These NDIS Practice Standards apply to NDIS providers who are registered to provide specialist disability accommodation to NDIS participants.
Rights and responsibilities
Outcome: Each participant’s access to specialist disability accommodation dwellings is consistent with their legal and human rights and they are supported to exercise informed choice and control.
To achieve this outcome, the following indicators should be demonstrated:
- Knowledge and understanding of each participant’s legal and human rights, and incorporation of these rights into everyday practice, including through reasonable adjustments or modifications to the dwelling to meet each participant’s needs.
- Any agreement or contract entered into with each participant, and any communication with the participant about the provision of specialist disability accommodation, including about rights and responsibilities in relation to the dwelling, is responsive to their needs and provided in the language, mode of communication and terms which that participant is most likely to understand.
- Each participant’s autonomy, including their right to privacy, intimacy and sexual expression is respected.
Conflict of interest
Outcome: Each participant’s right to exercise choice and control over other NDIS support provision is not limited by their choice of specialist disability accommodation dwelling.
To achieve this outcome, the following indicators should be demonstrated:
- Organisational policies are in place that detail how perceived or actual conflicts of interests are managed. The conflict of interest policies are made available to participants in the language, mode of communication and terms which each participant is most likely to understand.
- Conflicts of interest, perceived or actual, are proactively managed and documented.
- The participant is supported to understand the distinction between the provision of specialist disability accommodation and other NDIS supports delivered in the dwelling. Where a specialist disability accommodation provider is delivering both specialist disability accommodation and other NDIS supports to the same participant, there are separate service agreements.
- The participant’s housing rights, including security of tenure, are upheld, irrespective of any decision/s the participant makes about the provision of other NDIS supports within the specialist disability accommodation dwelling (notwithstanding any matters covered by the specialist disability accommodation service agreement).
Service agreements with participants
Outcome: Each participant is supported to understand the terms and conditions that apply to their specialist disability accommodation dwelling and the associated service and/or tenancy agreements.
To achieve this outcome, the following indicators should be demonstrated:
- Work is undertaken with each participant to develop a written service agreement that meets the requirements of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018, and any applicable state or territory residential tenancy legislation.
- In the absence of any applicable state or territory residential tenancy legislation, written service agreements should deal with the following matters:
a) specify the rent that must be paid by the participant and the method and timing of making rental payments and arrangements for the issuance of rental payment receipts;
b) specify the value and management arrangements in relation to any bond that is required from the participant;
c) if applicable, specify any board payments that have been agreed with the participant, what the board payments will cover and the method and timing of making the board payments;
d) specify the minimum period of notice that will be given by the provider before the provider increases the amount of rent or board (where applicable) payable by the participant;
e) specify:
a. the name, telephone number and address of the provider’s agent (if any) and the responsibilities of the agent; or
b. if the provider does not have an agent, the address and telephone number, of the provider.
f) require the provider to notify the participant in writing within 5 business days of any change during the agreement of the matters provided for in paragraph (f), unless applicable state or territory law stipulates an alternative notice period;
g) specify the commencement date of the agreement, the duration of the agreement, and the manner in which the agreement can be extended;
h) specify the circumstances in which the agreement can be terminated by either the participant or the provider;
i) require the provider to give the participant a minimum of 90 days’ notice before the participant is required to vacate the premises, unless shorter notice is required to address risks of harm to the participant or others;
j) explain the process for requesting repairs or maintenance to be undertaken. - The agreement establishes expectations, explains the responsibilities of the specialist disability accommodation provider in relation to the dwelling, and specifies the rights and responsibilities of the participant in accessing the dwelling.
- The agreement includes information about dwelling safety features, including fire alarms and building evacuation procedures, and how this information will be communicated to other providers who deliver supported independent living to each participant in the dwelling.
- Each participant is supported to understand the agreement, including any conditions, by using the language, mode of communication and terms which that participant is most likely to understand.
- Each participant receives a copy of their agreement signed by the participant and the provider. Where this is not practicable, a record is made detailing the circumstances in which the participant did not receive a copy of their agreement.
Enrolment of SDA properties
Outcome: Each participant’s specialist disability accommodation dwelling meets the requirements of the design type, category and other standards that were identified through the dwelling enrolment process.
To achieve this outcome, the following indicators should be demonstrated:
- Mechanisms are in place to ensure a provider’s enrolled specialist disability accommodation dwellings meet the design type, category and density restriction requirements of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018.
- Mechanisms are in place to ensure a provider maintains ongoing compliance with the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018 and all relevant laws and standards, including building standards and tenancy laws that apply to specialist disability accommodation dwellings.
- Enrolled dwellings are in a good state of repair and are being appropriately maintained, having regard to the safety, security and privacy of residents
Tenancy management
Outcome: Each participant accessing a specialist disability accommodation dwelling is able to exercise choice and control and is supported by effective tenancy management.
To achieve this outcome, the following indicators should be demonstrated:
- Demonstrated adherence to the requirements established in the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rules 2018.
- Where applicable, policies and procedures are in place about how a provider will declare, advertise and fill vacancies in shared living, including how each participant’s views, preferences and needs are documented and taken into account. The policies are made available to participants in the language, mode of communication and terms which each participant is most likely to understand.
- Documented arrangements are in place with each participant and each participant’s other NDIS providers that deliver supported independent living supports within a specialist disability accommodation dwelling. At a minimum, the arrangements should outline the party or parties responsible and their roles (where applicable) for the following matters:
a) How the specialist disability accommodation provider will work with other providers who deliver supported independent living supports to ensure the shared living arrangement is working for all tenants;
b) How potential conflicts involving the participant will be managed;
c) Policies and procedures for responding to violence, abuse, exploitation or conflict involving one or more participant which may impact on the condition of the dwelling;
d) How each participant’s concerns about the specialist disability accommodation dwelling will be communicated to and addressed by the specialist disability accommodation provider;
e) How behaviours of concern will be managed, if this a relevant issue for the participant;
f) How changes to a participant’s circumstances or supports will be agreed and communicated;
g) Arrangements for continuity of supports (including specialist disability accommodation) in the event or a natural disaster or other emergency; and
h) In shared living, how vacancies will be filled including the participant’s right to have their needs, wishes, choices and situation taken into account.
Where the participant does not consent to an agreement, the specialist disability accommodation provider has a documented record of this. - Allegations and incidents of violence, abuse, neglect, exploitation or discrimination, are acted upon, each participant affected is supported and assisted, records are made of any details and outcomes of reviews and investigations (where applicable), and action is taken to prevent similar incidents occurring in the future.
- Where a change in participant needs or circumstances occurs, reasonable adjustments are made to accommodate the changes. If the changed support needs exceed the design category or functionality of the dwelling, work is undertaken to modify the dwelling, following consideration of the impact of the modifications on the other tenants (if applicable). Where the participant’s needs or circumstances cannot be accommodated, the participant, and any relevant support providers are made aware of the need to find alternative accommodation.
- A complaints management and resolution system is maintained that meets the requirements of the National Disability Insurance Scheme (Complaints Management and Resolution) Rules 2018 and follows the principles of procedural fairness and natural justice.
- An incident management system is maintained in accordance with the National Disability Insurance Scheme (Incident Management and Reportable Incidents) Rules 2018.
- State or territory legislative requirements regarding the provision of tenancy-related notices are adhered to and each participant is aware of their right to seek review of a decision, where applicable.
- Policies, procedures and agreements relating to any tenancy management are provided in the language, mode of communication and terms which each participant is most likely to understand.