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Public Housing and the National Disability Insurance Scheme: Roles and responsibilitiesOperational Guidelines

Effective date: 15 April 2019

Revision history

Version Amended section Effective Details

1.0 Public Housing and the National Disability Insurance Scheme: Roles and responsibilities

15 April 2019

To receive this publication in an accessible format contact the department <https://www.dhhs.vic.gov.au/contact> using the National Relay Service 13 36 77 if required>.

Authorised and published by the Victorian Government, 1 Treasury Place, Melbourne.

© State of Victoria, Department of Health and Human Services, April 2019.

ISBN 978-1-76069-904-8 (pdf/online/MS word)

Available at Practice guidelines - NDIS and mainstream services

<http://providers.dhhs.vic.gov.au/practice-guidelines-ndis-and-mainstream-services>

Operational Guidelines: Public Housing and the National Disability Insurance Scheme

http://providers.dhhs.vic.gov.au/practice-guidelines-ndis-and-mainstream-services

https://www.dhhs.vic.gov.au/contact

Contents

Revision history........................................................................................................................................

Definitions.................................................................................................................................................

Introduction...............................................................................................................................................Guidelines review process..........................................................................................................................

Relevant legislation and associated guidelines...........................................................................................

NDIS Applied Principles and Tables of Services........................................................................................

Human Rights Considerations....................................................................................................................

NDIS service system................................................................................................................................Local Area Coordination services...............................................................................................................

Early Childhood Early Intervention (ECEI) services....................................................................................

NDIS funded support coordination............................................................................................................

NDIS reasonable and necessary supports................................................................................................

Specialist Disability Accommodation........................................................................................................

Accessing the NDIS..................................................................................................................................

People with disabilities over 65.................................................................................................................

Transition for existing clients of Victoria’s specialist disability service system..........................................

NDIS planning and assessment................................................................................................................

Implementing NDIS plans.........................................................................................................................

Responding to change in circumstances and plan reviews.......................................................................

Accessing advocacy organisations...........................................................................................................

Nominees..................................................................................................................................................

Victorian Public Housing service system.............................................................................................Victorian Housing Register.......................................................................................................................

Matching properties for NDIS participants................................................................................................

Accommodation decision making for applicants with a disability and NDIS participants..........................

NDIS and Public Housing: Local responses and supports.................................................................1. Public housing tenant or applicant may be eligible but has not applied for the NDIS...........................

2. VHR applicant is an NDIS participant...................................................................................................

3. NDIS participant is disengaged from funded supports..........................................................................

4. NDIS participant requires property modifications..................................................................................

5. NDIS participant is being made an offer of public housing....................................................................

6. NDIS participant is signing a residential tenancy agreement................................................................

7. NDIS participant requires support to maintain their tenancy.................................................................

8. Public housing client with a disability is not eligible for the NDIS..........................................................

Escalation process.................................................................................................................................National Disability Insurance Scheme......................................................................................................

Department of Health and Human Services..............................................................................................


Definitions

Term Definition

Access request form (ARF)

The form used by the National Disability Insurance Agency (NDIA) to asses if a person is eligible to become a participant.

Access requirements

The criteria someone must meet to become a participant in the NDIS, as outlined in the NDIS Act 2013 (refer to Access Requirements section).

Applicant A person who applies for a tenancy in social housing.

Applied PrinciplesApplied Principles and Tables of Services that guide the roles and responsibilities of the National Disability Insurance Scheme (NDIS) and other (mainstream) service systems.

CarerSomeone who provides personal care, support and/or help to a person with a disability and is not contracted as a paid or a voluntary worker. A carer is often a family member or guardian.

Department, department Refers to the Department of Health and Human Services in Victoria.

Director Director of Housing as appointed under the Housing Act 1983.

Easy ReadEveryday words, a simple sentence structure and images to support messages. Useful for people with low English literacy skills and English is their second language.

Housing and homelessness services

Includes agencies/organisations providing emergency, transitional or social housing; homelessness assistance; or housing support.

Information, Linkages and Capacity Building (ILC)

The ILC provides information, linkages and referral for people with a disability, their families and carers to access community supports. ILC also provides grants to organisations to make communities more inclusive and assist people with a disability to become more active in all aspects of community life.

Local Area Coordination (LAC)

Local organisations working in partnership with the NDIA, to help participants, their families and carers access the NDIS. Local Area Coordinators (LACs) complete pre-planning, develop and implement a NDIS plan and also connect participants to mainstream services and local and community-based supports.

Mainstream services

Services the general population is entitled to access. Mainstream services may include government-funded services or services provided by the private sector.

National Disability Insurance Agency (NDIA)

The NDIA is a Commonwealth statutory agency. The role of the NDIA is to administer the NDIS.

NDIS The National Disability Insurance Scheme

NDIS funded supports (NDIS supports)

Supports that NDIS pays through a participant’s plan. The NDIA must be satisfied that each support meets each of the reasonable and necessary criteria outlined in section 34(1)(a-f) of the NDIS Act 2013 and the supports for Participants Rules.

NDIS participant A person with a disability that has met the access requirements to become a participant of the NDIS.

NDIS service A provider of products or services to help participants achieve the goals in their


http://www.coag.gov.au/node/497

Term Definition

provider plan. Participants can choose their providers and change providers at any time. NDIS service providers include services delivering support coordination.

Priority Access Categories

A category determined by the Director under section 142E(1)(b) of the Housing Act and set out in the Director’s Determinations.

Public Housing Long-term rental accommodation managed by the department on behalf of the Director.

Service agreement An agreement between the participant and the approved service provider they have chosen to deliver the supports in their NDIS plan.

Social landlord

A landlord with a social responsibility. In the context of these guidelines, the Director acts as a social landlord when allocating properties. The department assists the Director in this role. The Director owns and manages public housing for people on low incomes who have difficulty affording and securing housing in the private market.

Special Accommodation Requirement (SAR)

A household includes a member who has a condition or limitation that impacts on their daily living which may need to be considered when allocating public housing.

Support coordination

Capacity building support providing assistance to strengthen a participant’s ability to coordinate and implement NDIS funded and other supports to participate more fully in the community including support.

Tenant(s) An applicant or household member who has signed a residential tenancy agreement with the Director to enable them to let the property.

Residential Tenancy Agreement or Tenancy Agreement

The written agreement entered into by the Director and the tenant(s) which permits the tenant(s) to let the property as a residence.

Victorian Housing Register

The register of applicants established and administered under s 142A of the Housing Act. In more specific terms it is a system that unifies public housing and participating registered agencies into a common housing register. The register includes a common application form and the eligibility framework including the eligibility criteria for allocations to social housing.


Introduction

The purpose of these guidelines is to outline the intent, principles and processes within which the Department of Health and Human Services (the department) on behalf of the Director of Housing (the Director) works with people with disability to address housing needs. These guidelines will assist the department’s public housing workforce to understand their roles and responsibilities regarding prospective or current National Disability Insurance Scheme (NDIS) participants that are public housing applicants or tenants. The guidelines outline how the National Disability Insurance Agency (NDIA), NDIS service providers, the Director (and departmental staff acting as the Director delegates) will work together to support good outcomes for current or prospective NDIS participants.

