Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SCHEDULE 3

Schedule 3—Transitional provisions—Disability and Social Services Regulation Amendment Act 2023

        1     Definitions

In this Schedule—

"disability service provider" has the same meaning as it has in the Disability Act 2006 ;

"group home" means a residential service which is declared to be a group home by the Minister under section 64 of the Disability Act 2006 as in force immediately before its repeal by the Disability and Social Services Regulation Amendment Act 2023 ;

"residential statement", in relation to a disability service provider providing services to a group home, means a residential statement within the meaning of section 57 of the Disability Act 2006 , as in force immediately before the commencement of Division 1 of Part 2 of the Disability and Social Services Regulation Amendment Act 2023 .

        2     Group homes

    (1)     A group home is, on and from the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 , taken to be an SDA dwelling.

    (2)     A person who is a resident of a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and from that commencement, to be an SDA resident until the person enters into an SDA residency agreement or residential rental agreement.

    (3)     Subject to subclause (4), a disability service provider operating a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and from that commencement to be an SDA provider until the provider enters into an SDA residency agreement or residential rental agreement.

    (4)     If a disability service provider operating a group home immediately before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is not the owner or leaseholder of a group home, the owner or leaseholder of the group home immediately before that commencement is taken, on and from that commencement to be an SDA provider until the provider enters into an SDA residency agreement or residential rental agreement.

    (5)     A residential statement given to a resident of a group home by a disability service provider before the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 is taken, on and after the commencement of that section, to be an SDA residency agreement made in accordance with Division 3 of Part 12A in relation to which—

        (a)     the period to which the residential statement relates specified under section 57(2)(a) of the Disability Act 2006 is the term of the SDA residency agreement for the purposes of section 498F(6)(c); and

        (b)     the rent component of the residential charge specified under section 57(2)(d) of the Disability Act 2006 is the rent for the purposes of section 498J(1)(b); and

        (c)     the services component of the residential charge specified under section 57(2)(d) of the Disability Act 2006 is the amount of utilities charges for the purposes of section 498J(1)(c).

        3     Deemed SDA providers

    (1)     This clause applies to—

        (a)     a group home taken to be an SDA dwelling under clause 2(1); and

        (b)     a person taken to be an SDA resident under clause 2(2); and

        (c)     a disability service provider taken to be an SDA provider under clause 2(3); and

        (d)     the owner or leaseholder of a group home taken to be an SDA provider under clause 2(4).

    (2)     An SDA provider must give an SDA resident an information statement no later than 6 months after the commencement of section 90 of the Disability and Social Services Regulation Amendment Act 2023 .

Penalty:     300 penalty units in the case of a natural person;

750 penalty units in the case of a body corporate.

    (3)     An information statement given under subclause (2) must—

        (a)     be in the form approved by the Director for the purposes of section 498D(3); and

        (b)     comply with section 498E.

    (4)     Subject to subclause (5), as soon as practicable after giving an SDA resident an information statement under subclause (2), an SDA provider must make all reasonable efforts to—

        (a)     enter into an SDA residency agreement with the SDA resident in respect of the SDA dwelling; or

        (b)     work with the SDA resident in accordance with section 498G to establish an SDA residency agreement in respect of the SDA dwelling; or

        (c)     enter into a residential rental agreement in respect of the SDA dwelling.

    (5)     In the case of an information statement for an SDA residency agreement that is taken to be an SDA residency agreement under clause 2(5), the SDA provider must make all reasonable efforts to take the action required under subclause (4)(a), (b) or (c) before the end of the term of the SDA residency agreement as determined under clause 2(5)(a).

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