May 2018
May 2018
To receive this publication in an accessible format, please email phone 9096 1585 using the National Relay Service 13 36 77 if required.
Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.
© State of Victoria, Department of Health and Human ServicesApril, 2017.
Available at
Contents
Glossary
Introduction
Accessing SDA under the NDIS
Legislative Basis
Purpose
Policy Statement
Principles
Scope
Review
Who does this policy apply to?
Applying this policy
Government Owned SDA Dwellings
Existing State-wide SDA Dwellings (including Government and privately owned)
Privately owned (including CSO) and operated SDA
Rights and Responsibilities
SECTION 1: Minimum Standards for a process to offer residency
Stage 1: Declaring a vacancy
Stage 2: Advertising a vacancy
Open inspections
SDA applications
Stage 3: Identifying a preferred participant
Eligibility
Screening
Making a decision
Documenting the application process
Stage 4: Communicating the outcome
SECTION 2: Independent Process to Offer Residency
Evidencing an Independent Process to Offer Residency
Submitting evidence to the department
New Dwellings enrolled by existing SDA providers
Communicating the outcome
Monitoring and reporting
Reporting: Vacancy notification
Monitoring: Complaints - Disability Services Commissioner
Monitoring: Critical incident reporting
Non-compliance with these standards
APPENDIX 1: Existing state-wide SDA Dwellings
APPENDIX 2: Purpose built SDA Dwellings for a specific person or person(s)
APPENDIX 3: Factors for consideration in screening
APPENDIX 4: Vacancy notification
Glossary
The following terms are used in relation to this policy:
Term / DefinitionCollaboration Agreement / Refers to the agreement between SIL and SDA providers that meets the requirements of the Disability Act
CSO / Means a community services organisation
Department, department / Refers to the Department of Health and Human Services in Victoria
Disability Act / Means the Disability Act 2006 (Vic)
Disability Support Register / Refers to the department’s current database of all the people in Victoria with a confirmed need for funding to purchase supports that meet their disability needs or for supported accommodation
Dwelling / Refers to each SDA property enrolled with the NDIA by a registered SDA provider
National Disability Insurance Agency (NDIA) / The NDIA is a Commonwealth statutory agency. The role of the NDIA is to implement the NDIS
NDIS / Means the National Disability Insurance Scheme
Participant / A person with a disability that has met the access requirements to become a participant of the NDIS
Process to offer residency / The process made pursuant to the Disability Actwhere SDA and SIL providers work together to advertise a vacancy and identify their preferred participant to offer SDA
Purpose-built SDA for a specific person(s) / Refers to Dwellings that are built or refurbished specifically for a participant or group of participants with SDA funding approved in their plans
Residency management / Refers to the mechanisms by which, SDA and SIL providers manage the occupancy of the property in line with service standards (including quality and safeguards) and residential rights including grounds and process for terminating an occupancy agreement
Residential service / The Disability Act 2006 defines a residential service to mean accommodation:
(a)provided by, on behalf of or by arrangement with a disability service provider; and
(b)provided as accommodation in which residents are provided with disability services; and
(c)supported by rostered staff that are provided by the disability service provider; and
(d)admission to which is in accordance with a process determined by the Secretary.
SDA Resident / A participant currently residing in a Dwelling
Specialist Disability Accommodation (SDA) / Refers to housing provided by a NDIS registered provider of SDA, to participants who require specialist housing solutions to assist with the delivery of their supports. SDA refers to the dwelling itself and not the support that is provided there
Support coordination / Refers to a funded support under the NDIS. Where support coordination is intended to assist a participant with SDA in their plan, support coordination would include assistance to locate, apply for, access, transition and maintain SDA arrangements.
Supported Independent Living (SIL) / Refers to the provider of support to participants including assistance with or supervision of the tasks of daily life in a shared living arrangement
Vacancy Coordination Teams (VCTs) / Refers to the department’s four divisional teams which coordinate the process to offer residency for all Victorian Government owned residential services. VCTs may also coordinate this process on behalf of SDA and SIL providers operating privately owned(including CSO) and operated residential services unless theyelect to operate an independent process that satisfies the minimum standards set out in this policy.
Introduction
The National Disability Insurance Scheme (NDIS) is the new way of providing funding for supports for people with a disability, their families and carers in Australia. The NDIS will provide Australians under the age of 65 (at the time of entering the NDIS) who have a permanent and significant disability with reasonable and necessary supports they need to live an ordinary life.
NDISparticipants will develop a personal goal-based plan with the National Disability Insurance Agency (NDIA) specifying thereasonable and necessary supportsthat will be funded under the NDIS. Specialist Disability Accommodation (SDA) is one type of reasonable and necessary support that may be funded for a participant under the NDIS.
