Appealing Office
of Housing Decisions
Help and guidance for residents
who wish to lodge an appeal.
Appealing Office of Housing Decisions
1. What is an appeal?
If you think a decision made by the Office of
Housing is unfair, unjust or biased you have
a right to ‘appeal’ the decision, which means
requesting that the decision be reconsidered.
2. Who can appeal Office of Housing
decisions?
You can make an appeal if you:
• Have applied for public housing; or
• Have applied for bond assistance; or
• Are a current tenant of an Office of
Housing property
3. What matters can be appealed?
The following matters can be appealed
using the Office of Housing’s internal appeal
process:
• Eligibility for rental housing
• Eligibility for early housing
• Eligibility for special or recurring housing
programs
• Allocations and offers of housing
• Relocation issues
• Mutual swaps
• Revival applications
• Cancellation of rebate
• Backdating of rebate assessment
• Rebate calculations
• Eligibility for bond assistance
• Allocation of car parking bay
• Internal and external work permits
• Requests for security screens
• Requests for disability modifications
• Applications for additional bedrooms
4. What matters cannot be appealed?
The following matters cannot be appealed
using the internal process (you must go
straight to one of the external avenues of
appeal outlined in Item 7):
• Rental arrears recovery procedures
such as:
– Orders for possession
– Eviction
– Notice to Vacate
– Legal agreements
• Requests for emergency and responsive
maintenance
• Breaches of the Residential Tenancy Act or
Tenancy Agreement
• Subletting
• Transfers of Tenancy (you can only appeal
if the transfer is due to a tenant’s death or
departure).
• Water charges
Note: For non-appealable matters, you can apply
to the Victorian Civil and Administrative Tribunal
(VCAT) to have matters reviewed.
5. How do I lodge an appeal?
To lodge an appeal, you will have to fill in a
Housing Appeals Application Form.
This form can be obtained from the:
• Local Housing Office
• Housing Appeals Office
Housing Appeals Office
Department of Human Services
1st Floor, 555 Collins St, Melbourne 3000
Phone: (03) 9616 7426 or 1800 807 702.
In this form, you must provide evidence to
support your appeal.
Applications may be lodged at any Housing
Office or with the Housing Appeals Office.
6. Process of an appeal
Once your form is lodged, the appeal will
be dealt with using the Office of Housing’s
two-stage appeals process. You will be sent
a letter acknowledging that your appeal has
been received.
Stage One: Initial Review
This stage should not take more than ten
working days. Once the application is lodged,
you should receive a letter that says you
will be informed about the progress of your
appeal. If the appeal is successful and the
original decision is overturned, you will
receive a letter informing you of this. This
will end the appeals process. If your appeal
is unsuccessful, you will be sent a letter that
the original decision will stand, and that your
appeal has been referred to the Appeals
Manager for further review.
Stage Two: Housing Appeals Office
The Appeals Manager may contact you
to discuss your appeal over the telephone
or to arrange an interview. In this interview,
you will be able to explain your situation
and provide further information. Once the
Appeals Manager has finished the review,
they will send you a letter informing you
whether or not your appeal has been
successful.
Note 1: If you do not receive contact from the
Appeals Manager within one month from submitting
your appeal, you should phone the Housing Appeals
Office.
Note 2: You may request that an interpreter be used
in the interview.
7. Other avenues of appeal
If you are unhappy with the outcome of the
internal appeals process, or the issue is
something that cannot be appealed using the
Office of Housing’s internal process, you can
use one of the following appeal processes.
Ombudsman
The Ombudsman of Victoria can investigate
appeals about administrative actions and
decisions made by the Office of Housing, and
about the conduct and behaviour of its staff.
The Ombudsman has broad powers and is
free, independent and impartial.
How to appeal
To make an appeal using the Ombudsman
Victoria, phone (03) 9613 6222.
The appeal process
The Ombudsman will acknowledge receipt
of your appeal. You will then be informed
whether the Ombudsman will investigate.
If the Ombudsman does decide to investigate,
it will seek information from the Office of
Housing. You will be informed of the progress
of the investigation.
If your appeal is substantiated, the
Ombudsman may recommend that the Office
of Housing take some action to remedy the
problem. However, the Office of Housing
does not have to act on the Ombudsman’s
recommendation.
Equal Opportunity Commission
The Equal Opportunity Commission
helps people resolve issues related to
discrimination and harassment. The
Commission will help resolve an appeal by
mutual agreement.
How to appeal
Contact the Commission for free and
confidential advice on (03) 9281 7100.
You will be told whether or not the
Commission can assist you. If they cannot
assist you, they will refer you to another
organisation. If they can help, a Complaints
Officer will explain how they can help and
what information is required.
If you decide to appeal you can either:
• Meet with a Complaints Officer; or
• Write a statement of complaint and send it
to the Advice and Referral Officer.
The appeals process
The Commission will attempt to resolve
the appeal by bringing you and an Office of
Housing representative together to discuss
the issue.
The Commission has a limited range of
remedies available to it, and cannot make an
order or award compensation.
If there is no resolution, the Commission
may refer the case to the Victorian Civil and
Administrative Tribunal (VCAT).
Supreme Court of Victoria
Appeals can be made to the Supreme Court
of Victoria where a decision involves:
• Breached natural justice or procedural
fairness – e.g. you were not given an
opportunity to be heard.
• An error of law – e.g. the Office of Housing
made a decision that it is not legally
entitled to make.
