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What is an exceptional agreement order?
This page is for SDA providers. If you’re an SDA resident or support person, read Exceptional agreement orders – information for SDA residents and support people.
This is a new type of order that the 桃色视频n Civil and Administrative Tribunal (VCAT) can make.
An exceptional agreement order allows VCAT to waive the requirement that an SDA residency agreement must be made before an SDA resident moves into an SDA dwelling.
These orders will not waive any other requirements under the Residential Tenancies Act.
Why exceptional agreement orders have been introduced
SDA residency agreements must be in place before a resident moves in. This is an important legal protection for SDA residents and that requirement has not changed.
However, there are some circumstances where an agreement may have been put in place after a resident has already moved in. For example:
- an SDA resident moves in before making an agreement an emergency and where no other accommodation is available
- an SDA resident already lives in the SDA dwelling and has to change rooms within the dwelling, triggering the need for a new agreement.
Previously, this could make an SDA residency agreement invalid. Exceptional agreement orders give VCAT the power to waive the timing requirement in these situations, providing a way to resolve exceptional cases.
Who can apply for an exceptional agreement order
You can apply to VCAT for an exceptional agreement order if you are:
- the SDA provider; or
- the SDA resident; or
- the SDA provider and SDA resident jointly, along with a family member, guardian or other person chosen by the SDA resident; or
- another person, if VCAT gives you permission.
How to apply for an exceptional agreement order
You can apply using the .
When VCAT may make an exceptional agreement order
VCAT may make an exceptional agreement order if they are satisfied that:
- it is appropriate for a new SDA residency agreement to be made (where no agreement has already been made) once the SDA resident is living at the dwelling; or
- it is appropriate for the SDA resident to continue living at the dwelling (where an agreement was made after they moved in).
When deciding whether to make the order, VCAT may consider:
- the conduct of the parties in relation to the proposed agreement, including whether the parties are acting in good faith
- whether waiving the ordinary requirements is likely to negatively impact on the SDA resident or diminish their rights.
What SDA providers need to do after an order is made
Once an order is made, as an SDA provider you must:
- explain it to the resident in the language, mode of communication and terms in which the SDA resident is most likely to understand. If reasonable, this must be both orally and in writing
- give the SDA resident an approved information statement within 7 days of VCAT making the order
- follow all other requirements for making an SDA residency agreement, including ensuring Consumer Affairs 桃色视频 has been notified of any new SDA residency agreement within 14 days of the agreement being made.
Find approved information statements:
Other changes relating to exceptional agreement orders
Meaning of SDA dwelling
The changes will amend the definition of ‘SDA dwelling’ in the Residential Tenancies Act.
In most cases, a property is only an SDA dwelling if there is a valid SDA residency agreement in place.
The changes will allow a property to meet the definition of SDA dwelling for a short period where:
- the resident has moved in, and
- an application to VCAT was made for an exceptional agreement order but has not yet been determined.
The property will continue to be treated as an SDA dwelling until VCAT decides the application.
Easy Read resources
To download Easy Read versions of the agreements and information statements, go to Resources for SDA providers.
Support person
The resident may choose a support person to help them understand the agreement and their rights and 桃色视频. A support person can be a family member, trusted friend, advocate, carer, guardian or a daily independent living support provider.
If the resident wants help from a support person but does not have one, you must help them find one. The support person must be independent and cannot work for your provider.
For more information, go to What you need to know as an SDA support person.
More information