those statutory cross-references will be the lenses through which courts and tribunals interpret the Form.
Monitor administrative action: Complaints to the Director or community visitor reports may generate administrative records that later feed into litigation or tribunal proceedings.

The prescribed Form and Regulations contain a number of specific procedural, timing and disclosure rules that create practical compliance traps if overlooked.

Mandatory use of the Form and attachment obligations

Prescribed standard form: Regulation 5 prescribes the Form in Schedule 1 as the standard form for the purposes of s 498I of the Act. Providers must not substitute their own core agreement terms in place of the prescribed Form (Reg 5 and Schedule 1). Any failure to use the prescribed Form is a compliance issue with the enabling Act and the Regulations.

Automatic extension and termination notice period

Automatic extension: Clause 3(b) provides that unless terminated in accordance with Part 12A of the Act, the Agreement is taken to be automatically extended from the end date for the same period and repeats indefinitely until terminated. Providers should not assume a fixed-term tenancy ends automatically; termination must comply with Part 12A and clause 4 requires a notice to vacate to specify a termination date not less than 90 days after notice is given. Providers who serve shorter termination periods risk non-compliance (clause 4).

Repair deadlines and "urgent" ambiguity

14-day repairs timetable: For non-urgent repairs, clause 9(3) requires undertaking repairs or maintenance within 14 days of receiving a written notice. For urgent repairs, clause 9(5) requires the provider to undertake them "as soon as possible." The Form does not define "as soon as possible" in measurable terms; that leaves ambiguity and potential dispute over what is reasonable for particular urgent repairs. Practitioners should articulate internal triage protocols and contemporaneous record-making to demonstrate responsive conduct.

Entry regime - multiple specific notice periods and caps

Multiple notice windows and frequency caps: Entry with notice is permitted only for specified reasons and with varying notice periods (48 hours for showing to prospective resident or purchaser, 24 hours for statutory duties and maintenance, 7 days for valuation and periodic inspection, and an inspection cap of once in six months except initial inspection earliest after three months) (clause 13(4)-(6)). For showing to prospective residents, entry is capped at twice a week for no longer than one hour within the 21 days before termination date (clause 13(5)). Non-compliance with these layered time and frequency rules can create disputes and potential claims for compensation under Reg 6 where sales inspections occur.

This section sets out practical tasks, checkpoints and internal controls that flow directly from obligations in the Regulations and the prescribed Form. Each item references the clause(s) that create the obligation.

Adopt and use the prescribed Form without alteration
- Use Schedule 1 as the standard-form SDA residency agreement in all new and established SDA agreements required by s 498I of the Act (Reg 5; Schedule 1). Do not replace or omit mandatory clauses that implement statutory protections (clauses 4, 9, 11, 13, 19, 21 etc).
Prepare and attach required documents
- Complete Attachments 1-7 as applicable: contact details (Attachment 1), furnishings list (Attachment 2), payment schedule or variations (Attachment 3), house rules (Attachment 4), complaints procedures (Attachment 5), additional terms (Attachment 6) and conflict of interest declarations (Attachment 7) (Schedule 1). Keep a master copy to attach to the executed agreement.
Systematise distribution and notification
- Provide a copy of the signed agreement and the Information Statement to the resident and, if applicable, to the guardian/administrator and person providing support (clause 21(1)-(2)). Document proof of delivery.
- Notify the Director of Consumer Affairs Victoria in writing within 14 days of the agreement being entered into or established, setting out provider contact details, the address of the SDA dwelling, and the term (clause 21(3)). Maintain a tracking log of the 14-day notification and retain confirmation of receipt.
Record-keeping and access
- Establish record-retention systems to keep records of payments, repair requests and provider responses, complaints and responses, and community visitor visits for 5 years (clause 19). Ensure secure storage consistent with privacy obligations (clause 17).
- Put processes in place to enable residents to inspect these records on request (clause 19(3)).
Repairs and urgent repairs workflow
- Create a triage and response protocol: written repair notices logged and responded to with completion within 14 days (clause 9(3)); urgent repairs flagged and actioned "as soon as possible" with contemporaneous notes evidencing timing and decision-making (clauses 9(4)-(5)).
- Keep records that demonstrate use of suitably qualified persons for repairs, and completion timelines (clause 10(g)).

Version No. 003

Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

S.R. No. 72/2019

Version incorporating amendments as at
10 February 2026

TABLE OF PROVISIONS

Regulation Page

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definition 1

5 SDA residency agreements to be in standard form 1

6 Grounds for entry of SDA dwelling 2

Schedule 1 3

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Explanatory details 24

Version No. 003

Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

S.R. No. 72/2019

Version incorporating amendments as at
10 February 2026

1 Objectives

The objectives of these Regulations are—

(a) to prescribe a standard form SDA residency agreement for the purposes of Part 12A of the Residential Tenancies Act 1997; and

(b) to prescribe compensation for loss of amenity for the purposes of Part 12A of that Act.

2 Authorising provision

These Regulations are made under section 511 of the Residential Tenancies Act 1997.

3 Commencement

These Regulations come into operation on 28 August 2019.

4 Definition

In these Regulations—

the Act means the Residential Tenancies Act 1997.

5 SDA residency agreements to be in standard form

For the purposes of section 498I of the Act, the prescribed standard form of an SDA residency agreement is the Form in Schedule 1.

