COMMON EQUITY HOUSING
S.A. LTD
TENANT APPEALS BY-LAW
This By-Law specifically relates to any person who is housed as a
tenant, and has a Residential Tenancy Agreement with Common Equity
Housing SA Ltd.
CEHSA currently has no tenants. Each person is a tenant of the Co-operative.
Approved by the Delegate
………………………………………….
Housing SA, Community Partnerships and Growth
Date
...………………………………………..
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COMMON EQUITY HOUSING S.A. LTD
APPEALS BY-LAW
This By-Law specifically relates to any person who is housed as a tenant, and has a
Residential Tenancy Agreement with Common Equity Housing SA Ltd.
PREAMBLE
Under the Funding Agreement with Housing SA, Common Equity Housing SA Ltd (CEHSA) is
required to adopt a mandatory Appeals By-Law for tenants housed in publicly funded properties and
members of the Association.
This By-Law has been adapted from a pro forma provided by Housing SA, Community Partnerships
and Growth (CP&G) and is consistent with legislative requirements.
1.
Informal Dispute Resolution prior to an appeal
1.1
Common Equity Housing SA Ltd (CEHSA) will
develop a process for informal dispute resolution, which
may be used prior to the lodgement of appeals.
1.2
CEHSA will arrange for an external facilitator or
mediator if any party to a dispute requests this.
2.
CP&G recommends that CEHSA’s informal
dispute resolution mechanisms include
elements such as:

Identify who tenants can go to as a first
port of call in a complaint/grievance
situation (within the Association as well
as external services such as the Tenants
Information and Advocacy Service, TIAS);

Regular review of processes, rules and
bylaws;

Attendance at training on dispute
resolution and appeal processes.
Mediation is no longer a mandatory
requirement of the appeal process, but is
recommended by Community Partnerships as
part of the initial informal dispute resolution
process. Refer to the community housing
webpage for further information about informal
dispute resolution:
http://www.communityhousing.sa.gov.au
Eligibility to appeal to CEHSA’s Appeal Committee
*2.1 If tenants have complaints about any of the
issues below, it can be the basis for an appeal to the
Appeal Committee:
o
o
o
A decision relating to a dispute with another
CEHSA tenant;
A decision relating to a dispute between the
tenant and CEHSA;
A decision by CEHSA which the tenant
believes is unreasonable, oppressive or
unjust.
2.1 and 2.2: These rights to appeal are
afforded under legislation and Community
Partnerships ‘Appeals Against Decisions of
Housing Associations. See the community
housing webpage for further information:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/PolAppealsAgainstAssociat
ionsAndCo-ops.pdf
2.1: Ensure that a basis for appeals is a
decision – not an incident or act (the
Association’s decision not to do anything
about a dispute with another tenant will
constitute a decision).
This may include:
o The process used to make a decision; or
o Whether a decision is consistent with
CEHSA’s rules and by-laws.
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But excludes a rejection of application for membership
of CEHSA, as the CEHSA Constitution does not allow
for a tenant to be a member.
*2.2 Any individual whose application for membership
has been rejected can appeal to CEHSA’s Appeal
Committee or may appeal directly to the Housing
Appeal Panel (HAP).
(See important explanatory notes in right hand column.)
Clause 2.2 has been retained even though an
individual (tenant) with CEHSA is unable to
make an application for membership.
In the CEHSA Constitution, only Member
Organizations (Co-operatives) can become a
member.
However, a tenant may appeal for other
reasons.
2.3 Only the person who is directly impacted by the
original decision may initiate appeal proceedings (with
support if necessary).
3.
The Appeal Committee and Appeal Panel structure
*3.1 CEHSA will appoint an Appeal Committee at the
Annual General Meeting each year.
3.2
The Appeal Committee will consist of up to five
(5) people (see clause 3.4), from which three (3) will be
chosen, each time an appeal arises, to form an internal
Appeal Panel. The selected Appeal Panel members
must be available to conduct the appeal in its entirety to
ensure the principles of natural justice are observed.
3.3
Any casual vacancies on the Appeal Committee
will be filled by appointment at a General Meeting.
3.4
The Appeal Committee will consist of the
following group specific criteria from CEHSA;
• current Directors’; and
• current employees’.
3.5
An Appeal Committee Co-ordinator will be
appointed from the Appeal Committee’s members.
