Policy Number
POL-0005
Policy Name
Appeals Policy
Issue Date
17 April, 2014
1. Objective
This policy outlines what decisions can be appealed and how Argyle Community Housing
(Argyle) handles appeals from applicants, tenants and stakeholders.
2. Background and Scope
2.1. Applicants and tenants have the right to appeal decisions and will not be
disadvantaged by lodging an appeal
2.2 Argyle will adopt a transparent and objective approach to receiving, investigating and
responding to appeals
2.3 Argyle welcomes appeals and will use the outcomes and learnings from appeals in our
continuous improvement approach to service delivery
3. Definitions – Refer Argyle POL-0002 – Policy Definitions
4. Policy Detail
4.1. What is an appeal?
An appeal is a request to have a decision reviewed. An appeal involves a fresh look at the
issue to see if an outcome can be changed in full or in part. The appeal will address the merits
of the case and examine what the best possible outcome should be. An appeal is different to
a complaint. A complaint is an expression of dissatisfaction with a response to or quality of
service delivery. A complaint is dealt with separately to an appeal.
4.2. What decisions can be appealed?
Decisions that can be appealed include:
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Decisions relating to eligibility for social or affordable housing or housing
assistance
Property offers
Property entitlements
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Rent calculations or rent subsidy cancellations
Transfer Applications
Requests to modify properties
Succession of tenancy
Decisions that are not appealable include:
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Matters which are the responsibility of the NSW Civil & Administrative Tribunal
(NCAT) or equivalent in each State or Territory
Decisions that are not directly related to the applicant/ tenant
The content of our policies
Matters not relation to the provision of housing
4.3 What is involved in the appeal process?
An appeal process will involve looking at all the relevant information on file, submitted by the
individual, and any new information that was not available to the original decision maker. The
purpose of the appeal is to look at the appellants circumstances at that point in time and to
see what decision should be made within the relevant policy.
4.4 Who can lodge an appeal?
Only the person/s affected by the decision can lodge an appeal.
4.5 How to lodge an appeal
Argyle Community Housing welcomes appeals and is focussed on continually improving our
service delivery.
If the applicant, tenant or stakeholder is dissatisfied with the decision made by Argyle it is in
their best interests to appeal as soon as possible after the original decision was made.
Generally, the right to appeal is limited to three months from the date of the appellant being
advised of the decision. However, Argyle has the discretion to consider matters outside of
this timeframe where this is considered the most appropriate means of resolving as issue.
An appeal can be lodged by email, letter and phone or by completing an Appeal form. This
form can be located on our website or by contacting any Argyle office.
4.6 Argyle Community Housing standards in responding to appeals
Appeals will be formally acknowledged within three working days of receipt at Argyle
Community Housing.
The process of assessing and completing the appeal will take no longer than 28 days from the
date of receipt. If a delay is likely to occur Argyle will notify the appellant of the expected
timeframe and the reasons for this.
4.7 Assessing the appeal
Appeals will not involve the officer that has made the original decision. All appeals will be
assessed by a more senior person than the original decision maker. This may be a Manager,
General Manager or CEO.
The assessment of the appeal will consider all information available at the time of the appeal.
This may include interviewing the appellant as part of this process.
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4.8. Completing the appeal
Once the appeal assessment is completed, the appellant will be formally advised of the
outcome. The appeal outcome letter will explain the reason(s) for the decision.
If the appellant is still not satisfied with Argyle’s decision they have the option of referring the
matter to the Housing Appeals Committee (HAC). Argyle’s response will include information
about how to lodge an appeal with HAC.
4.9. Record of the appeals
The file record of the appeal will be confidential and will only be discussed with staff as
required for the purpose of investigating the appeal. The appeal will be kept with the
tenant’s/ applicant’s file.
4.10. Appeals register
Decisions on appeals will be recorded in the Electronic Appeals Register with limited access by
Argyle Community Housing employees.
4.11. Role of HAC
HAC is an independent body that is responsible for the external processes for all NSW social
housing clients. In most cases Argyle Community Housing will support a recommendation
made by HAC as an independent arbiter. If Argyle does not support HAC’s recommendation,
a dispute resolution process will be entered into by the Executive Chairperson of HAC and the
Argyle Community Housing CEO.
4.12. Other avenues of client action
A formal appeal to Argyle Community Housing does not deny a client their right to take other
courses of action. For example, these may include;
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Seeking support from their local Member of Parliament
Contacting their nearest Tenants Advice Office or Community Legal Centre for
advice and assistance.
5. Related Policies and Documents
5.1
5.2
5.3
5.4
5.5
5.6
Delegation of Authority Schedule
POL- 0002 – Policy Definitions
POL-0006– Complaints Policy
Property-specific Complaints Policies, Procedures and Tools.
National Community Housing Standards Reference
3.6 Complaints and appeals
State or
Territory
NSW
Name of
Organisation
Housing Appeals
Committee (HAC)
Contact Phone
Number
Free call:
1800 629 794
ACT
Housing ACT
Client Liaison,
133427
Policy number: POL-0005
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Address
Web site
Office 5-6
Ground Floor 17 Elsie Street
Burwood NSW
2134
Locked Bag 3000
Belconnen ACT
2616
www.hac.nsw.gov.au
www.dhcs.act.gov.au
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Version No:
Approval Date:
Review Date:
1.0
14/04/2014
26/01/2015
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