Reg. 6 (Heading) amended by S.R. No. 47/2024 reg. 5.

6 Grounds for entry of SDA dwelling

For the purposes of section 498V(3B) of the Act, the prescribed compensation for each SDA resident for each sales inspection is equal to one half of the daily amount paid for occupation of the room, or if the SDA resident is the sole occupant of the dwelling, one half of the daily amount paid for occupation of the dwelling.

Example

The weekly rent for an SDA resident is $400. This is equal to rent per day of $57.10 (rounded). Compensation payable to the SDA resident equals one half of $57.10, which is $28.55 payable each day that there is an entry for a sales inspection. If there are multiple SDA residents in the dwelling, each resident must receive compensation.

Sch. 1 amended by S.R. Nos 47/2024 reg. 6, 6/2026 reg. 3.

Schedule 1

Form

Residential Tenancies Act 1997

(Section 498I)

(Regulation 5)

SDA RESIDENCY AGREEMENT

This Agreement is made on [insert date]

At [insert place of Agreement]

PARTIES

BETWEEN (SDA PROVIDER)

[insert name, ACN if SDA provider is a company, address]

whose Agent is:

[insert name, address, ACN if company, of the agent]

AND (SDA RESIDENT)

[insert name]

DETAILS OF PERSON PROVIDING SUPPORT TO THE RESIDENT:

[insert name, address, and whether person is the SDA RESIDENT's guardian or SDA RESIDENT's administrator, family member, friend or carer; or if no person is chosen by the SDA RESIDENT, a person who the SDA PROVIDER considers can assist the SDA RESIDENT (and is not employed by, or is not a representative of, the SDA PROVIDER)]

This Agreement is made by:<br>A. The SDA PROVIDER and SDA RESIDENT entering into the Agreement and both signing the Agreement.<br>OR<br>B. The SDA PROVIDER working with the SDA RESIDENT to establish the Agreement, and the SDA PROVIDER signing and dating the Agreement.

1. CONTACT DETAILS

(a) The SDA PROVIDER and SDA RESIDENT have inserted their contact details in Attachment 1 to this Agreement.

(b) The SDA PROVIDER must attach a copy of Attachment 1 with updated contact details to this Agreement and give a copy to the SDA RESIDENT within 5 business days of any change in the contact details of the SDA PROVIDER or their agent.

2. ROOM AND FURNITURE IN SDA DWELLING

SDA DWELLING [insert address of the SDA dwelling]

A. The SDA RESIDENT is the only resident in the SDA dwelling.

[If there are other residents, strike out A and complete the information about the Room in B.]

B. The SDA RESIDENT occupies the following Room in the SDA dwelling:

[Insert room number or other description/information that identifies the Room.]

The SDA RESIDENT can use all common areas in the SDA dwelling except those specified below:

[Insert common areas that the SDA RESIDENT cannot use. If the SDA RESIDENT can use all common areas, leave this section blank.]

C. The SDA RESIDENT owns the furniture in the Room or SDA dwelling set out in Attachment 2.

3. LENGTH AND EXTENSION OF THIS AGREEMENT

(a) This Agreement starts on [insert date] and runs for a period of [insert period] until it ends on [insert date] (the end date).

(b) Unless this Agreement is terminated in accordance with Part 12A of the Residential Tenancies Act 1997, it is taken to have been automatically extended from the end date for the same period, and it will continue to be automatically extended any number of times until terminated.

4. TERMINATING THIS AGREEMENT

This Agreement can only be terminated in accordance with Part 12A of the Residential Tenancies Act 1997.

A notice to vacate an SDA dwelling given by an SDA provider to an SDA resident must specify a termination date that is not less than 90 days after the date on which the notice is given.

Note

See the Information Statement for further information.

5. RENT

The SDA RESIDENT must pay rent to the SDA PROVIDER at the times and in the manner set out below. If this clause has been struck out, it must be paid at the times and in the manner set out in Attachment 3 to this Agreement.

The total rent is $

SDA RESIDENT's maximum Reasonable Rent Contribution in the case of an SDA enrolled dwelling or a room in an SDA enrolled dwelling: $

The rent is paid [tick one box and circle the day, or insert the day or date of each month]

🞏 each week on Monday/Tuesday/Wednesday/Thursday/Friday

🞏 each fortnight on the first Monday/Tuesday/Wednesday/
Thursday/Friday of the fortnight

🞏 each month [insert day or date of payment]

The rent is paid by:

Centrepay	$
Cash	$
Cheque	$
Electronic Funds Transfer<br>BSB No:……………….<br>Account No:……………….<br>Account name:	$
Direct Debit	$

The SDA provider (or Agent) must give a written receipt—

(a) if the rent is paid in person, immediately; or

(b) if the rent is not paid in person and a receipt is requested at the time the rent is paid, within 5 business days of receiving payment.

If, at any time after this agreement has been entered into, the SDA PROVIDER and SDA RESIDENT agree to change the times or manner in which rent is to be paid, they must strike out this clause and complete Attachment 3 to this Agreement. If further changes are made, copies of Attachment 3 must be attached to this Agreement.

