About administrative appeals

The Administrative Appeals Policy explains the process by which a housing provider can appeal an administrative decision made by the AHO and how the AHO will deal with the appeal.

An administrative decision is a decision the AHO makes in relation to regulation of housing providers and as a funding agency. This includes decisions on registration, resource allocation and funding.

A housing provider can request an appeal if they believe:

• inadequate consideration was given to their individual circumstances
• the decision was made contrary to AHO policy and/or guidelines
• the decision involved a poor interpretation of policy and/or guidelines
• the procedure used to reach the decision was not fair and accurate.

Who the policy applies to

The administrative appeals policy applies to housing providers. It does not apply to tenants.

Decisions that can be appealed

Decisions that can be appealed include:

• registration (i.e. whether to register, cancel a registration or not register a housing provider)
• resource allocation (i.e. whether to allocate properties or to provide funding or any other programs the AHO may initiate)
• funding (i.e. whether to withdraw or not renew funding if/where):
  • a housing provider does not comply with the terms and conditions as outlined in a contractual agreement
  • government priorities have changed
  • there is no longer an identifiable need for services in the geographical area where the housing provider operates.

Decisions that cannot be appealed

Decisions that cannot be appealed include:

• the number of properties allocated to a housing provider in a specific location
• accepting or rejecting late applications that are more than three months old
• decisions that are not directly related to the housing provider that is appealing
• open tenders that follow the NSW Government Procurement Guidelines
• matters that have already been dealt with through the appeals process.

How to appeal an AHO decision

Once you have received the decision, you have 15 days to appeal.

1. Contact the AHO to discuss the decision and the review process. 
2. If the matter is not resolved, lodge a formal appeal by completing and returning the Notice of Appeal form.

The AHO will inform the housing provider, in writing, of the outcome of the appeal and the option for further review within 20 working days from the date the AHO receives the housing provider’s ‘Notice of Appeal’ form. 

The housing provider can seek an external review of the decision by lodging it with the Supreme Court of NSW.