The Registrar of Community Housing ('the Registrar') is an independent body that manages the registration, monitoring, and regulation of Community Housing Providers ('CHPs') in New South Wales.
For CHPs to get government assistance, they must be registered under the National Regulatory System for Community Housing ('NRSCH') or the NSW Local Scheme. The Registrar makes sure CHPs follow housing laws and meet performance standards.
If you think a CHP isn't meeting its obligations, you can complain to the Registrar. The Registrar doesn’t resolve individual complaints but uses the information to decide if a CHP's registration should be cancelled.
What types of complaints can you make?
The National Regulatory Code, adopted by NSW, outlines performance standards that CHPs must meet. If a CHP fails to meet these standards, you can make a complaint to the Registrar.
You can make a complaint if:
- CHPs are not fair, transparent, and responsive when providing housing assistance to tenants, residents, and clients. This includes situations where:
- You are unfairly determined or managed for eligibility, allocation, or termination of housing assistance.
- Your rent is not determined or managed properly.
- The housing service standards are not set or met.
- You do not receive adequate support for tenant and resident engagement.
- You cannot access necessary support for complex needs.
- Your complaints and appeals related to housing services are not properly managed and addressed.
- The overall quality of housing services is unsatisfactory.
- CHPs do not manage and maintain properties and assets to meet tenants' needs now and in the future. This includes:
- They are not aware of or planning for changing housing needs.
- They do not set or meet property condition standards.
- They do not plan or conduct responsive and planned maintenance work.
- They do not plan and deliver a development program for assets.
- CHPs do not collaborate with relevant organisations to promote community housing and contribute to socially inclusive communities.
- CHPs are not well-governed, operating effectively, lawfully, and transparently, or lacking strategic, operational, financial, and risk plans.
- CHPs do not maintain high ethical standards, enforce a code of conduct, conduct appropriate employment checks, or address wrongdoing.
- CHPs do not manage resources efficiently to achieve business outcomes and make the best use of assets and funding.
- CHPs are not financially viable, lacking the necessary funds to operate and pay debts.
The Registrar cannot resolve individual complaints about the following topics unless they can be shown to be systemic in nature:
- Housing assistance application decisions
- Lease terminations
- Alleged breaches of lease agreements
- Tenancy transfer matters
- Tenant debts
- Property repairs and maintenance
- Rent charges and rent increases
- Disputes between tenants
The Registrar is not obliged to investigate every complaint received. Any information provided will be carefully considered to determine if there is an issue with a CHP complying with the regulatory framework.
Who can you make a complaint against?
The Registrar deals with complaints about any Community Housing Provider (CHP) that is registered under the National Regulatory System for Community Housing (NRSCH) and has its Primary Jurisdiction as NSW or is under the NSW Local Scheme.
You can check whether your housing provider is registered under the NRSCH here.
The Registrar cannot handle complaints about:
- Public rental accommodation (DCJ Housing).
- Private rental accommodation, such as through a real estate agent.
- CHPs that operate in NSW but are registered to the Primary Jurisdiction of another state or territory.
Are you eligible to make a complaint?
Anyone can make a complaint to the Registrar if they believe a CHP is not complying with their registration obligations, including:
- Tenants (current and former)
- People who have applied for housing assistance
- Staff of a CHP
- Concerned members of the community
Before contacting the Registrar, try to resolve your complaint directly with the CHP. Information on how to raise a complaint should be available on the CHP's website or directly from the CHP. If the issue is not resolved, you can then lodge a complaint with the Registrar.
You can make a complaint on someone’s behalf. However, without their consent, the Registrar may be limited in what information they can provide due to privacy laws. You can also ask someone such as a friend, family member, advocate, or member of parliament to make a complaint on your behalf.
What can this body do to help?
The Registrar may provide:
- Regulatory Engagement: For minor issues, the Registrar can work directly with the CHP to fix the problem.
- Notice of Non-Compliance: If the problem is serious, happens often, involves dishonesty, or if the CHP has a history of not following the rules, the Registrar can issue a formal notice. This notice:
- Lists the problems that need to be fixed.
- Gives a deadline for fixing these problems.
- Will be delivered to other relevant authorities
The CHP may get more time to fix the issues if necessary.
- Binding Instructions: If the CHP does not fix the problems after the notice, the Registrar can issue binding instructions. These are written directions on what the CHP must do to fix the issues, such as:
- Improving board member skills or changing board members.
- Changing systems to prevent fraud or criminal conduct.
- Taking steps to avoid financial problems.
- Ensuring tenants' housing meets reasonable standards.
- Notice of Intent to Cancel Registration: If the CHP still does not fix the problems, the Registrar can issue a notice of intent to cancel the CHP's registration. This notice:
- Explains why the registration might be cancelled.
- Gives at least 14 days for the CHP to respond and fix the issues.
- Appoint a Statutory Manager: The Registrar can appoint a statutory manager if the CHP is seriously not following the rules and urgent action is needed. The statutory manager helps take control and fix the issues. This appointment usually lasts 3-6 months, but can be extended up to 12 months in complex cases.
- Cancellation of Registration: The Registrar can cancel the CHP's registration if the CHP does not fix the issues. This happens only after all tenants and housing assets are properly taken care of.
How to prepare your complaint
Format:
You can make a complaint to the Registrar either in writing or verbally.
Personal Details:
If you provide personal information, include:
- First and last name
- Age
- Contact number
- Email and postal address
You can remain anonymous, but this may limit the Registrar's ability to take action and they won't be able to contact you. Your complaint or details of it may be provided to the CHP. If you remain anonymous or request confidentiality, the CHP will not be informed of your identity.
Relevant Facts:
If making the complaint on someone’s behalf, include:
- The name of the person you are representing.
- Your relationship to them.
- Their relationship to the CHP the complaint is about.
When describing your complaint, include:
- The name of the community housing provider your complaint is about.
- Details about what the complaint is about. This includes:
- What the CHP did or did not do that was wrong.
- When, where and how it happened.
- Who was involved.
- Any other witnesses.
- Evidence and supporting documentation, such as witness statements or copies of correspondences with the CHP.
Additional Information:
Provide as much detail and supporting documents as possible. Do not make false or misleading statements, as this may be an offence.
Lodging your complaint and next steps:
You can lodge a complaint with the Registrar:
- Online: NRSCH Form - Using the online form
- Email: registrar@facs.nsw.gov.au
- Post: Registrar of Community Housing, PO Box 2236, Burwood North NSW 2134
- Telephone: 1800 330 940
What to Expect After Lodging Your Complaint:
- Initial Assessment: If your complaint is within the Registrar’s jurisdiction, a staff member will contact you to address and resolve your concerns.
- Investigation: The Registrar may investigate your complaint by asking the CHP to:
- Provide information, documents, or records.
- Arrange a meeting with a qualified officer to answer questions.
- Allow an inspection of the provider’s premises or records.
Possible Outcomes:
- The Registrar (or its delegates) will try to inform you of the investigation outcome within 30 days, but complex cases may take longer.
- You will be informed if non-compliance by the CHP is identified.
- As the Registrar does not resolve individual disputes, you may receive information on actions you can take directly against the CHP.
If you are a CHP staff member raising workplace issues, you may have whistleblower protections. Contact the Registrar or seek independent legal advice for more information.
More information:
Refer to the factsheet provided below for more information.
