VIC: Residential Tenancies Act Section 498M Duties of SDA provider
- David Woolfall
- Aug 12, 2022
- 2 min read
Duties of SDA provider (1) An SDA provider who provides an SDA enrolled dwelling must—
(a) take reasonable measures to ensure that SDA residents are treated with dignity and respect and with due regard to their entitlement to privacy; and
(b) ensure that the SDA enrolled dwelling in which the specialist disability accommodation is provided and any fixtures and fittings are maintained in good repair; and
(c) not unreasonably interfere with an SDA resident's right to privacy; and
(ca) install fixtures required by the SDA resident to assist their daily living or proper use and enjoyment of the SDA enrolled dwelling; and
(d) take reasonable measures to ensure the security of an SDA enrolled dwelling; and
(e) minimise any inconvenience or disruption to the SDA resident when undertaking repairs or renovations; and
(f) take reasonable steps to ensure that any repairs or renovations—
(i) are carried out by a suitably qualified person; and
(ii) are completed in a timely manner.
(2) An SDA provider who provides an SDA enrolled dwelling must not unreasonably refuse to give consent to the SDA resident's request to keep a pet in the SDA enrolled dwelling.
(3) For the purposes of subsection (2), the grounds on which an SDA provider may reasonably refuse to give consent to an SDA resident's request to keep a pet are— (a) that another SDA resident living in the same SDA enrolled dwelling under an SDA residency agreement—
(i) has not consented to the keeping of the pet at the SDA enrolled dwelling; and
(ii) has reasonable grounds for not consenting to keeping the pet at the SDA enrolled dwelling; or
(b) that the pet would create a health and safety hazard were it kept at the SDA enrolled dwelling. Note See section 54 of the Equal Opportunity Act 2010 in relation to the provision of accommodation to a person with a disability who has an assistance dog.
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