Customers of Housing SA have the right to ask for a review, also known as an appeal, of a decision made by Housing SA that directly affect them as per Part 3A of the South Australian Housing Trust Act 1995 (the SAHT Act) and section 8 of the South Australian Housing Regulations 2010.

In accordance with the SAHT Act, the Chief Executive of Housing SA is required to have a process in place to undertake appeals.

This policy:

  • guides Housing SA in the best practice management of appeals.
  • sets out the circumstances in which a person can appeal a decision made by Housing SA.

Where the Appeals Policy is silent, the SAHT Act should be referred to.

Policy detail

This policy applies to all customers (including former customers) undertaking an appeal process and all Housing SA staff administering the appeal process.

Things that can be appealed

A customer can appeal a decision about:

  • an application for housing or priority housing
  • an application about bond or rent assistance
  • an application for subsidised rent
  • an assessment or decision about their housing need or position
  • a matter covered by their Housing SA Lease Agreement, also known as the Conditions of Tenancy, where Housing SA is the landlord
  • a matter that affects them as a SAHT tenant
  • any other matter defined by the South Australian Housing Trust Act 1995.

Things that cannot be appealed

A customer cannot appeal all decisions that affect them. Housing SA will not accept an appeal application if a complaint is made about:

  • government or policy, rather than how a policy has been applied
  • a matter that is attributable to a dispute between neighbours
  • the manner in which a member of the staff of the Housing SA has acted or behaved (as compared to a complaint about a decision that has been made by a member of the staff of the Housing SA)
  • a matter that is subject of proceedings before the Tribunal exercising its jurisdiction conferred under another Act, or proceedings before a court or another tribunal constituted by law
  • a community housing matter, Community Housing Disputes and Reviews.

Lodging an appeal

Customers who disagree with a decision should first talk to the staff member who made the decision. The staff member will explain how and why they reached their decision.

If the customer still does not agree, they may apply for an internal review (an appeal) to be undertaken by Housing SA.

Housing SA may decide to accept or reject an appeal on the basis of:

  • the length of time elapsed since the decision was made (meaning Housing SA cannot reasonably consider the issue); or
  • the issue is no longer capable of resolution.

When conducting the review, Housing SA will:

  • take no further action to implement the decision until the review is complete, unless there is a health or safety risk;
  • review all the documents and evidence supporting the final decision;
  • ensure the decision was made in line with Housing SA policy and any other relevant documents and processes; and
  • ensure the review is conducted independently from the staff member/s who made the original decision.

The customer will be notified in writing, including details of the outcome and reasons for the decision within 28 days (unless there are reasonable grounds for delay).

Outcomes from appeals:

Appeals can either be:

  • Affirmed – the original decision remains unchanged.
  • Varied – the original decision is varied to an alternate outcome.
  • Overturned – the original decision is reversed and a new decision is made.

An appeal may be resolved or withdrawn by the customer between the time the appeal is lodged, and an outcome is determined. If this matter is resolved or withdrawn, the customer is informed in writing and the appeal is closed.

Lodging an appeal with the South Australian Civil and Administrative Tribunal (SCAT)

If the customer is unhappy with the outcome of the appeal, they can apply to the South Australian Civil and Administrative Tribunal (SACAT) for an external review in accordance with the timeframes under the South Australian Housing Trust Regulations 2010.

The customer must apply to SACAT within seven days from the day after they are notified in writing of the outcome of the internal review for applications about:

  • a decision by Housing SA to not renew or to end a tenancy
  • an application to transfer a tenancy, also known as tenancy succession, to a partner, other family member or former tenant
  • an application for private rental bond or rent assistance.

For all other matters, the customer must apply within 30 days from the day after they are notified of the outcome of the internal review.

SACAT may allow a longer period to apply at their discretion

Community Housing disputes and reviews

Community housing tenants have a separate process.

All community housing providers have their own complaints process and are responsible for appeals or reviews that arise from a decision they have made. Tenants can contact their community housing provider for more information and to lodge their complaint or appeal.

There are two levels of appeal:

  1. An internal review by the community housing provider
  2. An external appeal to the South Australian Civil and Administrative Tribunal (SACAT).

Further information can be found at Disputes between community housing providers and residents.

Related information

Controlling documents

Supporting document and resources

Date this policy applies from

27 February 2024

Version number

7