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Clients Service Delivery Policy Supplement

This policy supplement provides additional information to support the following policies of the Department of Family and Community Services – Housing NSW:

Index

Appeals – First Tier

  1. Timeframe in which to lodge an appeal
  2. Timeframe for consideration of appeals
  3. Matters that are appealable
  4. Matters that are not appealable

Appeals

There are a number of rules that determine the timeframe in which to lodge and resolve an appeal, and the matters that are and are not appealable.

1. Timeframe in which to lodge an appeal

The timeframes for clients to lodge an appeal are detailed in Table 1 below.

Table 1: Timeframe for lodging an appeal
Appeal issueTimeframe to appeal

Offer of alternative premises:

Under Section 149 of the Residential Tenancies Act 2010, a client can request a review of Housing NSW’s decision to notify the client that it intends to terminate their tenancy because an offer of an alternative social housing property has been made and the client has not accepted that offer.

Within 14 days after the notice is given.

Type and length of lease offered when a client enters public housing:

This applies when a client disagrees with the type or length of a tenancy offered.

Within 30 days after:

  • Notice of the offer, or
  • Sign up, or
  • Notice following the review of additional information

Type and length of lease offered after a review of the current lease:

This applies when a client disagrees with the length of a tenancy offered.

If the client is on a 2, 5 or 10 year lease, within 30 days after notification of the length of the new lease.

If the client is on a three or six month lease, within 7 days after notification of the length of the new lease.

Eligibility to continue living in public housing under Section 145 of the Residential Tenancies Act 2010:

A client can request a review of Housing NSW’s decision that they are no longer eligible to continue living in public housing.

If the client is on a 2, 5 or 10 year lease, within 30 days after the notice is given.

Change of circumstances following a lease review:

This applies when a client disagrees with a decision not to offer an extension of the lease based on a change of circumstances following a lease review.

Within 14 days of the notification of the decision.

All other appealable matters

Within three months of the original decision.

In some circumstances this timeframe may be extended, for example, where the client would be significantly disadvantaged if they could not lodge their appeal.

2. Timeframe for consideration of appeals

First tier appeals are generally decided within 20 working days from the date Housing NSW receives a client’s application form. Priority will be given to certain appeals, as outlined in Table 1 below.

Table 1: Timeframe for consideration of appeals
Appeal issueTimeframe for consideration

Urgent situations regarding rental assistance

Within 48 hours

Urgent situations regarding eligibility for tenancy statements

Within 48 hours

Decisions to terminate tenancies where alternative public housing has been offered.

Within 19 calendar days.

Note: Housing NSW has 7 calendar days to complete the initial review. The remainder of the time is applicable where the file is transferred to the Housing Appeals Committee for review.

Eligibility decisions under Section 145 of the Residential Tenancies Act 2010

Priority will be given to this type of appeal

Eligibility decisions relating to a change of circumstances following a lease review

Priority will be given to this type of appeal

Consumer, Trader and Tenancy Tribunal action that is underway in respect of the client making the appeal.

Priority will be given to this type of appeal

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3. Matters that are appealable

Many decisions made by Housing NSW can be appealed. These decisions are set out below:

  • Eligibility for Rentstart assistance, including Temporary Accommodation, Tenancy Assistance, Rentstart Move, Advance Rent and Rentstart Bond Loan. For more information about Rentstart Bond Loans, go to Rentstart Bond Loan decisions that are appealable.
  • Eligibility for social housing.
  • Eligibility for emergency temporary accommodation.
  • Eligibility for a statement of satisfactory tenancy.
  • Removal from the social housing register.
  • Priority housing assistance.
  • The location offered when housing assistance is being provided.
  • The classification of a rejected offer as ‘reasonable’.
  • The type and length of lease offered when an offer of a property is made.
  • Calculation of rent subsidies.
  • Cancellation of rent subsidies.
  • Incorrect calculation of water usage charges.
  • Requests for property modifications or improvements.
  • Requests to purchase Housing NSW property.
  • Requests for absence from dwelling.
  • Requests to house an additional occupant.
  • Succession of tenancy.
  • Transfers.
  • Mutual exchange.
  • Notice under Section 149 of the Residential Tenancies Act 2010 that Housing NSW intends to issue a Notice of Termination where a tenant has been offered alternative social housing premises.
  • Notice under Section 145 of the Residential Tenancies Act 2010 that a tenant is no longer eligible to reside in public housing.
  • Eligibility for an extension of a lease as a result of a change of circumstances following a lease review.
  • Confirmation of Aboriginality

Rentstart Bond Loan decisions that are appealable

  • The amount of assistance provided under Rentstart Bond Loan. For example, the amount of bond assistance and/or Advance Rent provided.
  • Decision to decline a client applying for their third Bond Loan.
  • Decision to suspend a client’s access to further Rentstart assistance.
  • Decision to decline an application when a client reapplies and they are suspended from further assistance.
  • Decision to decline a payment variation request.
  • Decision to decline a payment deferral request.

Private Rental Subsidy decisions that are appealable

  • Eligibility for the Private Rental Subsidy.
  • The amount of assistance provided under the Private Rental Subsidy.
  • Cancellation of the Private Rental Subsidy when a client refuses a reasonable offer of social housing.
  • Cancellation of the Private Rental Subsidy after a review.

4. Matters that are not appealable

Some decisions made by Housing NSW cannot be appealed. These decisions are set out below:

  • Matters that the Consumer, Trader and Tenancy Tribunal (CTTT) can resolve. For example, if Housing NSW does not meet its obligations to carry out repairs and maintenance to a client’s property, and termination of a tenancy by Housing NSW.
  • Decisions that are not directly related to the person or household. For example, the allocation of housing to another person.
  • Housing NSW policies, rather than the application of policy to a client’s circumstances.
  • Matters for which clients cannot make an application to Housing NSW. For example, general upgrades of housing.
  • Decisions in relation to the length of lease offered after a Section 142 notice has been issued to an existing tenant.
  • Reports made to Community Services under the Children and Young Person Persons (Care and Protection) Act 1998.

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Last updated: 02 Jul 2012
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