Code of Practice for Housing Associations

The Code of Practice for Housing Associations has been developed by the NSW Federation of Housing Associations in consultation with our membership as a statement of the standards that the community housing sector has set for itself in the conduct of community housing management.

The purpose of the code is to set out key principles which can be used by boards of management, employees, tenants, local communities and funding agencies to assess the practices of community housing associations.

The Code of Practice offers tenants & applicants an avenue for complaints. If you're interested in helping to investigate complaints, you might like to nominate for our register. 

To find out how to make a complaint, please contact Ellen Adele:
(Note: in order to make a complaint, the housing association must be signed up to the code.)

email: ellen@communityhousing.org.au
Ph: (02) 0281 7144 (ext. 201)

Housing associations who have signed up to the Code of Practice

Argyle Community Housing Association Inc.
Canterbury-Bankstown Community Housing Co-op
Central Tablelands Housing Association
Coastal Community Tenancy Scheme
Community Housing Lower North Shore
Community Housing Mid North Coast
Deniliquin Community Tenancy Scheme
Eurobodalla Community Housing
Garrigal Housing Association
Homes North Community Housing Company
HUME Community Housing Association
Illawarra Community Housing Trust
Lithgow Community Tenancy Scheme Inc.
Marrickville Area Community Housing Co-op
Monaro Tenancy Scheme Ltd
Narrabri Community Tenancy Scheme
Newmacq Community Housing Co Ltd
Pacific Link Community Housing Association
Queanbeyan Community Housing Ltd
Sapphire Coast Tenancy Scheme
Shoalhaven Community Housing Scheme
South West Community Housing Associations
St George Community Housing Co-op
Tamworth Community Housing Association
Upper Hunter Tenancy Scheme
Wellington Community Tenancy Scheme
Wentworth Area Community Housing
Western Plains Housing Scheme
Western Suburbs Housing Co-operative
Women's Housing Company

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Frequently Asked Questions about the Code of Practice:

1. Purpose

2. What are the Code of Practice protocols?

3. Who administers the Code of Practice?

4. How are complaints received?

5. When is a complaint investigated?

6. Confidentiality

7. How are complaints investigated/reported?

8. Who investigates complaints?

9. Can decisions about complaints be appealed?

The following information clarifies the how the Code of Practice is used as a complaints process for tenants, applicants, board and staff members of housing associations and other bona fide community representatives.  It answers questions that you might have about the administration of Code of Practice.    back to table of contents

The Code of Practice Administrative Protocols are designed to guide the administration of the Code of Practice for Housing Associations. The purpose of the protocols is to ensure fair, transparent and consistent implementation of the Code of Practice, including complaints made against associations that have signed up to the Code.  back to table of contents
 

The Code of Practice is administered by the Code of Practice Committee, which is a sub-committee of the Board of the NSW Federation of Housing Associations.  The Board appoints 3 members of the Board to the Code of Practice Committee: 1 Convenor and 2 ordinary members.  
The Code of Practice Committee is accountable to the Board.  It reports to each meeting of the Board, and provides an Annual Report to the Board and housing association boards of management at the end of each financial year.  back to table of contents
 

Complaints under the Code of Practice are directed initially to the Federation.  Once Federation staff receive the complaint they can assist the complainant to complete the Complaint Form. 
The housing association against which the complaint is made must be signed up to the Code of Practice for a complaint to be heard.  Further, the association must have been signed up to the Code when the activity causing the complaint occurred.  If the association has not signed up to the Code, the complaint cannot be heard.  

Where appropriate, the complainant should have already attempted to have their complaint resolved using the internal complaints mechanism of the housing association before a formal complaint is lodged using the Code.
 
Complaints can be received from:
-  tenants of the association
-  applicants of the association
-  board members of the association
-  staff members of the association
-  other bona fide community representatives.
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Once received, Federation staff forward the completed Complaint Form to each member of the Code of Practice Committee as soon as possible.  The name and contact details of the complainant are removed if the complainant wishes.  The Committee meets to determine whether the complaint can be investigated, and to select an investigation panel if necessary, as soon as possible after receiving the complaint.
 
