How to Deliver SIL in the NDIS – Legal Considerations
Supported Independent Living (SIL) is one of the most regulated and complex NDIS services. If you’re planning to deliver SIL in the NDIS, it’s crucial to understand the legal obligations, insurance requirements, tenancy agreements, and risk management protocols from day one.
This comprehensive guide outlines everything you need to know—from setting up a SIL house to protecting yourself legally, so you can deliver high-quality, compliant support without surprises.
What is Supported Independent Living (SIL)?
Supported Independent Living (SIL) refers to daily support provided to NDIS participants with complex needs to help them live more independently. Under the NDIS PACE model, SIL now falls under “Home and Living Supports” instead of Core Supports.
SIL is usually delivered:
In the participant’s own home
In a shared or group setting
Sometimes in conjunction with Specialist Disability Accommodation (SDA)
🔎 Important: SIL funding does not cover rent, groceries, or utility bills.
Legal Requirements to Deliver SIL in the NDIS
1. Rental & Leasing Obligations
If you’re leasing a home for SIL purposes:
Review the primary lease: Ensure it permits use as a SIL residence.
Prepare participant tenancy agreements: These must reflect the local tenancy laws and clarify rights and responsibilities.
In some states, you may also need to register the property as a boarding house.
2. Service Agreements
In addition to tenancy contracts, you must draft clear SIL service agreements that outline:
Roster of care
Billing method (daily or weekly)
Responsibility for irregular supports
Schedule a call with Yirra Care for assistance in setting up your service framework.
Key Legal Risks and How to Manage Them
Conflict of Interest
If you’re delivering both SIL and SDA, you must disclose and manage conflicts transparently.
Subcontracting
If outsourcing staff:
Ensure your subcontractor signs a formal agreement
Verify qualifications, induction, and training
Set clear KPIs and compliance requirements
Ensure they comply with your incident management policy
⚠️ If you’re a registered NDIS provider and use unregistered subcontractors, you still carry full liability.
Privacy and Consent
NDIS providers must comply with national and state privacy legislation, including:
Informed consent protocols
Data handling policies
Secure recordkeeping
Your subcontractors must also be trained in privacy compliance and agree to your data protocols.
Complaint and Dispute Management
Establish a clear internal complaints process for:
Participant issues
Staff performance concerns
Housemate conflicts
Also ensure your contact process includes a formal route for escalation.
Reporting Requirements
As a SIL provider, you must:
Report unauthorised restrictive practices to the NDIS Commission
Have a behaviour support plan in place for relevant participants
Understand additional state-based obligations if working with children or implementing restraints
What Makes a Successful SIL Provider?
Delivering SIL is more than compliance—it’s about creating safe, empowering homes.
Here’s what successful SIL providers do:
Balance business goals with human outcomes
Train and support their staff
Collaborate with stakeholders: Participants, families, therapists, planners
Use risk assessment tools during onboarding
Match participants not just by need, but by compatibility and values
At Yirra Care, we build communities—not just homes. Explore our SIL support services in Brisbane.
Need Help Starting Your SIL Services?
Yirra Care offers:
Support with referrals
Guidance with onboarding and matching
Tools for rostering, staffing, and behaviour support
Internal training aligned with NDIS Quality and Safeguards Commission standards
If you’re serious about delivering SIL in the NDIS, we’re ready to guide you every step of the way.
