Specialist Disability Accommodation (SDA) Procedure

SDA Properties > Specialist Disability Accommodation (SDA) Procedure

Authorised by Chief Executive Officer

Issue Date: 17 October 2024

This procedure explains how Kyeema will comply with NDIS regulations relating to Specialist Disability Accommodation (SDA). Some people living with disability have very high support needs.
This could mean they need to live in a specially designed house called specialist disability accommodation.

Consumer Affairs Victoria (CAV) is the Victorian SDA tenancies regulator. The quality and safety of SDA is regulated by the NDIS Commission.

This procedure relates to NDIS Standard: Specialist Disability Accommodation Module

Related legislation

NDIS Standard Practice Standards and Quality Indicators 2021

Residential Tenancies Act 1997 (RTA) Latest version 2 July 2019

Coroners Amendment Regulations 2022

NDIS (Specialist Disability Accommodation) Rules 2021

NDIA Specialist Disability Accommodation Operational Guidelines) August 2022

NDIS Pricing Arrangements for SDA 2022-23

NDIS Price Guide 2022/23

NDIS Terms of Business for Registered Providers of SDA 2020

Consumer Affairs Victoria

Office of the Public Advocate

Disability Act 2006

Occupational Health and Safety Act 2004

Disability and Social Services Amendment Act 2023 Vic

Scope This procedure applies to SDA provider, residents of SDA houses and SIL provider

Definition

Specialist disability accommodation (SDA) is a range of housing designed for people with extreme functional impairment or very high needs. SDA does not refer to the support services, but the homes in which these are delivered.

SDA enrolled dwellings An SDA enrolled dwelling is SDA that is enrolled as SDA with the NDIS. It has a specific meaning under the Residential Tenancies Act.

SDA dwellings SDA dwelling will be a new term in the Residential Tenancies Act. It will incorporate the existing definition of ‘SDA enrolled dwelling’, and other types of permanent accommodation with similar features and funded by other bodies, such as the TAC.

Extreme functional impairment means the participant has a lot of trouble doing daily tasks on their own or sometimes may not be able to do them at all.

Very high support needs means you need a lot of person-to-person support for a significant part of the day.

Supported Independent Living (SIL) refers to daily personalised supports which can be inside and/or outside of the home

SDA payment refers to the payment provided by the NDIA to cover SDA provision, to be included in a participant’s plan. This is separate to rent payments.

On-site overnight assistance (OOA) is the room used by workers for sleep overs and admin.

SDA Enrolled Dwellings

Kyeema has two SDA enrolled dwelling houses that are designed for High Physical Support with a room for on-site overnight assistance (OOA):

• 106 Palmer St Portland – 3 bedrooms plus OOA

• 108 Palmer St Portland – 2 bedrooms plus OOA

If a future home is purchased & requires modifications for participant needs, referral will be made to appropriate professionals such as occupational therapists.

Procedure

Who is eligible for SDA?

People who have severe functional impairment or very high support needs may be eligible for SDA funding supports. This process is undertaken by support coordinators and allied health practitioners. Kyeema is not involved in this process.

• SDA Funding Process Reference Flowchart SDA – 01

Expression of Interest Process

Once a participant has SDA funding, then they may apply for housing via the Expression of Interest process. This is explained in the:

• Vacancy Management Policy and Procedure for Kyeema Supported Accommodation

• SDA Accommodation Vacancy Matrix SDA-02

• SDA Offer of Residency in Kyeema SDA-14

• SDA Response to Offer of Residency in Kyeema SDA-15

An agreement is started when an offer has been accepted. There are two different agreements required:

1. SDA residency agreement

2. SDA service agreement from SIL provider

Providers need to offer residents of ‘SDA dwellings’ a choice about the type of residential agreements. The options available include a standard residential rental agreement under part 2 the Residential Tenancies Act, often called a lease or an SDA residency agreement under Part 12A of the Residential Tenancies Act, which provides some additional residential protections.

Starting an SDA residency agreement with your participant

The participant must receive the SDA Residency Agreement SDA-04 and the SDA Information Statement SDA-07 at least seven days before they enter into or establish an agreement. The easy read and large print versions are also available.

Step 1.

Residency Agreement and Information Statement

Gather the following forms and give these to the resident and support person:

• Easy Read Residency Agreement Poster SDA-03

• Residency Agreement SDA-04

• Information Statement SDA-07

• Easy read versions available if relevant (see links below)

Step 2.

