Notices issued by resident

OPA has a safeguarding role for residents when it receives notices. OPA will check:

• why the resident wants to leave
• what supports the person has
• any issues that gave rise to the giving of the notice, and whether these can be resolved
• if there is a need for an NDIS plan review and change to the person’s supports.

A resident may give the SDA provider a ‘notice of intention to vacate’ the dwelling under section 498ZZA of the Residential Tenancies Act.

The notice could also be given by the resident’s guardian or administrator.

The notice must be given in writing and specify the date on which the resident intends to vacate the dwelling.

When the SDA provider receives such a notice, the SDA provider has an obligation to notify the following within 24 hours:

• the NDIA (unless the SDA resident is not a NDIS participant, for example is an older person funded through the Commonwealth Government’s Continuity of Support Program) AND
• OPA
• the resident’s guardian or administrator, as the case requires 
• Consumer Affairs Victoria.

OPA expects the SDA provider will:

▢ provide a copy of the notice given by the resident to OPA

▢ provide a copy of the residency agreement to OPA (unless previously given)

▢ unless previously given, advise OPA of the name, address and contact details of:

▢ the resident 

▢ you, the SDA provider

▢ the SIL provider

▢ any NDIS support coordinator (if known)

▢ the NDIS planner (if known)

▢ any guardian, administrator or NDIS Plan Nominee

▢ advise OPA of any supports or government bodies involved with the resident.

A resident may give an SDA provider a notice of intention to terminate the SDA residency agreement (s498ZX(1)(j)).

This notice can only be given by the resident where the SDA provider contravenes the provider’s obligation to provide the resident with an information statement at least 7 days before the resident and the SDA provider entered into the residency agreement.

The SDA provider must notify:

• the NDIA (unless the SDA resident is not a NDIS participant, for example is an older person funded through the Commonwealth Government’s Continuity of Support Program) AND
• OPA
• the resident’s guardian or administrator, as the case requires 
• Consumer Affairs Victoria.

OPA expects the SDA provider will:

▢ provide a copy of the notice given by the resident to OPA

▢ provide a copy of the residency agreement to OPA (unless previously given)

▢ unless previously given, advise OPA of the name, address and contact details of:

▢ the resident 

▢ you, the SDA provider

▢ the SIL provider

▢ any NDIS support coordinator (if known)

▢ the NDIS planner (if known)

▢ any guardian, administrator or NDIS Plan Nominee

▢ advise OPA of any supports or government bodies involved with the resident.