Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024 (Vic)

Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024

S.R. No. 47/2024

TABLE OF PROVISIONS

Regulation  Page

1Objectives

2Authorising provision

3Commencement

4Principal Regulations

5Grounds for entry of SDA enrolled dwelling

6Schedule 1 amended

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Endnotes

STATUTORY RULES 2024

S.R. No. 47/2024

Residential Tenancies Act 1997

Residential Tenancies (Specialist Disability Accommodation) Amendment Regulations 2024

The Governor in Council makes the following Regulations:

Dated: 18 June 2024

Responsible Minister:

GABRIELLE WILLIAMS
Minister for Consumer Affairs

ANGELA SMITH

Clerk of the Executive Council

1Objectives

The objectives of these Regulations are to make amendments to the Residential Tenancies (Specialist Disability Accommodation) Regulations 2019—

(a)to reflect the amendments made by the Disability and Social Services Regulation Amendment Act 2023 to the Residential Tenancies Act 1997; and

(b)in the Form in Schedule 1, to insert explanatory material in relation to the application of the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2020 of the Commonwealth in Victoria; and

(c)to make other minor and technical amendments.

2Authorising provision

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

3Commencement

These Regulations come into operation on 1 July 2024.

4Principal Regulations

In these Regulations, the Residential Tenancies (Specialist Disability Accommodation) Regulations 2019[1] are called the Principal Regulations.

5Grounds for entry of SDA enrolled dwelling

In the heading to regulation 6 of the Principal Regulations, for "enrolled dwelling" substitute "dwelling".

6Schedule 1 amended

(1)In the heading to clause 2 of the Form in Schedule 1 to the Principal Regulations for "SDA ENROLLED DWELLING" substitute "SDA DWELLING".

(2)In clause 2 of the Form in Schedule 1 to the Principal Regulations—

(a)for "SDA ENROLLED DWELLING" substitute "SDA DWELLING";

(b)for "SDA enrolled dwelling" substitute "SDA dwelling";

(c)in paragraph A., for "SDA enrolled dwelling" substitute "SDA dwelling";

(d)in paragraph B., for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling";

(e)in paragraph C., for "SDA enrolled dwelling" substitute "SDA dwelling".

(3)In clause 4 of the Form in Schedule 1 to the Principal Regulations, after "Residential Tenancies Act 1997." insert—

"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.".

(4)In clause 5 of the Form in Schedule 1 to the Principal Regulations—

(a)omit "Commonwealth rental assistance: $";

(b)for "SDA RESIDENT's Reasonable Rent Contribution: $" substitute "SDA RESIDENT's maximum Reasonable Rent Contribution in the case of an SDA enrolled dwelling or a room in an SDA enrolled dwelling: $";

(c)at the foot of the table insert—

"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.".

(5)In the heading to clause 8 of the Form in Schedule 1 to the Principal Regulations, for "SDA ENROLLED DWELLING" substitute "SDA DWELLING".

(6)In clause 8 of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(7)In clause 9 of the Form in Schedule 1 to the Principal Regulations—

(a)in subclause (1), for "SDA enrolled dwelling" substitute "SDA dwelling";

(b)in subclause (2), for "SDA enrolled dwelling" substitute "SDA dwelling";

(c)in subclause (4), for "SDA enrolled dwelling" substitute "SDA dwelling".

(8)In clause 10(b), (d), (e), (f), (g) and (h) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(9)In clause 11(1) of the Form in Schedule 1 to the Principal Regulations—

(a)for "SDA enrolled dwelling" substitute "SDA dwelling";

(b)after "Agreement." insert—

"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.".

(10)In clause 12(a), (b), (e), (f), (g), (h) and (i) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(11)In clause 13 of the Form in Schedule 1 to the Principal Regulations—

(a)in subclause (1)—

(i)after "SDA PROVIDER" insert "or the SDA PROVIDER's agent";

(ii)for "SDA enrolled dwelling" substitute "SDA dwelling";

(b)in subclause (2)—

(i)for "SDA enrolled dwelling" substitute "SDA dwelling";

(ii)after "SDA PROVIDER" insert "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)";

(c)in subclause (3)—

(i)for "SDA enrolled dwelling" substitute "SDA dwelling";

(ii)after "SDA PROVIDER" insert "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)";

(iii)in paragraph (a), for "SDA enrolled dwelling" substitute "SDA dwelling";

(iv)in paragraph (c), for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling";

(v)in paragraphs (d) and (e) for "SDA enrolled dwelling" substitute "SDA dwelling";

(d)in subclause (4)—

(i)for "SDA enrolled dwelling" (where first and second occurring) substitute "SDA dwelling";

(ii)after "SDA PROVIDER" insert "or the SDA PROVIDER's agent";

(iii)in paragraph (b)—

(A)for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling";

(B)for "tenant" substitute "renter";

(e)in subclause (5)—

(i)for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling";

(ii)after "SDA PROVIDER" insert "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)";

(f)in subclause (6)—

(i)for "SDA enrolled dwelling" (wherever occurring) substitute "SDA dwelling";

(ii)in paragraph (a), after "SDA PROVIDER" insert "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)".

(g)in subclause (7)—

(i)for "SDA enrolled dwelling" (where twice occurring) substitute "SDA dwelling";

(ii)after "SDA PROVIDER" insert "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)".

(12)In clause 14(1) and (2) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(13)In clause 15(2)(a) and (b) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(14)In clause 18 of the Form in Schedule 1 to the Principal Regulations, for "Disability Act 2006" substitute "National Disability Insurance Scheme Act 2013 of the Commonwealth".

(15)In clause 19(1)(a) and (d) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(16)In the note at the foot of clause 20 of the Form in Schedule 1 to the Principal Regulations, for "Supported Independent Living" substitute "daily independent living support".

(17)In clause 21(3)(b) of the Form in Schedule 1 to the Principal Regulations, for "SDA enrolled dwelling" substitute "SDA dwelling".

(18)In Attachment 3 of the Form in Schedule 1 to the Principal Regulations—

(a)omit "Commonwealth rental assistance: $";

(b)for "SDA RESIDENT's Reasonable Rent Contribution: $" substitute "SDA RESIDENT's maximum Reasonable Rent Contribution in the case of an SDA enrolled dwelling or a Room in an SDA enrolled dwelling: $";

(c)after the table insert—

"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.".

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ENDNOTES

[1] Reg. 4: S.R. No. 72/2019.