Who is this for?

This resource is for disability service providers operating in Victoria.

Disability and Social Services Regulation Amendment Act 2023

The information on this page has been created by, or in conjunction with the Department of Families, Fairness and Housing. Further information, presentations and recordings will be added as they become available.

Related Resources

Overview of the Amendment Act and key changes to information sharing rules

This session provides an overview of the Amendment Act and highlights the key changes to:

• Restrictive practices, residential services, compulsory treatment
• Residential tenancy in disability accommodation (including enrolled SDA, SIL homes, TAC/WorkCover/DSOA funded services)
• Community visitors
• Compliance requirements and offences

It also outlines the key changes to provisions for information sharing. Here is a webinar recording of our information session that provides a high level overview of the legislative changes. This was held on Wednesday 1 May 2024.

The DFFH has developed several factsheets and detailed summaries outlining the changes to the Amendment Act. These summaries are provided as general information only and are not legal advice.

• This DFFH factsheet provides a high-level summary of the changes
• This DFFH summary sets out key changes to information sharing rules in the Disability Act

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Overview of changes to the Residential Tenancies Act 1997 and provisions for community visitors

This session provides detailed information about the changes that impact tenancies in Victorian disability accommodation (including SIL and TAC/Worksafe accommodation) and the expansion of the community visitors program.

This session was held on Wednesday 12 June 2024. The PowerPoint slides are available below.

• This DFFH summary provides an overview of the changes to the Residential Tenancies Act
• This DFFH summary describes changes to rules in the Disability Act for community visitors

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Overview of changes to provisions for restrictive practices, compulsory treatment, residential services and specialist forensic disability accommodation

The first part of this session will provide detailed information about the changes to the provisions for restrictive practices and compulsory treatment.

The second part of this session will focus on the changes to the provisions for residential services and specialist forensic disability services that operate under the Disability Act.

This session is coming up on 12 June. You can register for this session on our events page. After the session, the recording will be made available here.

• This DFFH summary sets out key changes to rules in the Disability Act for the authorisation and use of restrictive practices
• This DFFH summary sets out key changes to rules in the Disability Act for the use of compulsory treatment
• This DFFH summary describes changes to rules for how residential services are defined and operated under the Disability Act
• This DFFH summary describes changes to rules in the Disability Act for the operation of residential treatment facilities and specialist forensic disability accommodation under the Disability Act

For more information and to access Easy Read versions of these summaries, visit the DFFH webpage.

Read the full Amendment Act on the Victorian legislation webpage.

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Register for upcoming events

You can register for future information sessions on our events page.

Frequently Asked Questions

Do SDA providers need to be on the register of disability service providers from 1 July 2024? 
No. An SDA provider only needs to register as a disability service provider under the Disability Act 2006 if they also deliver services funded, regulated or delivered under the Disability Act 2006 (for example, specialist forensic disability services). 

Will SDA dwellings need to be gazetted under the Disability Act 2006 from 1 July 2024? 
No. SDA dwellings will be regulated under the Residential Tenancies Act 1997 from 1 July 2024 and do not need to be gazetted. Group homes that were gazetted as residential services under the Disability Act 2006 prior to 30 June 2024 will automatically become SDA dwellings on 1 July 2024. 

Do all SDA providers need to register as SDA providers with the National Disability Insurance Agency (NDIA) or NDIS Quality and Safeguards Commission? 
No. The changes to the Residential Tenancies Act 1997 do not affect NDIS registration requirements. Only SDA providers who wish to provide an SDA enrolled dwelling to an NDIS participant with SDA funding in their plan need to register with the NDIS Quality and Safeguards Commission and enroll the accommodation with the NDIA as SDA. 

Questions and responses will continue to be added as they are received. 

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Thank you to the Department of Families, Fairness and Housing

This NDS project is being funded by the Department of Families, Fairness and Housing to inform the sector about the Disability and Social Services Regulation Amendment Act 2023 (the Amendment Act). We are holding a series of information sessions about the Amendment Act and what the changes mean to disability organisations. We are also providing resources and support to providers.