Victorian Numbered Acts

DISABILITY SERVICE SAFEGUARDS ACT 2018 (NO. 38 OF 2018) - SECT 310

After Schedule 1 to the Residential Tenancies Act 1997 insert —

" Schedule 2—Transitional provisions— Disability Service Safeguards Act 2018

        1     Residential statements

    (1)     This clause applies to a resident who is an SDA resident—

        (a)     living in a permanent dwelling that provides long-term accommodation to one or more SDA residents and that is enrolled as an SDA dwelling under the National Disability Insurance Scheme (Specialist Disability Accommodation) Rules 2016 of the Commonwealth; and

        (b)     who has been given a residential statement before the commencement day; and

        (c)     who, on the commencement day—

              (i)     has not entered into a tenancy agreement with an SDA provider; or

              (ii)     has not entered into an SDA residency agreement with an SDA provider; or

              (iii)     has not worked with an SDA provider to establish an SDA residency agreement.

    (2)     On the commencement day, Part 5 of the Disability Act 2006 as in force immediately before the commencement day, continues to apply to the SDA resident until the earlier of the following—

        (a)     the SDA resident enters into a tenancy agreement with an SDA provider;

        (b)     the SDA resident enters into an SDA residency agreement with an SDA provider;

        (c)     the SDA resident works with the SDA provider to establish an SDA residency agreement;

        (d)     the end of 6 months after the commencement day.

    (3)     In this clause—

"commencement day" means the day sections 293 and 313 of the Disability Service Safeguards Act 2018 come into operation;

"disability service provider" has the same meaning as it has under section 3(1) of the Disability Act 2006 ;

resident has the same as it has in section 3(1) of the Disability Act 2006 ;

residential statement means the residential statement given to a person with a disability by disability service provider under Part 5 of the Disability Act 2006 .

        2     Regulations dealing with transitional matters

    (1)     The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of—

        (a)     Part 12A; and

        (b)     Division 2 of Part 18 and Part 19 of the  Disability Service Safeguards Act 2018 .

    (2)     Regulations made under this clause may—

        (a)     have a retrospective effect to a day on or from the date that the Disability Service Safeguards Act 2018 receives the Royal Assent; and

        (b)     be of limited or general application; and

        (c)     differ according to differences in time, place or circumstances; and

        (d)     leave any matter or thing to be decided by a specified person or class of persons; and

        (e)     provide for the exemption of persons or matters or a class of persons or matters from any of the regulations made under this section.

    (3)     Regulations made under this clause have effect despite anything to the contrary—

        (a)     in any Act (other than this Act or the  Charter of Human Rights and Responsibilities Act 2006 ); or

        (b)     in any subordinate instrument.

    (4)     This clause is repealed on the second anniversary of the day on which it comes into operation.".

Part 19—Amendment of Disability Act 2006 consequential on enactment of Part 12A of Residential Tenancies Act 1997