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

• [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 DCJ Housing.

• [2] Community Housing Providers and DCJ Housing use different terminology to describe the policy associated with the transfer of a tenancy to another eligible household member. See Succession of Tenancy and Recognition as a Tenant.

• [3] Housing provider type marked with SHMT refers to Social Housing Management Transfer Community Housing Providers. SHMT Community Housing Providers are contracted to deliver private rental products and services in accordance with relevant Housing Pathways policies, procedures and guidelines.

Social Housing 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 DCJ Housing 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

Rental Subsidy (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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