Victorian Current Acts Victorian Current ActsS. 498ZV(1) amended by No. 9/2023 s. 191(1).
(1) An SDA provider may give an SDA resident a written notice of temporary relocation from an SDA dwelling in the following circumstances—
S. 498ZV(1)(a) amended by No. 9/2023 s. 191(1).
(a) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA dwelling;
S. 498ZV(1)(b) amended by No. 9/2023 s. 191(1).
(b) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA dwelling by other SDA residents;
S. 498ZV(1)(c) amended by No. 9/2023 s. 191(1).
(c) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA dwelling;
S. 498ZV
(1)(ca) inserted by No. 19/2019 s. 184(1)(a),
amended by No. 9/2023 s. 191(1).
(ca) the SDA resident can no longer be appropriately supported in the SDA dwelling;
(d) it is for the SDA resident's safety or wellbeing;
S. 498ZV(1)(e) substituted by No. 19/2019 s. 184(1)(b), amended by No. 9/2023 s. 191(1).
(e) the SDA resident has caused serious damage or destroyed any part of the SDA dwelling;
S. 498ZV(1)(f) amended by No. 9/2023 s. 191(1).
(f) the SDA resident has used the SDA dwelling for a purpose that is illegal at common law or under an Act;
S. 498ZV(1)(g) amended by No. 9/2023 s. 191(1).
(g) specialist disability accommodation will no longer be provided at the SDA dwelling;
S. 498ZV(1)(h) amended by No. 9/2023 s. 191(1).
(h) the SDA dwelling is no longer suitable for the provision of specialist disability accommodation;
S. 498ZV(1)(i) amended by Nos 19/2019 s. 184(1)(c), 9/2023 s. 191(1).
(i) the SDA provider intends to repair, renovate or reconstruct the SDA dwelling immediately after the notice of temporary relocation has effect and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the area or room of the SDA dwelling exclusively occupied by the SDA resident.
(2) A notice of temporary relocation—
(a) has effect immediately from the time it is given or from the time specified in the notice of temporary relocation; and
(b) must specify a relocation period—
(i) ending not more than 90 days after the date on which the notice has effect; and
(ii) if the notice is given in the circumstances referred to in subsection (1)(i), not longer than the time required to carry out the work.
S. 498ZV(2A) inserted by No. 19/2019 s. 184(2).
(2A) An SDA provider must not give a notice of temporary relocation on a ground specified in subsection (1)(e) to an SDA resident if any of the following have significantly contributed to the serious damage or destruction caused—
(a) fair wear and tear;
(b) accidental damage;
S. 498ZV (2A)(c) amended by No. 9/2023 s. 191(2).
(c) the reasonable use of the SDA dwelling;
S. 498ZV (2A)(d) amended by No. 9/2023 s. 191(2).
(d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA dwelling;
(e) the act or omission of a person who is not the SDA resident;
(f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing;
(g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan;
(h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006 ;
(i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
(3) An SDA provider must not give a notice under subsection (1)(i) unless the SDA provider has first offered an equivalent area or room to the SDA resident and the SDA resident has refused to occupy that area or room in place of the SDA resident's current area or room, if—
S. 498ZV(3)(a) amended by No. 9/2023 s. 191(3).
(a) the proposed repairs will affect an SDA resident's area or room but will not affect all the areas or rooms in an SDA dwelling; and
S. 498ZV(3)(b) amended by No. 9/2023 s. 191(3).
(b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA dwelling.
S. 498ZV(4) amended by Nos 19/2019 s. 184(3)(4), 9/2023 s. 151.
(4) The SDA provider must notify the Chief Executive Officer of the NDIA and the Director of the details of a notice of temporary relocation within 24 hours of the notice being given to an SDA recipient.
Penalty: 60 penalty units.
S. 498ZV(5) amended by No. 19/2019 s. 184(5)(6), substituted by No. 9/2023 s. 230(1).
(5) The SDA provider must notify the Director of the details of a notice of temporary relocation within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—
(a) a DSOA client;
(b) an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.
Penalty: 60 penalty units.
S. 498ZV(5A) inserted by No. 9/2023 s. 230(1).
(5A) After receiving a notification under subsection (4) or (5), the Director must provide the details of the notice of temporary relocation to the Public Advocate.
S. 498ZV(5B) inserted by No. 9/2023 s. 230(1).
(5B) After receiving a notification under subsection (5), the Director must provide the details of the notice of temporary relocation to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (5)(b).
S. 498ZV(6) amended by Nos 19/2019 s. 184(7), 9/2023 s. 146.
(6) If a notice of temporary relocation is given on the grounds specified in subsection (1)(a), (b), (c), (d), (e) or (f), the SDA provider must take reasonable steps to notify the provider of the SDA resident's daily independent living support as soon as possible.
S. 498ZV(7) amended by Nos 19/2019 s. 184(8), 9/2023 s. 191(4).
(7) During the relocation period specified under subsection (2), the SDA resident is excluded from the SDA dwelling as specified in the notice of temporary relocation and is to be relocated by the SDA provider in alternative accommodation that is suitable for the SDA resident for the duration of the temporary relocation period specified in the notice under subsection (2).
(8) Except as provided in subsection (9), an SDA provider must not use the area or room that was exclusively occupied by the SDA resident for another SDA resident during the relocation period specified in the notice of temporary relocation.
(9) If the notice of temporary relocation was given on a ground other than the ground specified in subsection (1)(i), the area or room that was exclusively occupied by the SDA resident may only be used—
(a) for emergency purposes; or
S. 498ZV(9)(b) amended by No. 19/2019 s. 184(9).
(b) on a short term basis for the purpose of providing short-term accommodation to a carer of a person with a disability.
S. 498ZV(10) amended by No. 9/2023 s. 191(5).
(10) At the expiry of a notice of temporary relocation, an SDA resident is entitled to return to the SDA dwelling unless a notice to vacate has been given under section 498ZX.
S. 498ZV(11) amended by No. 9/2023 s. 191(6).
(11) During the period that an SDA resident is relocated to alternative accommodation, including another SDA dwelling, the SDA resident is to be taken to be accommodated in emergency or transitional housing and this Division does not apply in respect of that accommodation.
(12) The SDA provider must take reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation as soon as is reasonably possible in the circumstances.
(13) The taking of reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation does not affect the continued application of that matter as the ground for the issue of the notice of temporary relocation.
Division 10—Termination and notices to vacate
S. 498ZW inserted by No. 38/2018 s. 293, amended by No. 19/2019 s. 185(4) (ILA s. 39B(1)).