Explain the information to the resident/support person in a way that they understand. Easy read and large print versions are available. The Residency Agreement Poster SDA-03 is useful when explaining the agreement process to the participant.

Poster

• SDA Easy Read Residency Agreement Poster SDA-03

Residency agreement

• SDA Residency Agreement SDA-04

• SDA Easy Read Residency Agreement Guide SDA-05

• SDA Large Print Residency Agreement Guide SDA-06

Information statement

• SDA Residency Agreement Information Statement SDA-07

• SDA Residency Agreement Information Statement Easy Read SDA-08

• SDA Residency Agreement Information Statement Large Print SDA-09

Step 3.

Enter into/establish the agreement at least seven days after you give the resident and support person the agreement.

Step 4.

Give the resident a copy of the signed agreement before they move in.

Step 5.

Notify Consumer Affairs within 14 days of entering into/establishing an SDA agreement

• https://forms.consumer.vic.gov.au/forms/sdara

SDA residency agreement

The resident does not pay a bond.

You can increase the rent every six months. View Rental payments in SDA.

The resident does not pay for damage to the property if the damage is because of:

• fair wear and tear

• their disability

• any equipment they need to help them with their disability

The resident can end the agreement at any time by giving you a Notice of intention to vacate. View Notices to end an SDA residency.

You cannot ask a resident to leave the property without first finding them suitable temporary accommodation. View Notice of temporary relocation on Notices to end an SDA residency.

Starting an SDA service agreement with your participant

SDA cannot be provided to an eligible participant unless a written service agreement is entered into by the provider of supports (SIL) and the participant.

Step 1.

Provide the participant with a copy of the SDA service agreement and support the participant to understand the terms and conditions that apply to their SDA home. Participants may prefer the easy read versions.

• SDA Service Agreement SDA-10

• SDA Easy Read Service Agreement SDA-11

SDA residential agreement and SDA service agreement

Finally, the participant must be provided with signed copies of the following forms, including easy read versions if applicable, before they move in:

• SDA Residency Agreement SDA-04

• SDA Residency Agreement information Statement SDA-07

• SDA House Rules for the Participant SDA-12

• SDA Service Agreement SDA-10

Each participant is supported to understand the terms and conditions that apply to their SDA house and the associated service and residency agreements.

NB: we don’t need the Schedule of Supports – NDS Helpdesk 10/22

Tenancy Management

Each participant can exercise choice and control by communicating with advocates, support workers and others. Procedures and forms are available for the participant to communicate via mail or electronically. Kyeema takes all requests for services, complaints and information seriously and endeavours to support the resident to resolve any enquiries and/or disputes in a timely manner.

Where a change in participant needs or circumstances occurs, and the supports exceed the house design category, then alternative accommodation may be required.

Where the participant does not consent to an agreement and thus chooses not to receive SDA service, Kyeema has a documented record of this retained on the participant’s file.

Not preference one participant over another

Registered Providers must not give preference to a participant over other participants. All residents must be afforded the same treatment, rights and choices. The requirement not to give preference to a participant also applies when the participant receiving SDA is a relative of the Provider.

Notices of Entry

To maintain separation of SDA services from SIL supports, Kyeema’s SDA properties are managed by the SDA Property Manager. Kyeema defines SDA Provider as the SDA Property Manager. The requirement for Notices of Entry will apply to Kyeema’s SDA Property Manager and not the Home and Living (SIL) Department.

• SDA Notice of Entry from the SDA Provider’s Property Manager Easy Read SDA-18

House rules

House rules are guidelines to help the residents live in the property peacefully.

The house rules are attached to the participant’s residency agreement. The provider explains the house rules to the resident in a way that they can understand.

• SDA House Rules for Residents SDA-12

• SDA Rights & Responsibilities House Rules Poster SDA-13

Can the provider change the house rules?

Yes. If the provider changes or updates the house rules, they must:

• give the resident a copy of the updated house rules at least 14 days before they come into effect, and

• explain the updated rules to the resident.

House rules cannot take away the resident’s legal rights. If a rule is unreasonable or takes away the resident’s rights, speak to the provider. If this doesn’t work, the resident can apply to VCAT who will decide whether the rule is acceptable. For more information, visit VCAT.

Request to change bedrooms

All tenantable bedrooms are numbered and align with the relevant property evacuation plan. As the bedroom numbers are described in your SDA residential agreement, switching bedrooms requires the resident to enter into a new SDA residential agreement with the property manager.

