HOMESWEST APPEALS MECHANISM

Timeline for appeal 1. A Homeswest customer has the right to appeal an unfavourable decision related to public rental housing, bond assistance and home loans, within twelve months of the decision being made.	1.1 A decision made more than a year ago will be reviewed and may proceed through the appeals process, at the discretion of the Regional Manager.
Ineligible decisions 2. A decision may not be appealed: which has been or is being considered by the State Ombudsman or the Minister for Housing; or where legal action is being or has been taken; or which is of general application e.g.. decision to increase all Homeswest rents; or Disposition of Homeswest assets, including property. Which relates to the ending of a fixed term lease.	2.1 A review will not be made of a decision to evict after the Notice of Termination is issued, or in the case of legal recovery of a loan, after the Default, Annulment or Determination Notice is issued; 2.2 A decision of general application can be appealed, as it applies to an individual customer e.g.. A customer may appeal the assessment of his/her rental increase..

Review factors

3. An unfavourable decision will be reassessed on the following

basis:

(I) What are the facts of the case?

(ii) What policy was applied?

(iii) Was the policy relevant?

(iv) Was policy correctly applied to the facts?

(v) Was the customer situation given comprehensive consideration?

(vi) Was Homeswest discretion fairly exercised, having regard to the facts of the case and policy?

3.1 These factors will be considered by reviewers at each tier of the appeal process;

Unwritten decisions

4. A customer receiving an unfavourable decision in response to an informal enquiry will be advised of his/her appeal rights.

4.1 A counter or telephone customer will be given a full and clear explanation of the reasons in relation to policy for any unfavourable decision and be advised that he/she may receive a written decision and review by an independent officer;

4.2 A customer wishing a review may request an opportunity to present his/her case to the reviewer, otherwise the review will conducted without representation by or on behalf of the customer;

4.3 A customer seeking a written review will be advised of the outcome within seven days of the request.

4.4 Reinstatement of applications – see 7 to 7.2 WAITING LIST MANAGEMENT POLICY.

Tier 1

5. Before a written unfavourable decision is provided to a customer, the decision must be reviewed.

5.1 Where there has been an unfavourable decision made by an officer the Regional/Branch Manager will appoint an officer to review and assess the original decision. The reviewing officer will be an officer of equal or higher level then the original decision-maker.

Wherever possible, the reviewer will be an officer at a higher level than the original decision-maker. Tenant liability charges incurred by customers whilst in occupation of a property will also be reviewed in the same manner.

5.2. Following the automatic written TIER 1 DECISION REVIEW, the customer will be provided with a copy of the Decision Review Form detailing the reasons for the unfavourable decision, the names and contact telephone numbers of the officers involved in the review, a copy of the relevant policy and information about the appeal process i.e.. an appeal information brochure, an appeal application form and a list of local advocacy agencies.

5.3 Reinstatement of applications – see WAITING LIST MANAGEMENT POLICY 7 to 7.2.

Tier 2

6. A customer dissatisfied with the outcome of the TIER 1 DECISION REVIEW has the right to apply for a hearing by an appeals committee, by making a written appeal against the unfavourable decision.

6.1 Should a customer lodge a written appeal before an unfavourable decision has been formally reviewed, the Tier 1 Decision Review Form will be completed. If the unfavourable decision is confirmed, the appeal process will continue with arrangements for a hearing. In the event, the review overturns the unfavourable decision, the customer will be advised of the favourable decision and the appeal considered withdrawn (resolved);

6.2 Executive decisions

An unfavourable decision made by Homeswest Executive may be appealable. However, where a Tier 2 committee is considering upholding such an appeal and the manner is of a sensitive or contentious nature, the appeal should be adjourned and the Chairperson of the committee should bring the concerns to the Regional manager to present to the Executive Director, prior to making their decisions.

Example:

An appeal to be re-housed by an ex-tenant evicted by Homeswest with a history of antisocial behaviour, which has involved neighbourhood disruption and media attention.