6. RENT INCREASES

(a) The SDA PROVIDER must give the SDA RESIDENT a notice in writing of a proposed rent increase at least 90 days before the date on which the increased amount of rent is to be paid.

(b) The SDA PROVIDER must complete Attachment 3 each time the rent is increased and attach it to this Agreement.

7. UTILITIES

The SDA RESIDENT must pay for ordinary usage of the electricity, gas, water and any other utilities supplied.

Utility	Usage	Amount to pay	Name of person or company SDA RESIDENT makes payment to
Electricity
Water
Gas
Other

Note

See Other Charges in the Information Statement.

8. CLEANLINESS OF THE ROOM AND SDA DWELLING

The SDA PROVIDER must ensure that the Room or SDA dwelling is reasonably clean when this Agreement starts.

9. REPAIRS AND MAINTENANCE

General Repairs and Maintenance

(1) The SDA PROVIDER must ensure that the SDA dwelling is in a good state of repair and is appropriately maintained, having regard to the safety, security and privacy of the SDA RESIDENT.

(2) The SDA RESIDENT may give a written notice to the SDA PROVIDER advising that repairs or maintenance are required to the SDA dwelling.

(3) The SDA PROVIDER agrees to undertake the repairs or maintenance within 14 days after receiving the written notice.

Urgent Repairs

(4) The SDA RESIDENT may request the SDA PROVIDER to make urgent repairs to the SDA dwelling verbally or in writing.

(5) The SDA PROVIDER agrees to undertake the urgent repairs as soon as possible after receiving the request.

Note

If the SDA PROVIDER does not undertake the repairs and maintenance, or urgent repairs, the SDA RESIDENT may apply to the Director of Consumer Affairs Victoria or the Victorian Civil and Administrative Tribunal for assistance. The SDA RESIDENT in this clause includes a "chosen person". A "chosen person" is defined in section 498O(2) of the Residential Tenancies Act 1997. (See Repairs and Maintenance in the Information Statement.)

10. DUTIES OF SDA PROVIDER

The SDA PROVIDER must—

(a) take reasonable measures to ensure that the SDA RESIDENT is treated with dignity and respect and with due regard to their entitlement to privacy; and

(b) ensure that the SDA dwelling and any fixtures and fittings are maintained in good repair; and

(d) install fixtures required by the SDA RESIDENT to assist their daily living or proper use and enjoyment of the SDA dwelling; and

(e) take reasonable measures to ensure the security of the SDA dwelling; and

(f) minimise any inconvenience or disruption to the SDA RESIDENT when undertaking repairs or renovations to the SDA dwelling; and

(g) take reasonable steps to ensure that any repairs or renovations to the SDA dwelling—

(i) are carried out by a suitably qualified person; and

(ii) are completed in a timely manner; and

(h) not unreasonably refuse to give consent to the SDA RESIDENT's request to keep a pet in the SDA dwelling.

11. HOUSE RULES

(1) The SDA RESIDENT must comply with the House Rules for the SDA dwelling (if any) that are included in Attachment 4 of this Agreement.

The House Rules cannot take away any of the rights and duties included in Part 12A of the Residential Tenancies Act 1997 or in the National Disability Insurance Scheme Act 2013 of the Commonwealth.

(2) The SDA PROVIDER must explain the contents of the House Rules (if any) to the SDA RESIDENT—

(a) in the language, mode of communication and terms that the SDA RESIDENT is most likely to understand; and

(b) both orally and in writing, where reasonable to do so.

(3) The SDA PROVIDER may vary any House Rules from time to time.

(4) If an SDA PROVIDER varies House Rules, the varied House Rules must clearly state the date on which they are to come into effect and on which they will replace the existing House Rules.

(5) If the SDA PROVIDER varies the House Rules, the SDA PROVIDER must—

(a) at least 14 days before the varied House Rules are to come into effect, give a written copy of the varied House Rules to the SDA RESIDENT and to any person providing support to the SDA RESIDENT listed in this agreement; and

(b) explain the contents of the varied House Rules to the SDA RESIDENT—

(i) in the language, mode of communication and terms that the SDA RESIDENT is most likely to understand; and

(ii) both orally and in writing, where reasonable to do so.

12. DUTIES OF SDA RESIDENT

The SDA RESIDENT must—

(a) maintain the SDA dwelling in a manner that does not create a fire, health or safety hazard; and

(b) after becoming aware of any damage to the SDA dwelling, give notice to the SDA PROVIDER specifying the nature of the damage; and

(c) contribute to the cost of repairing damage notified under paragraph (b) to the SDA PROVIDER that the SDA RESIDENT caused; and

(d) pay the rent on the due date and in the manner specified in this Agreement; and

(e) not use the SDA dwelling for a purpose that is illegal at common law or under an Act; and

(f) not by act or omission endanger the safety of other SDA RESIDENTS or staff at the SDA dwelling; and

(g) not cause serious disruption to the proper use and enjoyment of the SDA dwelling by other SDA RESIDENTS; and

(h) not damage or destroy any part of the SDA dwelling; and

(i) not install any fixtures in the SDA dwelling without first obtaining the consent in writing of the SDA PROVIDER; and

(j) not keep a pet without obtaining the consent of the SDA PROVIDER and any other SDA RESIDENTS living in the dwelling.