3.6
The Chief Executive Officer may liaise with
CP&G Learning and Development team to organise
training for the Appeal Committee members to ensure
they understand the appeal procedures, principles of
natural justice, conflict of interest and decision-making.
3.7
CEHSA may negotiate with another Association
for the potential exchange of Appeal Panel members, to
ensure that the Appeal Panel remains impartial.
CEHSA may also choose to use an Independent Appeal
Panel Convenor and/or an Independent Appeal Panel
member for the purpose of appeal hearings.
It is compulsory for Associations to have an
Appeal Committee which deals with appeals
and operates by the principles of natural
justice. This section outlines recommended
best practice regarding the Appeal Committee
structure.
3.4: Associations to decide on the group
specific criteria, e.g. one tenant
representative, one member from another
Association, the operations manager etc. Best
practice recommends that the Executive
Director is not part of the Appeal Committee.
3.5: The Association needs to decide on the
terminology to be used for the role of the
person who heads up the Appeal Committee.
They could be called Appeal Committee Coordinator, Convenor or Facilitator, or any other
appropriate term that is meaningful for the
Association.
3.6: For more information on natural justice,
see the community housing website:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/FctNaturalJustice2008-0526.pdf
3.7: The internal Appeal Panel needs three
voting members, i.e. an uneven number to
ensure voting does not result in a draw. If the
Association is using an Appeal Panel member
from another Association, or an Independent
Appeal Panel member, he/she will be involved
in the decision making process provided that
this has been negotiated prior to the hearing.
However, if the Association is using an
Independent Appeal Panel Convenor (IAC), it
is recommended that this person focus entirely
on the process for the appeal, and not be a
voting member of the Panel. The Panel would
need three voting members, not including the
IAC, in this case. For further information about
Independent Appeal Panel Convenors, see
the community housing website:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/FctIndependentAppealCon
venor.pdf
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This might be agreed
• at the Annual General Meeting each year, or
• in the event of an appeal being lodged.
*3.8 CEHSA delegates its authority to hear appeals,
and make decisions about these appeals, to the internal
Appeal Panel which is formed by the Appeal Committee
in the event of an appeal being lodged.
4.
Lodging an appeal
*4.1 Appellants will be given a 30 day timeframe, from
the date of receipt of notification of the decision, to
lodge an application for appeal.
4.2
The appeal application must be lodged in writing
and include:
o
The name and contact details of the
person lodging the appeal
o
The name and contact details of the
respondent (where available)
o
Information regarding the initial dispute
and consequent decision
o
A clear statement regarding the reasons to
why the decision is being appealed
o
Any action that has been taken to attempt
to resolve the dispute.
4.3
It is compulsory for Associations to have a
procedure for lodging an appeal, and have
clear timelines for the steps involved in the
appeal process.
4.1: Community Partnerships Appeal Policy
now allows appellants a 30 day timeframe
(taken from the date of the person receiving
notification of the decision) for lodgement of
an internal appeal. Refer to section 4.3.2 in
the ‘Appeals Against Decisions of Housing
Associations and Co-operatives Policy’:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/PolAppealsAgainstAssociat
ionsAndCo-ops.pdf
4.2: The respondent is the person who made
the original decision, or will represent the
Association if it was a whole Board decision.
The application to appeal must be sent to;
The Chief Executive Officer
Common Equity Housing SA Ltd
at the Registered business address.
4.4
The Chief Executive Officer will forward the
appeal application to the Appeal Committee Coordinator as soon as practicable, but within 5 working
days.
5.
Preparing for an appeal
*5.1 CEHSA will keep a register of appeals to their
Appeal Committee and of any matters which are
appealed to the HAP.
5.2
The Appeal Committee Co-ordinator will, within 5
days of receipt of the appeal application:
o
Enter details about the appeal in the
confidential Appeal Register
o
Acknowledge to the appellant that the
appeal has been received
5.3: The Association needs to decide on the
terminology used for the role of the person
who heads up the internal Appeal Panel. They
could be called Appeal Panel Convenor,
Chairperson or Facilitator, or any other
appropriate term that is meaningful for the
Association.
5.3: Legal Services Commission of SA defines
conflict of interest as: “A situation where a
person’s own interests, or a duty towards
someone else, may affect the way they carry
out a duty towards others”. If the Association
is developing its own Appeal by-law, ensure
that disclosure of conflict of interest is
mentioned, and that the definition of conflict of
interest is correct.
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o
Notify the Appeal Committee and the
respondent that an appeal has been
lodged.
