Appeals from decisions relating to community housing are heard by the South Australian Civil and Administrative Appeal Tribunal (SACAT) [see Community Housing Providers (National Law) (South Australia) Act 2013 (SA) sch 2].
Who can appeal?
- Tenants of registered community housing providers
- Prospective members of registered community housing providers
What sorts of decisions can be appealed?
For tenants, decisions about:
- assessment of their financial or other circumstances
- allocation (or reallocation) of any premises
- state, condition, modification or improvement of premises
- calculation or imposition of any additional rent, levy, charge or subsidy
- termination of membership of the community housing provider
- any other decision that affects the tenant's occupation or use of the premises
For prosective members, the rejection of their membership where it affects their existing tenancy or other existing right of occupation.
What decisions cannot be appealed?
- Those that are not about the occupation of community housing
- Those that relate to a matter that may be the subject of regulation or proceedings under the Residential Tenancies Act 1995 (SA)
Is there a time limit?
Yes, an appeal must be lodged within 30 days from the date on which the person receives written notice of the decision of the community housing provider.
Who can help with your appeal?
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.