13. ENTRY TO THE ROOM OR DWELLING

(1) The SDA PROVIDER or the SDA PROVIDER's agent must not enter the Room or the SDA dwelling other than as provided in this clause.

(2) The SDA RESIDENT agrees that the SDA PROVIDER or the SDA PROVIDER's agent (together with any other person the SDA PROVIDER or the SDA PROVIDER's agent needs to assist in carrying out the reasons for entering the SDA dwelling or Room) can enter the Room or SDA dwelling in accordance with this clause.

(3) Entry Without Notice

(a) the SDA RESIDENT agrees to let the SDA PROVIDER enter the SDA dwelling or Room;

(b) there is an emergency;

(c) the SDA PROVIDER believes on reasonable grounds that they need to enter the SDA dwelling or Room to protect the health or safety of the SDA RESIDENT or any other person in the SDA dwelling or Room;

(d) the SDA PROVIDER believes on reasonable grounds that the SDA RESIDENT has abandoned the SDA dwelling or Room;

(e) the SDA PROVIDER needs to enter the SDA dwelling or Room to undertake urgent repairs.

(4) Entry With Notice

The SDA PROVIDER or the SDA PROVIDER's agent can enter the SDA dwelling or Room (together with any other persons they need to assist them in carrying out the reasons for entering the SDA dwelling or Room) at any time between 8 a.m. and 6 p.m. on any day other than a public holiday—

(a) if they have given written notice to the SDA RESIDENT or SDA RESIDENTS before the entry; and

(b) only for one of the following reasons—

(i) to show the SDA dwelling or a Room to a person who wishes to become an SDA RESIDENT or renter, but only if the SDA PROVIDER has given 48 hours notice of entry and—

A. before the SDA PROVIDER served the written notice, the SDA PROVIDER has given a notice to vacate to the SDA RESIDENT of that Room or SDA dwelling; or

B. the SDA RESIDENT has given the SDA PROVIDER a notice of intention to vacate the Room or SDA dwelling;

(ii) to show the SDA dwelling to a person who wishes to purchase the SDA dwelling and the SDA PROVIDER has given 48 hours notice of entry;

(iii) to show the SDA dwelling to a person who seeks to use the SDA dwelling as security for a loan that they propose to make to the SDA PROVIDER and the SDA PROVIDER has given 48 hours notice of entry;

(iv) to enable the SDA PROVIDER to carry out a duty that they have in relation to the SDA dwelling, the Room or the SDA RESIDENT under the Residential Tenancies Act 1997 or any other Act and the SDA PROVIDER has given 24 hours notice of entry;

(v) to allow the SDA dwelling to be the subject of a valuation and the SDA PROVIDER has given 7 days notice of entry;

(vi) to carry out an inspection of the SDA dwelling or Room but only if the SDA PROVIDER has not entered and carried out an inspection within the last 6 months and given 7 days notice of entry. If the SDA RESIDENT has moved into the SDA dwelling for the first time, the inspection cannot occur until after the expiry of 3 months;

(vii) to prepare for, organise or undertake maintenance or repairs and the SDA PROVIDER has given 24 hours notice of entry.

(5) If entry is for the purpose of showing the Room or SDA dwelling to a person who wishes to become a resident (subclause (4)(b)(i)), then the SDA PROVIDER or the SDA PROVIDER's agent (together with any other person the SDA PROVIDER or the SDA PROVIDER's agent needs to assist in carrying out the reasons for entering the SDA dwelling or Room) can only enter the SDA dwelling or Room up to twice a week for a period of no longer than one hour (unless otherwise agreed with the SDA RESIDENT or SDA RESIDENTS) within 21 days before the termination date specified in the notice to vacate or notice of intention to vacate.

(6) If entry is for the purpose of showing the SDA dwelling to a person who wishes to purchase the SDA dwelling (subclause (4)(b)(ii)), or to a person who seeks to use the SDA dwelling as security for a loan (subclause (4)(b)(iii)), then—

(a) the SDA PROVIDER or the SDA PROVIDER's agent (together with any other person the SDA PROVIDER or the SDA PROVIDER's agent needs to assist in carrying out the reasons for entering the SDA dwelling or Room) can only enter the SDA dwelling or Room up to twice a week for a period of no longer than one hour (unless otherwise agreed with the SDA RESIDENT or SDA RESIDENTS); and

(b) the SDA PROVIDER must notify the SDA RESIDENT or SDA RESIDENTS of the intention to sell in the approved form at least 14 days before entry; and

(c) the SDA PROVIDER and the SDA RESIDENT will make reasonable efforts to agree to the days and times for the inspections.

(7) Entry with Agreement

The SDA PROVIDER or the SDA PROVIDER's agent (together with any other person the SDA PROVIDER or the SDA PROVIDER's agent needs to assist in carrying out the reasons for entering the SDA dwelling or Room) can enter the SDA dwelling or Room at any time agreed with the SDA RESIDENT, provided that the SDA RESIDENT has agreed to the entry within the previous 7 days before the entry. If there is more than one SDA RESIDENT in the SDA dwelling, each SDA RESIDENT must have agreed to the entry within the previous 7 days.

Note

See the Information Statement for further information.