6.3 Tier 2 Committee

A TIER 2 APPEALS COMMITTEE will be maintained in each Homeswest region of the State. Usually to facilitate attendance, an appeal will be heard by the Appeals Committee, located nearest to the home of the appellant. Exceptions to this general rule are hearings in the metropolitan area and appeals against decline of priority and priority transfer, which will be heard by the Appeals Committee in the region where the customer wishes to live;

6.4 Where a Regional Appeals Committee is not located within easy travelling distance of the appellant, arrangements will be made for a hearing by conference telephone. An appellant may request a hearing by telephone or that the hearing be held at a neutral location;

6.5 Tier 2 hearing arrangements

The appellant will be notified of arrangements for the hearing in writing and encouraged to attend to explain his/her case, accompanied by a friend, relative, witness and/or advocate. Where the appellant nominates an advocate a minimum of 2 weeks notice of the Regional Appeals Committee hearing date will be given to the appellant and advocate.

6.6 An interpreter will be provided for an appellant requesting this service;

6.7 If the appellant fails to keep the hearing appointment without timely and adequate reason, the Committee may make its decision based on the documentation; a request for a re-hearing is at the discretion of the Regional Manager;

6.8 The appellant will be advised of the Appeals Committee decision in writing, within one month of lodging the appeal application. If the Tier 2 decision is unfavourable, information will be forwarded with the Appeals Committee Decision Form about proceeding with the appeal.

Referral to Local Court

Customers with an appeal about debt or occupied maintenance covered by the Residential Tenancies Act 1987, Section 42, and are not eligible to proceed to Tier 3. And will be referred to the State Ombudsman and the Small Disputes Division of the Local Court; information to assist with taking legal action will be provided e.g. The Department of Consumer & Employment Protection Tenancy Note: Settling Disputes in Court pamphlet.

Composition of Appeals Committee

7. A TIER 2 APPEALS COMMITTEE will comprise a senior Homeswest officer not involved in the original decision-making and an independent community representative.

7.1 Homeswest representative on the Appeals Committee will be an officer appointed by the Regional/Branch Manager to hear appeals against decisions made by officers at the level of the Tier 1 reviewer and, wherever possible, will be a senior level to the reviewer;

7.2 The independent community member will be one of a pool of community representatives appointed by the Regional/Branch Manager in consultation with local community agencies representative of Homeswest customer base. Members will be selected on the basis of demonstrated qualifications, experience, knowledge, skills and abilities and/or interest in the fields of community welfare, public housing and/or cultural and Aboriginal affairs;

7.3 An Appeals Committee member must ensure he/she is able to hear an appeal without bias and disqualify him/herself from considering an appeal, if he/she has knowledge of the appellant or appellant family which might be considered prejudicial to a fair hearing;
7.4 An Appeals Committee may adjourn its sitting to obtain additional information.
7.5 In the case of a Regional Appeals Committee upholding a customer’s appeal the officers who were involved in the unfavourable tier 1 decision review will be advised in writing of the Regional Appeals Committee decision that upholds the customers appeal.

Authority of Tier 2 Committee

8. The two members of the Appeals Committee will have equal powers and their favourable decision will be binding upon Homeswest.

8.1 Every effort will be made to ensure that the Committee comprises a male and female member. When this is not possible, an appellant of the opposite gender to the members is to be offered the opportunity of a rescheduled hearing. It is essential that a female member hears an appeal involving domestic violence;

8.2 Failure to agree a decision

Should the two Committee members fail to agree a decision, the reasons for the disagreement are to be recorded; and:

(i) Appeals involving charges for tenant liability items if the item or items under dispute amount to $50 or less, the sum will be waived;

If the item or items under dispute amount to more than $50, another Committee will be convened to consider the disputed item/s and the appellant encouraged to attend the second hearing;
In the event the second Committee fails to reach a unanimous decision, the reasons for the disagreement are to be recorded and the disputed amount of the item/s waived.

(ii) Other Appeal Categories

a new Committee will be convened;
Should the second Committee fail to agree, the appeal will considered upheld in favour of the appellant.