5.3
The Appeal Committee Co-ordinator and the
other Appeal Committee members will meet within 14
days of receiving an appeal application to make a
decision about which three members will form the
internal Appeal Panel to hear the appeal. They will also
decide who will take on the role of Appeal Panel
Convenor. They will ensure that the members chosen
will not have been involved in the dispute in the past,
and will not have a conflict of interest in the matter.
5.4: Refer to Community Partnerships,
Learning and Development team for available
Independent Appeal Panel Convenors and/or
Independent Appeal Panel Members. Email:
communityhousinged@dfc.sa.gov.au or
phone: 1300 700 561. If the Association
chooses to use the services of an Independent
Appeal Panel Convenor and/or Independent
Appeal Panel member, both appellant and
respondent should be notified of this prior to
the hearing.
5.6: In accordance with the principles of
natural justice, each party must be provided
with the same information as the other party.
Any written information which will be relied on
by one party at the hearing must be provided
to the other party prior to the hearing.
A conflict of interest arises when any of the internal
Appeal Panel members:
a. Might gain financially, personally or in any
other way by an appeal or its outcome, or
b. Might be perceived to benefit by an appeal
or its outcome.
5.4
If it is not possible to find 3 internal Appeal Panel
members who do not have a conflict of interest in the
matter, the Appeal Committee Co-ordinator will
approach other people who do not have a conflict of
interest, for example:
o A person from an alternative Association, or
o An Independent Appeal Panel member with
skills in appeal processes.
o An Independent Appeal Panel Convenor (IAC)
to guide the appeal process, but not be part of
the final voting. In the event of an IAC being
used there will be no internal Appeal Panel
Convenor, but an internal member of the Panel
will be responsible for the administrative tasks
involved.
5.5
The Appeal Panel Convenor (or a nominated
panel member if using an IAC) will request and collect
all relevant documents from CEHSA, applicant and
respondents. Each party must freely give this relevant
information.
5.6
The Appeal Panel Convenor (or a nominated
panel member if using an IAC) will distribute the
documentation relevant to the appeal to the appellant
and the respondent. All parties must be given the same
information.
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5.7
The internal Appeal Panel has the right to access
any relevant and appropriate information necessary for
the appeal hearing.
5.8
The Appeal Panel Convenor (or a nominated
panel member if using an IAC) will set a time and place
for the hearing of the appeal, which must take place
within 56 days of the lodgement of the appeal. The
hearing must be held at a time that is convenient to all
parties and adequate notice must be given (at least 14
days).
6.
Hearing an appeal
6.1
The appeal hearing will include:
o The three chosen internal Appeal Panel
members (plus the Appeal Panel Convenor
or the Independent Appeal Panel Convenor if
being used)
o The appellant and respondent
o Appellant’s and respondent’s support
person(s) and advocate(s).
6.2
The internal Appeal Panel will ensure the appeal
process is completed as quickly as possible.
6.3
The Internal Appeal Panel will hear and consider
all relevant written and verbal information from parties
relating to the appeal, and may request any relevant
and appropriate information, documents, witnesses or
assistance that members need to come to a decision.
6.4
Each party may present any relevant information
that may assist him/her and has the right to have a
friend and/or advocate assist with the appeal hearing.
6.5
Any witnesses interviewed by the internal Appeal
Panel will be present only for the time he/she is giving
information to the Panel.
6.6
The appellant may withdraw his/her appeal at
any time. In this case, the appeal stops and the original
decision can then be carried out.
The Association must operate by the
principles of natural justice, as required under
section 37 of the SACCH Act 1991. For more
information refer to the Natural Justice Fact
Sheet on the community housing website:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/FctNaturalJustice2008-0526.pdf
6.3: In accordance with the principles of
natural justice, all parties must hear the same
information and have access to all of the same
information.
6.7: Confidentiality: all information given
verbally or in writing must remain confidential
within the ambit of the appeal and any further
related appeals. Information must not be
shared with other staff, members and tenants
of the Association or anyone outside of the
Association unless they are directly involved in
the appeal (e.g. such as an advocate or other
external support person), until the final
decision has to be implemented. At this time,
only the information about the decision should
be divulged.
6.8: For example, has failed to form an
impartial internal Appeal Panel to hear an
appeal, or failed to comply with the timelines
stipulated in the Association’s by-laws.