The Director is a social landlord. In making decisions on behalf of the Director, the department has obligations beyond just tenancy management and should contribute to tenant wellbeing. This is done by setting rents at affordable levels, promoting tenant wellbeing and participation, neighbourhood upkeep and community vitality.

Further, as a social landlord the Director is to ensure that the department manages the assessment and allocation of public housing while having regard to the relative housing needs of eligible applicants and by making client focused decisions with regards to human rights.

Guidelines review processThroughout the NDIS transition period, these guidelines will be reviewed and updated as required. Always check that you have the latest version available on the department’s website: <https://providers.dhhs.vic.gov.au/public-housing-policy-and-practice-manuals> and on the Funded Agency Channel website: <https://fac.dhhs.vic.gov.au/funded-agency-channel/victorian-housing-register>

Any issues, suggestions or comments can be sent via email to [email protected]

Relevant legislation and associated guidelinesThe department is also governed by multiple legislative instruments that must be adhered to. These include:

• Housing Act 1983 (VIC) and the Determinations made by the Director pursuant to s142E of Housing Act

• Housing Amendment (Victorian Housing Register and other Matters) Act 2016• Residential Tenancies Act 1997 (VIC)• Privacy and Data Protection Act 2014• Child Wellbeing and Safety Act 2005 (VIC)• Health Records Act 2001 (VIC)• Information Privacy Act 2000 (VIC)• Ombudsman Act 1973 (VIC)• Freedom of Information Act 1982 (VIC)• Charter of Human Rights and Responsibilities Act 2006 (VIC)• Financial Management Act 2006• Disability Act 2006 (VIC)• Equal Opportunity Act 2010 (VIC)


mailto:[email protected]

https://fac.dhhs.vic.gov.au/funded-agency-channel/victorian-housing-register


https://providers.dhhs.vic.gov.au/public-housing-policy-and-practice-manuals

• United Nations Convention on the Rights of Persons with Disabilities• Disability Discrimination Act 1992• National Disability Insurance Scheme Act 2013• National Disability Insurance Scheme (Becoming a Participant) Rules 2016• National Disability Insurance Scheme (Supports for Participants) Rules 2013• Building Regulations 2018.

These guidelines do not replace existing practice instructions and are designed to be read in conjunction with:

• Public Housing Allocations operational guidelines• Home modifications in public housing during transition to the National Disability Insurance Scheme • Neighbourly behaviour and support operational guidelines• Tenancy breaches operational guidelines• Clients with special accommodation requirements operational guidelines• Victorian Housing Register operational guidelines.

NDIS Applied Principles and Tables of ServicesThe Council of Australian Governments (COAG) developed and agreed to a set of principles that define funding and practice responsibilities between the NDIS and other service systems, including state and territory housing and homelessness services. These principles are referred to as Applied Principles and Tables of Services (APTOS) and are listed below:

1. People with disability have the same right of access to services as all Australians, consistent with the goals of the National Disability Strategy which aims to maximise the potential and participation of people with disability.

2. The NDIS will fund personalised supports related to people’s disability support needs, unless those supports are part of another service system’s universal service obligation (for example, meeting the health, education, housing, or safety needs of all Australians) or covered by reasonable adjustment (as required under the Commonwealth Disability Discrimination Act or similar legislation in jurisdictions).

3. Clear funding and delivery responsibilities should provide for the transparency and integrity of government appropriations consistent with their agreed policy goals.

4. There should be a nationally consistent approach to the supports funded by the NDIS and the basis on which the NDIS engages with other systems, noting that because there will be variation in non-NDIS supports funded within jurisdictions there will need to be flexibility and innovation in the way the NDIS funds and/or delivers these activities.

5. In determining the approach to the supports funded by the NDIS and other service systems governments will have regard to efficiency, the existing statutory responsibilities and policy objectives of other service systems and operational implications.

6. The interactions of people with disability with the NDIS and other service systems should be as seamless as possible, where integrated planning and coordinated supports, referrals and transitions are promoted, supported by a no wrong door approach.

More details about these principles and the table on housing supports responsibilities can be found on the Australian Government web archive : <http://webarchive.nla.gov.au/gov/20151020003310/https://www.coag.gov.au/node/526>


http://webarchive.nla.gov.au/gov/20151020003310/https:/www.coag.gov.au/node/526

Human Rights ConsiderationsThe Charter of Human Rights and Responsibilities Act 2006 (the Charter) is legislation that sets out the basic rights, freedoms and responsibilities of all people in Victoria. It sets out the relationship between government and the people it serves.

The Charter requires public authorities, including the department, and people delivering services on behalf of government, to act consistently with the human rights in the Charter and to give proper consideration to human rights in making decisions.

There are 20 fundamental human rights protected in the Charter because the Victorian Parliament recognises that, as human beings, we have basic rights, including the right to be treated equally, to be safe from violence and abuse, to be part of a family and to have our privacy respected.

In certain circumstances, some human rights may be limited if it is reasonable to do so in the circumstances having regard to:

• the nature of the human right• the importance of the purpose of the limitation• the nature and the extent of the limitation• the relationship between the limitation and its purpose• any less restrictive means reasonably available to achieve the purpose that the limitation seeks to

achieve.

Application of the CharterUnder the Charter it is unlawful for a public authority (including the Director and the department) to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.

To meet the department's obligations under the Charter, staff must assess the impact their decision will have on the individual(s) concerned before making a decision. This includes decisions to not grant an allocation.

The assessment of the impact of a decision on the human rights of an individual must be conducted prior to the decision being made.

Natural JusticeNatural justice (also known as procedural fairness) requires the Director and all department staff to act fairly when making decisions impacting a person’s rights or interests under the Residential Tenancies Act. Wherever a decision or an action affects the rights or interests of a person, housing staff are required to provide opportunities for an applicant or tenant to be heard.

When making decisions, public sector employees are to approach the decision making with an impartial mind.

Decision making under these guidelinesStaff should be aware that while these operational guidelines set out considerations that should be taken into account, a decision will be unlawful if it is made contrary to the Charter and may be unlawful if it is made without having specific regard to the individual circumstances of each case.

For example, there may be a requirement to apply flexibility to public housing allocations to meet a local condition with regard to stock types, local demand and community issues.

Flexible decisions to allocate may be part of a local allocations plan.


NDIS service system

The NDIS is the new national approach for providing support to Australians with a disability, their carers and families. The NDIS has been rolling out progressively over three years in Victoria from July 2016 until July 2019.

The NDIS is being implemented by the NDIA. The NDIA is a Commonwealth statutory agency that has been set up to fund and administer the NDIS. The agency does not directly deliver services to participants of the NDIS. For details of organisations that provide services to participants of the NDIS see NDIS funded support coordination and Local Area Coordinator (LAC) sections below.

