An SDA provider may give a resident a notice of temporary relocation on a number of grounds. These are set out in section 498ZV(1) of the Residential Tenancies Act:
(a) the SDA resident by act or omission endangers the safety of other SDA residents or staff at the SDA enrolled dwelling
(b) the SDA resident is causing serious disruption to the proper use and enjoyment of the SDA enrolled dwelling by other SDA residents
(c) the SDA resident is a danger to themselves and the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling
(ca) the SDA resident can no longer be appropriately supported in the SDA enrolled dwelling
(d) it is for the SDA resident’s safety or wellbeing
(e) the SDA resident has caused serious damage or destroyed any part of the SDA enrolled dwelling
(f) the SDA resident has used the SDA enrolled dwelling for a purpose that is illegal at common law or under an Act
(g) specialist disability accommodation will no longer be provided at the SDA enrolled dwelling
(h) the SDA enrolled dwelling is no longer suitable for the provision of specialist disability accommodation
(i) the SDA provider intends to repair, renovate or reconstruct the SDA enrolled dwelling immediately after the notice of temporary relocation has effect 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 area or room of the SDA enrolled dwelling exclusively occupied by the SDA resident.
Behaviour grounds
Grounds (a), (b), (c), (ca), (e) and possibly (d) relate to a person’s behaviour. There is a requirement that ‘the SDA provider must take reasonable steps to resolve the matter giving rise to the issue of the notice of temporary relocation as is reasonably possible in the circumstances’ (RTA section 498ZV(12)).
The SDA provider is unlikely to have detailed knowledge and understanding of the resident’s behaviour and so OPA will look to the SIL provider for this. OPA will also look to the SIL provider as key to working through the reasonable steps to resolve the behavioural matters that have given rise to the issue of the notice.
Checklist
OPA expects the SIL provider will, upon request, provide information regarding:
The resident
▢ name, address and contact details for the resident
▢ the resident’s date of birth
▢ the resident’s disability
▢ the resident’s views about the relocation and the reasons for it.
The resident’s supports
▢ contact details of the SIL provider at the place of relocation
▢ a copy of the resident’s NDIS plan
▢ the name and contact details of the NDIS planner
▢ the names and contact details of the resident’s other service providers, such as the NDIS support coordinator, day program, employment
▢ the names and contact details of any government body involved to assist the resident, you, the SIL provider and SDA provider (for example, MACNI)
▢ the names and contact details of the resident’s supports, such as family, advocates, guardian, administrator, NDIS plan nominee or correspondence nominee
▢ the name and contact details of any lawyer supporting the resident.
The issues that led to the giving of the notice
▢ a statement of events that led to the giving of the notice (OPA will first seek this from the SDA provider)
▢ a copy of any incident reports relevant to the issues that led to the giving of the notice
▢ a copy of any analysis of the incident reports (if available)
▢ a copy of any behaviour support plan currently in use and previously in use
▢ a copy of any implementation report of the behaviour support plan
▢ a copy of any assessment that is relevant to understanding the behaviour of the resident
▢ what steps, if any, have been taken to resolve the matters that led to the issuing of the notice
▢ what steps the SIL provider considers necessary or helpful in resolving the matters that led to the issuing of the notice.
The SIL provider
▢ whether the SIL is receiving in-kind support from DHHS in relation to the SDA dwelling as it is a DHHS owned dwelling
▢ the SIL provider’s relationship with the SDA provider
▢ whether they are related entities
▢ whether there is a collaboration agreement
▢ whether there is anything in the collaboration agreement relevant to the issuing of the notices.
Repair, renovation and reconstruction of the SDA dwelling
An SDA provider may give a resident a notice of temporary relocation in order to repair, renovate or reconstruct the SDA dwelling.
The period of relocation cannot be ‘longer than the time required to carry out the work’ (RTA s498ZV(2)(b)(ii)).
Where the repairs etc will not affect all areas or rooms, the resident must not be given a notice unless the SDA provider has first offered an equivalent area or room to the resident and the resident has refused to occupy that area or room (RTA s498ZV(3)).
Checklist
OPA expects the SIL provider will, upon request, provide information regarding:
The resident
▢ name, address and contact details for the resident
▢ the resident’s date of birth
▢ the resident’s disability
▢ the resident’s views about the relocation and the reasons for it.
The resident's supports
▢ contact details of the SIL provider at the place of relocation (if different)
The repairs, renovation or reconstruction
▢ the likely time-frame for the repairs etc.
The SIL provider
▢ whether the SIL is receiving in-kind support from DHHS in relation to the SDA dwelling as it is a DHHS owned dwelling
▢ the SIL provider’s relationship with the SDA provider
▢ whether they are related entities
▢ whether there is a collaboration agreement
▢ whether there is anything in the collaboration agreement relevant to the issuing of the notices.
Other grounds
Where the notice of temporary relocation has been issued on other grounds (for example, the property is to be sold), OPA expects the SIL provider will assist OPA in a collaborative way to bring about optimal outcomes for the resident.
Office of the Public Advocate
