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Rental Housing

Appeals

KEY POINTS

Any concerns you have are dealt with in a fair and open manner.


Virtually any decision you are unhappy with can be appealed.


Decisions that cannot be appealed.

How to have Department decisions reviewed, and what you need to know and do when you move out.

Tier 1: Internal Review

Information on Tier 1

 

The body that considers your appeal.

Timeframe

Timeframe on Appeals


Where the appeal is heard.


If you disagree with the decision of the Appeals Committee.


Download the Appeals Policy in PDF
Why appeal?

The Department of Housing 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:

  • your application for rental housing
  • bond assistance
  • requests for priority housing assistance
  • assessment of tenant liability charges
  • requests to transfer to another rental home

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 Department.

If your appeal relates to a decision about a home loan please contact Keystart on 1300 720 855.

What you cannot appeal

Decisions that are applied to all customers cannot be appealed such as an increase in rent for all Department of Housing tenants.

Other things you cannot appeal against are:

  • Decisions you received more than 12 months ago
  • Decisions where legal action has been taken by the Department of Housing
  • Decisions that are being or have been considered by the Minister or the State Ombudsman
  • Decisions on the purchase or sale of Department assets, including properties.


How to appeal?

You can:

  • Fill in an appeal form that the Department sends you with the original decision
  • collect an appeal form from your local Department of Housing office.
  • Download an appeal form from the Department of Housing website www.housing.wa.gov.au/Files/homes_appeals0902.pdf

The Department can give you a list of welfare and community agencies who can provide independent advice and help you to prepare your appeal.

Under the Freedom of Information Act you may apply to the Department 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

Tier 1 appeal is a review by a Department 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 Department willnotify you of the outcome of the Tier 1 review within 30 days of your appeal being received by the Department.

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 Department recommends
that you bring someone along to help you - this may be a friend, family member or someone 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

The Department aims to decide on all appeals within 60days of your appeal being received.Click here for the Appeals Process Brochure

Where?

The Regional Appeals Committee hearing will be held at a Department of Housing office. If you cant attend the hearing in person, you may request a telephone conference.


Further action

If you disagree with the outcome of your Tier 2 appeal, the Department will advise you of the most appropriate agencies to contact, which may be:

  • The Small Disputes Division of the Magistrate’s Court
  • The State Ombudsman
  • Equal Opportunity Commission brochure
  • Human Rights Commission


Appeals Policy and other related documents

The Appeals Mechanism Manual is currently being reviewed.

Housing Appeals Mechanism Review - Discussion paper, October 2009 (164kB)

For more information on PDF documents, click on the PDF icon to the right.

CONTACT

Housing Services 

99 Plain St, East Perth
(08) 9222 4666
Toll Free: 1800 093 325
TTY (08) 9221 3985


Executive Director
Strategy and Policy:
  Greg Cash

Executive Director
Service Delivery:
Steve Parry

State Manager
Service Delivery:
Suzanne Healy

State Manager
Business Development:
Gil Fijac