The NDIS takes a flexible, whole-of-life approach to working with NDIS participants, their families and carers, to develop individualised plans, providing NDIS participants with more choice and control over how, when and where their supports are provided.

There are many resources available to assist people to understand the NDIS and its processes. Links to these are provided throughout this document. Important NDIS resources include:

NDIS fact sheets <https://www.ndis.gov.au/people-disability/fact-sheets-and-publications.html>: The NDIS produces a host of fact sheets for participants and service providers, including around psychosocial disability.

Operational guidelines <https://www.ndis.gov.au/Operational-Guidelines>: These provide descriptions, rules and processes across all areas of NDIS operation, including access and planning.

Access checker <https://www.ndis.gov.au/applying-access-ndis/am-i-eligible>: Key questions to check whether a person may meet the access requirements.. You can call the NDIS on 1800 800 110 or find more information on their website <https://www.ndis.gov.au/contact/locations>.

Local Area Coordination servicesLocal Area Coordination is designed to support all people with disability to explore and build an ordinary life within their communities. Under the NDIS Partners in the Community Program the NDIA partners with local organisations to provide Local Area Coordination. A worker delivering Local Area Coordination is referred to as a Local Area Coordinator or a LAC.

LAC’s are available to:

• provide assistance to NDIS participants to connect to and build informal supports• provide assistance to NDIS participants with the planning process and effective implementation• to work with people with disability under the ILC framework who are not NDIS participants• work with community, providers and mainstream supports to build inclusion and awareness of the

needs of people with disability.There is an allocated Partner in the Community delivering LAC services for each local government area (excluding some remote and very remote areas). To find the LAC Partner for your area please refer to the NDIS website <https://www.ndis.gov.au/contact>.

For more information on the LAC role, please see the following link on the NDIS website: <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community>

Early Childhood Early Intervention (ECEI) servicesThe ECEI approach is how the NDIA is working with early childhood Partners in the Community to deliver Early Childhood Intervention for children aged under 7.


https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community

https://www.ndis.gov.au/contact

https://www.ndis.gov.au/contact/locations

https://www.ndis.gov.au/applying-access-ndis/am-i-eligible

https://www.ndis.gov.au/Operational-Guidelines

https://www.ndis.gov.au/people-disability/fact-sheets-and-publications.html

Early Childhood Partners will connect parents or carers and their child with the most appropriate supports in their areas, such as the community health centre, educational setting and playgroup. Where a child may require longer term early childhood intervention supports, the Early Childhood Partner can help request access to the NDIS.

More information about ECEI is provided on the NDIS website: <https://www.ndis.gov.au/understanding/families-and-carers/how-ecei-works-step-step-process>

There is an allocated Partner in the community delivering ECEI services for each local government area (excluding some remote and very remote areas). To find the ECEI Partner for your area please refer to the NDIS website: <https://www.ndis.gov.au/contact>

NDIS funded support coordinationSupport coordination is funded in an NDIS participant’s plan to assist with implementing that plan. Support coordination is funded for a range of reasons including for individuals with complex needs associated with their disability. For children under the age of six years, the NDIS coordination role will be carried out by the ECP key worker.

Types of support coordinationThere are three levels of support coordination and these vary to reflect a person’s needs and level of support required:

• Support connection - Time limited assistance to strengthen participant’s ability to connect with informal, mainstream and funded supports, and to increase capacity to maintain support relationships, resolve service delivery issues, and participate independently in NDIA processes. Where there is not a Partner in the Community available such as in remote and very remote areas.

• Coordination of supports - Assistance to strengthen the participant’s abilities to connect to and coordinate informal, mainstream and funded supports. This includes resolving points of crisis, developing capacity and resilience in a participant's network and coordinating supports from a range of sources.

• Specialist support coordination - The provision of support coordination within a specialist framework necessitated by specific high-level risks in the participant’s situation. This support is time limited and focuses on addressing barriers and reducing complexity in the support environment, while assisting the participant to connect with supports and build capacity and resilience. It may also involve development of an intervention plan which will be put in place by disability support workers and delivered by qualified practitioners in specialised fields.

NDIS reasonable and necessary supportsThe NDIS funds reasonable and necessary supports that help a participant to reach their goals, objectives and aspirations and to undertake activities to enable the participant’s social and economic participation. For a support to be considered reasonable and necessary it must be related to the functional impact of a person’s disability, among other criteria. A participant’s reasonable and necessary supports take into account any:

• informal supports already available to the individual (informal arrangements that are part of family life or natural connections with friends and community services) and

• formal supports, such as health and education.Reasonable and necessary supports will help participants to:

• pursue their goals, objectives and aspirations• increase their independence



https://www.ndis.gov.au/understanding/families-and-carers/how-ecei-works-step-step-process

• increase social and economic participation and develop their capacity to actively take part in the community.

For more information please visit the Reasonable and necessary supports page <https://www.ndis.gov.au/participants/reasonable-and-necessary-supports> and the Housing and NDIS page <https://www.ndis.gov.au/participants/housing-and-ndis> on the NDIS website.

Examples of reasonable and necessary supportsExamples of reasonable and necessary supports include but are not limited to:

• daily personal activities• workplace help to allow a participant to successfully get or keep employment in the open or

supported labour market• therapeutic supports including behaviour support• allied health and other therapy where required to maintain a participant’s function, including

physiotherapy, speech therapy or occupational therapy• help with household tasks to allow the participant to maintain their home environment• help to a participant by skilled personnel in aids or equipment assessment, set up and training• home modification design and construction• mobility equipment• vehicle modifications.• improved living arrangements capacity building supports.

Please visit the Housing and NDIS NDIS website for more information: <https://www.ndis.gov.au/participants/housing-and-ndis>

Examples of supports that are not considered reasonable and necessary include supports that:

• are not related to a person’s disability• duplicate other supports already funded by a different mechanism • are the responsibility of other service systems• relate to day-to-day living costs that are not related to a participant’s support needs• are likely to cause harm to a participant or pose a risk to others.

Specialist Disability AccommodationOne of the supports that may be funded for some participants is Specialist Disability Accommodation (SDA). SDA refers to accommodation for people who require specialist housing solutions, including to assist with the delivery of supports that cater for their extreme functional impairment or very high support needs. Around 6 per cent of NDIS participants will be eligible for SDA as funding is only provided to a small proportion of NDIS participants with extreme functional impairment or very high support needs.

Accessing the NDISPeople with disability aged 7 - 65 can contact the NDIA online, via telephone or at a local NDIA office to initiate the process to become a participant. To do this, they will need to complete an access request form. A person may nominate a key contact person to make the access request on their behalf. This person could be a family member, carer, friend, a disability advocate or an existing service provider.

Where seeking assistance for a child under 7 years old, a parent or carer can contact an Early Childhood Partner (ECP). See Early Intervention Requirements (children aged 0-6 years).

