DISCRETIONARY DECISION MAKING POLICY

PREAMBLE
There are a number of situations in the management of public housing where the applicant or tenant’s circumstances fall outside existing policy and guidelines and a decision made solely within current policy could result in inequitable treatment of the customer. When such non standard situations arise, Department of Housing reserves the right to use discretion to make a decision regarding a customer, which may vary, modify or fall outside existing policy and guidelines.

Where it is noted that a particular non-standard situation is being experienced with increasing frequency, Department of Housing will develop policy and guidelines to deal with the situation.

POLICY GUIDELINES and PRACTICES

Information to the police
1 Department of Housing reserves the right to use discretion in decision making relating to the situation of a customer, where that person’s circumstances are not covered by existing policy.

1.1 Any decision using discretion must take into account:

  • The situation of the customer
  • The potential impact upon Department of Housing in relation to setting of precedents, ministerial correspondence, appeals etc.

Officers with Discretionary Authority
2 Discretion in decision making can only be used by:

  • The Minister for Housing
  • Director General
  • General Manager
  • Executive Director Rental Services
  • Manager Rental Operations
  • Regional Manager
  • Assistant Regional Manager
  • Manager Rental Services
  • Manager Bond Assistance
  • Manager Customer Services
  • Manager Maintenance
  • Manager Property Maintenance
  • Area Manager
  • Administration Officer

  

POLICY GUIDELINES and PRACTICES

Documentation/Recording of a Discretionary Decision
3 Any decision made using discretion by a Department of Housing officer, must be clearly documented as having been made using discretion, the reasons why existing policy was not applicable and the signature and position of the officer having made the decision.

  

Appeal of a Discretionary Decision
4 A discretionary decision made by a Department of Housing officer other than a member of Executive, is appealable through the Department of Housing Appeals Mechanism.

4.1 See Section 11 RENTAL POLICY – Department of Housing Appeals Mechanism.

5 A decision made by the Minister for Housing is not appealable through the Department of Housing Appeals Mechanism.

6 The second tier of the Department of Housing Appeals Mechanism cannot make a discretionary decision unless an authorised officer is present.

  

Officers without Discretionary Authority
7 Officers without authority to make a discretionary decision and faced with a situation in which such a decision is required, must bring it to the attention of an authorised officer as soon as possible and are responsible for conveying the outcome to the customer immediately.

Seniors
8. Department of Housing acknowledges the individual needs of seniors aged 75 years and over. Managers are to make common sense decisions when dealing with elderly people, which in some instances may mean use of discretionary decision making powers Similarly, in recognition of the reduced life expectancy of Aboriginal people, Aboriginal people over 55 years of age will be given the same consideration.

7.1 Where a delay is necessary due to the absence of an authorised officer, this must be explained to the customer and arrangements made to convey the outcome to the customer. e.g. Telephone, pre arranged interview etc. Seniors