The residents are only able to switch bedrooms where the property manager has provided written approval. The following points need to be addressed with the property manager.

1. Name of resident

2. Current room number

3. Proposed new room number

4. Reason for the move

Once received, the property manager will consider the request and advise of the outcome. If agreed, the property manager will forward a termination of the resident’s current SDA Residency Agreement and a new SDA Residency Agreement for the resident’s new bedroom.

Modifying the property

The resident must not modify the SDA dwelling, unless permission from the property manager is received. This includes where funding may come from the NDIS and/or where a recommendation is provided by a subject matter expert, such as an occupational therapist. Examples of modifications requiring consent include the installation of locks and grab rails and changing of flooring or the toilet. If the resident would like to self-fund or request the department to fund a modification to the SDA dwelling, they can make a request by emailing and discussing with the property manager.

Community Visitors - looking out for the participants

Community visitors are volunteers who have legal powers to visit residents at the property. Their job is to make sure residents are being cared for and supported with dignity and respect. Residents can tell them about any issues or concerns they have. Community visitors report back to the Office of the Public Advocate (OPA).

Community Visitors have the right to visit under an SDA residency agreement at any time and without notice, and to exercise powers of inspection.

• SDA Residency Agreement Information Statement SDA-07 (24.Community visitors)

• Easy read What is a Community Visitor KCF-17

What can be done to prevent violence, abuse, neglect and exploitation in group homes?

The staff culture within a group home has a significant impact on the quality of supports delivered to those who live there. A culture based upon upholding the human rights of all people is fundamental to reducing violence, abuse, neglect and exploitation.

• Responding to Allegations of Abuse, Neglect & Exploitation Policy

Maintenance

Urgent repairs

What is an urgent repair?

An urgent repair must be fixed immediately. If an immediate repair is not possible, you must arrange to have it fixed as soon as possible, and at least within two days. If you do not, the resident can apply to VCAT to get an order for the repair to be made.

Urgent repairs are:

• a burst water service

• a blocked or broken toilet

• a serious roof leak

• a dangerous electrical fault

• flooding or serious flood damage

• serious storm or fire damage

• an essential service or appliance that is not working properly, or not working at all, such as, hot water, water, heating, cooking, laundering, electricity

• any fault or damage that makes the property unsafe or not secure

Non-urgent repairs

A non-urgent repair is any issue that is not an urgent repair. You must fix non-urgent repairs within 14 days.

Inspections of both SDA houses are conducted quarterly

• Workplace Inspection Checklist – Accommodation Services SF-34

Fire Risk Management in NDIS SDA

The Accommodation Services Fire Safety Procedure includes information about dwelling safety features, including fire alarms and building evacuation procedures, and how this information will be communicated to other providers who deliver supported independent living to each participant in the dwelling.

• Accommodation Services Fire Safety Compliance Procedure

Continuity of supports

Kyeema has procedures for continuity of SDA and support services in the event of a natural disaster or other emergency.

• Carelink rostering

• Emergency Response Plan SF-62

• Business Continuity Plan – General CF-01

Conflict of Interest

Each participant’s right to exercise choice and control over other NDIS support provision is not limited by their choice of SDA dwelling.

As Kyeema is both the SDA housing provider and a SIL in house support provider, Kyeema has a potential conflict of interest. To allow residents to exercise their freedom of choice, participants are given the SDA Provider Resource List:

• K:\SDA Properties Palmer St – SDA Provider Resource List

Any choice of service is driven by the participant or guardian choice. As a group, the residents may choose another service provider for the in house supports such as house cleaning.

Participants are supported to understand this potential conflict of interest and how Kyeema will deal with potential conflicts.

• SDA Conflict of Interest Easy Read SDA-17

Separate service agreements are required when Kyeema, as the SDA provider, is delivering supports to the SDA residents. Kyeema has separate service agreements for SDA and SIL.

• SDA Service Agreement SDA-10

• Participant Service Agreement FF-11 (SIL)

Security of tenure is upheld no matter where participants source their NDIS supports.

• SDA Residency Agreement SDA-04

How will conflicts of interest with other providers be managed?

Where possible, communicate with management of the other provider to seek resolution of the conflict. Where the conflict of interest is with individual support worker/s, have a discussion with the residents regarding their choice of worker/s. Escalate the conflict to community advocate or SW Advocacy Association if required.