This process also includes the need to provide consent for the NDIA to collect and share personal information to make a decision about whether the person can access the NDIS. More information about access requests can be found on the NDIS website


https://www.ndis.gov.au/people-with-disability/access-requirements/completing-your-access-request-form

https://www.ndis.gov.au/participants/housing-and-ndis

https://www.ndis.gov.au/participants/housing-and-ndis

https://www.ndis.gov.au/participants/reasonable-and-necessary-supports

<https://www.ndis.gov.au/people-with-disability/access-requirements/completing-your-access-request-form>.

A person must meet the disability requirement set by the National Disability Insurance Scheme Act 2013 in order to become a participant of the NDIS. Generally speaking a person will meet the disability requirement if they have a disability that is attributable to an impairment that is permanent or likely to be permanent and that results in substantially reduced functional capacity. This includes psychiatric disability.

Not every person with disability is eligible to become an NDIS participant and receive funded support.The following outlines the expected timeframe for the NDIS access process.

• The NDIA is required to make a decision or request further information from the person or their nominee within 21 days of receiving an access request (s. 20 of the NDIS Act).

• When further information is requested, the NDIA must give the person a minimum of 28 days to provide the information (s. 26 of the NDIS Act).

• An access decision must then be made within 14 days of the final piece of information being received by the NDIA. The NDIA can make more than one request for information when necessary.

Note: An access decision does not mean immediate commencement of NDIS supports. These will occur once the plan is developed and implemented.

Access requirements To access the NDIS, an individual must:

• have a permanent disability that substantially impacts a person’s functional ability to take part in everyday activities or meet the early intervention requirements (outlined below); and

• be aged less than 65 when they first access the Scheme; and• be an Australian citizen or live in Australia and hold a permanent visa or a protected Special

Category Visa.

Early Intervention Requirements (children aged 0-6 years)Eligibility for the NDIS includes children aged 0-6 years with disability or developmental delay which results in:

• substantially reduced functional capacity in one or more of the areas of self-care, receptive and expressive language, cognitive development or motor development

• the need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of extended duration, and are individually planned and coordinated

• supports that are most appropriately funded through the NDIS, and not through another service system.

More information about access requirements can be found on the NDIS website: <https://www.ndis.gov.au/people-disability/access-requirements>

Evidence of disability requirementsEvidence of the person’s condition and its functional impacts must be provided to the NDIS to determine eligibility. An access request will not be completed unless the NDIS has received all required evidence and information. This information can be provided via existing letters or reports by a health professional such as a psychologist, a physiotherapist, an occupational therapist, speech pathologist or a nurse.


https://www.ndis.gov.au/people-disability/access-requirements

A list of primary disabilities and the evidence required for eligibility is listed on the NDIS website <https://www.ndis.gov.au/applying-access-ndis/how-apply/information-support-your-request/types-disability-evidence>.

People with disabilities over 65People who are over 65 years of age may be entitled to support under the Commonwealth Continuity of Support (CoS) program or My Aged Care. The CoS program will support people with disabilities who are:

• 65 years or older (or 50 years or older for Aboriginal and Torres Strait Islander people) at the time the NDIS begins implementation in their area

• assessed as being ineligible for the NDIS at the time the NDIS begins implementation in their region

• are a client of state or territory administered specialist disability services at the time the CoS program begins in their region.

The CoS program is an ongoing program that will ensure that more than 9,000 older people with disability accessing state/territory-based services only will continue to receive supports that are responsive to their needs and goals and benefit their families and carers. Once the NDIS completes its rollout, there will be no new entrants into the CoS program.

For more information on the Commonwealth CoS program, visit the Australian Government Department of Health website <https://agedcare.health.gov.au/programs-services/commonwealth-continuity-of-support-programme>.

My Aged Care is the government gateway for access to aged care services for people over 65 requiring support. For more information on My Aged Care call 1800 200 422 or visit www.myagedcare.gov.au

A LAC may also be able to provide advice regarding referral options for clients over 65. Please refer to the NDIS Victoria page on the NDIS website: <https://www.ndis.gov.au/understanding/ndis-rollout/victoria>.

Transition for existing clients of Victoria’s specialist disability service systemIt is expected that existing clients of a specialist disability program will have already been contacted by the NDIS to determine eligibility. If a public housing client meets the below criteria and are unsure or have not been contacted they should make contact with the NDIA on 1800 800 110 or visit their LAC. Locations for LACs can be found on the NDIS website locations page <https://www.ndis.gov.au/contact/locations>

Access for people already in receipt of ‘defined’ programs Access to the scheme has been streamlined for existing Victorian clients who are receiving supports from a ‘defined’ list of programs. People in receipt of supports from a defined program are not required to provide evidence they meet the disability access criteria. People in receipt of a defined program will receive streamlined entry to the scheme provided they meet the age and residency requirements.

A list of defined programs can be found on the NDIS website: <https://www.ndis.gov.au/about-us/operational-guidelines/access-ndis-operational-guideline/list-c-defined-programs>

Access for people who are receiving disability services which are not a defined programDetails of existing Victorian clients who are receiving supports from a ‘non-defined’ program have been provided to the NDIS. The NDIS will contact these people to determine eligibility and to commence the


https://www.ndis.gov.au/about-us/operational-guidelines/access-ndis-operational-guideline/list-c-defined-programs

https://www.ndis.gov.au/contact/locations

https://www.ndis.gov.au/understanding/ndis-rollout/victoria

http://www.myagedcare.gov.au/

https://agedcare.health.gov.au/programs-services/commonwealth-continuity-of-support-programme

https://agedcare.health.gov.au/programs-services/commonwealth-continuity-of-support-programme

https://www.ndis.gov.au/applying-access-ndis/how-apply/information-support-your-request/types-disability-evidence

access process. This group of clients will be required to demonstrate they meet the disability, age and residency access criteria. Clients over the age of 65 may be entitled to support under the CoS program. See ‘People with disabilities over 65 and above’.

NDIS planning and assessment

What happens once NDIS access is confirmed?Once a person has received notification that they are able to participate in the NDIS, the planning and assessment process will commence, and they will be allocated an NDIS Partner in the Community ECEI coordinator, LAC or planner. Developing the plan is the responsibility of the NDIA and its Partner in the Community.

The planning process considers:

• what the participant wants to achieve, for example, in education, health and well-being, social participation and independence

• the supports that are provided by other systems, including family, friends and community• current living arrangements and who plays an important role in the participant’s life• what is working well in the participant’s life and what would they like to change• what supports the participant needs because of their disability.

Once the plan is approved by an NDIA delegate, the participant will begin to receive NDIS funding. People can choose the providers they want to work with and can start putting the plan into action.

What is the NDIS planning conversation?An important part of developing a participant's plan is the planning conversation. The planning conversation involves the NDIA conducting participant led discussions based on the participant's statement of goals and aspirations.

The purpose of the planning conversation is to explore the participant's support needs and identify specific supports which would assist the participant to achieve their goals, objectives and aspirations.

The planning conversation can take place in person (preferred option) or over the telephone, depending on the person’s circumstances and preference.

The person can invite people who are important in their life to help or support them during their NDIS planning conversation, including family, friends, carers or others. The purpose of this discussion is to develop a personal, goal orientated plan. More than one discussion will occur if required.

