Appealable Issues

Note: Time limits for the lodgement of an appeal differ. For more information contact the Housing Appeals Committee Secretariat on 1800 629 794.

Scope of Appealable Decisions by Housing Provider Type 1

Appealable DecisionsHousing Provider Type
Social Housing Provider EligibilityPublic Housing/Community Housing (HP)
Housing EntitlementsPublic Housing/Community Housing
Priority Housing EligibilityPublic Housing/Community Housing (HP)
Eligibility for Emergency Temporary AccommodationPublic Housing only
Private Rental Subsidy - PRSPublic Housing only
Succession of Tenancy 2Community Housing only
Recognition as a TenantPublic Housing only
MinorsPublic Housing/Community Housing (HP)
Housing Assistance for ElderlyPublic Housing/Community Housing (HP)
Offers of a PropertyPublic Housing/Community Housing (HP)
Rentstart Bond LoansPublic Housing only
TransferPublic Housing/Community Housing (HP)
Relocating tenants for management purposesPublic Housing/Community Housing
Rental Subsidy (Charging rent)Public Housing/Community Housing
Modification to propertyPublic Housing/Community Housing
Mutual ExchangePublic Housing only
Absence from DwellingPublic Housing/Community Housing
Length of LeasePublic Housing only
Tenant ChargesPublic Housing/Community Housing
Offers of a Property - transferPublic Housing/Community Housing
HeadleasingPublic Housing/Community Housing
Joint TenanciesPublic Housing/Community Housing
AboriginalityPublic Housing/Community Housing (HP)
Categorising a tenancyPublic Housing only
Antisocial BehaviourPublic Housing only/Community Housing (HP)
Water ChargesCommunity Housing only
  • [1] Housing provider type marked with HP refers to Housing Pathways; the multi-provider access system for housing assistance. Public housing refers to services provided by FACS Housing Services.

Social Housing Provider Eligibility

  • Eligibility for social housing
  • Removal from the social housing register
  • Reactivation of a closed application
  • Eligibility of people classified as unsatisfactory or ineligible former tenants

Housing Entitlement

  • Type and size of dwelling
  • Modifications or special features of dwelling needed for medical needs
  • Assessment of bedroom entitlements when a Vacant Bedroom Charge is applied. Clients cannot appeal the decision to apply the vacant bedroom charge. (Public Housing only)

Priority Housing Eligibility

  • Eligibility for priority housing
  • Locational need

Eligibility for Emergency Temporary Accommodation

  • Eligibility for assistance (Public Housing only)

Private Rental Subsidy Assistance

  • Ending or tapering Private Rental Subsidy assistance following an individual or scheduled review
  • Ending assistance due to refusal of an offer
  • Review of whether the offer was a reasonable rejection and the subsidy should be reinstated.

Succession of Tenancy

  • Eligibility to be granted succession of tenancy

Recognition as a tenant

  • Eligibility for Recognition as a tenant
  • Eligibility for a provisional lease

Minors

  • Eligibility for a minor to be listed on the FACS Housing Services register

Housing Assistance for Elderly

  • Eligibility for housing assistance to an elderly client
  • Eligibility for special consideration as an Aboriginal elderly client

Matching and Offering a Property

  • Whether an offer is considered 'reasonable' (eg. type, location, size)
  • Removal of the applicant from the housing register for refusal of offers
  • Reasonableness of offers made when a Vacant Bedroom Charge is applied

Rentstart Bond Loans

  • Eligibility for Rentstart assistance, including Temporary Accommodation, Tenancy Assistance, Rentstart Move, Advance Rent and Rentstart Bond Loan
  • 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.
  • Decisions 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

Transfer

  • Eligibility for transfer
  • Eligibility for priority transfer / Category of transfer approval granted
  • Transfer - locational need
  • Eligibility for tenancy reinstatement

Relocating Tenants for Management Purposes

  • Notice of Intent under Section 149 of the Residential Tenancies Act 2010 that the social housing provider intends to issue a Notice of Termination where a tenant has been offered alternative social housing premises

Charging rent

  • Calculation of rent subsidies
  • Cancellation of rent subsidies
  • Eligibility for a rent subsidy

Modification to property

  • Need for modifications for disability/medical reasons only

Mutual Exchange

  • Eligibility for Mutual Exchange

Absence from Dwelling

  • Request for absence from dwelling
  • Decisions in relation to rent calculated during absence from dwelling

Length of Lease

  • Type and length of lease offered when entering public housing
  • Type and length of lease offered after a lease extension
  • 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

Tenant Charges

  • Charges at vacation of dwelling where not covered by the NCAT orders

Offers of a Property - transfer

  • Whether 'reasonable' offers are made and an offer counted for purpose of offers policy
  • Offers made to tenants under relocation of a tenant for management purposes.

Joint Tenancies

  • Eligibility for joint tenancy

Aboriginality

  • Confirmation of Aboriginality

Categorising a tenancy

  • Former tenant category
  • Eligibility for Statement of Satisfactory Tenancy

Antisocial Behaviour (ASB)

  • ASB 1st and 2nd strike notices

Water Charges

  • Grant of a water usage allowance as per policy
  • Method of calculation of water charges
  • *HAC cannot hear appeals on actual water usage charges for tenants with separate meters

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