Refusal or revocation of Shared Supported Accommodation registration

This page should be read in conjunction with the Assisted accommodation provider guidelines.

Revocation or refusal of registration

The TAC may refuse to register or revoke the registration of a Shared Supported Accommodation (SSA) provider in circumstances where that provider:

  • Fails to comply with any condition of SSA registration with the TAC, including registration criteria, service specification and property enrolment criteria
  • Fails to demonstrate capacity to deliver services in line with the National Standards for Disability Services (the Standards) or other disability standards as determined by the Commonwealth of Australia or State in which the service is operating, or
  • Fails to comply with any other relevant legislation.

Notice and escalation  

The TAC will, if appropriate, discuss available options for a provider to achieve or maintain registration, which may include the decision to attach conditions to SSA registration and/or property enrolment.

In circumstances where a provider is still found to be non-compliant with TAC SSA registration criteria, the Standards, capacity to meet the Standards ongoing or any other relevant legislation, the TAC will issue a notice outlining proposed refusal or revocation of the registration and authorisation of that provider including:

  • Reasons for the proposed decision; and
  • Advising the provider that it has the right to make a new submission in writing within 28 days of the notice being issued.

Before making a final decision, the TAC will consider any new submission or information supplied by the provider.  The TAC will also provide minimum monthly updates to the provider on progress of the decision with regards to refusal or revocation of SSA registration and authorisation.

Where a final decision is made by the TAC to refuse or revoke the SSA registration of the provider and its authorisation to provide this service under the Act, the TAC will remove any details of that provider from all relevant TAC/Worksafe registers and listings of shared supported accommodation providers.  The TAC will inform the provider in writing of this final determination.

Referral to relevant authority

The TAC may also refer concerns with regards to misconduct and other disability provider obligations to the relevant provider governing body or authority in accordance with section 131A of the Transport Accident Act 1986.

Appeal of the decision

A provider may apply to the Victorian Civil and Administrative Tribunal (VCAT) for a review of the decision to refuse or revoke registration.  Such application must be made to VCAT within twelve months (52 weeks) of:

  • The day of the dated decision; or
  • If the provider requests to be provided with a statement of reasons in relation to the decision, the day on which:
    • The statement of reasons is given to the provider; or
    • The provider is informed that a statement of reasons will not be given.

VCAT may affirm or overturn the decision to refuse or revoke registration, or return the matter to the TAC for reconsideration.

Where VCAT upholds the applicant’s appeal and registration is granted as a result, the provider’s details will be added to the relevant register. Where VCAT rejects the applicant’s appeal, the decision to refuse or revoke registration, will be confirmed.

Future applications for registration

Following a decision to refuse or revoke registration, a provider is open to reapply for registration. Each application will be assessed on its own merits though any subsequent application is only likely to be successful if the prior reasons for refusal or revocation have been addressed and evidence is submitted to satisfy the registration criteria.