For more information on the Planning Process please visit the NDIS website <https://www.ndis.gov.au/participants/how-planning-process-works>.

What is included in a participant’s plan?A participant's plan includes:

• a statement of goals and aspirations prepared by the participant• a statement of participant supports using the community and mainstream supports to achieve their

goals, prepared with the participant.• a statement of reasonable and necessary supports (if any) that will be funded under the NDIS

approved by the NDIA. • the date the NDIA will conduct a scheduled review usually in 24 months but can be less such as

for those under age 14 or at risk. • the management of the funding for supports under the plan.


https://www.ndis.gov.au/participants/how-planning-process-works

Implementing NDIS plansOnce an NDIS plan has been approved, the next step is implementing the plan. The participant can choose how, when and where their supports are provided and who will manage those supports.

The participant, nominee and/or carer is encouraged to discuss these options during the planning meeting, to ensure they can make an informed decision as to how the funded supports will be managed.

NDIS plans are designed to be flexible with the participant’s core supports. Funded supports are estimated over the length of the plan and recognise there may be periods of time where more or less supports are required. For more information visit the NDIS Website <https://www.ndis.gov.au/participants/using-your-plan>.

Deciding on NDIS service providersThe support coordinator, LAC or Early Childhood Coordinator can assist a participant to identify available providers. The NDIS also provides a list of registered services in each area which can be found on the NDIS website <https://www.ndis.gov.au/participants/working-providers/find-registered-provider>.

Responding to change in circumstances and plan reviews

Reviewing an NDIS participant’s planAn NDIS plan will state the date, or the circumstances in which, the NDIA will review the plan. If there is a change in a disability related support needs prior to this date, a plan review can be requested.

The NDIA will only agree to a plan review if there is evidence of a change in the circumstances that indicates reasonable and necessary disability related supports may need to change.

Examples of circumstances accepted as a trigger for a review include:

• a significant progression or deterioration of a condition• a new form of disability, resulting in a permanent increase in support needs• a permanent increase/decrease in the amount of informal support available.

How to request a plan reviewTo request a plan review, evidence of the change in support need must be documented, including:

• what has changed in the participant’s life that affects their plan • why the changes mean that the existing funded supports need to change, i.e. what is the impact

on the participant’s functional capacity to perform activities of daily living• evidence that the support need is a result of the disability.

To provide evidence, the participant or representative can work with their ECEI coordinator or LAC to submit a Plan Review Request. Alternatively you can complete a change in circumstances form., The form can be found on the NDIS website: <https://www.ndis.gov.au/participants/using-your-plan/changing-your-plan/change-circumstances>

Accessing advocacy organisationsWhen accessing housing and deciding where to live people with disability should be encouraged and supported to make decisions for themselves. Some people with disability or their carers or family members could benefit from being linked to a disability advocate. An advocate acts with or makes representation on behalf of people with a disability, supporting them to speak up for their rights and influencing policies and practices to promote fair treatment. Individual advocacy is a one-on-one approach, undertaken by a professional advocate to prevent or address instances of unfair treatment or


https://www.ndis.gov.au/participants/using-your-plan/changing-your-plan/change-circumstances

https://www.ndis.gov.au/participants/working-providers/find-registered-provider

https://www.ndis.gov.au/participants/using-your-plan

abuse. An individual advocate may be able help a person with disability resolve an issue with their housing provider or advocate for additional supports.

There are a number of advocacy organisations in Victoria which are independent of the service system and work with particular groups of people with a disability in various locations. For more information about the different types of disability advocacy and a list of advocacy organisations visit the Disability Advocacy Resource Unit (DARU) website <http://www.daru.org.au/organisation-type/individual-advocacy>.

Self-advocacy also plays a significant role in enabling people with disability to develop skills that ensure that their rights are respected and realised. Self-advocacy groups are run by people with a cognitive disability who have joined together to have their voices heard and support each other. Through self-advocacy groups people with a cognitive disability can learn the skills and gain confidence to speak on their own behalf. A self- advocacy group may be useful if an individual, for example, needs to learn the skills to advocate for themselves and become more assertive.

The Self Advocacy Resource Unit (SARU) has been funded by the state government to work with:

• people with an intellectual disability• people with an acquired brain injury• people with complex communication support needs

For more information about self-advocacy and a list of self-advocacy groups in Victoria visit the Self Advocacy Resource Unit website <http://www.saru.net.au>.

Nominees Where an NDIS participant is unable to manage their own plan, a nominee is a person (friend, carer, family member or appointed guardian) who can manage the participant’s funding for their NDIS supports and help make decisions on their behalf. Nominees have a duty to support the participant in making his or her own decisions wherever possible and to build the participant’s capacity for decision making.

A guardian may have been appointed by the Victorian Civil and Administrative Tribunal as a formal decision maker. The Office of the Public Advocate (OPA) becomes involved when the Public Advocate has been appointed as ‘guardian of last resort’. OPA will then be responsible for making decisions that are in the person’s best interests regarding services and supports accessed through the NDIS. Under state guardianship laws, an administrator/financial manager can also be appointed to make decisions about legal or financial matters. The State Trustees often perform this role.

If staff feel an existing tenant or applicant will need ongoing support with NDIS participation due to a significant cognitive disability you can contact the Office of the Public Advocate for advice on 1300 309 337.

For more information please visit the OPA website: <https://www.publicadvocate.vic.gov.au/our-services/publications-forms/carers/467-guide-to-ndis-decision-making>

Where the applicant cannot complete the access request form, a nominee will need to do this on their behalf. A potential nominee will need to fill out an NDIA nominee form. You can request a form from the NDIA by telephoning 1800 800 110.

There are two types of nominees: a correspondence nominee or a plan nominee. One individual can perform both functions.

A correspondence nominee can undertake all activities that a participant would undertake except for preparing, reviewing or replacing the participant’s plan and managing the funding for supports in the participant’s plan.


https://www.publicadvocate.vic.gov.au/our-services/publications-forms/carers/467-guide-to-ndis-decision-making

http://www.saru.net.au/

http://www.saru.net.au/

http://www.daru.org.au/organisation-type/individual-advocacy

http://www.daru.org.au/organisation-type/individual-advocacy

A plan nominee can undertake all activities that a participant would undertake under the scheme including preparing, reviewing or replacing the participant’s plan and managing the funding for supports in the participant’s plan.

Informal arrangements A family member, carer or other significant person (referred to as a ‘supporter’) can assist the participant by making a decision where there is no conflict of interest and where it does not jeopardise the wellbeing of the participant. This decision should be based on the participant’s wishes and preferences. An advocate can promote the wishes and preferences of the participant to enable them to access services and support.


Victorian Public Housing service system

Public housing in Victoria is administered by the Department of Health and Human Services on behalf of the Director of Housing. Public housing provides long term rental accommodation to people most in need, especially those who have recently experienced homelessness or have other special needs and face barriers to accessing private rental. All people applying to the Victorian Housing Register (the Register) who meet the eligibility criteria are placed on the Register according to their housing need (assessed in accordance with eligibility criteria). For more information please visit the Housing Vic website <http://www.housing.vic.gov.au>.