14. RIGHT TO SEE A COMMUNITY VISITOR

(1) The SDA RESIDENT has the right to contact a community visitor through the Office of the Public Advocate to arrange for a community visitor to visit them in their Room or the SDA dwelling. The SDA PROVIDER must not prevent or interfere with the SDA RESIDENT contacting the community visitor or impede the entry of the community visitor.

(2) The SDA RESIDENT may ask the SDA PROVIDER to arrange for a community visitor to visit the SDA dwelling. The SDA PROVIDER must advise the Community Visitors Board through the Office of the Public Advocate that a request has been made for a visit by a community visitor within 72 hours of the request being made by the SDA RESIDENT.

15. COMPLAINTS

(1) The SDA PROVIDER must have policies and procedures for responding to complaints by the SDA RESIDENT. The policies and procedures are set out in Attachment 5.

(2) If the policies and procedures set out in Attachment 5 are updated, the SDA PROVIDER must give the SDA RESIDENT the updated version at least 14 days before they come into effect. The SDA RESIDENT can contact the SDA PROVIDER to—

(a) request repairs or maintenance to the Room or the SDA dwelling; and

(b) discuss any matter regarding their accommodation at the SDA dwelling; and

16. CONSENT TO ELECTRONIC SERVICE OF NOTICES AND OTHER DOCUMENTS

(1) Express Consent

The SDA RESIDENT:

(Check one box only)

🞏 consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address—

[insert email address]

🞏 does not consent to the electronic service of notices and other documents.

The SDA PROVIDER:

(Check one box only)

🞏 consents to the electronic service of notices and other documents in accordance with the requirements of the Electronic Transactions (Victoria) Act 2000 at this email address—

[insert email address]

🞏 does not consent to the electronic service of notices and other documents.

(2) Inferred Consent

If the SDA RESIDENT or the SDA PROVIDER (as the case may be) has not consented to electronic service under subclause (1), the SDA RESIDENT or the SDA PROVIDER must not infer consent to electronic service from the receipt or response to emails or other electronic communications.

(3) Change of Electronic Address

The SDA RESIDENT or the SDA PROVIDER must immediately give notice in writing to the other party if the email address for electronic service under subclause (1) changes.

(4) Withdrawal of Consent

(a) The SDA RESIDENT or the SDA PROVIDER may withdraw their consent under subclause (1) to electronic service of notices and other documents only by giving notice in writing to the other party.

(b) Following the giving of notice under paragraph (a) no further notices or other documents are to be served by electronic communication.

17. PRIVACY

The SDA PROVIDER must comply with all laws relevant to the personal and health information regarding the SDA RESIDENT that it holds, uses and shares with others as required.

18. ADDITIONAL TERMS

The SDA RESIDENT and SDA PROVIDER may agree to additional terms in this Agreement. The additional terms are set out in Attachment 6. Additional terms cannot take away any of the rights and duties included in Part 12A of the Residential Tenancies Act 1997 or in the National Disability Insurance Scheme Act 2013 of the Commonwealth.

Any additional terms must also comply with the Unfair contract terms under Part 2‑3 of the Australian Consumer Law (Victoria).

Contact Consumer Affairs Victoria on 1300 55 81 81 for further information or visit www.consumer.vic.gov.au.

19. RECORDS

(1) The SDA PROVIDER agrees to keep records of—

(a) payments made for the occupation of the Room or SDA dwelling by the SDA RESIDENT; and

(b) requests for repairs and maintenance and what the SDA PROVIDER did in response to each request; and

(d) every visit by the Community Visitor to the SDA dwelling.

(2) The SDA PROVIDER agrees to keep the record for 5 years after the record is made.

(3) The SDA PROVIDER agrees to allow the SDA RESIDENT to inspect the records.

20. CONFLICT OF INTEREST

The SDA PROVIDER has declared any conflict of interest in relation to other services provided to the SDA RESIDENT in Attachment 7 to this Agreement.

Note

A conflict of interest that must be declared includes any affiliation with a provider of daily independent living support services to the SDA RESIDENT.

21. COPIES OF THIS AGREEMENT—CHECKLIST

(1) The SDA PROVIDER must give a copy of this Agreement and the Information Statement to the SDA RESIDENT, and the SDA RESIDENT's guardian or SDA RESIDENT's administrator (if any).

A copy of this Agreement and Information Statement has been given to the SDA RESIDENT 🞏

A copy of this Agreement and Information Statement has been given to the SDA RESIDENT's guardian
or SDA RESIDENT's administrator 🞏

A copy of this Agreement and Information Statement has been given to the SDA RESIDENT's guardian or SDA RESIDENT's administrator 🞏

(2) The SDA PROVIDER agrees to give a copy of this Agreement and the Information Statement to the PERSON PROVIDING SUPPORT TO THE SDA RESIDENT (if any).

A copy of this Agreement and the Information Statement has been given to the PERSON PROVIDING SUPPORT TO THE SDA RESIDENT 🞏

(3) The SDA PROVIDER must give the Director of Consumer Affairs Victoria written notice within 14 days of this Agreement being entered into or established. The written notice must state the following details—

(a) the name and contact details of the SDA PROVIDER;

(b) the address of the SDA dwelling being provided under this Agreement;

Written notice of the Agreement has been given to the Director, Consumer Affairs Victoria 🞏

If at any time any part of this Agreement is amended, the SDA PROVIDER must give a new copy to the SDA RESIDENT, or the SDA RESIDENT's guardian or the SDA RESIDENT's administrator, or PERSON PROVIDING SUPPORT TO THE SDA RESIDENT, as the case may be, immediately.

