The appeals process
The Department of Communities (Communities) understands that decisions made can affect our customers. The appeal process allows you to have decisions made by Communities reviewed.
There are two levels of appeal:
Tier 1: An internal review by a senior Communities officer who was removed from the original decision-making process.
Tier 2: An appeal hearing by the Regional Appeals Committee.
The appeals process ensures decisions can be independently reviewed. You can lodge an appeal within 12 months of the decision being made by Communities.
Decisions you can appeal
You can appeal decisions that relate to:
- your rental housing, priority assistance or transfer application
- bond assistance
- assessment of tenant liability charges.
If your appeal relates to a decision about a home loan, please contact Keystart directly on 1300 578 278.
Decisions you cannot appeal
Some decisions made by Communities cannot be appealed, such as:
- decisions that apply generally to all customers (e.g., market rent increases and subsidy percentage rates)
- decisions made more than 12 months ago
- decisions which are or have been the subject of a Notice of Termination or strikes issued under the Disruptive Behaviour Management Policy
- decisions reached through legal action
- decisions made by the Western Australian Ombudsman
- decisions made by the Western Australian State Administrative Tribunal
- Water Consumption charges as they are not determined by Communities
- decisions to end a tenancy due to a tenant no longer being eligible for public housing
- decisions to end a tenancy due to being offered alternative social housing accommodation
- decisions to not allow another tenant to be added to a tenancy.
How to appeal
Show moreLodge a written request by completing the Housing Appeals Mechanism Request Form sent to you with the original decision. The Form is also available from your local Housing Office.
Communities can provide a list of welfare and community agencies that can provide independent advice and help you to prepare your appeal.
To ensure all of your concerns and circumstances are taken into account, Communities recommends you provide any relevant information such as medical reports and support letters when you lodge your appeal.
Under the Freedom of Information Act 1992 you may apply to Communities for copies of documents relating to your case.
Tier 1: Internal review
Tier 1 appeal is a review by a senior Communities officer who was not involved in the original decision-making process. Your case will be reviewed to see in line with the Housing Appeals Mechanism:
- all relevant facts have been considered,
- the decision was reasonable given your circumstances,
- sufficient evidence was available to reach the decision,
- the original decision should be overturned.
You may be asked to provide extra information during this process.
Tier 2: Regional Appeals Committee
If unsuccessful at Tier 1, your appeal will be referred to Tier 2 to be reviewed by a Regional Appeals Committee. You will be invited to attend the hearing so you can discuss your case.
Communities recommends that you bring someone along to help you – this may be a friend, family member, advocate, or support person who has been helping you with your situation.
The Regional Appeals Committee will ask you questions to make sure that all the circumstances are understood. After hearing your case the Regional Appeals Committee will look at all of the facts before reaching a decision.
Interpreting services
Show moreIf you require an interpreter for your Regional Appeals Committee hearing, please contact your local Housing Office.
Where to appeal?
Show moreThe Regional Appeals Committee hearing will be held at a local Communities office. If you cannot attend the hearing in person, you may request a telephone conference.
Further action
Show moreIf you disagree with the outcome of your Tier 2 appeal, Communities will advise you of the most appropriate agencies to contact. Relevant agencies may include:
- the Magistrates Court
- Western Australian Ombudsman
- Western Australian State Administrative Tribunal
- Equal Opportunity Commission.
Please contact your local Housing Office you have any further questions.
