Why appeal?
The Housing Authority understands that the decisions it makes can affect customers.
The appeal process allows any concerns you have to be dealt with in a fair and open manner.
There are two levels of appeal:
- Tier 1: An internal review by a Senior Review Officer who has not previously been involved in your case
- Tier 2: An appeal hearing by the Regional Appeals Committee
What can you appeal?
You can appeal decisions that relate to:
- Assessment of tenant liability charges
- Garden establishment charges
- Continued tenant eligibility for GROH housing or
- Any other unfavorable decision which impacts the appellant.
The appeals process is there to make sure that these and other decisions can be independently reviewed by people who were not involved in the original decision.
You have 12 months from when you receive a decision to make an appeal to the Housing Authority.
What you cannot appeal
Decisions that are applied to all customers cannot be appealed such as an increase in rent for all Housing tenants.
Other things you cannot appeal against are:
- Decisions you received more than 12 months ago
- A decision made by the appellant’s department
- Decisions that have been the subject of court action
- Where legal action has been taken or instructed
- It is of general application e.g. method of calculating tenant rents
- A decision made relating to the provision of property amenity
- Decisions that are being or have been considered by the Minister or the State Ombudsman
- Decisions on the purchase or sale of Housing assets, including properties
- Water consumption charges - issues with water consumption will be investigated by Housing Officers when reported
How to appeal?
You can:
- Fill in an appeal form that Housing sends you with the original decision
- Collect an appeal form from your local Housing office
- Download a Housing Appeals form.
Under the Freedom of Information Act you may apply to Housing for copies of documents relating to your case.
It is important you give us any extra information such as medical reports, support letters from other Government agencies or people who are helping you when you lodge your appeal. This is to make sure that all of your concerns are looked at during the appeal hearing.
Tier 1: Internal Review
A Tier 1 appeal is a review by a Housing officer. The Review Officer is a senior staff member who has not been involved in your case before.
Your case will be reviewed to see if:
- All relevant factors have been looked at
- If the decision was reasonable given your circumstances
- If sufficient evidence was available to reach the decision
- Whether the original decision should be overturned
- Whether your case is eligible to be heard by the Regional Appeals Committee.
The Reviewing Officer may contact you to ask for extra information during this process. The Housing Authority aims to notify you of the Tier 1 review outcome within 30 days of your appeal being received by Housing.
Tier 2: Regional Appeals Committee
If an appeal hearing is arranged for you, the Regional Appeal Committee will invite you to attend the hearing so you can discuss your case. The Housing Authority recommends that you bring someone along to help you - this may be a friend, family member or an advocate from a professional support agency who has been helping you with your situation.
The Committee will ask you questions to make sure that all the issues are understood. After hearing your case the Committee will look at all of the facts before reaching a decision.
Timeframe
Housing aims to decide on all appeals within 60 days of your appeal being received.
Where?
The Regional Appeals Committee hearing will be held at a Housing office. If you cannot attend the hearing in person, you may request a telephone conference.
Further action
If you disagree with the outcome of your Tier 2 appeal, Housing will advise you of the most appropriate agencies to contact, which may be:
Appeals Policy
Housing Appeals Mechanism Policy