Victorian Current Acts Victorian Current ActsS. 498ZX(1) amended by No. 9/2023 s. 194(1).
(1) An SDA provider may give an SDA resident a written notice to vacate an SDA dwelling if—
(a) the SDA resident owes at least 14 days unpaid rent to the SDA provider; or
S. 498ZX(1)(b) amended by No. 9/2023 s. 194(1).
(b) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA dwelling; or
S. 498ZX(1)(c) amended by No. 9/2023 s. 194(1).
(c) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA dwelling by other SDA residents; or
S. 498ZX(1)(d) amended by No. 9/2023 s. 194(1).
(d) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA dwelling; or
S. 498ZX(1)(e) substituted by No. 19/2019 s. 187(1), amended by No. 9/2023 s. 194(1).
(e) the SDA resident can no longer be appropriately supported in the SDA dwelling; or
S. 498ZX(1)(f) substituted by No. 19/2019 s. 187(1), amended by No. 9/2023 s. 194(1).
(f) the SDA resident has caused serious damage or destroyed any part of the SDA dwelling; or
S. 498ZX(1)(g) amended by No. 9/2023 s. 194(1).
(g) the SDA resident has used the SDA dwelling for a purpose that is illegal at common law or under an Act; or
S. 498ZX(1)(h) amended by Nos 19/2019 s. 187(2)(a), 9/2023 s. 194(1).
(h) the SDA provider intends to repair, renovate or reconstruct the SDA dwelling immediately after the termination date and has obtained all necessary permits and consents to carry out the work and the work cannot be properly carried out unless the SDA resident vacates the SDA dwelling; or
Note to s. 498ZX(1)(h) inserted by No. 19/2019 s. 187(3).
Note
S. 498ZX
(1)(ha) inserted by No. 19/2019 s. 187(2)(b),
amended by No. 9/2023 s. 194(1).
(ha) the SDA provider intends to demolish the SDA dwelling immediately after the termination date and has obtained all necessary permits and consents to carry out the demolition and the demolition cannot be properly carried out unless the SDA resident vacates the SDA dwelling; or
S. 498ZX (1)(i)(j) repealed by No. 19/2019 s. 187(4).
* * * * *
S. 498ZX(1)(k) amended by No. 9/2023 s. 194(1).
(k) the SDA dwelling is to be sold or offered for sale with vacant possession; or
(l) the SDA resident has failed to comply with an order of the Tribunal under section 498ZS.
(2) A notice to vacate on a ground specified under subsection (1)(a) cannot be given unless—
(a) a breach of duty notice has been given to the SDA resident in respect of that ground; and
(b) the SDA resident has not taken steps to remedy the breach within 14 days after the notice was given to the SDA resident.
(3) A notice to vacate on a ground specified under subsection (1)(b), (c), (d), (e), (f), (g), (h), (i) or (j) cannot be given unless—
(a) a temporary relocation notice was validly issued under section 498ZV on a ground corresponding to that specified in the notice to vacate; and
(b) the temporary relocation notice was given at least 24 hours previously.
(4) A notice to vacate on a ground specified under subsection (1)(b), (c), (d), (e), (f) or (g) cannot be given unless an SDA provider reasonably believes that the conduct constituting the breach is likely to reoccur.
S. 498ZX(4A) inserted by No. 19/2019 s. 187(5).
(4A) An SDA provider must not give an SDA resident a notice to vacate on a ground specified in subsection (1)(f) or (1)(l) if any of the following have significantly contributed to the serious damage or destruction caused, or the failure to comply with an order—
S. 498ZX (4A)(a) amended by No. 9/2023 s. 194(2).
(a) in the case of damage to, or destruction of, an SDA dwelling, fair wear and tear;
S. 498ZX (4A)(b) amended by No. 9/2023 s. 194(2).
(b) in the case of damage to, or destruction of, an SDA dwelling, accidental damage;
S. 498ZX (4A)(c) amended by No. 9/2023 s. 194(2).
(c) the reasonable use of the SDA dwelling;
S. 498ZX (4A)(d) amended by No. 9/2023 s. 194(2).
(d) the reasonable use of any aids, equipment, fixtures and fittings used in the SDA dwelling;
(e) the act or omission of a person who is not the SDA resident;
(f) any behaviour arising from the SDA resident's disability including circumstances aggravating to the SDA resident's disability or emotional wellbeing;
(g) a failure by a person to implement or comply with the SDA resident's support plan or NDIS behaviour support plan;
(h) the unauthorised use of a restrictive practice within the meaning of the Disability Act 2006 ;
(i) circumstances suggesting that the SDA resident has been subjected to abuse or neglect.
