Exemptions for supported residential facilities

The notification was published in the Government Gazette on 19 February (pp. 409).

One part of the Gazettal Notice updates exemptions made under the Aged Care Act 1997, to reflect the new Aged Care Act 2025. However, the other Notice revokes the exemptions published in the Gazette of 24 January 2019 (see Gazette 24 January 2019 pp.264) related to Specialist Disability Accommodation providers and facilities that have three or more residents who are National Disability Insurance Scheme eligible for or in receipt of Supported Independent Living support payments.

Find out what has changed

The Notice now only exempts Specialist Disability Accommodation (SDA) providers and facilities that have three or more residents, who are National Disability Insurance Scheme eligible for or in receipt of Supported Independent Living (SIL) support payments from parts of the SRF Act, including:

• Part 4 – Licensing Scheme
• Section 37 – Prospectuses
• Section 40 – Service Plans
• Division 2 Part 5 – Additional Assistance

LGA is seeking advice as to the implications for councils, noting that there are around 1700 SDA facilities located across the state. LGA’s concerns relate to issues around the risk to councils, complaints processes and cost shifts relating to time it will require to investigate complaints, with no ability to recover costs.

LGA has expressed concerns over no consultation prior to these changes coming into effect and the unknown nature of the impact of these changes to councils.

Any questions please email Senior Policy Advisor Belinda.tassone@lga.sa.gov.au.