1. Background
As an agency of the New South Wales Government, the Department of Family and Community Services - Housing NSW has a duty to:
- Efficiently and effectively implement the policies of the NSW Government, and
- Obtain good value for money and make the best use of public resources and property, and
- Comply with all proper instructions and directions and act in accordance with the spirit and the requirements of the law, and
- Maintain clear and sufficient documents to support decisions, and
- Not allow any official information to be misused, and
- Provide accurate, timely, honest and balanced advice as well as seeking to resolve ethical dilemmas.
Housing NSW respects the right of its clients to complain, or provide compliments or suggestions about the service they receive. In a range of circumstances, clients can appeal Housing NSW decisions that affect their entitlements.
The intent of this policy is to explain:
- The standards of behaviour expected of Housing NSW staff and its clients.
- How a client can provide feedback on the services they receive.
- How a client can appeal a Housing NSW decision.
The Client Service Delivery and Appeals Policy Supplement provides further information to support this document.
2. Scope
This policy applies to all clients of Housing NSW, including applicants for housing assistance seeking services from Housing NSW, or tenancies managed by Housing NSW, including tenants of the Aboriginal Housing Office.
3. Policy statement
All staff of Housing NSW, including consultants and contractors, have a duty to abide by the Code of Conduct, no matter what position they hold. Where conduct falls short of Housing NSW standards, it will be corrected.
Housing NSW expects that its clients will treat its staff with courtesy.
Clients are encouraged to speak with a Housing NSW staff member or call 1300 HOUSING (1300 468 746) about any aspect of its services, the housing it provides or the decisions it makes.
Suggestions or complaints will be directed to the section of Housing NSW that is responsible for responding to the issue. Feedback from clients allows Housing NSW to monitor its performance and effectiveness and make changes or improvements where necessary.
A client can also appeal a Housing NSW decision if they believe an incorrect decision was made because:
- Inadequate consideration was given to their individual circumstances, or
- The decision was made contrary to Housing NSW policy, or
- The decision involved a poor interpretation of policy, or
- The procedure used to reach the decision was not fair and correct.
Providing information about Housing NSW services
Information about Housing NSW services is freely available to all. For information about services, clients can:
- Contact Housing NSW on 1300 HOUSING (1300 468 746), or
- Contact their local Housing NSW office, or
- Access the Housing NSW website www.housing.nsw.gov.au to view policies, fact sheets and other publications.
Housing NSW also provides a range of qualified language services to ensure that all clients across the State have equal access to housing services and information. Housing NSW provides these services at no cost to the client.
The types of services available to clients from culturally and linguistically diverse backgrounds (CALD) include:
- Telephone Translating and Interpreting Service (TIS)
- On site interpreters
- Sign language (AUSLAN) interpreters
- Telephone National Relay Service (NRS) for the hearing and speech impaired
- Accredited bilingual staff to assist with brief client enquiries
- Translation of client supporting documentation
- Publications about Housing NSW's services translated into major community languages.
The way Housing NSW treats its clients
In dealing with clients, Housing NSW employees are required to:
- Ensure services are fair, accessible to all clients and appropriate to their needs, and
- Act with courtesy, promptness, efficiency and impartiality, and
- Give information and advice honestly, clearly and simply, and
- Ensure that clients receive their full entitlements, and
- Maintain confidentiality and privacy of information, and
- Offer the best service possible in light of available resources, and
- Respect individual differences, and
- Provide referrals to support services, if required.
Housing NSW aims to:
- Make fair decisions that are open to scrutiny, and
- Provide clear and accurate advice about decisions, and
- Provide information about the reason for decisions, and
- Advise clients of decisions within a reasonable timeframe.
The way Housing NSW expects its staff to be treated
Housing NSW expects clients to treat employees with courtesy. Housing NSW has a responsibility to work supportively with clients who are facing difficulties and who may be experiencing stress.
However, Housing NSW does not view abuse, threats, intimidation or harassment of its employees by clients as part of the job. This type of difficult client behaviour will not be condoned or tolerated.
Difficult client behaviour encompasses a range of things from less harmful behaviour, such as agitation and vulgarity, to serious aggression and violence. Staff are required to manage this range of behaviour. Firm and fair communication and action is required for less harmful behaviour. Restriction or suspension of housing services, or action under the Residential Tenancies Act 2010, may be imposed for serious client behaviour.
Housing NSW will record all incidents of serious and inappropriate behaviour on the client’s file. This may include things such as:
- Observations of serious and inappropriate client behaviour
- Staff reports of serious and inappropriate client behaviour
- Witness statements
- Police reports
Where the client has demonstrated that they have modified their behaviour, Housing NSW will update their file.
Following serious and inappropriate incidents, Housing NSW will advise clients in writing that it will not tolerate such behaviour. Housing NSW will also advise the client of the consequences of repeated or persistent aggression.