SIGNATURES AND DATES

Sign and Date either A or B

A. This Agreement is entered into by the SDA PROVIDER and SDA RESIDENT under section 498F(1)(a) of the Residential Tenancies Act 1997.

The SDA PROVIDER has explained the contents of the Agreement, and the contents of any Attachment to this Agreement, to the SDA RESIDENT—

(a) in the language, mode of communication and terms the SDA RESIDENT is most likely to understand; and

(b) the explanation of the Agreement was given both orally and in writing where reasonable.

SDA PROVIDER (or Agent)

[insert signature of SDA PROVIDER or Agent]

Date: / /

SDA RESIDENT

[insert signature of SDA RESIDENT]

Date: / /

B. This Agreement is established between the SDA PROVIDER and SDA RESIDENT under section 498F(1)(b) of the Residential Tenancies Act 1997.

The SDA PROVIDER has explained the contents of the Agreement, and the contents of any Attachment to the Agreement, to the SDA RESIDENT—

(a) in the language, mode of communication and terms the SDA RESIDENT is most likely to understand; and

(b) the explanation of the Agreement was given both orally and in writing where reasonable.

SDA PROVIDER (or Agent)

[insert signature of SDA PROVIDER or Agent]

Date: / /

Attachment 1 Clause 1

CONTACT DETAILS

Tables (Insert extra Tables if extra contact details are necessary)

Contact details for SDA PROVIDER

Name
Phone: Business hours<br>After hours
Mobile
Email
Address

Contact details for SDA PROVIDER's Agent (if any)

Name
Phone: Business hours<br>After hours
Mobile
Email
Address

Contact details for SDA RESIDENT

Name
Phone: Business hours<br>After hours
Mobile
Email
Address

Contact details for PERSON PROVIDING SUPPORT TO THE SDA RESIDENT

Name
Phone: Business hours<br>After hours
Mobile
Email
Address

Attachment 2 Clause 2

FURNISHINGS AND EQUIPMENT OWNED OR SUPPLIED BY THE SDA RESIDENT

[List of furniture and equipment owned or supplied by the SDA RESIDENT e.g. bed, wardrobe, television, 2 chairs.]

Attachment 3 Clauses 5, 6

AGREED CHANGE TO TIMING OR MANNER OF PAYMENT OF RENT

The SDA RESIDENT must pay rent to the SDA PROVIDER at the times and in the manner set out in this Attachment, which replaces Clause 5 of this Agreement.

The total rent is $

SDA RESIDENT's maximum Reasonable Rent Contribution in the case of an SDA enrolled dwelling or a Room in an SDA enrolled dwelling: $

The rent is paid (strike through the options that do not apply and circle the day, or insert the day or date of each month as appropriate)

each week on Monday/Tuesday/Wednesday/Thursday/Friday

each fortnight on the first

Monday/Tuesday/Wednesday/Thursday/Friday of the fortnight

each month [insert day or date of payment]

The rent is paid by:

Centrepay
Cash	$
Cheque	$
Electronic Funds Transfer<br>BSB No:……………….<br>Account No:……………………………<br>Account name:	$
Direct Debit	$

The SDA provider (or Agent) must give a written receipt—

(a) if the rent is paid in person, immediately; or

(b) if the rent is not paid in person and a receipt is requested at the time the rent is paid, within 5 business days of receiving payment.

SIGNED

SDA PROVIDER (or Agent)

[insert signature of SDA PROVIDER or Agent]

Date: / /

SDA RESIDENT (or Agent)

[insert signature of SDA RESIDENT or Agent]

Date: / /

Attachment 4 Clause 11

HOUSE RULES

[Insert House Rules for the dwelling. If there are no House Rules insert "no House Rules apply".]

Attachment 5 Clause 15

COMPLAINTS

[Insert SDA PROVIDER'S procedures for responding to complaints by SDA RESIDENTS.]

Attachment 6 Clause 18

ADDITIONAL TERMS

[insert additional terms]

Attachment 7 Clause 20

CONFLICT OF INTEREST

[insert any declared conflicts of interest]

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Residential Tenancies (Specialist Disability Accommodation) Regulations 2019, S.R. No. 72/2019 were made on 27 August 2019 by the Governor in Council under section 511 of the Residential Tenancies Act 1997, No. 109/1997 and came into operation on 28 August 2019: regulation 3.

The Residential Tenancies (Specialist Disability Accommodation) Regulations 2019 will sunset 10 years after the day of making on 27 August 2029 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Residential Tenancies (Specialist Disability Accommodation) Regulations 2019 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024, S.R. No. 47/2024

Date of Making:	18.6.24
Date of Commencement:	1.7.24: reg. 3

Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2026, S.R. No. 6/2026

Date of Making:	10.2.26
Date of Commencement:	10.2.26

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

Version No. 003

Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

S.R. No. 72/2019

Version incorporating amendments as at
10 February 2026

TABLE OF PROVISIONS

Regulation Page

1 Objectives 1

2 Authorising provision 1

3 Commencement 1

4 Definition 1

5 SDA residency agreements to be in standard form 1

6 Grounds for entry of SDA dwelling 2

Schedule 1 3

═════════════

Endnotes 21

1 General information 21

2 Table of Amendments 23

3 Explanatory details 24

Version No. 003

Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

S.R. No. 72/2019

Version incorporating amendments as at
10 February 2026

1 Objectives

The objectives of these Regulations are—

(a) to prescribe a standard form SDA residency agreement for the purposes of Part 12A of the Residential Tenancies Act 1997; and

(b) to prescribe compensation for loss of amenity for the purposes of Part 12A of that Act.

