Victorian Current Acts

RESIDENTIAL TENANCIES ACT 1997 - SECT 498BA

    (1)     In this Act, an "SDA dwelling" means—

        (a)     an SDA enrolled dwelling; or

        (b)     any other permanent dwelling that provides long term accommodation and where daily independent living support is provided to one or more residents with a disability funded by a specified entity or program and may comprise—

              (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 residential rental agreement by at least one SDA resident and other occupants who may or may not be SDA residents.

    (2)     An SDA dwelling does not include the following—

        (a)     premises that are not occupied under an SDA residency agreement or a residential rental agreement;

Note

See also section 26(3) and the definition of residential rental agreement in section 3(1).

        (b)     a premises occupied under a residential rental agreement in relation to which the residential rental provider and, if appropriate, the head renter of the premises—

              (i)     do not receive funding from a specified entity or program in relation to any disability support provided at the premises; and

              (ii)     have not entered into an agreement with a specified entity or program in relation to any disability support provided at the premises;

        (c)     a health or residential service;

        (d)     temporary crisis accommodation;

        (e)     a short-term accommodation dwelling or accommodation that is used to provide respite or transitional accommodation.

    (3)     In this section—

"head renter", in relation to rented premises, means a person who—

        (a)     is a renter of the premises under the head residential rental agreement within the meaning of section 91R(1); and

        (b)     has granted another person possession of the premises under a sub-residential rental agreement within the meaning of that section.

S. 498C (Heading) amended by No. 9/2023 s. 163(1).

S. 498C inserted by No. 38/2018 s. 293.