RHP Appeals

The Appeal Process for the Resilient Homes Program (RHP) is outlined in the Resilient Homes Program – Program Guideline (RHP Guideline) as well as the Appeal Process Fact Sheet which is available at www.nsw.gov.au/resilienthomesprogram.

You are providing this personal information so that the Reconstruction Authority can process your application.

This information will only be used to process your application for the Resilient Homes Program, but otherwise will be kept private and confidential.  It will be stored and protected appropriate to the sensitivity of this information and will not be used for any other purpose without your prior consent.   

Your personal information will only be shared between the Reconstruction Authority, its employees, contractors and other services providers, and other NSW Government agencies, for the purpose for which you have provided it. The Reconstruction Authority will not disclose your personal information to anybody else unless required or authorised by law, such as by court order. 

The Reconstruction Authority will store and protect your personal information for record keeping purposes.  Subject to any other legal requirements regarding information retention, your information will be retained for seven years. 

More information 

This privacy notice applies only to the information you are providing in this form. If you would like to know more about how the Reconstruction Authority meets its regulatory obligations in collecting, using, sharing and storing personal and health information, you can read their complete Privacy Policy or Privacy Management Plan on Privacy policy - Department of Regional NSW | NSW Government.

You have the right to access your personal information held by or on behalf of the Reconstruction Authority, without excessive delay or expense. You also have the right to have your personal information corrected if it is inaccurate or out-of-date.   

If you would like to access or correct your personal information, please contact the Reconstruction Authority by emailing  info@reconstruction.nsw.gov.au

You may also contact the Reconstruction Authority if you have any questions about this privacy notice. 

Background 

Personal information  

Personal information is any information or an opinion about an individual whose identity is apparent or can reasonably be ascertained. 

Health information

Health information is a specific type of ‘personal information’ which may include information about your physical or mental health or disability. It includes information you provide to a health organisation, information about any health services you receive or have received in the past, and certain organ donation and genetic information.

Privacy and Personal Information Act 1998 

NSW Government Agencies must comply with the Information Protection Principles (IPPs), which are outlined in the Privacy and Personal Information Act 1998 (PPIP Act). These regulate the collection, storage, use and disclosure of personal information held by Government Agencies. 

Health Records and Information Privacy Act 2002

NSW Government Agencies, public and private health organisations and providers and large businesses that hold health information must comply with the Health Privacy Principles (HPPs), which are outlined in the Health Records and Information Privacy Act 2002 (HRIP Act). These regulate the collection, storage, use and disclosure of health information.

RHP decisions that can be reviewed or appealed

A homeowner can seek an internal review or appeal the following RHP decisions:

1. The Reconstruction Authority has decided, after assessment, that a homeowner does not qualify for assistance under the RHP and the homeowner disagrees with that assessment;
2. The Reconstruction Authority makes an offer to a homeowner under a particular RHP stream (i.e. the Home Buyback stream, the Home Raising stream or the Home Retrofit stream) and the homeowner disagrees with that allocation;
3. The Reconstruction Authority makes an offer to a homeowner under the Home Buyback stream and the homeowner disagrees with the amount of the offer; or
4. The Reconstruction Authority makes an offer to a homeowner under the Home Raising stream or the Home Retrofit stream and the homeowner disagrees with the scope of works proposed in the Reconstruction Authority’s offer. 

There are three bases on which a homeowner can appeal:

1. The homeowner has additional information which the Reconstruction Authority previously did not have at the time of the relevant RHP Decision.
2. The Reconstruction Authority had incorrect information at the time of the relevant RHP Decision.
3. Individual or exceptional circumstances apply, in accordance with the Reconstruction Authority's policy (available at www.nsw.gov.au/resilienthomesprogram).

These are described in more detail below.

Additional information which the Reconstruction Authority previously did not have.

• A homeowner may appeal if they have additional information in relation to any of the RHP Decisions which the Reconstruction Authority did not have at the time of its assessment or offer. This can include information relating to a matter outlined in the Reconstruction Authority Individual and Exceptional Circumstances Policy.
• For any appeal on this basis, the homeowner will need to provide:
• in the case of RHP Decision 1, information which the Reconstruction Authority did not have at the time of its assessment and which the homeowner says would make them qualify for assistance under the RHP;
• in the case of RHP Decision 2, information which the Reconstruction Authority did not have at the time of its offer and which the homeowner says would support a change in their stream allocation;
• in the case of RHP Decision 3, information which the Reconstruction Authority did not have at the time of its offer and which the homeowner says would support a higher offer amount than the amount in the Reconstruction Authority's offer; or
• in the case of RHP Decision 4, information which the Reconstruction Authority did not have at the time of its offer and which the homeowner says would support a scope of works which is different from the scope in the Reconstruction Authority's offer.
• The homeowner will also need to explain how and why the additional information fits within one of the four descriptions above.

Incorrect information

• A homeowner may appeal if the Reconstruction Authority had incorrect information at the time of the relevant RHP Decision.
• For any appeal on this basis, the homeowner will need to:
• identify the information which the homeowner says is incorrect;
• provide information which the homeowner says is correct and should replace the information which the homeowner says is incorrect;
• provide evidence to support the homeowner's position; and
• explain what difference the homeowner believes the correct information would make to the relevant RHP Decision.

Individual or exceptional circumstances

• There may be some circumstances where the Appeals Panel may determine that it is appropriate to reconsider an RHP Decision. These will typically only be on the basis of an "individual or exceptional circumstance".  More information on these circumstances is available in the Reconstruction Authority’s policy, available at: Internal review and appeals | NSW Government.
• When assessing the appeal, the Appeals Panel is to balance the overall objectives of the RHP (as set out in the Guideline) with the exceptional circumstances outlined above.

In these circumstances, the Appeals Panel may elect to reconsider an RHP Decision.

For submitting your Appeal

A homeowner who wishes to lodge an appeal must do so within 90 days after the day on which they received the letter from the Reconstruction Authority notifying them of the relevant RHP Decision.  

Can I extend the application timeframe for my internal review or appeal?
Late applications will generally not be accepted unless the homeowner can demonstrate there are extenuating circumstances. These extenuating circumstances must be submitted in writing by the homeowner to demonstrate why a late application should be accepted.

Internal Review

The Reconstruction Authority will advise the homeowner of the outcome of the internal review in writing.

Appeals Panel decision.

The Secretariat of the Appeals Panel will provide written advice, including reasons for the decision, to the homeowner and the Reconstruction Authority about the outcome of the appeal.