Requirements for providing Specialist Disability Accommodation (SDA) and the obligations imposed on registered providers are set out in legislation and a number of NDIA documents.
The legislation includes:
- the National Disability Insurance Scheme Act 2013 (NDIS Act);
- the Rules made under the NDIS Act, in particular the NDIS (Specialist Disability Accommodation) Rules 2020 (SDA Rules), the NDIS (Supports for Participants) Rules 2013 and the NDIS (Registered Providers of Supports) Rules 2013;
- State and Territory legislation, including codes and standards, that apply to the provision of SDA in each State or Territory.
In June 2020, the SDA Rules changed to allow more options for participants who are eligible for SDA to choose who they would like to live with.
In line with the SDA Rules changes, the SDA Operational Guideline has also been updated to:
- provide more transparency about how decisions are made and included in a participant’s plan,
- implement changes to the SDA Rules to remove barriers to participant choice in SDA living arrangements,
- improve content in a more accessible and easier to find format.
The SDA Rules 2020 require all providers to be registered and all dwellings to be enrolled with the NDIA. The Rules allow the NDIA to further specify requirements such as design categories for dwellings, other features that affect prices, and SDA prices. These matters are further outlined in the SDA Price Guide.
Most of the requirements and obligations in relation to SDA are set out in the SDA Rules.
The SDA Rules were agreed by the Commonwealth and all state and territory governments and are the central authorising document for SDA.
Registering as a provider for SDA
The process for registering as a provider with the NDIA is consistent across all supports including SDA.
Providers registering for SDA in all other states except Western Australia need to register with the NDIS Commission.
Providers in WA are required to comply with the NDIA Terms of Business, Guide to Suitability and the Quality and Safeguards Working Arrangements.
An Addendum to the Terms of Business for SDA and the Guide to Suitability for SDA include additional provisions specifically related to SDA.
All SDA dwellings must be enrolled with the NDIA. To enroll a SDA dwelling, registered providers complete the SDA Dwelling Enrolment and Declatation form and submit it to the NDIA.
For more information on the definitions and terminology used in the Dwelling Enrolment and Declaration form please refer to the SDA Price Guide available on the SDA pricing and payments section of the website.
Dwelling Enrolment and Declaration forms must be submitted by an authorised representative of the registered provider and include a declaration that must be completed for the enrolment to be valid.
Completed Dwelling Enrolment and Declaration forms must be emailed to: SDARegistration@ndis.gov.au .
Providers must also make an annual attestation for the purposes of Rule 7.24 of the SDA Rules, the annual attestation is included in the Dwelling Enrolment and Declaration and must be submitted 1 March of each year to: SDARegistration@NDIS.gov.au
Further enquiries can be directed to SDARegistration@ndis.gov.au