South Australian Numbered Acts South Australian Numbered ActsAfter section 32 insert:
Part 3A—Appeals
32A—Interpretation
(1) In this
Part—
"Appeal Panel" means the Housing Appeal Panel established under
section 32B;
"reviewable decision" means a decision of SAHT—
(a) on
an application to SAHT—
(i)
for housing assistance; or
(ii)
for priority housing; or
(iii)
for rent assistance, or other forms of concessions with
respect to rent, or in relation to a bond; or
(iv)
with respect to a matter arising under a tenancy
agreement where SAHT is landlord; or
(b) with
respect to any other matter that may—
(i)
involve an assessment or decision by SAHT with respect to
a person's housing needs or position; or
(ii)
affect a tenant of SAHT; or
(c) with
respect to any other matter brought within the ambit of this definition by the
regulations,
but does not include a decision where a complaint against the decision would
fall within the ambit of subsection (2);
"tenant" includes a former tenant.
(2) The following
matters are excluded from the operation of this Part:
(a) a
complaint about a policy of the Government, the Department or SAHT (as
compared to a complaint about whether or not such a policy has been complied
with or implemented in accordance with the terms of the policy);
(b) a
complaint about the manner in which a member of the staff of the Department
has acted or behaved (as compared to a complaint about a decision that has
been made by a member of the staff of the Department);
(c) a
complaint about a matter that is the subject of proceedings before the
Residential Tenancies Tribunal, or proceedings before a court or another
tribunal constituted by law;
(d) a
complaint about a matter that is attributable to a dispute between neighbours;
(e) a
complaint about a matter prescribed by the regulations for the purposes of
this subsection.
32B—Housing Appeal Panel
(1) The Minister must
establish a panel to be called the Housing Appeal Panel .
(2) The Minister may,
as the Minister thinks fit, appoint suitable persons to be members of the
Appeal Panel.
(3) The Minister must
appoint a person as the Presiding Member of the Appeal Panel (and may from
time to time appoint another member of the Appeal Panel to be the Acting
Presiding Member in the absence of the Presiding Member).
(4) A member of the
Appeal Panel is appointed on conditions determined by the Minister and for a
term, not exceeding 3 years, determined by the Minister and, at the
expiration of the term of appointment, is eligible for reappointment.
(5) The Minister may
remove a member of the Appeal Panel from office—
(a) for
breach of, or non-compliance with, a condition of appointment; or
(b) for
failure or incapacity to carry out official duties satisfactorily; or
(c) for
misconduct.
(6) The office of a
member of the Appeal Panel becomes vacant if the member—
(a)
dies; or
(b)
completes a term of office and is not reappointed; or
(c)
resigns by written notice to the Minister; or
(d) is
convicted of an indictable offence or sentenced to imprisonment for an
offence; or
(e) is
removed from office under subsection (5).
(7) On the office of a
member of the Appeal Panel becoming vacant, the Minister may appoint a
suitable person to the vacant office.
(8) A member of the
Appeal Panel is entitled to remuneration, allowances and expenses determined
by the Minister after consultation with the Commissioner for Public
Employment.
(9) A member of the
Appeal Panel incurs no civil liability for an honest act or omission in the
performance or exercise, or purported performance or exercise, of the member's
or the Appeal Panel's functions or powers.
(10) A civil liability
that would, but for subsection (9), attach to a member of the
Appeal Panel attaches instead to the Crown.
(11) The Appeal Panel
may act with respect to—
(a) a
matter brought by application under—
(i)
this Act; or
(ii)
another Act that provides for applications to be made to
the Appeal Panel; or
(b) a
matter prescribed by the regulations.
(12) For the purposes
of hearing an application (whether under this Act or another Act), the
Appeal Panel will be constituted by—
(a) 2
members; or
(b) 3
members,
as determined by the Presiding Member (either in a particular case or under a
policy set by the Presiding Member from time to time).
(13) The members of
the Appeal Panel must comply with any procedures determined by the Presiding
Member after taking into account any operational guidelines established by the
Minister, but to the extent that any matter is not within a determination of
the Presiding Member the members constituting the Appeal Panel in a particular
case may decide or determine any procedural matter as they think fit.
(14) Where the
Appeal Panel is constituted by 3 members, a decision of at least 2 of the
members will be a decision of the Appeal Panel.
(15) Despite a
preceding subsection, if a person sitting as a member of the Appeal Panel dies
or is for any other reason unable to continue to sit on the matter, the
remaining members or member (as the case may be) may continue and complete the
proceedings.
(16) The Appeal Panel,
in dealing with a matter, is not bound by the rules of evidence but may obtain
information in any manner the Appeal Panel thinks fit.
32C—Internal reviews
(1) The
Chief Executive must establish a review system within the Department so that a
person who is directly affected by a reviewable decision may, at first
instance, apply for an internal departmental review of the decision.
(2) The system
established under subsection (1) must include a process under which a
person who has applied for a review of a reviewable decision will, at the
conclusion of that process, be furnished with a written statement setting
out—
(a) the
outcome of the review; and
(b)
unless the application has been decided in favour of the applicant—the
reasons for the decision made on the review.
32D—Appeals
(1) Subject to this
section, a person who is dissatisfied with the outcome of a review under
section 32C may apply to the Appeal Panel for review of the decision that
applies at the conclusion of the review.
(2) The application
must be made within—
(a) the
prescribed period after the day on which a written statement setting out the
outcome of the relevant review is furnished under section 32C; or
(b) such
longer period as the Appeal Panel may allow.
(3) The Appeal Panel
may decline to hear a matter, or may suspend any hearing or other
consideration of a matter, if the Appeal Panel considers or is satisfied
that—
(a) the
matter should be determined or dealt with by way of proceedings in a court or
tribunal, or before another body or authority; or
(b)
proceedings have been commenced before the Residential Tenancies Tribunal, or
before a court or other tribunal constituted by law; or
(c) the
applicant in the proceedings has failed to take a step relevant to the conduct
or subject matter of the proceedings within a reasonable time; or
(d) the
matter is not suitable for consideration, or further consideration, by the
Appeal Panel for some other reason.
(4) The question to be
determined by the Appeal Panel in a particular matter is whether the decision
that has been made is correct and preferable after taking into account any
policy that applies in the relevant case and such other matters that appear to
the Appeal Panel to be appropriate in the circumstances.
(5) The Appeal Panel
may, after hearing an appeal under this section and conducting such inquiries
as the Appeal Panel thinks fit—
(a)
confirm, vary or revoke the decision to which the proceedings relate;
(b)
refer the matter back to SAHT or the Chief Executive, with such suggestions as
the Appeal Panel thinks fit;
(c) make
incidental and ancillary orders.
(6) The Appeal Panel
must ensure that the applicant and SAHT are provided with a written statement
setting out the Appeal Panel's decision and the reasons for the decision.
(7) The operation of a
decision that is the subject of an application under this section will be
stayed pending the outcome of the proceedings unless—
(a) the
Appeal Panel, on its own initiative or on application by SAHT, determines that
the decision may take effect or apply despite the application (and related
proceedings) under this section; or
(b) the
decision is within the ambit of a regulation that prescribes a class or
classes of decisions that will take effect or apply despite an application
(and related proceedings) under this section.
(8) A decision on a
matter that has been the subject of a review under section 32C which
constitutes an administrative act within the meaning of the
Ombudsman Act 1972 may be investigated by the Ombudsman under that Act
despite the fact that this section provides a right of review (and
section 13(3) of the Act will not apply in such a case).