Note: It is expensive and complicated to take
matters to the Supreme Court of Victoria. You
should get legal advice before doing this.
8. How can VCAT help?
The Victorian Civil and Administrative
Tribunal (Residential Tenancies List) can deal
with appeals relating to decisions arising
out of the Residential Tenancy Act. It is not
a court but can make decisions that are
legally enforceable. It cannot hear matters
concerning Office of Housing policy such as
which waiting list you should be on or your
rebate amount.
Victorian Civil and Administrative
Tribunal
55 King Street Melbourne 300
Phone: (03) 9628 9800 or 1800 133 055
Open 9.00 am to 4.30 pm, Monday - Friday
How to appeal
You will need to fill out a Victorian Civil and
Administrative Application Form, which is
available from VCAT. In the section of the
form that asks who your landlord is, write
‘Director of Housing’.
Completed forms must be lodged with VCAT.
A copy must also be sent by registered or
certified mail to the Office of Housing.
You must include with your application the
specified fee (cash, money order or bank
cheque). If you cannot afford to pay the fee
you may apply for a fee-waiver by filling out
the Fee Waiver Form.
The appeals process
VCAT will inform you of the date and location
of your hearing. If you cannot attend the
hearing on the set date you will have to apply
for an adjournment, providing evidence of
the reason (e.g. medical certificate).
Note: If you need an interpreter, you should contact
VCAT on (03) 9628 9800 as soon as you know the
date of your hearing.
Preparing your case
When you appeal to the Tribunal it is your
responsibility to prove your case. You should
write down everything you want to say at the
hearing. Try to be clear and direct.
Bring any evidence you have to support your
claim to the hearing.
Things you should bring as evidence include:
• Letters
• Documents
• Witnesses
If a witness refuses to attend the hearing, you
can apply for a ‘summons’ before the hearing
date. This will force the person to attend and
give evidence. Otherwise, a witness can give
their evidence in a ‘statutory declaration’
(available at most newsagencies).
The hearing
Make sure you are at least 15 minutes early
to the hearing. If you are late, the matter
will be heard without you. When you arrive
tell the counter staff that you have arrived.
You will then be called to a hearing room,
where a ‘member’ (the individual making the
decision) will ask you to present your case.
The Office of Housing representative will also
present their case.
Outcome
After both sides have presented their cases,
the VCAT member will make an ‘order’,
which is the decision on your case. If you
don’t understand the order, ask the member
to explain it to you. A copy of the order will
be given to you on the spot but will also be
mailed to you a few weeks later.
Supreme Court of Victoria
In some cases, a matter may be appealed
from the Tribunal to the Supreme Court of
Victoria.
If you are unhappy with the decision made by
the Tribunal or you want to appeal something
which cannot go to the Tribunal your only
option is to go the Supreme Court of Victoria.
Note 1: Not all matters can go to the Supreme Court
of Victoria.
Note 2: It is expensive and complicated to take
matter to the Supreme Court of Victoria. You should
get legal advice before doing this.
9. Freedom of Information
It is possible to get information about your
case from the Office of Housing.
Your request for information must be made
in writing using the Client/Tenant Request
for Information Form. A verbal request is not
enough.
If the Office of Housing does not provide the
information you requested you may apply for
Freedom of Information.
To make a Freedom of Information
application, contact the Freedom of
Information Unit. You will be required to
complete an application form and possibly
pay a fee.
Department of Human Services –
Freedom of Information Unit
GPO Box 4057
Melbourne VIC 3000
Phone: (03) 9616 8449
Fax: (03) 9616 8848
For Assistance
Office of Housing
If you have a question for the Office of Housing or
would like to get a referral for assistance.
Ph: 1300 650 172
www.housing.vic.gov.au
Victorian Civil and Administration Tribunal
If you need to go to the tribunal or are being taken
to the tribunal.
Ph: 03 9628 9800 (1800 133 055)
www.vcat.vic.gov.au
Federation of Community Legal Centres
For your nearest community legal centre to get
legal advice.
Ph: 03 9654 2204
www.communitylaw.org.au
Office of Housing – Housing Appeals Office
If you want to appeal a decision made by the Office
of Housing.
Ph: 03 9616 7426 (Country callers 1800 807 702)
Ombudsman Victoria
If you want to make a complaint about decisions
made by the Office of Housing.
Ph: 03 9613 6222
www.ombudsman.vic.gov.au
PILCH Homeless Persons’ Legal Clinic
If you are homeless and need assistance in dealing
with the Office of Housing.
Ph: 03 9225 6684
www.pilch.org.au.au
Equal Opportunity Commission
For free advice if you believe you have been
discriminated against by the Office of Housing.
Ph: 03 9281 7100 (1800 134 142)
www.eoc.vic.gov.au
Tenants Union
For free legal advice on housing.
Ph: 03 9416 2577
www.tuv.org.au
Written by: Nick Goodfellow.
Produced by: Flemington and Kensington Community Legal
Centre Inc, ABN: 38 029 753 353, Reg No: A0017061M.
Disclaimer: The information in this fact sheet was current
at the time of printing. However, the law and policy may
change. Always check for changes in the law or policy. Get
legal advice before acting on the information contained in
this fact sheet.
No responsibility can be taken for any errors or omissions.
Acknowledgments: Production of this publication was
made possible by a financial grant from the Victoria Law
Foundation.
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downloaded from the website. It can be copied and
distributed by individuals and organizations provided it is
not for profit and Flemington and Kensington Community
Legal Centre is acknowledged.
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