The Disability Act 2006 provides a legislative framework for people with a disability which reaffirms and strengthens their rights.
The Disability Act is guided by the principles of human rights, and provides the framework for a whole of government, whole of community approach to improve the social and economic participation of people with disability in the community.
Some of the key objectives of the Disability Act are to:
- Advance the inclusion and participation in the community of people with disability
- Promote and protect the rights of people with disability
- Support the delivery of high-quality services and make disability service providers accountable to people accessing their services
- Provide a process for authorising the proper use of restrictive practices on people with disability.
The Disability (NDIS Transition) Amendment Act 2019 makes amendments to the Disability Act with an aim to meet Victoria's obligations under the National Disability Insurance Scheme (NDIS) Quality and Safeguards Framework and ensure safeguards for people with disability in Victoria are not diminished during transition to full scheme under the NDIS.
For more information on the Amendments to the Disability Act 2006, see Specialist disability accommodation on the Vic.gov website.
The Disability (National Disability Insurance Scheme Transition) Amendment Act 2019
The Disability (National Disability Insurance Scheme Transition) Amendment Act 2019 (the Amendment Act) makes the necessary amendments to the Disability Act to support Victoria’s transition to the NDIS.
The Amendment Act won’t change the way the NDIS or the NDIS Quality and Safeguards Commission works but supports the role the Victorian Government will have following transition to the NDIS.
The Amendment Act also makes important changes to the Residential Tenancies Act 1997 (RTA) to ensure that safeguards for people with disability living in specialist disability accommodation (SDA) are strengthened and maintained, and rights are fully protected.
For more information on the Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, see Specialist disability accommodation on the Vic.gov website.
Key changes to the Disability Act 2006
Amendments made to the Disability Act include to:
- Provide a process for authorising and prohibiting the use of restrictive practices for NDIS participants and strengthen the existing process for people receiving disability services
- Enable the Senior Practitioner to give directions to registered NDIS providers and to notify the NDIS Quality and Safeguards Commission of matters relating to restrictive practices
- Enable the transfer and disclosure of information relating to registered NDIS providers and NDIS participants
- Support the Secretary’s role in safety screening for NDIS workers, including the sharing of information about worker screening with relevant bodies
- Streamline de-registration of providers that no longer provide state funded services to people with disability
- Ensure community visitors can visit residents in Specialist Disability Accommodation (SDA) services and short-term accommodation and assistance
- Repeal provisions relating to residential institutions.
Key changes to the Residential Tenancies Act 1997
New laws regulating SDA were created in 2018 by the Disability Services Safeguards Act 2018. These new laws have been inserted in the Residential Tenancies Act 1997 (RTA) as new Part 12A.
Most of the new SDA provisions commenced from 2 July 2019. Some provisions will commence in 2020 to align with commencement of broader amendments to the RTA. Amendments made to the RTA include to:
- Provide strengthened protections against eviction into homelessness for SDA residents
- Make offence provisions and penalties that are consistent with the Residential Tenancies Amendment Act 2018
- Align the rights of SDA residents with the rights of the rest of the renting community through the RTA.
Visit the Legislation.vic.gov website to view the Disability (NDIS Transition) Amendment Act and the Disability Act 2006 (2019 amendments).
Further information about the RTA and the new SDA laws is available from the Specialist disability accommodation page on the Consumer Affairs Victoria website.
See Specialist disability accommodation on the Vic.gov website for factsheets and questions and answers on:
- Amendments to the Residential Tenancies Act 1997 - questions and answers
- SDA – Changes to the Residential Tenancies Act 1997
- SIL providers and SDA July 2019 - facsheet