A complaint will be investigated provided that:
-  it relates to a breach of at least one of the principles within the Code of Practice
-  the complainant has attempted to have the complaint resolved using the internal complaints mechanism of the housing association, where appropriate
-  the housing association against which the complaint is made has signed up to the Code of Practice and was signed up to the Code when the activity causing the complaint occurred.  
In cases where the Committee determines that the complaint can be investigated, the Committee selects a 3-member investigation panel from the Panel Eligibility List.  At least 1 member of the investigation panel is to be a tenant or independent.  The Committee specifies which panel member is the Chair of the Panel.
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The investigation panel, Code of Practice Committee, Federation Board and staff of the Federation are bound by confidentiality in relation to each complaint, unless the action recommended by the investigation panel is such that information has to be divulged.  The name and contact details of individuals remain confidential.  The name of the housing association against which the complaint is made is revealed to the Code of Practice Committee, to enable members of the Committee to declare any conflict of interest in the matter.  The name and contact details of both parties are not reported to the Board.   back to table of contents
 

The investigation panel is guided by the need to resolve problems and find the most appropriate outcome for both the complainant and the housing association, within the parameters of the Code and the association’s own policies.  The panel has the power to recommend that associations take remedial action to address breaches of the Code of Practice.  

On completion of the investigation the Chair of the panel forwards a draft report to the Code of Practice Committee.  The draft report includes:
-  description of the complaint
-  details of the investigation, including summary of interviews
-   list of materials read/sighted
-   recommendations for the association
-   recommendations for the Code of Practice
-  follow up action to be undertaken by the Code of Practice Committee, including a timeline for this action
The Code of Practice Committee and investigation panel meet to discuss the draft report and recommendations.  Once finalised, the Code of Practice Committee forwards the report to the complainant and association.  Both parties are invited to respond in writing to the report and recommendations, addressing comments to the Convenor of the Committee.  Both parties are also advised of the procedure for appealing against the investigation report and recommendations.
In cases where there are recommendations for the association, the association is advised of the resources and training available from the Federation and elsewhere to assist the association to comply with the recommendations.
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The investigation panel is appointed by the Code of Practice Committee from the panel eligibility list consisting of:
-  at least 7 members
-  at least 2 tenants of housing associations
-   at least 2 independent members, not connected to any housing association
-  at least 3 members from housing associations, which can include staff, volunteers and board members.
Members of the Board, staff of the Federation, and staff of the Department of Housing including the Office of Community Housing are ineligible for the List.  Members of the Panel Eligibility List are appointed by the Code of Practice Committee.  The Committee advertises widely for interested individuals to nominate themselves for the List.  Nominees are invited to contact Federation staff for further information.
 For more information on the selection criteria for the Panel Eligibility List contact Ellen Adele at the Federation on 9281-7144 (ext 201).

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Appeals to the Code of Practice Committee
The report and recommendations of the investigation panel can be appealed by either the complainant or the association.  Appeals must be made in writing, within 14 days of receiving the investigation report.  Appeals are directed to the Convenor of the Code of Practice Committee.  The Committee meets to determine whether the appeal can be heard.
Appeals can be heard on the grounds that:

-  the report or recommendations contravene the Code of Practice
 -  the report or recommendations contravene the Code of Practice Administrative Protocols
-  the investigation did not comply with the principles of natural justice
-  the complaint requires further investigation
In cases where the appeal cannot be heard, the Convenor of the Committee informs the appellant and offers them the opportunity to lodge another appeal addressing the appropriate criteria.
Appeals are heard by the Code of Practice Committee.  A member of the Committee does not participate in hearing an appeal where they have a conflict of interest.
On completion of the appeal, the Convenor of the Committee informs both parties in writing of the Committee’s decision.  Both parties are also advised of the procedure for further appeals.
 
Further Appeals to the Federation Board
The decision of the Code of Practice Committee can be further appealed by either the complainant or the association.  An appeal can be lodged against the Committee’s decision:
-  in an appeal case
-  that a complaint cannot be heard.
Appeals to the Board must be made in writing, within 14 days of receiving the decision of the Code of Practice Committee.  Appeals are directed to the Executive Director of the NSW Federation of Housing Associations and must state the grounds for the appeal.  The Board hears the appeal at the next scheduled meeting.  The President of the Boardinforms both parties in writing of the Board's decision.

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