• Conflict of Interest – Staff

• Code of Conduct -Staff

• ‘It is important to work in the best interests of the participant, including when the participant chooses supports from someone other than Kyeema. Conflict of interest may arise when a participant wishes to use another support that impacts on the shifts of the Kyeema staff. Our mission is for participants to get the best out of life, so if there are more appropriate supports that help them develop, do not hesitate to assist the participant to access them’.

Conflicts of interest are documented in the Conflict of Interest Register (k\d / Admin / Board of Management / Conflict of Interest Register).

How will residents’ sexual expression and potential conflicts be managed?

Residents have the right to explore, express and enjoy their sexuality, and to receive appropriate sexual health information and services

If support workers know that adults with a disability are engaging in sexual activity, they must not intervene unless the activity is illegal, happening in an inappropriate place, or there are duty of care issues (for example, suspicion of abuse or coercion). Staff should still support people’s safety and wellbeing (for example, by linking them to information, education or services).

Family may hold different values and attitudes to those of the person with a disability. Sometimes there will be conflict between the wishes of the person with a disability and the wishes of the family. It is important for support workers to listen respectfully to all parties. Remember that the values and attitudes of the person with a disability take priority.

• making referrals to counselling if a person wants to discuss sensitive or complex issues in depth

• making referrals to advocates if there is conflict between the values and attitudes of the person with a disability and those of carers, family members, co-residents, support workers or providers

Ref: DFFH Personal relationships, sexuality and sexual health policy and guidelines Disability Services 2006

Role of Consumer Affairs Victoria

Consumer Affairs Victoria (CAV) within the Department of Justice and Community Safety regulates the provision of SDA under the RTA including:

• ensuring SDA is provided in accordance with the requirements of the RTA

• informing SDA residents and providers of their rights and obligations under the RTA

• providing forms and notices for SDA, including the SDA residency agreement and Information Statement

• providing information in an accessible format that SDA residents can understand

• investigating and conciliating complaints and disputes

• maintaining a list of SDA residency agreements to identify properties that are visitable by Community Visitors- Note: Community Visitors have the right to visit an SDA enrolled dwelling provided under an SDA residency agreement at any time and without notice, and to exercise powers of inspection.

Responsibilities

SDA providers are responsible for:

• setting and collecting rent

• telling residents about any changes to the residency agreement

• addressing complaints about the SDA

• treat residents with dignity and respect

• protect their privacy and comply with privacy laws about holding, using and sharing their personal and health information

• declare any conflicts of interest you may have, such as an affiliation with the resident’s Supported Independent Living (SIL) provider or other services

• install things in the property if the resident needs them for their disability

• maintain the property in good repair, including anything you install. You must give the NDIS Quality and Safeguards Commission an annual declaration that you are meeting this requirement. For more information, visit NDIS.

• make sure any repairs or renovations are done by qualified tradespeople, and you minimise any inconvenience to the resident while these are carried out

• make sure the property is secure

• not unreasonably refuse to let the resident keep a pet. You can refuse if:

o other residents living at the property do not want a pet in the property, or

o the pet would create a health and safety hazard.

A breach of duty is when you do not:

• carry out your responsibilities

• follow the agreement, or

• follow rental laws.

Breach of duty notices are available from: https://www.consumer.vic.gov.au/housing/specialist-disability-accommodation/for-providers/responsibilities-of-sda-providers-during-a-residency

Providers have the same responsibilities as landlords in Victoria.

Ongoing Compliance

Ongoing external audits

Community Visitors provide feedback

Fire safety compliance – refer to Accommodation Services Fire Safety Compliance Procedure

• Quarterly inspections of the houses - Workplace Inspection Checklist – Accommodation Services SF-34

Kyeema to conduct an SDA internal annual audit

• Fire safety compliance

• OHS

• Property inspections – Property Manager to use the form SDA-18 to request access

Reporting

Notifying Consumer Affairs Victoria (CAV) about SDA residency agreements and other notices

NDIS registered SDA providers must notify CAV as regulator under the RTA of all SDA residency agreements:

• entered into – where a resident can sign the SDA residency agreement independently with the provider or

• established – where a resident needs support to understand the SDA residency agreement (i.e. the resident does not sign the agreement)

An SDA provider must also notify CAV if they give a resident certain notices, and if a resident gives certain notices under the RTA.

For more information visit the CAV website https://forms.consumer.vic.gov.au/forms/sdaln

Do I have to tell the NDIA about vacancies in my SDA enrolled dwelling?

Yes.