Victorian Housing RegisterThe Register brings together public and community housing applications into a single register. The Register has been established by the department in partnership with community housing organisations and support providers.

Priority access categories for NDIS participantsIf an applicant has been approved by the NDIS for funding, they will still continue to have their housing options assessed according to the Victorian Housing Register operational guidelines. This includes any application and assessment for the priority access categories. An NDIS participant may be eligible for one of the priority categories, which are outlined in order of priority below.

Emergency Management Housing – for people whose housing is no longer safe or habitable, due to an emergency, for example, a bushfire, flood or storm.

Priority Transfers – for people who are social housing tenants and require urgent relocation to another social housing property as their current property is unsafe; is to be sold; redeveloped or better utilised.

Homeless with Support – for people who are homeless or experiencing family violence and need support to obtain and establish appropriate, long term housing.

Supported Housing – for people who live in highly unsuitable housing and have a disability or long-term health problem requiring major structural modifications and/or personal support to live independently.

Special Housing Needs – for people who are living in housing that has become unsuitable and who have no alternative housing options.

Special Housing Needs aged 55 years and over – for people who are eligible for social housing who are aged 55 years and over and are not eligible for another priority category.

An NDIS participant whose existing housing is highly unsuitable is categorised within the Supported Housing priority access category under the following two reasons.

• NDIS “Full Disability Modifications” – people who require major modification to their existing housing due to a household member’s disability or health condition, but such modification cannot be made.

• NDIS “Significant Personal Support” – people who are unable to access required assistance of personal support through an approved support provider to be able to live independently or their housing is significantly detrimental to, or exacerbates, their physical or mental health condition.


http://www.housing.vic.gov.au/

http://www.housing.vic.gov.au/

Where an NDIS participant is eligible under this category, any NDIS funds assigned to the applicant are exempt from the income and asset eligibility assessment. Any income generated from lump sum payments or funds that are kept to pay for future disability expenses are also exempt.

Information about the VHR is available on the Housing Vic website <http://housing.vic.gov.au/apply-social-housing>

The Victorian Housing Register operational guidelines can be found on the Funded Agency Channel website <https://fac.dhhs.vic.gov.au/funded-agency-channel/victorian-housing-register>.

Matching properties for NDIS participantsIn situations where a fully disability modified property becomes vacant, the allocation should be matched to the highest ranked application requiring such a property in that location – not to the highest priority household on the Register.

The department's Clients with special accommodation requirements operational guidelines provides guidance to staff in assessing applications for social housing. This is to help staff to make decisions to best match people with housing, with a view to maximise the use of properties in accordance with the allocations policy. For more information regarding special accommodation requirements please see the DHHS Funded Agency Channel website <https://fac.dhhs.vic.gov.au/clients-special-accommodation-requirements>.

Accommodation decision making for applicants with a disability and NDIS participantsStaff should refer to Public Housing Allocations Operational Guideline <https://providers.dhhs.vic.gov.au/public-housing-policy-and-practice-manuals> for information on accommodation decision making for applicants with a disability and NDIS participants.


https://providers.dhhs.vic.gov.au/public-housing-policy-and-practice-manuals

https://fac.dhhs.vic.gov.au/clients-special-accommodation-requirements



http://housing.vic.gov.au/apply-social-housing

NDIS and Public Housing: Local responses and supports

There are a range of scenarios in which clients will interface with the NDIS. This includes public housing applicants and tenants who have a disability or are carers of a person with disability, or have a family member with disability, who:

are transitioning into the NDIS (from an existing disability support program) and need to remain connected with the access and planning processes

have not accessed disability services before or are not yet an NDIS participant and may need assistance to engage with the NDIS application process

are an NDIS participant but not accessing support, either needing assistance to re-engage with the NDIS and implement their plan, or to seek a review if their plan is no longer meeting their needs

have an active NDIS plan and are accessing NDIS funded services and may need help coordinating between NDIS and other mainstream supports (such as health)

are not likely to meet the NDIS access requirements. In this case, a LAC may connect a person to services, supports and activities in the community and other government services.

Public housing frontline staff may use the following public housing scenarios as a guide to determine their roles and responsibilities regarding NDIS participants. It is not expected that staff will take on a client case management role in these situations however steps may be taken to ensure clients will have access to organisations who provide support.

1. Public housing tenant or applicant may be eligible but has not applied for the NDISA public housing tenant or an applicant may be eligible for the NDIS and appear to need additional support, but has not applied due to:

not knowing about or understanding the NDIS not identifying as having a disability being uncomfortable making an access request.

Clients already receiving support from a defined disability program should have already been contacted by the NDIA for transition to the NDIS. A list of defined programs <https://www.ndis.gov.au/about-us/operational-guidelines/access-ndis-table-contents/list-c-defined-programs#a-victoria> can be found on the NDIS website.

There are a range of reasons why people may not have applied for, or engaged with, the NDIS. They may not have heard about it or may have had negative experiences with services in the past and/or may find the thought of engagement with the NDIS difficult and stressful. Additionally, some people may not identify their condition as resulting in disability or may have difficulty reconciling the idea of a permanent disability with their own perceptions of recovery. Not having access to additional support may be placing their tenancy at risk or contributing to their housing need.

A situation may also arise where a tenant or applicant may have recently acquired a disability and is unaware of the process to access the NDIS.


https://www.ndis.gov.au/about-us/operational-guidelines/access-ndis-table-contents/list-c-defined-programs#a-victoria

Roles and responsibilities

Public housing frontline staff

In this situation, staff may consider:

• assisting clients in understanding the NDIS access requirements and the support the NDIS can provide

• identifying those people who could be eligible based on the information provided by the housing application and tenancy management processes

• engaging with the tenant or applicant about the availability of NDIS support which may assist them• if appropriate, providing copies of fact sheets about the NDIS, information about the LAC, the

access criteria and the process to request an access request form• contacting the LAC to enquire about the access process for a particular client• if appropriate, identifying and referring the tenant or applicant to other support providers or

advocacy organisations who can assist them to make an access request. Advice should be sought from the service before a referral is made.

Local Area Coordinator (LAC)

In this situation the role of a LAC may include:

• providing information about the NDIS and the access process• be a point of contact should the client decide to test their eligibility or seek ILC support if they have

a disability • providing information and referral to other government services and local or community-based

supports• obtaining an access request form• assisting the person to understand what information is required and where a person can get it• assisting the person ensure the application is complete before it is submitted.

National Disability Insurance Agency

In this situation the role of the NDIA may include:

• providing information about the NDIS and the access process• upon receiving an access request:

o notifying the person within 21 working days if they meet NDIS access criteriao providing updates on the NDIS access process to the person or their nominated contacto requesting further information (where required) to assess an access request. In this case, the

person will have at least 28 days to provide the informationo upon receiving the additional information, notifying the person within 14 working days if they

meet the NDIS access criteria.

