CONFERENCE 2006

1. NSW Community Housing CONFERENCE 2006

2. What has been happening with appeals from clients of community housing? 2005/2006 Community Housing Appeals • 20 appeals or 5% of total appeals received by the HAC • All were from Sydney metropolitan housing associations • 75% were from the larger housing associations

3. What have clients appealed about in 2005/06? In order of priority: • 30% Transfer/rehousing • 25% Rental subsidy • 15% Priority housing/eligibility on points system • 15% Eligibility issues - general • 10% Offers of accommodation • 5% Tenant charges

4. Of the 21 appeals received: 10 appeals proceeded to hearing RESULTS 7 – HAC agreed with housing provider decision 2 – HAC recommended a change of decision 1 – HAC adjourned, not yet finalised OUTCOME Of the 2 recommended appeals, both agreed by housing provider Appeal Results 2005/06

5. Appeal Results 2005/06 11 Appeals did not proceed to a hearing • 2 withdrawn by client • 4 resolved / approved by housing provider prior to hearing • 3 internal review required • 2 not appealable issues

6. Comparison with recent years Appeals Received 2004/2005 • 17 appeals -3% of total appeals received by the HAC 2003/2004 • 3 Appeals – 1% of total appeals received by the HAC

7. Why are there relatively few appeals? Options: • Community housing does a great job and no-one is unhappy with decisions made by their housing provider! • Clients are not aware they can appeal a decision of their housing provider. • Clients are exhausted by the first level/ internal appeals process (especially if there are 2 levels internally). • It is not clear to clients when a decision has been made by the housing provider and what the decision is or means in reality. • Staff are nervous about appeals and discourage clients from appealing decisions as they are worried that OCH, their board or their managers will consider appeals a sign of failure.

8. Why are there relatively few appeals?cont. • Community housing providers avoid giving people negative decisions against which they can appeal • Clients feel that appealing may lead to them being considered ‘bad tenants’ or reduce their chance of assistance in the future. • Clients are aware that providers have considerable stock limitations so on some matters, such as transfer, they are easily ‘fobbed off’. • Appeal rights may be limited in housing provider policies • All or many of the above!?

9. What are the main issues coming out of the appeals process? POLICY • Internal appeals policy and processes can be quite underdeveloped or over-cumbersome • Policies are often not clear, are too general and criteria are not always consistent – making it hard to understand and review the decision against policy DECISION MAKING PROCESS • Decisions can be unclear and written reasons for decision on file can be very sketchy • File documentation is often quite poor with file papers jumbled, no file notes, no documentation of what was considered in the process of making a decision. • There is confusion over the definitions of appeals and complaints, and appeal matters seem to sometimes be dealt with as complaints • The use of group or committee decision making can mean no documentation and no transparency of process/ criteria applied.

10. Good Decision Making Training Summary of Program: • Concepts of procedural fairness, natural justice and administrative law • Discretionary powers in the decision making process • Internal Review best practice • Links between policy and decision making - how appeals can lead to improved policy and procedures for the organisation • The difference between a complaint and an appeal • Information on the HAC • Decisions that can be appealed to the HAC • Jurisdiction of the HAC and other tribunals • Case studies

11. Good Decision Making Is training worth doing? Feedback from participants • “We received such good ideas from your presentation and also to know the support we can receive when revising our policies and procedures.” • “..A succinct overview of decision making, appeals process and the importance of providing a quality service to applicants and tenants.” • “As community housing associations are often small, it is easy to fall into certain habits when making decisions. Attending this training disrupts these habits.” • The training is an eye opener for new staff and provides a fresh overview of the appeals process….gives the management something to take back to improve the internal appeals process.”

12. Good Decision Making Is training worth doing? cont. • “At this time in our work towards Registration a clear understanding of decision making and the HAC is most useful for me to pass onto my fellow workers. There was also the opportunity to network.” • “I found the whole day of interest and all areas covered very useful and relevant. I will most definitely put changes in place when I get back to the office. It’s great to know you are able to assist in reviewing our policies and procedures.” • “Easy to follow and practical. Good suggestions on how to deal with appeals and encourage clients to participate in the appeals process.” Next GDM Training Day at the HAC: November 22, 2006 Register at hac@housing.nsw.gov.au

13. visit our website: www.hac.nsw.gov.au