9. An appellant or advocate may challenge the right of a panel member to hear an appeal, if they have a perception regarding the member’s ability to remain impartial. In such circumstances the Panel member will be excluded from hearing the appeal	9.1 Where the appellant wished to maintain privacy and the panel member is known to them personally. 9.2 Where the panel member represents an organisation that has contact with the appellant, regarding the substance of their appeal. 9.3 Where the appellant believes that the member may be antagonistic towards them or their situation. 9.4 Where a challenge reduces the number of panel members below the minimum required, the appeal will be adjourned to the next sitting and a suitable replacement found.
People Receiving Payment from Homeswest 10. Tier 2 members will have no other direct involvement Homeswest, which results in remuneration of services, to or on behalf of, Homeswest.	10.1 Example: Member of Homeswest Board of Commissioners. Members of agencies, where the agency and not the individual receive payment are not excluded. Example: Shelter WA, SHAP.
Tier 3 11. A customer dissatisfied with the outcome from the Tier 2 Appeals Committee may appeal to the TIER 3 PUBLIC HOUSING REVIEW PANEL, within 60 days of receiving the unfavourable decision.	11.1 An appeal to the PUBLIC HOUSING REVIEW PANEL must be in writing; 11.2 The Panel will only review appeals which have been considered by a Tier 2 Appeals Committee; 11.3 An appeal decided more than 60 days ago by an Appeals Committee may be reviewed, at the discretion of the Panel. The appeal application will be submitted to the next Panel sitting for a decision by the residing chairperson. 11.4 An appellant may request an opportunity to explain his/her case but a hearing is at the discretion of the Panel.

	11.5 Executive Decision: Where the Tier 3 panel considers that upholding an appeal, which has been subject to Executive decision, the panel should adjourn for the Chairperson to present the case to the Executive Director, prior to making a decision.
Ineligible Tier 3 Appeals 12. Decisions regarding: Debt Occupied Maintenance, covered by Section 42 of the Residential Tenancies Act are ineligible for a review at Tier 3.	12.1 Appellants with an ineligible appeal will be referred to an alternative avenue of appeal e.g.. the State Ombudsman, the Small Disputes Division of the Local Court.
Composition of Tier 3 Panel 13. The Tier 3 Public Housing Review Panel will comprise three independent community representatives with equal decision making powers.	13.1 A pool of community representatives will be appointed by the State Minister for Housing and their selection will be based on demonstrated qualifications, experience, knowledge, skills and abilities and/or interest in the fields of community welfare, public housing and/or aboriginal and cultural affairs. 13.2 The Panel will make its own procedures; 13.3 At the discretion of the Panel, one member may review an appeal and make a determination on behalf of the Panel. 13.4 In the event three sitting members fail to reach a unanimous determination, the majority decision will prevail. The dissenting member may record the reasons for his/her decision.
Authority of the Panel 14 The determination of the Panel is binding on Homeswest.	14.1 The Panel will consider the documentation about an appeal and may adjourn for additional written information or to hear from the appellant and/or Homeswest.

14.2 The determination of the Panel will be provided to the appellant in writing, within one month of the review request. An appellant receiving an unfavourable determination will be referred to the State Ombudsman, as a means of pursuing an investigation of the decision.

14.3 The Panel will consider appeals and make determinations within the framework of existing policy. However, the Panel may make recommendations about policy to Homeswest Executive Director and/or the Minister for Housing e.g. the Panel may report on matters where application of policy causes an unintended result, which disadvantages a customer.

Tier 2 Appeals Committee community representatives may make recommendations regarding policy to the Tier 3 Public Housing Review Panel and/or to Homeswest.

Where the Panel upholds a customer’s appeal the Appeals Coordinator will advise the Regional Appeals Committee members in writing of the upheld appeal and provide background to the Panel’s decision.

Record Keeping

15. A permanent record of appeals will be kept.

15.1 Documentation about individual appeals will be maintained on the customer’s personal file or work file.

15.2 Monthly statistics will be maintained in each region by an Appeals Officer appointed by the Regional/Branch Manager, and forwarded by the fifth working day after the end of the month to the Appeals Coordinator for collation.
15.3 Appeal applications and outcomes will be monitored on a regional basis and any trends e.g.. Impact of policy change or variation in local conditions recorded on a quarterly basis in the Rental Operations Quarterly Report.
15.4 Where the Panel identifies a policy or polices that have negative consequences for customers it will advise the Department through the State Manager Rental Services. The Panel will also make recommendations for policy changes where it considers existing policy is either deficient or ambiguous.