Appeals and reviewing decisions
Last published 22 Oct 2018
Many decisions made by the social housing providers can be reviewed and appealed upon request by a client. A review is a formal process that checks whether the right decision has been made on a matter.
When a decision is made:
- Consideration is given to individual circumstances,
- Policy is applied, and
- The reasons for the decision are provided.
If you think the wrong decision has been made you can talk to the person who made the decision or another FACS staff member. If you are still not satisfied, you can ask for the decision to be reviewed.
What decisions can be reviewed?
Decisions that can be reviewed include:
- decisions made under Housing Pathways about:
- Applications for Housing Assistance including applications for Transfer
- Private Rental Assistance products
Decisions made that affect FACS tenants such as:
- Applications for Recognition as a Tenant
- First and second strike notices for antisocial behaviour
- Rent subsidy calculations and other tenancy-related decisions.
Decisions made that affect former tenants of social housing such as:
- Former social housing tenant debts
- Former tenant classifications.
Social housing providers cannot review NSW Civil and Administrative Tribunal (NCAT) decisions.
How do I have a decision reviewed?
You can fill out Review of Decisions –First Tier Application online or complete the relevant application available from our website or at any local social housing provider office.
If you need help completing an application, speak to a social housing provider staff member. They will be able to explain what types of information should be entered on the application and provide help with other types of assistance. You can also ask someone else to do this on your behalf, for example, a relative, friend or community worker.
Is there a timeframe to ask for a review?
Yes, Generally you have three months from the date of the original decision to ask for a review. However, there are a number of decisions that require more urgent review and have specific time frames. For more detail on these, refer to the Client Service Delivery and Appeals Policy.
How does the review process work?
An officer, who did not make the original decision, will review the original decision and make a recommendation. The review will check that:
- Procedural fairness was adhered to
- Policy was interpreted correctly and fairly when making the decision
- All circumstances and relevant information were fairly and properly considered
- Any new, relevant information is considered.
A delegated officer will then decide if the recommendation is correct. If you believe that the decision made after the review is still incorrect, you can ask for a second tier appeal which is conducted by an independent body, the Housing Appeals Committee.
Housing Appeals Committee
The Housing Appeals Committee is an independent body that deals with appeals related to decisions made by social housing providers in NSW. The Housing Appeals Committee will review decisions and provide a recommendation to the original decision maker, except for appeals to issue a first or second strike notice for antisocial behaviour, where the decision of Housing Appeals Committee is binding.
How long will the review take?
The first tier review undertaken, will generally be completed within 20 working days from your application. It may sometimes take longer than this if we are waiting for further or new information from you or another relevant party.
A second tier appeal undertaken by the Housing Appeals Committee generally takes between six and eight weeks.
How do I know what the decision is?
When the review is completed you will receive the decision in writing.