Referral to a LAC

To find the LAC for your area please refer to the contact page <https://www.ndis.gov.au/contact> on the NDIS website.

For more information on the LAC role please see the following link on the NDIS website: <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-communiity>


https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community


2. VHR applicant is an NDIS participantApplicants for public housing may already be NDIS participants. It is therefore important for frontline public housing staff to speak to an applicant about their housing needs and the supports they are receiving through the NDIS and establish links with relevant support providers including LACs and support coordinators.

Potentially, an NDIS participant with significant support needs (such as 24/7 support) may apply for public housing. In this scenario, it is important to understand whether the individual has tested their eligibility for Specialist Disability Accommodation (SDA) with the NDIA (see ‘Specialist Disability Accommodation’ under NDIS service system).




• asking the applicant for information about the supports they receive• asking the applicant about their LAC and support coordinator contacts, and seeking consent to

engage further with these services• engaging with LAC / support coordinator / NDIA in circumstances where SDA eligibility needs to

be tested / determined.

Local Area Coordinator / Support coordinator

In this situation the role of a LAC and/or support coordinator may include:

• supporting implementation of the participant’s plan• providing information on SDA eligibility processes• supporting participants to explore housing options (where specific Support Coordination for

Improved Living Arrangements Capacity Building Funding is in the plan).



• providing information and advice on SDA eligibility processes• assessing SDA application within the appropriate timeframe.

If there are any issues staff should contact the LAC for their area for more information on the LAC role. Please see the following link on the NDIS website <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community>.

To find the LAC for your area please refer to the NDIS website <https://www.ndis.gov.au/contact>.

3. NDIS participant is disengaged from funded supportsOnce accepted as a participant in the NDIS, access to reasonable and necessary supports to address functional limitations is ongoing. It is not necessary to reapply for access.

A public housing client may already be an NDIS participant but not be engaged with their supports. Possible reasons include:

• not notifying existing providers and/or not being available for appointments or cancelling without sufficient notice leading to a termination of the agreement between provider and participant.

• moving to a different area and the same supports not being available and/or not having the skills, knowledge or capability to reconnect or engage with new service providers.



https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community.

• supports being provided are not suitable or appropriate or insufficiently attuned to the person’s needs.

It is also possible that the participant may not have yet implemented their plan. As the NDIS becomes more established, these scenarios are likely to become more common.




• identifying NDIS participants that may not be engaging with their supports• considering having a discussion with the participant about re-engaging with supports• with consent, establishing and maintaining communication with the support coordinator and / or

LAC• referring the participant to a LAC or seek further advice from a LAC or the NDIA• encouraging the participant to contact their informal or formal supports for assistance (if relevant).

Local Area Coordinator / Support coordinators


• with consent, engaging with a participant and discussing re-engaging with supports• seeking approval from the NDIA where there is an identified need for a plan review where there

has been a significant change in circumstances to adjust the support being provided• supporting re-implementation of the existing plan where appropriate.



• providing information to the participant regarding a plan review or support re-implementation• in extenuating circumstances, accelerating the planning process due to a change in

circumstances.If there are any issues staff should contact the LAC for their area for more information on the LAC role. Please see the following link on the NDIS website <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community>.


4. NDIS participant requires property modificationsNDIS participants who are applying for public housing through the Victorian Housing Register or are current public housing tenants may require disability modifications. The Director is responsible for funding any disability modifications that are considered ‘reasonable adjustments’ while the NDIA is responsible for funding any disability modifications that are considered ‘reasonable and necessary’. For applicants it is important that a Special Accommodation Requirements application is provided with their initial VHR application and that any potential modifications are communicated through this form before an offer of a property is made. Some properties may not be suitable for the level of modifications that a participant requires.

If an NDIS participant is a public housing tenant or has been offered a public housing property and requires home or disability modifications, staff should refer to the Home modifications in public housing during transition to the National Disability Insurance Scheme (NDIS) Operational guidelines on the department’s website <https://providers.dhhs.vic.gov.au/home-modifications-public-housing-during-transition-ndis>.


https://providers.dhhs.vic.gov.au/home-modifications-public-housing-during-transition-ndis






• providing information and advice to the participant regarding the Special Accommodation Requirements application or the Application for internal/external works permit

• ensuring that the participant is matched to a public housing property that is appropriate for their required modifications.

Local Area Coordinators

In this situation the role of a LAC may include ensuring that, where required, a support coordinator is included in a participant’s plan.

Support coordinators

In this situation the role of a funded support coordinator may include:

• making an application to the department for property modifications to a public housing property through the Special Accommodation Requirements application or the Application for internal/external works permit

• ensuring that the participant’s Special Accommodation Requirements application has been fully completed and communicated through a participant’s VHR application before offer.

Participants

In this situation the role of a participant may include:• making an application to the department for property modifications to a public housing property

through the Special Accommodation Requirements application or the Application for internal/external works permit

• arranging for an Occupational Therapist to inspect the participant’s rented premises jointly with housing staff and themselves to determine the specifications of the required property alterations

• where ‘reasonable and necessary’ property modifications have been approved by the local housing office, engaging with a suitable builder or provider to undertake works.


In this situation the role of the NDIA may include taking responsibility for the funding of all property modifications that are ‘reasonable and necessary’.



5. NDIS participant is being made an offer of public housingA participant who is offered public housing must decide whether to accept or refuse the offer. When attending an offer interview process the applicant may wish to involve their formal or informal supports to assist them assess the suitability of the property to meet their needs.

Accepting an offer to move into a public housing property may also affect an NDIS participant’s plan. NDIS participants may have changed or newly established disability supports which need to be in place prior to transitioning to public housing.






If it is identified before or during the offer interview process that a client may have a disability, staff may consider:

• asking questions about disability needs in relation to the property’s accessibility• giving the participant the opportunity to inspect the property internally and externally• enquiring whether an individual with a disability is an NDIS participant and has an NDIS plan• determining whether any formal arrangements exist to assist the participant in making a decision

about their accommodation (see ‘Accommodation decision making for applicants with a disability and NDIS participants’ in Public Housing Allocations Operational Guideline - Chapter 2: Offers of Housing for further information)

• engaging with the participant, their support coordinator or LAC to ensure appropriate supports are funded in a participant’s NDIS plan to assist the participant to sustain their tenancy

• liaising with the LAC or support coordinator to facilitate an urgent plan review, if additional supports are required

• discussing with support workers (where an applicant is receiving support from an approved support provider) future support plans, including supporting referrals to be made to establish the tenancy

• considering whether to refer the applicant to the Tenancy Plus service or other local Tenancy Support Programs to assist with establishing and sustaining the tenancy, if existing supports are planned to change or stop after the sign up.

Local Area Coordinators / Support coordinators

In this situation the role of the LAC and/or support coordinator may include:

• ensuring that the participant’s plan includes supports that will assist them to sustain their tenancy• responding to the participant’s significant change in circumstances by submitting a

recommendation to the NDIA to undertake a plan review (where relevant)


If the participant requires a plan change due to being offered a property, the role of the NDIA may include:

• accelerating the planning process due to a change in circumstances.

