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Department for Communities and Social Inclusion

South Australian Housing Trust

Appeals policy

The purpose of this policy

Housing SA and Renewal SA develop and administer policies on behalf of the South Australian Housing Trust (SAHT).

SAHT customers have the right to appeal a decision made on behalf of the SAHT that directly affects them. The appeal process and conditions are set in the South Australian Housing Trust Act 1995 and the South Australian Housing Trust Regulations 2010.

Customers can apply for an internal review by the agency that made the decision on behalf of the SAHT. If a customer disagrees with the result of the internal review, they can apply for an independent review by the South Australian Civil and Administrative Tribunal (SACAT).

This policy sets out the circumstances in which a customer can appeal and the process for appealing a decision.

Things that can be appealed

Customers can appeal a decision about:

  • an application for housing or priority housing
  • an application for bond or rent assistance
  • an application for a reduced rent
  • an assessment or decision about their housing need or position
  • a matter covered by their SAHT lease agreement
  • a matter that affects them as a SAHT tenant
  • any other matter defined by the South Australian Housing Trust Act 1995.

Things that can't be appealed

Customers can't appeal all decisions that affect them. Housing SA or Renewal SA may not accept an appeal if the customer makes a complaint about:

  • government or SAHT policy, rather than how a policy has been applied
  • a dispute between neighbours, rather than a decision about how a disruptive complaint has been managed
  • how a staff member has behaved, rather than a decision a staff member has made
  • a matter where another jurisdiction is involved - eg a court
  • any other matter as set out by the South Australian Housing Trust Regulations 2010.

Internal review

Customers who disagree with a decision should first talk to the staff member who made the decision. The staff member will explain why and how they reached the decision.

If the customer still disagrees, they can apply for an internal review by Housing SA or Renewal SA, depending on who made the decision.

During the internal review, Housing SA or Renewal SA will check:

  • the facts of the decision
  • if it was made in line with SAHT policy and any other relevant documents and processes.

The customer will be notified of the outcome within 28 days, except if there are reasonable grounds for delay.

Lodging an appeal with SACAT

If the customer still disagrees with the decision made after an internal review, they can lodge an appeal with SACAT.

Related laws, policies and documents

Controlling documents

This policy is based on and complies with:

Supporting guidelines

  • Housing SA Appeals Framework

Related policies and other documents

  • South Australian Housing Trust Regulations 2010
  • DCSI Freedom of Information Access to Records policy
  • Privacy policy

Date this policy applies from

29 March 2016

Version number

5

The online version of the policy is the approved and current version. There is no guarantee that any printed copies are current.


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State Government of South Australia © Copyright DCSI .

Provided by:
Department for Communities and Social Inclusion
URL:
http://dcsi.sa.gov.au/services/housing-sa/housing-trust-policies/appeals-policy
Last Updated:
28 Oct 2016
Printed on:
21 Aug 2017
The DCSI website is licensed under a Creative Commons Attribution 3.0 Australia Licence. © Copyright 2016