Some Australians living with a disability require access to specialistpayment for housing solutions to meet their needs and aspirations. SDA is the price for capital costs, included ina participant’s plan, to fund specialist housing solutions for participants who have an extreme functional impairment and/or very high support needs. SDA refers to the house only, and does not refer to the supports that are provided there.In most cases, Supported Independent Living (SIL) supports will be provided to participants living in SDA.
Accessing SDA under the NDIS
The introduction of SDA into the NDIS changes how participants with specialist housing needs will find a home. The NDIA, as the administrator of the NDIS, will not manage or coordinate placements intoSDAvia a centralised process. Rather, SDA providers will need to advertise vacancies to participants with SDA in their plans who are looking for a home.For participants this will mean considering advertised SDA vacancies, selecting which to apply for, considering and negotiating any offers, with assistancefrom their supports, and making a decision to accept or decline an offer. In Victoria,SDAand SIL providers operating as a residential service (as defined by the Disability Act 2006) are required to work together, to advertise vacancies and identifytheir preferredparticipant to whom SDA will be offered. Accordingly, SDA and SIL providers must have a Collaboration Agreement in place that outlines their commitmentto fully co-operate in order to meet the needs of the residents in the Dwelling. For further information about the Collaboration Agreementrefer to the Victorian section of the Guide to Suitability and the Guide to Suitability for SDA and the following section of this document.
Legislative Basis
In Victoria, the Disability Act2006 (the Disability Act) provides a legislative framework which sets out the rights and responsibilities of people with a disability and gives effect to a range of quality and safeguards requirements for disability service providers.The Victorian and Commonwealth Governments have committed to maintaining current quality and safeguarding arrangements and therefore these requirements will continue to apply during transition to the NDIS.
SDAand SIL are treated as an integrated service under the Disability Act, although they may be provided either by a single entity or by two separate entities. A provider delivering the integrated model of accommodation and support envisaged under the Disability Act is called a residential service provider.
Where accommodation and support services are split between two entities, the Disability Act requires that the support provider is registered under the Disability Act and that there be an arrangement between them that makes the support provider responsible for the rights and obligations under the Disability Act. The support provider’s obligations and duties under the Disability Act include the provision of accommodation that is, or will be, actually provided by the accommodation provider.
The Disability Act further provides that ‘admission’ to a residential service (as defined by the Disability Act) must be in accordance with a process determined by the Secretary of the Department.
Under the NDIS, a residential service refers to accommodation, including SDA that is provided by, on behalf of, or by arrangement with a SIL provider that is registered as a disability service provider under the Disability Act.
NDIS providers of SDA and SIL are required to comply with the Victorian section of the NDIA’s Provider Guide to Suitability and the Guide to Suitability for SDA.
The Victorian section of the NDIA’s Provider Guide to Suitability and the Guide to Suitability for SDA outline SDA and SIL providers’ obligations to fulfil the requirements under the Disability Act including that:
- SIL providers must be registered with the department as a disability service provider under the Disability Act; and
- SDA and SIL providers must enter into a Collaboration Agreement that ensures the requirements of the Disability Act are met.
- Vacancies must be offered in accordance with this policy.
- It should be noted that during transition, only existing providers[1] of residential services under the Disability Act are allowed to offer both SDAand SILas a single entity.
Purpose
This policy has been developed to provide guidance on thedepartment’s minimum standards for admission to SDA that is operating as a residential service under the Disability Act.Under the NDIS, this refers to the process of identifying a preferred participant to whom residency in a Dwelling will be offered. For the purpose of this policy, this process is referred to as the ‘process to offer residency’.
Thispolicy provides:
- SDA and SIL providers with an understanding of their obligations for offering residency in SDA to a participant in accordance with the department’s policy requirements and minimum standards; and
- participants and their supports with an understanding of their rightsto apply for SDA and accept, decline or negotiate anyoffers.
This policy does not provide procedural instructions. Under the NDIS, SDA and SIL providers will be required to develop their own procedures for offering residency in SDA that comply with the department’s minimum standards. In some cases, SDA and SIL providers may choose to engage an external provider to coordinate this process. The department’s VCTs may be engaged tocoordinatethe process of advertising, receiving and considering applications for SDA. However, the decision to offer SDA to a participant will rest with the SDA and SIL providers (refer to ‘Rights and Responsibilities’ section for more information).
This policy should be read in conjunction with:
- the Victorian section of the Guide to Suitability and the Guide to Suitability for SDA; and
- Disability Act; and
- The NDIA’s Terms of Business for Registered Providers.
Policy Statement
The Disability Act will continue to apply during the transition to the NDIS. Accordingly, SDA and SIL providers (operating as a residential service)mustagree on procedures for offering residency in SDA including advertising, receiving and considering applications for SDA.
To ensure compliance with the Disability Actproviders must ensure their procedures comply with the minimum standards outlined in Section 1 of this policy
SDA should be offered to participants in a fair and transparent manner that demonstrates a commitment to:
- maximising choice and control for participants;
- ensuring compliance with Victoria’s legislation;
- ensuring integrity and good outcomes for participants residing in SDA;
- balancing the needs of participants looking for a home with the needs of existing residents; and
- maximising household harmony, resident safety and sustainable living arrangements in SDA.