If a client continues to be threatening or abusive, Housing NSW will ask the client to attend an office interview with a more senior member of Housing NSW staff so that the client can give a reassurance that they will modify their behaviour. Housing NSW may suggest that the client bring an advocate to the interview. The advocate may assist the client to discuss the situation in a way that avoids a recurrence of the aggressive behaviour. In cases of persistent aggression, the client may be advised that they will be dealt with only by phone until they can demonstrate that they have modified their behaviour.
In cases of more serious and inappropriate behaviour by a tenant towards a staff member, for example, physical violence or intimidation, Housing NSW may ask the Consumer, Trader and Tenancy Tribunal for an order of immediate possession under Sections 90 of the Residential Tenancies Act 2010.
Housing NSW, or a community housing provider participating in the common access system, may make an applicants or members of their household ineligible for social housing, or other housing related services such as Rentstart, if at any time they:
- Seriously threaten or abuse social housing staff (including staff of Housing NSW or community housing providers), or
- Intentionally engage in conduct that objectively causes social housing staff to feel intimidated or harassed.
Social housing staff will warn an individual that they are not bound to consider the client’s application should the behaviour continue. The housing provider must be satisfied that the behaviour will not be repeated before making any decision about the client’s eligibility.
Making complaints and comments or asking for a review of a decision (appeal)
All clients of Housing NSW have access to its client feedback and appeals systems. However, in relation to housing assistance managed under Housing Pathways, social housing providers are responsible for managing complaints about service delivery and reviews of their own decisions regarding eligibility, priority and entitlement for social housing, and offers of accommodation. Community housing providers do not review decisions about private rental assistance. Community housing providers are required to facilitate/support access to these products, while delivery and any associated appeals for private rental assistance will remain the responsibility Housing NSW.
For further information on community housing related complaints, issues or appeals, go to Community Housing Complaints, Issues and Appeals Management Framework.
Client feedback
All clients of Housing NSW have the right to offer feedback about the services that Housing NSW provides. Feedback is usually in the form of suggestions, compliments or complaints, and can be provided in writing or over the telephone. Clients can contact Housing NSW’s Client Feedback Unit on 1300 Housing (1300 468 746), or they may choose to provide feedback through another source, for example:
- Their local Member of Parliament
- The Minister for Housing
- The NSW Ombudsman
- Tenants Advice and Advocacy Services
- The Privacy Commissioner.
Housing NSW will respond promptly to complaints. In general, Housing NSW will acknowledge, investigate and respond to all complaints within 15 working days. However, any complaint that is made about a privacy issue will be completed within 60 days.
If the complaint is about a member of staff, it will be investigated by a more senior officer than the person being complained about. The identity of the person making the complaint will be kept confidential.
Housing NSW will not treat people differently because they have made a comment or complaint.
Clients will be kept informed about the progress of their complaint and will be advised of the outcome in writing.
Appeals
The objective of the appeals process is to ensure that:
- There is a fair mechanism for decisions to be reviewed if those decisions cannot be considered by other bodies, such as the Consumer, Trader and Tenancy Tribunal, and
- The correct decision has been made in each individual case under review.
There are two levels of appeals:
- First tier appeals, and
- Second tier appeals.
First tier appeals – internal review by Housing NSW
Many decisions made by Housing NSW can be appealed. In most cases, clients must lodge an appeal within three months of the original decision being made. However, these timeframes may vary, depending on the situation. For more information on decisions that can be appealed, go to Matters that are appealable and Matters that are not appealable. For more information on appeal timeframes, go to Timeframe in which to lodge an appeal.
Generally, first tier appeals are decided within 20 working days from the date Housing NSW receives a client’s application for review. Housing NSW will give priority to certain types of appeals. If an appeal is not resolved within the relevant timeframe, Housing NSW will write to the client and advise them of the reasons for the delay and the expected timeframe for completion. For more information on the timeframes in which Housing NSW will consider appeals, go to Timeframe for consideration of appeals.
The internal review will be conducted by a Housing NSW officer who was not involved in making the original decision. The recommendations of that officer will then be considered by a more senior member of staff, who will make the actual decision on the first tier appeal.
If it appears that a client’s appeal will be declined, they will be offered a phone or face to face interview before the review is completed. This will give them an opportunity to explain the reasons they think the decision should be changed, to understand Housing NSW’s decision making process and to provide any relevant, further information.
When reviewing the original decision, the appeals officer will consider matters such as:
- Was the original decision consistent with Housing NSW policy?
- Was the policy narrowly or harshly interpreted?
- Do the client’s circumstances indicate that the decision was inappropriate?
- Were the client’s circumstances and all relevant information fairly and properly considered?
- Was there any bias or prejudice involved on the part of the original decision maker?
- Did any irrelevant information affect the decision?
- Whether the original decision was made within the applicable legal framework.
- Whether any new, relevant information is available.
In reviewing a decision, Housing NSW relies on the following:
- Information provided by the client or their support services at the time of the original decision, for example, any medical reports.
- Any relevant additional information supplied after the original decision was made, for example, relevant additional expenses and information provided at interview during the review process.