NDIS participants

A scheme participant who is offered a public housing property should:

• determine whether the property meets their needs and accept or refuse the offer• ensure NDIS supports are in place for their new tenancy• seek assistance to view offered properties, where needed.• If there are any issues staff should contact the LAC for their area for more information on the LAC

role. Please see the following link on the NDIS website <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community>.

• To find the LAC for your area please refer to the NDIS website <https://www.ndis.gov.au/contact>.Staff should refer to Public Housing Allocations Operational Guidelines, for information on about making an offer to a NDIS participant. These guidelines can be found on the department’s website <https://providers.dhhs.vic.gov.au/public-housing-allocations-operational-guidelines>.


https://providers.dhhs.vic.gov.au/public-housing-allocations-operational-guidelines



6. NDIS participant is signing a residential tenancy agreementAll public housing tenants must sign a residential tenancy agreement before the commencement of the tenancy. Some NDIS participants may require support to enter into a residential tenancy agreement. The support required may be informal or formal in nature.

Supports required could include:

• informal supports, friends or family members• Easy Read supporting documents for tenancy agreement.

In some instances, the applicant will not be able to sign the residential tenancy agreement. This may occur in situations where the applicant or household member is not capable of executing the residential tenancy agreement due to a cognitive disability.




• determining whether any formal arrangements are in place to assist the participant in signing the tenancy agreement (see ‘Accommodation decision making for applicants with a disability and NDIS participants’ in Public Housing Allocations Operational Guideline - Chapter 2: Offers of Housing for further information)

• where formal arrangements exist, engaging these supports to assist the participant• where no formal arrangements exist, consulting with the participant and/or any existing support

providers to consider what support the participant may require during the process to sign the tenancy agreement

• ensuring that the participant understands the residential tenancy agreement.

Local Area Coordinators / Support coordinators


• providing information and referral to other government services and local or community-based supports.

For further information, staff should refer to Public Housing Allocations Operational Guidelines on the department’s website: <https://providers.dhhs.vic.gov.au/public-housing-allocations-operational-guidelines>



7. NDIS participant requires support to maintain their tenancySome people with a disability, including NDIS participants, may need tailored support to maintain their tenancy obligations. Under the NDIS, supports may be available for NDIS participants to live independently in the community. These supports are designed to complement rather than replace supports already available through the housing and homelessness sector.

A number of circumstances could arise contributing to an NDIS participant who is a public housing tenant requiring additional support. This could include:

• the needs of the participant changing




https://providers.dhhs.vic.gov.au/public-housing-allocations-operational-guidelines

• the participant’s public housing tenancy is at risk of failing• support services no longer providing support or not being available to the participant.

If it is determined that the tenant could meet the disability requirements for the NDIS but is not currently a participant, staff should refer to scenario 1: “Public housing tenant or applicant may be eligible but hasn’t applied for the NDIS’.




• with consent, establishing and maintaining communication with the support coordinator and / or LAC

• working with support contacts to determine strategies to address any tenancy issues • engaging with the participant, their support coordinator or LAC to consider whether changes in

NDIS supports are required to assist with sustaining the tenancy• checking whether the NDIA is responding to any tenancy issues by taking steps to:

– prioritise access to the NDIS if the tenant is a prospective NDIS participant, or

– arrange a change in circumstances or accelerating the planning process if the tenant is a current NDIS participant.

• making a duty of care referral for the tenant to the Tenancy Plus program to assist with access to the NDIS if they are unwilling to go to a LAC.

Under The Charter of Human Rights and Responsibilities Act 2006 (the Charter) it is unlawful for a public authority (including the Director or the department) to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right. For example, staff may consider postponing any legal action against a tenancy while the NDIA is making a decision about NDIS access or a plan change.

Support coordination (if funded in the participant’s NDIS plan)

In this situation the role of a support coordinator may include:

• contacting and coordinating supports with other existing support providers, including public housing tenancy management functions

• identifying any additional supports that may be required• if additional supports are required, supporting the participant to request an urgent plan review.

Local Area Coordinators / National Disability Insurance Agency

In this situation the role of a LAC and/or the NDIA may include:

• assisting with a plan review request or planning processes• assisting participants to implement their plan• responding to requests for urgent reviews for additional supports• providing information and referral to other government services and local or community-based

supports.If there are any issues staff should contact the LAC for their area for more information on the LAC role. Please see the following link on the NDIS website <https://www.ndis.gov.au/understanding/what-ndis/whos-rolling-out-ndis/lac-partners-community>.





Staff should refer to the Tenancy management manual <https://providers.dhhs.vic.gov.au/tenancy-management-manual> on the department’s website for further information and guidance.

8. Public housing client with a disability is not eligible for the NDISA public housing client with a disability may not meet the eligibility criteria for access to the NDIS. See ‘Accessing the NDIS’ under ‘NDIS Service System’ in this document. A LAC has been funded to provide support to all people with a disability, not just NDIS participants, and are still able provide assistance to public housing clients with a disability.


Public housing staff


• ensuring that a client with a disability is given information about the role of a LAC• referring the client to other support organisations if additional support is required.

Local Area Coordinators / National Disability Insurance Agency

In this situation the role of the LAC and/or the NDIA may include:

• assisting the client understand why they did not meet the access requirements for the NDIS• providing information about and connections to community and mainstream services.



Escalation process

National Disability Insurance SchemeShould an NDIS participant or their representative disagree with a decision made by the NDIA, they may request the NDIA to review the decision. This review will be undertaken by an NDIA staff member not involved in the planning decision who may seek further advice through a technical specialist team as required by the NDIS.

If an NDIS participant is not satisfied with the subsequent decision, they may seek an external review of the decision. Information about reviews can be found on the NDIS website <https://www.ndis.gov.au/operational-guideline/review-of-decisions-sitemap.html>.

In this situation it may be useful to seek additional support to assist with the process. Some Disability Advocacy organisations have been funded for this specific purpose. See the DARU website <http://www.daru.org.au/?s=&post_type=advocacy-org&advocacy-type=individual-advocacy&advocacy-speciality%5B%5D=ndis-appeals> for more information.

Department of Health and Human ServicesIf a person who lives in or is applying for public housing is not satisfied with a decision about their special housing requirements, this decision can be appealed through the department’s public housing appeals


http://www.daru.org.au/?s=&post_type=advocacy-org&advocacy-type=individual-advocacy&advocacy-speciality%5B%5D=ndis-appeals



https://providers.dhhs.vic.gov.au/tenancy-management-manual

process. See the Housing Vic website <https://www.housing.vic.gov.au/appeal-decision> for more information.

During the transition if the department is not satisfied with a decision made by the NDIA, cases may be escalated to the regional Transition Operational Steering Group through the department’s transition managers in each division. The group will aim to resolve issues in a collaborative and considered manner to expedite decision making. Housing staff should speak with the relevant NDIS transition manager to discuss any cases for escalation.


https://www.housing.vic.gov.au/appeal-decision

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