2 Authorising provision

These Regulations are made under section 511 of the Residential Tenancies Act 1997.

3 Commencement

These Regulations come into operation on 28 August 2019.

4 Definition

In these Regulations—

the Act means the Residential Tenancies Act 1997.

5 SDA residency agreements to be in standard form

For the purposes of section 498I of the Act, the prescribed standard form of an SDA residency agreement is the Form in Schedule 1.

Reg. 6 (Heading) amended by S.R. No. 47/2024 reg. 5.

6 Grounds for entry of SDA dwelling

Example

Sch. 1 amended by S.R. Nos 47/2024 reg. 6, 6/2026 reg. 3.

Schedule 1

Form

Residential Tenancies Act 1997

(Section 498I)

(Regulation 5)

SDA RESIDENCY AGREEMENT

This Agreement is made on [insert date]

At [insert place of Agreement]

PARTIES

BETWEEN (SDA PROVIDER)

[insert name, ACN if SDA provider is a company, address]

whose Agent is:

[insert name, address, ACN if company, of the agent]

AND (SDA RESIDENT)

[insert name]

DETAILS OF PERSON PROVIDING SUPPORT TO THE RESIDENT:

This Agreement is made by:<br>A. The SDA PROVIDER and SDA RESIDENT entering into the Agreement and both signing the Agreement.<br>OR<br>B. The SDA PROVIDER working with the SDA RESIDENT to establish the Agreement, and the SDA PROVIDER signing and dating the Agreement.

1. CONTACT DETAILS

(a) The SDA PROVIDER and SDA RESIDENT have inserted their contact details in Attachment 1 to this Agreement.

2. ROOM AND FURNITURE IN SDA DWELLING

SDA DWELLING [insert address of the SDA dwelling]

A. The SDA RESIDENT is the only resident in the SDA dwelling.

[If there are other residents, strike out A and complete the information about the Room in B.]

B. The SDA RESIDENT occupies the following Room in the SDA dwelling:

[Insert room number or other description/information that identifies the Room.]

The SDA RESIDENT can use all common areas in the SDA dwelling except those specified below:

[Insert common areas that the SDA RESIDENT cannot use. If the SDA RESIDENT can use all common areas, leave this section blank.]

C. The SDA RESIDENT owns the furniture in the Room or SDA dwelling set out in Attachment 2.

3. LENGTH AND EXTENSION OF THIS AGREEMENT

(a) This Agreement starts on [insert date] and runs for a period of [insert period] until it ends on [insert date] (the end date).

4. TERMINATING THIS AGREEMENT

This Agreement can only be terminated in accordance with Part 12A of the Residential Tenancies Act 1997.

A notice to vacate an SDA dwelling given by an SDA provider to an SDA resident must specify a termination date that is not less than 90 days after the date on which the notice is given.

Note

See the Information Statement for further information.

5. RENT

The total rent is $

SDA RESIDENT's maximum Reasonable Rent Contribution in the case of an SDA enrolled dwelling or a room in an SDA enrolled dwelling: $

The rent is paid [tick one box and circle the day, or insert the day or date of each month]

🞏 each week on Monday/Tuesday/Wednesday/Thursday/Friday

🞏 each fortnight on the first Monday/Tuesday/Wednesday/
Thursday/Friday of the fortnight

🞏 each month [insert day or date of payment]

The rent is paid by:

Centrepay	$
Cash	$
Cheque	$
Electronic Funds Transfer<br>BSB No:……………….<br>Account No:……………….<br>Account name:	$
Direct Debit	$

The SDA provider (or Agent) must give a written receipt—

(a) if the rent is paid in person, immediately; or

(b) if the rent is not paid in person and a receipt is requested at the time the rent is paid, within 5 business days of receiving payment.

6. RENT INCREASES

(a) The SDA PROVIDER must give the SDA RESIDENT a notice in writing of a proposed rent increase at least 90 days before the date on which the increased amount of rent is to be paid.

(b) The SDA PROVIDER must complete Attachment 3 each time the rent is increased and attach it to this Agreement.

7. UTILITIES

The SDA RESIDENT must pay for ordinary usage of the electricity, gas, water and any other utilities supplied.

Utility	Usage	Amount to pay	Name of person or company SDA RESIDENT makes payment to
Electricity
Water
Gas
Other

Note

See Other Charges in the Information Statement.

8. CLEANLINESS OF THE ROOM AND SDA DWELLING

The SDA PROVIDER must ensure that the Room or SDA dwelling is reasonably clean when this Agreement starts.

9. REPAIRS AND MAINTENANCE

General Repairs and Maintenance

(1) The SDA PROVIDER must ensure that the SDA dwelling is in a good state of repair and is appropriately maintained, having regard to the safety, security and privacy of the SDA RESIDENT.