- Information obtained from discussions or an interview with the client or any of their support workers.
- Information held by Housing NSW in its application or tenancy management records.
- Any other relevant information.
Housing NSW will inform the client of the appeal decision in writing. The outcome of the appeal will be any of the following:
- The original decision is reversed and a new decision is substituted in its place.
- The original decision is maintained.
- The original decision is changed in part.
- The appeal is withdrawn by the client.
- An alternative solution is found.
If a client’s first tier appeal is unsuccessful, that is, the original decision is maintained, Housing NSW will also advise a client of their right to appeal to the Housing Appeals Committee.
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Appeals under Sections 145 and 149 Residential Tenancies Act 2010
Appeals under Section 145 of the Residential Tenancies Act 2010 relate to Housing NSW’s decision that a tenant is no longer eligible to continue residing in the social housing property. For more information, see the During a Tenancy Policy.
Appeals under Section 149 of the Residential Tenancies Act 2010 relate to Housing NSW’s decision to issue a Notice of Intent to Issue a Notice of Termination when it has offered alternative social housing to a tenant and the tenant has refused all reasonable offers of accommodation. For more information, see the Changing a Tenancy Policy.
A staff member in a management position will conduct these appeals under the Section 145 Ministerial Guidelines and Procedures, and the Residential Tenancies Act 2010. In all cases of requests for review under Section 145 or 149, Housing NSW will interview the client.
Under Section 145 of the Residential Tenancies Act 2010, the manager will consider:
- Any representations made by the tenant, and
- The particulars of the reasons provided by the original decision maker in accordance with Section 145(2) of the Residential Tenancies Act 2010.
When reviewing decisions about the issue of a Notice of Intent to issue a Notice of Termination under the Section 149 Ministerial Guidelines and Procedures, the manager will consider:
- Any representations made by the tenant, and
- The particulars of the reasons provided by the original decision maker in accordance with Section 149(3) of the Residential Tenancies Act 2010, and
- The approved Ministerial Guidelines and Procedures relating to Section 149.
The outcome of a review under Section 145 or 149 may be any of the following:
- Further offers of accommodation, and the number of offers, should be made (applies to Section 149 decisions only).
- A Notice of Termination should be issued.
- A Notice of Termination should not be issued.
Where Housing NSW decides to issue a Notice of Termination, it will automatically refer the client’s file to the Housing Appeals Committee for a further review.
Second tier appeals – independent review by the Housing Appeals Committee
If a client believes the decision made by Housing NSW in the first tier review is incorrect, they can ask the Housing Appeals Committee to review the decision.
The Housing Appeals Committee is an independent agency that can review decisions of Housing NSW and community housing providers. The Committee is informal and there is no charge to clients for their service. Information on the Housing Appeals Committee can be found at http://www.hac.nsw.gov.au/.
Generally, clients can only ask the Housing Appeals Committee to review a decision after the first tier review has been completed.
However, there are two situations where a client’s file will be directly referred to the Housing Appeals Committee:
- Where an appeal under the Section 149 Ministerial Guidelines and Procedures has been considered and Housing NSW’s proposed decision is to issue a Notice of Termination, or
- Where an appeal under Section 145 of the Residential Tenancies Act 2010 has been considered and Housing NSW’s decision is to issue a Notice of termination on the grounds that the tenant is not eligible for public housing. The client’s consent must be held by Housing NSW prior to the transfer of information.
Except in the two cases outlined above, clients wishing to appeal to the Committee will need to sign the Housing Appeals Committee Appeal Application form so that Housing NSW can provide the client’s file to the Committee. Housing NSW will not be present at the appeal hearing.
After its hearing, the Housing Appeals Committee will make a recommendation to Housing NSW that:
- The original decision be maintained, or
- The original decision be changed in full, or
- The original decision be changed in part.
After the Committee communicates their recommendation to Housing NSW, the Committee will advise the client of their recommendation.
The final decision remains with Housing NSW. However, Housing NSW gives careful consideration to all of the recommendations made by the Housing Appeals Committee.
If the Committee recommends that Housing NSW change a decision, in full or in part, Housing NSW will consider the recommendation and provide a response to the Committee, generally within 6 weeks. In cases relating to appeals under the Section 149 Ministerial Guidelines, if Housing NSW decides, after careful consideration, not to accept the Committee’s recommendation, the matter will be referred to a senior manager of Housing NSW for the final decision.
Housing NSW will advise the client in writing of the outcome of their second tier appeal.
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4. Legislation and compliance
There is no specific legislative structure for Housing NSW’s appeals or client feedback processes. However, Housing NSW must always act in a lawful way, including when making decisions on client entitlements. Housing NSW operates within the following frameworks:
5. Related documentation
6. Further information
If a client is unhappy with a review of a privacy complaint, the client may be entitled to refer the matter to the Administrative Decisions Tribunal. If the client feels the issue has not been satisfactorily resolved, they may contact the NSW Ombudsman.
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