Disability Act 2006

Subject to subsection (2), on and from the commencement day, a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, ceases to be a group home for the purposes of this Act if the following criteria are met—

the group home is an SDA enrolled dwelling; and

each resident in the group home—

is living in the SDA enrolled dwelling that is under a residential rental agreement within the meaning of the Residential Tenancies Act 1997 and that agreement has commenced; or

has entered into an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; or

has worked with an SDA provider to establish an SDA residency agreement in relation to the SDA enrolled dwelling and that agreement has commenced; and

the relevant SDA provider has given to the Secretary written notice of the event referred to in paragraph (b).

If, 6 months after the commencement day, the criteria referred to in subsection (1) are not met by a residential service declared to be a group home under section 64(1) by notice published in the Government Gazette in force immediately before the commencement day, the residential service ceases to be a group home for the purposes of this Act.

Nothing in this section prevents a declaration being made under section 64(1) after the commencement day in respect of a residential service to which this section applies.

In this section—