6.10: Good record keeping includes having
someone responsible for minuting the appeal
hearing, documenting which by-laws and rules
support the decision/outcome of the hearing,
how the appeal report is prepared and by
whom, how and when and by whom the
appellant is informed of the decision/outcome.
Refer to the Appeal checklist, appendix 1, for
a suggested report writing template:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/CklstAppealsAndRprtTmplt
e.pdf
6.7
Confidentiality will be maintained throughout the
appeal process including if the appellant withdraws an
appeal. All evidence will also be considered confidential
unless agreed otherwise by all parties.
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*6.8 If CEHSA does not respond to a request for an
appeal in accordance with its by-laws, the appellant has
the right to appeal directly to the HAP.
6.9
Where a mediation/conciliation process is
initiated during the appeal process, the timeframe set
out in this CEHSA By-law will be frozen – i.e. the
mediation/conciliation will take place, after which the
appeal process will re-commence from where it left off
prior to the mediation/conciliation.
*6.10 All Appeal Panel proceedings will be accurately
recorded and the record will be kept in a safe place,
along with all the information relevant to the appeal.
7.
Making a decision
7.1
When the internal Appeal Panel is satisfied that it
has heard and considered all the relevant information, it
will make a decision about the appeal. If a decision
cannot be reached unanimously, then the decision shall
be that of the majority of members of the Appeal Panel.
7.2
Within 5 days of the hearing, the Appeal Panel
Convenor (or a nominated panel member if using an
IAC) will provide a written report of the outcome of the
appeal to the CEHSA Board of Directors’, the appellant
and the respondent.
7.3
The appeal report will include:
o Date, time, location and attendees.
o Original decision making group/individual.
o Mediation attempts/ alternative dispute resolution
attempts prior to the appeal.
o Original decision to be reviewed.
o Reasons for original decision, i.e. what facts,
correspondence, rules, by-laws were considered.
o Findings regarding the review of the original
decision making process (e.g. did all parties have
opportunity to respond to issues and complaints,
were all parties given reasonable timeframes to
have input to the original decision making
process)
o Any perceived and/or disclosed conflict of interest
with the original decision
o A summary of any other information presented at
the appeal hearing
o The steps the hearing of the appeal took,
including how and when the internal Appeal
Panel met and what information was heard
7.1: If the Association is using an Appeal
Panel member from another Association, or an
Independent Appeal Panel Member, they will
be involved in the decision making process
provided that this has been negotiated with the
Association prior to the hearing.
7.1: In accordance with the principles of
natural justice, only the Appeal Panel
members who have heard the appeal can
make the decision about the appeal.
7.2: The appeal report to the Association’s
Board/Management committee is to advise
them of the outcome of the decision. The
Board/Management committee must not be
asked to endorse or approve the decision
since that would make the management
committee the body making the decision. The
body hearing the appeal (i.e. the Appeal
Panel) must be the body making the final
decision. It must be established that the
Appeal Panel has been delegated the
authority from the Board/Management
committee to hear the appeals and make the
decisions around the matter.
7.3: The appeal report should include the
details listed. Should the appellant appeal the
matter further, the Housing Appeal Panel may
request these details. Refer to the appeals
checklist, appendix 1, for a suggested report
writing template:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/CklstAppealsAndRprtTmplt
e.pdf
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o The internal Appeal Panel’s decision
o All of the reasons for the decision (including
regulations, rules, by-laws, policies).
7.4
If the Appeal Panel is unable to make a decision
at the initial appeal hearing, it will reconvene as soon as
possible but within 14 days of the original hearing to
make a decision. All Appeal Panel members at the initial
hearing will be present for the subsequent hearing, to
ensure that everyone hearing the information available
will also be part of the decision making process.
*7.5 The Appellant must be advised in writing that
they have the right to appeal to the HAP, should he/she
be not satisfied with the appeal outcome or process.
8.
Implementing a decision
*8.1 The CEHSA Board of Directors’ (through the
Chief Executive Officer) will implement the decision, and
monitor whether the decision has been implemented.
8.2
The appellant will inform the Board if he/she is
appealing the matter to the HAP, as implementation of
the decision can then be put on hold until the finalisation
of the HAP appeal.
*8.3 If a matter is further appealed to the Housing
Appeal Panel (HAP), no decision made by an internal
Appeal Panel will be acted upon until the finalisation of
the HAP appeal.
9.
Appeal to the Housing Appeal Panel
*9.1 The appellant is able to appeal to the HAP within
30 days of receiving the decision from the internal
Appeal Panel’s decision.
