Victorian Accommodation Providers' New Obligations

Starting from 1 January, new legal changes came into effect in Victoria that significantly impact accommodation providers, especially those supporting people with disabilities. These updates are not optional — failure to comply can result in serious fines and reputational harm. 

If you are involved in disability accommodation or support services, you must act immediately to align with these new requirements under the Residential Tenancy Act 1997.

This blog will guide you through the changes, explain what you need to do to comply, and show how NDIS internal auditors, NDIS approved quality auditors, and NDIS consultants can support you every step of the way.

Why the Changes Matter for Disability Accommodation Providers

The updated laws are part of a broader move to improve the living standards and safety of people with disabilities living in residential accommodations. 

These reforms were introduced to better protect residents and ensure their rights are upheld — particularly in Specialist Disability Accommodation (SDA) and Supported Independent Living (SIL) environments.

SDA dwellings are specially designed for people with high support needs or extreme functional impairments. You can learn more about these settings on the SDA page. 

SIL services, on the other hand, involve daily supports provided to help someone live independently, even if the property itself isn’t modified.

The reforms aim to balance safety with freedom of choice, offering greater dignity and independence for residents who rely on these services.

Which Properties Are Affected?

The legal changes affect several types of accommodation arrangements that provide services or support for people with disabilities. You are impacted if you own, manage, or lease any of the following:

• Enrolled SDA dwellings: Registered under the NDIS as specialist housing for people with disabilities.
• Unenrolled SIL homes: Properties that provide support services but are not officially enrolled under the SDA scheme.
• Shared housing funded or supported by entities like:
  
  
• Transport Accident Commission (TAC)
• Department of Families, Fairness, and Housing (DFFH)
• Workcover
• Disability Support for Older Australians (DSOA)

If you're unsure whether your property falls under these categories, it's best to conduct a gap analysis. This is a structured way to identify what's missing from your current processes and what needs to be improved. 

An NDIS consultant or NDIS internal auditor can help with this.

What Are Your New Responsibilities as a Provider?

Under the new laws, accommodation providers must now offer tenants a clear choice of tenancy agreements. Depending on the type of accommodation, the resident should be able to choose between:

• A SDA Residency Agreement: These are specifically tailored for residents in enrolled SDA dwellings. More details are available on the Consumer Affairs Victoria SDA page.
• A Residential Rental Agreement: Similar to a standard tenancy agreement, this option is available for properties that aren’t classified as SDA but still provide housing to people with disabilities.

Importantly, it is the provider's responsibility to make sure tenants understand the difference between the two agreements. This is where NDIS approved quality auditors and consultants play an important role. 

They can help you prepare documentation, explain obligations in simple terms, and ensure your agreements meet both the legal requirements and the needs of your residents.

The Role of Community Visitors in Enforcing Standards

One of the most important changes is the increased role of Community Visitors, who now have the authority to make unannounced visits to disability accommodations. These independent volunteers — backed by the Office of the Public Advocate — act as watchdogs, monitoring safety, resident wellbeing, and compliance with the updated law.

Community Visitors are empowered to:

• Inspect living conditions
• Speak to residents privately
• Report safety risks or rights violations
• Follow up on complaints or concerns

This increased oversight means that your property must always be audit-ready. If you're unprepared, an inspection could lead to formal complaints or even penalties. 

Getting assistance from professionals trained in NDIS auditor training or risk management can ensure your processes meet expectations.

Staying Audit-Ready: The Role of Internal Audits and Consultant Support

Being compliant isn’t a one-time task — it’s an ongoing process. Providers should carry out regular NDIS internal audits to make sure policies, agreements, and resident care plans are up to date. 

These audits identify risks, help close compliance gaps, and prepare you for visits by Community Visitors or external assessors.

If you're new to audits or overwhelmed by documentation, NDIS auditor training can help you or your staff gain the skills needed to perform assessments in-house. Alternatively, hiring an NDIS consultant ensures you have expert support to guide you through each step.

Regular gap analyses and internal reviews will not only prepare you for surprise inspections but also show that you’re serious about your obligations to residents. This builds trust and maintains your reputation in the sector.

How to Apply for NDIS and Meet Compliance from the Start

If you’re looking to start a disability accommodation service or become an NDIS provider in Victoria, you must understand how to apply for NDIS registration the right way. This involves several steps, including:

• Completing the online application form
• Providing supporting documents, including risk management and tenancy policies
• Undergoing a formal audit conducted by NDIS approved quality auditors
• Implementing continuous improvement through internal audits

The NDIS business registration process can be complex, but getting it right ensures you're not only legally compliant but also building a business that serves its community responsibly.

To make things easier, Posity Online provides tailored solutions to support new and existing providers. This includes everything from policies and procedures to workflow design and compliance templates. You can book a free consultation here.

What Happens If You Don’t Comply?

The deadline for compliance has already passed. Providers who haven’t updated their agreements or who fail to meet the new obligations risk:

• Hefty financial penalties
• Damage to your reputation
• Loss of NDIS registration or funding eligibility
• Increased scrutiny by Community Visitors or regulatory bodies

It’s not too late to get your house in order — but you must act now. Conduct a gap analysis, seek expert guidance, and align your agreements and practices with the law.

How Posity Online Supports Victorian Accommodation Providers

At Posity Online, we specialise in helping accommodation providers in Victoria understand and meet their obligations. Our experienced team offers end-to-end support — whether you’re undergoing an NDIS audit, conducting internal reviews, or applying to become a registered provider.

We offer:

• Risk assessments and internal audits to identify gaps in compliance
• Customised policies and procedures tailored to Victorian and NDIS regulations
• WHS and risk management services designed to improve safety for tenants and staff
• Ongoing compliance support to keep you ready for audits and inspections

With our help, you can avoid penalties, improve your service delivery, and focus on what matters most — providing safe, respectful, and high-quality accommodation.

You can explore more of our services here:

• WHS and Risk Management
• Policies and Procedures
• NDIS Consulting and Compliance
• Testimonials

Bottomline: Don’t Delay, Take Action Today

Whether you're running an SDA home, managing a SIL property, or supporting tenants in shared housing, these legal changes apply to you. If you haven’t already updated your agreements and internal processes, now is the time to act.

Start by doing a gap analysis. Seek out expert help if needed. And remember, working with a qualified NDIS consultant or an experienced NDIS internal auditor could make all the difference in staying compliant and avoiding penalties.

Need support? Book a consultation with Posity Online today and let us help you get back on track.