What is the purpose of the Aboriginal Housing Office (AHO) Administrative Appeals policy?
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.
What is an administrative decision?
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.
Does the policy apply to appeals made by housing clients in relation to tenancy decisions?
No. The policy applies to housing providers only, not tenants.
What decisions 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.
Which decisions are not appealable?
Decisions which are not appealable 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.
When can a housing provider appeal a decision?
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.
What does the housing provider need to do to appeal an AHO decision?
The housing provider should firstly, contact the AHO to discuss the decision and the review process. If the matter is not resolved, the housing provider can lodge a formal appeal by completing and returning a ‘Notice of Appeal’ form to the AHO.
Where can the housing provider get the ‘Notice of Appeal’ form?
How long does the housing provider have to complete and return the ‘Notice of Appeal’ form?
The housing provider has 15 days from when they received the formal advice of the decision.
When will the housing provider know the outcome of the appeal?
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.
Is there any other avenue for appeal if the housing provider is not satisfied with the AHO’s review and decision?
Yes. The housing provider can seek an external review of the decision by lodging it with the Supreme Court of NSW.
Will the AHO lodge the housing provider’s request for the external review?
No. It is the responsibility of the housing provider to seek the external review.