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RESIDENTIAL TENANCIES ACT 1997 - SCHEDULE 2

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 .

Sch. 2 cl. 2 repealed by No. 109/1997 Sch. 2 cl. 2(4).

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