9.1: Community Partnerships’ Appeal Policy
now allows appellants a 30 day timeframe
(taken from the date of the person receiving
notification of the decision) for lodgement of
an appeal to the HAP. Refer to section 4.3.2 in
the ‘Appeals Against Decisions of Housing
Associations and Co-operatives Policy’:
http://www.communityhousing.sa.gov.au/webd
ata/resources/files/PolAppealsAgainstAssociat
ionsAndCo-ops.pdf
ATTACHMENTS
Attachment 1 Appeal Application Form
Attachment 2 Internal Appeal Report
Attachment 3 Internal Appeals Checklist
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ATTACHMENT 1
APPEAL APPLICATION FORM
I ……………………………………………………………………………………….
of
…………………………………………………………………………
…………………………………………………………………………
Contact details phone no ……….…………….
Email address …………………………….
wish to formally lodge an appeal with the CEHSA internal Appeal Committee.
*********************************************************************
I am making an appeal application in relation to the following matter(s):
The reasons for my application are as follows.
Please describe any steps that have been taken to resolve the matter.
Signature
Date
Please attach any other pages as you require.
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Attachment 2
Internal Appeal Report
This report is designed to assist the Appeal Panel when conducting an internal appeal to ensure the
process observes the principles of natural justice.
1. List the individuals or committees that have been involved in the original decision
Original Decision Making group/individual:
…….………………………………………………………………………………
…………………………………………………………………………………....
Appellant:
…………………………………………………………………….………………
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Other:
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2. Have the parties attempted mediation or any other alternative dispute resolution?
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3. What is the original decision to be reviewed? Include the exact wording of the decision if
available.
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4. How was the original decision made? (Give details of how you came to the original decision, what
facts were taken into consideration, who was spoken to, what correspondence was sent etc).
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5. What legislation, regulations, rules and by-laws were considered when making the original
decision? Please specify relevant section/clause.
•
•
South Australian Co-operative and Community Housing Act 1991
South Australian Co-operative and Community Housing Act 1991 Regulations, e.g. General
Regulations 2007, Housing Associations Regulations 1996
• Housing SA, Community Partnerships and Growth directorate Policies
• CEHSA’s By-laws. Rules or Policies
• Other (please specify) ………………………………………………………………
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6. Did all parties have a reasonable opportunity to have input into the original decision? (Please
specify dates of meeting, discussions, people present, communication etc)
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7. Have all issues that were considered in making this decision been discussed with the person they
relate to? (ie have all parties had an opportunity to respond to all issues / complaints?)
……………………………………………………………………………………………………………………
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8. Did any parties involved in making the decision have any conflict of interest? Was this declared
during the original decision making process?
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9. What, if any, other information is relevant to:
(a) The original decision that was made?
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(b) The process you followed in making the original decision?
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10. Does the Internal Appeal Panel endorse;
(a) The original decision?
Yes
No
(b) The process undertaken in making the original decision?
Yes
No
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11. If the Internal Appeal Panel answers “Yes” to questions 10(a) and/or 10(b) above, state the
Internal Appeal Panel’s grounds for endorsing the original decision:
……………………………………………………………………………………………………………………
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12. If the Internal Appeal Panel answers “No” to questions 10(a) and/or 10(b) above:
(a) What is the new decision?
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(b) On what grounds does the Internal Appeal Panel make the new decision?
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Date, Time and Location of appeal hearing:
……………………………………………………………………………………………………………………
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Attendees at the appeal hearing:
……………………………………………………………………………………………………………………
……………………………………………………………………………………………………………………
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Signed by the Appeal Panel Convener (or nominated person writing the report):
Signed…………………………………………………
Full Name……………………………………………..
Position………………………………………………..
Date…………………………
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Attachment 3
Internal Appeals Checklist
This pro forma checklist has been provided by Housing SA – CP&G, and outlines the necessary steps
involved in an internal appeal process. It also offers recommendations regarding who should be responsible
for certain tasks. All steps are to be conducted within the timelines as set out in the CEHSA Appeal By-Law.
Lodging the appeal
Appellant
Lodge appeal in writing
Mark “Confidential & Appeal”
Forward application to CEHSA.
Correspondence to be forwarded unopened to Appeal Committee Coordinator (see clause 3.5).
Preparing for an
Internal Appeal
Appeal Committee Coordinator
Enter details about the appeal in the confidential Appeal Register.
