Common questions about appealing

The Housing Appeals Committee (HAC) is an independent committee that hears appeals of decisions made by social housing providers.

You can appeal to us if you are unhappy with the decision from your housing provider if you are:

• a social housing tenant in Homes NSW or a registered Community Housing Provider
• an applicant for housing services.

An appeal is not a complaint

An appeal is different from a complaint. A complaint can include:

• unhappiness with the housing provider
• how you have been treated, or
• a policy.  

An appeal is about the decision of the social housing provider to provide or not provide a service such as:

• housing
• transfer
• priority on the waiting list. 

You can appeal to us after first appealing to your housing provider 

NSW has a 2-level appeal model:

1. The first level review is conducted by at least one person who is senior but separate from the person making the first decision. This level often leads to a change of decision, and you would not need to submit an appeal to us in that case.
2. If there is no change in a decision after the first level review has been completed, then you can appeal to us. 

Issues you can appeal

If you are an applicant for housing

Applicants can lodge an appeal about:

• eligibility to be on waiting lists
• priority on waiting lists
• provision of other services, for example temporary accommodation.

If you are already a tenant

Tenants can lodge an appeal about most issues relating to:

• transfer
• disability modifications to a home
• recognition as a tenant or succession of tenancy
• calculation of rental subsidy
• mild to moderate antisocial behaviour strikes 1 and 2.

You cannot appeal a home maintenance issue

The NSW Civil and Administrative Tribunal (NCAT) deals with issues relating to the Residential Tenancies Act 2010. These issues include home maintenance in rental properties.

We only deal with property modifications relating to disability and special needs. 

Appealing is free

It is free to appeal and you should exercise your appeal rights if you are unhappy with the decision of the housing provider. 

Appeals are informal to make sure you are as comfortable as possible.

Lodging an appeal if your housing provider does not give you an appeal form

Many of our clients prefer to apply online using our Second level Appeal application. It is quick and easy to lodge an appeal.

Lodge your appeal with the following information:

• your contact details
• the name of the housing provider
• the decision you are appealing. 

We can help you if you need an interpreter

We can arrange a professional interpreter for you. Please let us know before your hearing if you need one.

We do not allow relatives of friends to be interpreters.

At the hearing

The Committee

The Committee hearing will have 2 or 3 members and the interview can be in person or by telephone. 

The housing provider will not be at the hearing

The hearing is only for you and the Committee. It is not a court or a mediation process. 

You can have an advocate and support person with you

You can bring an advocate or support person to the hearing. 

You will need to give written permission before the hearing if you want an advocate to speak on your behalf.

After the hearing

The Committee will reach a conclusion by looking at the:

• policy
• evidence on file
• new evidence submitted
• issues raised in the interview.

The Committee will then write a report of their findings and recommendations that will go to you (the appellant) and the housing provider.

The report is generally sent within 2 weeks of the hearing. 

We cannot change the decision of the housing provider

Our powers are recommendatory. We provide detailed analysis and make our recommendations to the housing provider who will make the final decision. Housing providers give serious consideration to issues we raise and accept our recommendations in most cases. 

You cannot appeal the same decision more than once

You can appeal to us about different issues. You cannot appeal the same decision once we finalise the decision at a hearing.

If you are unhappy with the outcome of your appeal to the Housing Appeals Committee

You have the right to raise the issue with:

• the Minister for Housing, or
• other agencies such as the NSW Ombudsman.

We can give you advice on your options.

Helpful links 

Aboriginal Housing Office 

The NSW Aboriginal Housing Office (AHO) has 4 main priorities:

1. Develop a viable Aboriginal housing sector.
2. Increase focus on asset management.
3. Increase access to safe, affordable and culturally appropriate housing.
4. Promote employment opportunities for Aboriginal people within the sector.

Community Legal Centres 

Community Legal Centres NSW are free, independent, non-profit organisations which provide referral, advice and assistance. 

Energy & Water Ombudsman

The Energy & Water Ombudsman gives an independent way of resolving complaints for customers of:

• electricity providers
• gas providers
• water providers.

They often deal with issues affecting tenants of public housing and private rental housing.

Homes NSW

Homes NSW brings together the housing and homelessness services of the:

• Department of Communities and Justice 
• Land and Housing Corporation 
• Aboriginal Housing Office.

Combining these services under Homes NSW creates an efficient and accessible social and affordable housing system for everyone.

NSW Civil & Administrative Tribunal 

The NSW Civil & Administrative Tribunal (NCAT) deals with matters that include: 

• breaches of tenancy agreement
• termination of tenancy
• repairs and maintenance. 

NCAT is an independent, low cost and accessible dispute resolution forum for consumer or tenancy disputes.

NSW Ombudsman Office

The NSW Ombudsman investigates and reports on complaints about the conduct of:

• agencies, or
• employees.

Investigations can focus on government and some non-government agencies.