(2) The SDA RESIDENT may give a written notice to the SDA PROVIDER advising that repairs or maintenance are required to the SDA dwelling.

(3) The SDA PROVIDER agrees to undertake the repairs or maintenance within 14 days after receiving the written notice.

Urgent Repairs

(4) The SDA RESIDENT may request the SDA PROVIDER to make urgent repairs to the SDA dwelling verbally or in writing.

(5) The SDA PROVIDER agrees to undertake the urgent repairs as soon as possible after receiving the request.

Note

10. DUTIES OF SDA PROVIDER

The SDA PROVIDER must—

(a) take reasonable measures to ensure that the SDA RESIDENT is treated with dignity and respect and with due regard to their entitlement to privacy; and

(b) ensure that the SDA dwelling and any fixtures and fittings are maintained in good repair; and

(d) install fixtures required by the SDA RESIDENT to assist their daily living or proper use and enjoyment of the SDA dwelling; and

(e) take reasonable measures to ensure the security of the SDA dwelling; and

(f) minimise any inconvenience or disruption to the SDA RESIDENT when undertaking repairs or renovations to the SDA dwelling; and

(g) take reasonable steps to ensure that any repairs or renovations to the SDA dwelling—

(i) are carried out by a suitably qualified person; and

(ii) are completed in a timely manner; and

(h) not unreasonably refuse to give consent to the SDA RESIDENT's request to keep a pet in the SDA dwelling.

11. HOUSE RULES

(1) The SDA RESIDENT must comply with the House Rules for the SDA dwelling (if any) that are included in Attachment 4 of this Agreement.

(2) The SDA PROVIDER must explain the contents of the House Rules (if any) to the SDA RESIDENT—

(a) in the language, mode of communication and terms that the SDA RESIDENT is most likely to understand; and

(b) both orally and in writing, where reasonable to do so.

(3) The SDA PROVIDER may vary any House Rules from time to time.

(4) If an SDA PROVIDER varies House Rules, the varied House Rules must clearly state the date on which they are to come into effect and on which they will replace the existing House Rules.

(5) If the SDA PROVIDER varies the House Rules, the SDA PROVIDER must—

(b) explain the contents of the varied House Rules to the SDA RESIDENT—

(i) in the language, mode of communication and terms that the SDA RESIDENT is most likely to understand; and

(ii) both orally and in writing, where reasonable to do so.

12. DUTIES OF SDA RESIDENT

The SDA RESIDENT must—

(a) maintain the SDA dwelling in a manner that does not create a fire, health or safety hazard; and

(b) after becoming aware of any damage to the SDA dwelling, give notice to the SDA PROVIDER specifying the nature of the damage; and

(c) contribute to the cost of repairing damage notified under paragraph (b) to the SDA PROVIDER that the SDA RESIDENT caused; and

(d) pay the rent on the due date and in the manner specified in this Agreement; and

(e) not use the SDA dwelling for a purpose that is illegal at common law or under an Act; and

(f) not by act or omission endanger the safety of other SDA RESIDENTS or staff at the SDA dwelling; and

(g) not cause serious disruption to the proper use and enjoyment of the SDA dwelling by other SDA RESIDENTS; and

(h) not damage or destroy any part of the SDA dwelling; and

(i) not install any fixtures in the SDA dwelling without first obtaining the consent in writing of the SDA PROVIDER; and

(j) not keep a pet without obtaining the consent of the SDA PROVIDER and any other SDA RESIDENTS living in the dwelling.

13. ENTRY TO THE ROOM OR DWELLING

(1) The SDA PROVIDER or the SDA PROVIDER's agent must not enter the Room or the SDA dwelling other than as provided in this clause.

(3) Entry Without Notice

(a) the SDA RESIDENT agrees to let the SDA PROVIDER enter the SDA dwelling or Room;

(b) there is an emergency;

(d) the SDA PROVIDER believes on reasonable grounds that the SDA RESIDENT has abandoned the SDA dwelling or Room;

(e) the SDA PROVIDER needs to enter the SDA dwelling or Room to undertake urgent repairs.

(4) Entry With Notice

(a) if they have given written notice to the SDA RESIDENT or SDA RESIDENTS before the entry; and

(b) only for one of the following reasons—

(i) to show the SDA dwelling or a Room to a person who wishes to become an SDA RESIDENT or renter, but only if the SDA PROVIDER has given 48 hours notice of entry and—

A. before the SDA PROVIDER served the written notice, the SDA PROVIDER has given a notice to vacate to the SDA RESIDENT of that Room or SDA dwelling; or

B. the SDA RESIDENT has given the SDA PROVIDER a notice of intention to vacate the Room or SDA dwelling;

(ii) to show the SDA dwelling to a person who wishes to purchase the SDA dwelling and the SDA PROVIDER has given 48 hours notice of entry;

(v) to allow the SDA dwelling to be the subject of a valuation and the SDA PROVIDER has given 7 days notice of entry;

(vii) to prepare for, organise or undertake maintenance or repairs and the SDA PROVIDER has given 24 hours notice of entry.

(5) If entry

Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

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Residential Tenancies (Specialist Disability Accommodation) Regulations 2019

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1 Residential Tenancies (Specialist Disability Accommodation) Regulations 2019