Where the dwelling is already occupied, Kyeema must notify the NDIA within 5 business days of a vacancy arising in an SDA dwelling via the online form here . This is to ensure notice is given for cessation of funding to the provider.

You may opt out of listing the vacancy in the SDA Finder when you complete the online form however you must still notify the NDIA of the vacancy

SDA Participant Deaths to Victorian Coroners Court

The Victorian Department of Justice and Community Safety has introduced new requirements for providers of daily independent living supports to report deaths of Specialist Disability Accommodation (SDA) residents to the Victorian Coroners Court or Victorian Institute of Forensic Medicine where they have reasonable grounds to believe that the death has not already been reported.

• Victorian SIL providers must now report all deaths of SDA participants to the Victorian Coroners Court.

• You can report a death to the Court on 1300 309 519.

The Office of the Public Advocate (OPA)

Role of OPA with SDA

Under the Residential Tenancies Act 1997, a provider of specialist disability

accommodation (SDA) is required to notify the Public Advocate when the SDA provider

issues or receives certain notices.

These notices are:

• A notice of temporary relocation given by the SDA provider

• A notice to vacate given by the SDA provider

• A notice from a resident of their intention to vacate

• A notice from a resident of their intention to terminate the agreement because they

• were not properly provided with information

• A notice to vacate from the owner who intends to sell the property

• A notice to vacate from a mortgagee who intends to take possession of the property.

Source: NDS

Review and Evaluation

Housing and Development Committee to review annually the effectiveness of SDA procedures.

Complaints & Disputes

Feedback and complaints from participants:

• Speaking UP Brochure KCF-10

• Complaints Poster KCF-18

• A Notice for your SDA Provider SDA-16

Complaints about compliance with SDA residency agreements, rental agreements and Victorian rental laws

Where there is evidence of non-compliance with Victorian renting laws, or where SDA providers and residents have attempted to resolve the problem and it remains unresolved, Consumer Affairs Victoria (CAV) may be able to assist conciliate the dispute.

Telephone: 1300 558 181

Website: consumer.vic.gov.au

For more information visit the Residential accommodation complaint page on Consumer Affairs Victoria website.

Complaints Register – "K:\Admin\Complaints\Complaints Register 20xx-20xx.xlsx"

Responding to Concerns

Complaints & appeals are to be acknowledged within 2 business days of receipt.

Kyeema aims to resolve complaints or appeal within 15 working days. Sometimes this may take longer, depending on the problem.

• Speaking UP Brochure KCF-10

• A Notice for your SDA Provider SDA-16

Awareness and Training

Participants and nominees are given information.

Workers receive training in SDA

• SDA Power Point – Sentrient LMS

• Fire Safety Training

Record Keeping

Maintaining SDA records

• each participant receives a copy of their agreement signed by the participant and the provider. Where this is not practicable, a record is made detailing the circumstances in which the participant did not receive a copy of their agreement

• perceived or actual conflicts are recorded in the Conflict of Interest Register

• provide invoices of the services delivered – Accounts Receivable - Carelink & MYOB

• payments from residents, including rent – Accounts Receivable procedure

• requests for repairs or maintenance, and what you did about those requests

• complaints from residents, and what you did about those complaints

• any visits from a community visitor

You must keep these records for five years and let residents inspect these records.

Maintaining SIL records

Kyeema must keep full and accurate accounts and financial records of the supports delivered to NDIS participants, along with records of service agreements for a period of no less than 5 years.

Provision of information

Kyeema will be required to recommit to the Terms of Business as in force on an annual basis. The Provider Portal (myplace) will auto-generate a notice to renew their agreement to the Terms of Business. Failure to do so will result in the provider being unable to request payment until compliance is achieved.

If requested by the Agency, Kyeema must provide to the Agency within 30 days from the date of the request or within the time specified in the request, any of the following documents:

• A copy of Kyeema’s most recent financial statements

• A copy of the most recent insurance certificate

• Any document that may be connected to provision of supports

Related Polices, Procedures and Documents:

Vacancy Management Policy and Procedure for Kyeema Supported Accommodation

Responding to Allegations of Abuse, Neglect & Exploitation Policy

Accounts Receivable

Accommodation Services Fire Safety Compliance Procedure

SDA Funding Process Reference Flowchart SDA-01

SDA Accommodation Vacancy Matrix SDA-02

SDA Easy Read Residency Agreement Poster SDA-03

SDA Residency Agreement SDA-04