Man in wheelchair playing with his daughter

Disability Accommodation Rights Review

Rights in Specialist Disability Accommodation

Victoria is committed to the National Disability Insurance Scheme (NDIS) principles of choice and control. Every NDIS participant should be empowered to exercise choice and control in every part of their life – especially in choosing accommodation.

Current regulations around rights in supported accommodation were made for a different disability services model, which makes it difficult for residents to change service providers without having to move house. This type of legislation is not fit for an NDIS world.

To update this legislation, we heard from you about what you like and don’t like about the current legislation, and what you want to see happen in the future.

Any new legislation will work to support residents to move wherever they like and know their tenancy is secure and rights are protected.

This happened hand in hand with the community so that people with disability, their families and carers, staff, service providers and advocacy groups all had a say.

Public consultation opened on Thursday 13 April 2017 and closed on Friday 30 June 2017. During this period, members of the community attended consultation sessions and made submissions through Engage Victoria.

The Victorian Government will use all information gathered through this consultation to inform future decisions about the legislative framework.

Consultation session responses

Over 300 people attended the 42 consultation sessions held around Victoria.

Nucleus Group was engaged to facilitate consultation sessions with families, carers, providers and staff.

The Victorian Advocacy League for Individuals with Disability Inc. was engaged to facilitate consultation sessions with specialist disability accommodation residents.

Thank you to everyone who attended and participated in a consultation session, and to all the organisations, family members, friends and residents who made submissions to this consultation.

You can find the consultation paper, summaries of the consultation responses and public submissions on our Engage Victoria page.

Not all submissions could be published due to our commitment to protecting respondents' privacy, in alignment with the Privacy and Data Protection Act 2014, the Charter of Human Rights and Responsibilities Act 2006 and the Health Records Act 2001. All submissions, public or private, are being considered in this review.

Background information

Scope of the consultation

This consultation will only consider the rights of individuals receiving specialist disability accommodation (SDA) funding from the National Disability Insurance Agency (NDIA) due to their significant functional impairment and/or very high support needs.

This is because the need for legislative review is directly linked to the rollout of the NDIS and primarily impacts those who receive or will receive NDIS funding.

This consultation did not review the rights of any accommodation arrangements that do not receive SDA funding from the NDIA. Examples of groups that are not being considered in this review are people residing in aged care homes and people with disability living in mainstream housing.

Key feedback issues

Topics addressed in the paper that we asked to hear from you about included:

  • Updating the Residential Statement
  • Housemates
  • Accessing the house and room
  • Paying rent and money management
  • Modifying the house
  • Repairing damages
  • Eviction and relocation
  • House management
  • Legislation

Some of the key questions we asked you to think about when responding were:

  • What currently works well in supported accommodation?
  • What doesn’t work so well and needs to be improved?
  • What's missing?
  • Is there anything new Government should consider because of the NDIS?
  • What should be covered in legislation?