S. 498ZX(4B) inserted by No. 19/2019 s. 187(5).
(4B) An SDA provider must not give an SDA resident a notice to vacate under subsection (1)(l) if the Tribunal's order under section 498ZS was in respect of a breach of duty notice given under section 498N(2)(f).
(5) If—
S. 498ZX(5)(a) amended by No. 9/2023 s. 194(3).
(a) the proposed repairs, renovations or reconstruction will affect the area or room of the SDA dwelling exclusively occupied by the SDA resident but will not affect all of the areas or rooms of the SDA dwelling; and
S. 498ZX(5)(b) amended by No. 9/2023 s. 194(3).
(b) an area or room equivalent to the SDA resident's area or room at an equivalent rent is available in the SDA dwelling—
the SDA provider must not give the notice under subsection (1)(h) unless the SDA provider has first offered an equivalent room to the SDA resident and the SDA resident has refused to occupy that room in place of the SDA resident's current room.
(6) A notice to vacate under this section—
(a) must specify the ground on which the notice is given; and
S. 498ZX
(6)(ab) inserted by No. 19/2019 s. 187(6).
(ab) must specify that the SDA resident may apply to the Tribunal under section 498ZZC for review of the notice within 90 days of the day on which the notice was issued; and
S. 498ZX
(6)(ac) inserted by No. 19/2019 s. 187(6).
(ac) in the case of a notice to vacate given on a ground under subsection (1)(h) or (k), must be accompanied by documentary evidence, as approved by the Director from time to time, which supports the reasons for giving the notice; and
Note
See section 486A.
(b) must specify a termination date that is not less than 90 days after the date on which the notice is given; and
(c) must be signed by the SDA provider; and
(d) must be given to—
(i) the SDA resident; and
(ii) the SDA resident's guardian or the SDA resident's administrator, if any.
S. 498ZX(7) amended by Nos 19/2019 s. 187(7)(8), 9/2023 s. 152.
(7) The SDA provider must notify the Chief Executive Officer of the NDIA and the Director of the details of a notice to vacate within 24 hours of the notice being given to an SDA recipient.
Penalty: 60 penalty units.
S. 498ZX(8) amended by No. 19/2019 s. 187(9)(10), substituted by No. 9/2023 s. 231.
(8) The SDA provider must notify the Director of the details of a notice to vacate within 24 hours after the notice has been given to an SDA resident who is not an SDA recipient, including any of the following—
(a) a DSOA client;
(b) an SDA resident whose daily independent living support is funded by the Transport Accident Commission or the Victorian WorkCover Authority.
Penalty: 60 penalty units.
S. 498ZX(8A) inserted by No. 9/2023 s. 231.
(8A) After receiving a notification under subsection (7) or (8), the Director must provide the details of the notice to vacate to the Public Advocate.
S. 498ZX(8B) inserted by No. 9/2023 s. 231.
(8B) After receiving a notification under subsection (8), the Director must provide the details of the notice to vacate to the Transport Accident Commission or the Victorian WorkCover Authority (as the case requires) if the SDA resident is a person specified in subsection (8)(b).
S. 498ZX(9) amended by Nos 19/2019 s. 187(11), 9/2023 s. 147.
(9) If a notice to vacate is given on the grounds specified in subsection (1)(b), (c), (d), (e) or (f), the SDA provider must take reasonable steps to notify the provider of the SDA resident's daily independent living support as soon as possible.
S. 498ZY inserted by No. 38/2018 s. 293.