Principles
The principles below underpin the process to offer residencyin Victoria:
- Equity: to ensure that alleligible participants are considered for SDA in a fair and transparent manner.
- Consistency: to ensure that decision making is undertaken in a reliable manner and that enough information is provided to make sound decisions.
- Sustainability: to ensure SDA offers are part of a long-term and proactive plan that takes into consideration the sustainable operations of the SDA and SIL providers
- Compatibility: to ensure the physical, emotional, social and support needs of the current residents are taken into consideration when identifyingaparticipant to offer SDA.
- Safety: to ensure that the support needs of the current and prospective residents are addressed.
Scope
Section 1of this policyoutlines the minimum standards allSDA and SIL providers (operating as a residential service)must meet in order to comply with the department’s requirements for admission to SDA in accordance with a process determined by the Secretary(as required under the Disability Act).
Section 2 provides an overview of the processfor registering anindependent process to offer residencyin privately owned and operated SDA. This includes accommodation owned and operated by Community Service Organsiations(CSO).
This policydoes not cover:
- proceduralinstructions for offering residency in SDA; or
- the process of identifying suitable accommodation options for participants with urgent housing needs (for example, leaving respite, discharged from hospital); or
- the process of coordinating the transition into accommodation for a participant who has accepted anoffer to reside in SDA; or
- SIL provider’s obligations and responsibilities under the Disability Act including the provision of residential statements (these requirements are set out in the Victorian section of the Provider Guide to Suitability and the Disability Act); or
- residency management arrangements including when a current resident exits SDA, either for a fixed period or permanently, through either mutual agreement between the resident and their SIL and SDA providers or an enforceable action under the Disability Act (includingnotice of temporary relocation or notice to vacate); or
- service reconfigurations[2]; or
- the process by which residents vacate a dwelling.
Review
This policy will apply during transition to the NDIS (from 1 July 2016 to the 30 June 2019) and will be reviewed throughout this period.
Who does this policy apply to?
This policy applies toNDIS registered SDA and SIL providers delivering a residential service as defined under the Disability Act. This includes:
- Services provided in new and existing Victorian Government ownedDwellings
- Privately (including CSO) owned and operated residential services ..
All SDA and SIL providers delivering a residential service must meet the minimum standards outlined in this policy.
SDA and SIL providers of privately owned and operated residential servicescan elect to either:
- have the department’s VCTs coordinatethe process to advertise, receive and consider applications for residency in their Dwellings; or
- implement a process, independentlyof the department in accordance with the minimum standards outlined in Section 1 of this policy.The SIL provider will be held accountable for demonstrating to the department that procedures comply with minimum standards; and for implementing and upholding the procedures.
Compliant procedures must be in place prior to advertising a vacancy.
Applying this policy
Government Owned SDA Dwellings
In consultation with the relevant SIL providers, the department will coordinatetheprocess to advertise, receive and consider applications for residency in all government ownedDwellings in Victoria through divisionalVCTs.
Existing State-wide SDA Dwellings (including Government and privately owned)
Existing state-wide SDA refer to Dwellings that are available for people with a disability from across the whole state. These dwellings typically provide specialist services for a specific target cohort such as people living with Huntington’s Disease. Refer to Appendix 1 for the list of existing state-wide Dwellings.
The department’s VCTswill alsocoordinate the process to offer residency for all existing state-wide Dwellings, irrespective of asset owner. This is to ensure that all eligible people with a disability in Victoria are considered for a vacancy in a state-wide property including NDIS participants and people registered on the Disability Support Register who have not yet transitioned to the NDIS and have an unmet need for accommodation.
Where a person who has not yet transitioned to the NDIS is identified as the preferred person to offer the vacancy, VCTs, the NDIA,SDA and SIL providers should work together to assist the person to become a participant in a timely manner.It is important to note that SDA funding is not available until a NDIA plan decision has been approved regarding SDA eligibility andSDA type.
Privatelyowned (including CSO) and operated SDA
VCTs will continue to coordinate the process to offer residency for existing privately owned and operatedSDA already involved in the department’s process unless they elect to operate an independent process.
New SDA and SIL providers operating as a residential servicemay elect to use VCTs to coordinate the process or may decide to run their own process.
SDA and SIL providers that elect to operate their own process to offer residency, independently of the department’s VCTs, are required to demonstrate to the department that appropriate procedures arein place to satisfy compliance with this policy.
Section 2 outlines the process by whichSIL providers (in consultation with SDA providers) can submit policies and procedures to the department for review in order to register an independent process.
In this case, the department’s VCTs will not have any involvement in the process.
In some circumstances, SDA and SIL providers may be exempt from aspects of this policy. Refer to Appendix 3 for the application of this policy for new purpose-built Dwellings for a specific person or person(s).