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DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 295

Definitions

    (1)     In section 3(1) of the Residential Tenancies Act 1997 insert the following definitions—

""NDIA "has the same meaning as it has in section 498B;

"NDIS "has the same meaning as it has in section 498B;

"Public Advocate" has the same meaning as in the Disability Act 2006 ;

"SDA enrolled dwelling" means a permanent dwelling—

        (a)     that provides long-term accommodation for one or more SDA residents; and

        (b)     that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth as in force from time to time or under other rules made under the National Disability Insurance Scheme Act 2013 of the Commonwealth; and

        (c)     that may comprise of—

              (i)     an area or room exclusively occupied by an SDA resident and common areas shared by other SDA residents under an SDA residency agreement; or

              (ii)     the dwelling as a whole occupied exclusively by an SDA resident under an SDA residency agreement; or

              (iii)     the dwelling as a whole occupied under a tenancy agreement by at least one SDA resident and other occupants who may or may not be SDA residents;

"SDA provider" has the same meaning as it has in section 498B;

"SDA residency agreement "has the same meaning as it has in section 498B;

"SDA resident" has the same meaning as it has in section 498B;

"SDA resident's administrator" has the same meaning as it has in section 498B;

"SDA resident's guardian" has the same meaning as it has in section 498B;".

    (2)     In section 3(1) of the Residential Tenancies Act 1997

        (a)     in the definition of "health or residential service", in paragraph (f), for " 2010 ;" substitute " 2010 —";

        (b)     in the definition of "health or residential service", after paragraph (f) insert

"but does not include premises used for specialist disability accommodation that is an SDA enrolled dwelling;"

        (c)     in the definition of "rent", before "means" insert "(except in Part 12A)";

        (d)     in the definition of "rooming house", after "building" insert ", other than an SDA enrolled dwelling,";

        (e)     in the definition of "tenancy agreement", for "residence;" substitute "residence, but does not include an SDA residency agreement;";

        (f)     in the definition of "urgent repairs", after paragraph (h)(iii) insert

    "(iv)     an SDA provider in an SDA enrolled dwelling; or";

        (g)     in the definition of "urgent repairs", in paragraph (i), for "or a caravan" substitute ", a caravan or an SDA enrolled dwelling";

        (h)     in the definition of "urgent repairs", in paragraph (j), for "or caravan owner" substitute ", caravan owner or SDA provider";

              (i)     in the definition of "urgent repairs", in paragraph (k), for "or a caravan" substitute ", a caravan or an SDA enrolled dwelling".



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