1. NSW Community Housing
CONFERENCE 2006

2. What has been happening with appeals from clients of community housing?
2005/2006 Community Housing Appeals
20 appeals or 5% of total appeals received by the HAC
All were from Sydney metropolitan housing associations
75% were from the larger housing associations

3. What have clients appealed about in 2005/06?
In order of priority:
30% Transfer/rehousing
25% Rental subsidy
15% Priority housing/eligibility on points system
15% Eligibility issues - general
10% Offers of accommodation
5% Tenant charges

4. Appeal Results 2005/06 Of the 21 appeals received: RESULTS OUTCOME
10 appeals proceeded to hearing
RESULTS
7 – HAC agreed with housing provider decision
2 – HAC recommended a change of decision
1 – HAC adjourned, not yet finalised
OUTCOME
Of the 2 recommended appeals, both agreed by housing provider

5. Appeal Results 2005/06 11 Appeals did not proceed to a hearing
2 withdrawn by client
4 resolved / approved by housing provider prior to hearing
3 internal review required
2 not appealable issues

6. Comparison with recent years
Appeals Received
2004/2005
17 appeals -3% of total appeals received by the HAC
2003/2004
3 Appeals – 1% of total appeals received by the HAC

7. Why are there relatively few appeals?
Options:
Community housing does a great job and no-one is unhappy with decisions made by their housing provider!
Clients are not aware they can appeal a decision of their housing provider.
Clients are exhausted by the first level/ internal appeals process (especially if there are 2 levels internally).
It is not clear to clients when a decision has been made by the housing provider and what the decision is or means in reality.
Staff are nervous about appeals and discourage clients from appealing decisions as they are worried that OCH, their board or their managers will consider appeals a sign of failure.

8. Why are there relatively few appeals? cont.
Community housing providers avoid giving people negative decisions against which they can appeal
Clients feel that appealing may lead to them being considered ‘bad tenants’ or reduce their chance of assistance in the future.
Clients are aware that providers have considerable stock limitations so on some matters, such as transfer, they are easily ‘fobbed off’.
Appeal rights may be limited in housing provider policies
All or many of the above!?

9. What are the main issues coming out of the appeals process?
POLICY
Internal appeals policy and processes can be quite underdeveloped or over-cumbersome
Policies are often not clear, are too general and criteria are not always consistent – making it hard to understand and review the decision against policy
DECISION MAKING PROCESS
Decisions can be unclear and written reasons for decision on file can be very sketchy
File documentation is often quite poor with file papers jumbled, no file notes, no documentation of what was considered in the process of making a decision.
There is confusion over the definitions of appeals and complaints, and appeal matters seem to sometimes be dealt with as complaints
The use of group or committee decision making can mean no documentation and no transparency of process/ criteria applied.

10. Good Decision Making Training
Summary of Program:
Concepts of procedural fairness, natural justice and administrative law
Discretionary powers in the decision making process
Internal Review best practice
Links between policy and decision making - how appeals can lead to improved policy and procedures for the organisation
The difference between a complaint and an appeal
Information on the HAC
Decisions that can be appealed to the HAC
Jurisdiction of the HAC and other tribunals
Case studies

11. Good Decision Making Is training worth doing?
Feedback from participants
“We received such good ideas from your presentation and also to know the support we can receive when revising our policies and procedures.”
“..A succinct overview of decision making, appeals process and the importance of providing a quality service to applicants and tenants.”
“As community housing associations are often small, it is easy to fall into certain habits when making decisions. Attending this training disrupts these habits.”
The training is an eye opener for new staff and provides a fresh overview of the appeals process….gives the management something to take back to improve the internal appeals process.”

12. Next GDM Training Day at the HAC: Register at hac@housing.nsw.gov.au
Good Decision Making
Is training worth doing? cont.
“At this time in our work towards Registration a clear understanding of decision making and the HAC is most useful for me to pass onto my fellow workers. There was also the opportunity to network.”
“I found the whole day of interest and all areas covered very useful and relevant. I will most definitely put changes in place when I get back to the office. It’s great to know you are able to assist in reviewing our policies and procedures.”
“Easy to follow and practical. Good suggestions on how to deal with appeals and encourage clients to participate in the appeals process.”
Next GDM Training Day at the HAC:
November 22, 2006
Register at

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