Acknowledge to the appellant that the appeal has been received.
Notify the respondent and the Appeal Committee that an appeal has
been lodged.
Meet with the other Appeal Committee members to brief them on the
general nature of the appeal and decide which 3 members will form the
internal Appeal Panel to hear the appeal.
Ensure that the members chosen to form the internal Appeal Panel do
not have a conflict of interest in the matter.
Organize for an Independent Appeal Panel Convenor or an
Independent Appeal Panel member, if appropriate and required.
Internal Appeal Panel Members
Decide who will take on the role of Appeal Panel Convenor. (Not
applicable if the panel is using an Independent Appeal Convenor. In
this case, the panel needs to decide on a nominated panel member
who will be responsible for the administrative tasks involved in hearing
the appeal.)
Appeal Panel Convenor (or nominated Appeal Panel member if
using an Independent Appeal Convenor
Meet with the other members of the internal Appeal Panel to go
through the appeal information.
Establish what, if any, further information and resources are needed to
hear the appeal (and seek independent advice if needed.)
Request and collect all appropriate and relevant information that the
internal Appeal Panel needs to hear the appeal.
Distribute the documentation relevant to the appeal to all parties. (All
parties must be given the same information.)
Based on information and documentation about the appeal, complete
the “Internal Appeal Report” template in preparation for the appeal
meeting.
Notify all parties in writing, of the details of the hearing – date, time and
place and who will be on the Appeal Panel. Give at least 14 days
notice. Inform appellant and respondent that they can bring a support
person/friend/advocate to the appeal hearing. Request that they
inform you so you can inform the other parties.
Inform parties if any party is bringing a support person/friend/advocate.
Independent Appeal
Convenor
If you are an Independent Appeal Convenor ensure all prior tasks have
been done prior to the hearing.
The Appeal Hearing
Appeal Panel Convenor or Independent Appeal Convenor
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Ensure that everyone who should attend the hearing is present – i.e.
the 3 chosen internal Appeal Panel members, Independent Appeal
Convenor if using, the appellant, the respondent, appellants and
respondent’s support person.
Outline the appeal hearing process to the parties.
Go through the roles/norms/expectations of the internal Appeal Panel.
This should include respectful behaviour, not interrupting or speaking
over others, everyone having time to have their say.
Explain role of support person/advocate.
Establish the role of the Independent Appeal Panel Convenor.
Invite parties to present their case to the Internal Appeal Panel.
Invite parties to provide extra information if appropriate and required.
Invite and hear any witnesses relevant to the appeal. (Note that any
witnesses interviewed by the internal Appeal Panel will be present only
for the time they are giving their information to the panel, and not for
the whole hearing.)
Accurately record all internal Appeal Panel proceedings
(Recommended to be an appointed Minute Taker.)
After the Hearing
Implementing a
decision
Withdrawing from an
internal appeal
process
Further
consideration
Withdrawing from a
HAP appeal process
External assistance
The Internal Appeal Panel
Make a decision about the appeal once all the information relevant to
the appeal hearing has been heard and considered.
Appeal Panel Convenor
Inform all parties of the Internal Appeal Panel’s decision, within the
time frame set out in the Appeals By-Law.
Record the Internal Appeal Panel’s decision, and decision making
process outlined in “Internal Appeal Report” (this document will form
the appeal report.) It is strongly recommended the whole document is
completed in case the appeal is taken to the (HAP).
Provide CEHSA, the appellant and respondent with a copy of the
appeal report.
Advise the appellant in writing that they have a right to appeal to the
HAP, should they be dissatisfied with the appeal outcome or process.
CEHSA management will implement, or monitor the implementation of,
the decision. (Note that if the matter is further appealed to the HAP no
decision made by the Internal Appeal Panel should be acted upon until
the finalization of the HAP appeal.)
An internal appeal may be withdrawn at any time in the process. In
this case, the appeal process stops and the original decision should
then be carried out.
If the appellant is dissatisfied with the decision then they can appeal to
the HAP. Note that the “Internal Appeal Report” will significantly assist
in providing the HAP with clear information regarding the internal
appeal process that was followed.
An appeal to the HAP may be withdrawn at any time in that process.
In this case, the appeal process stops and the original decision should
then be carried out.
External assistance may be sought in the form of
Facilitation/Mediation/Conciliation/Mentoring by any party. Contact
Community Partnerships and Growth for further information.
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