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/Factsheet_print/Tenants_and_home_owners/Loose_fill_asbestos_insulation/Information_for_residents_of_affected_properties/_Appeals_feedback_and_complaints.pdf
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Standard fact sheet.

Appeals, feedback and complaints 

For the Loose-fill Asbestos Insulation Voluntary Purchase and Demolition Program 

Appealing a decision or providing feedback on the Voluntary Purchase and Demolition Program (the Program) can be done at any stage of the Program. The way feedback or appeals are handled will depend on the nature of the matter.

There are five different kinds of appeals or feedback:

An appeal of a request for financial assistance  

An owner or resident who wishes to have a decision reviewed on their eligibility for financial assistance under the Program can complete the Financial Assistance - Request to Review a Decision form and submit it to NSW Fair Trading.

The Commissioner for Fair Trading will conduct an internal review of a decision made under the Program about the eligibility of an owner or resident for financial assistance.

Written notice of each decision will be provided to the person seeking the review. Reviews will be conducted within 28 days of a request being received.

Download a copy of the Financial Assistance - Request to Review a Decision form (PDF size: 616kb) from the NSW Fair Trading website.

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An appeal of an operational decision 

Those wishing to appeal a decision about an operational issue under the Program can complete the Request to Review an Operational Decision form and submit it to NSW Fair Trading.

The Commissioner for Fair Trading will conduct an internal review of a decision made under the Program about an operational issue. Written notice of each decision will be provided to the person seeking the review. A review will be conducted within 28 days of a request being received.

Download a copy of the Request to Review an Operational Decision form (PDF size: 612kb) from the NSW Fair Trading website. 

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An appeal of the valuations 

Owners are made an offer based on the average of two independent valuations. Where an owner disputes the amount they will be offered, they have the option to seek a review, at their own cost, through an independent valuer appointed by the Australian Property Institute.

This is called a Presidential Determination, the cost of which is currently $990. Some properties may incur a higher fee.

This result of the Presidential Determination is the final offer the Government will make and property owners are bound by the outcome i.e. owners cannot choose to accept the original offer.

Owners should speak with their case manager if they wish to apply for a Presidential Determination.

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An appeal of a listing on the Loose-fill Asbestos Insulation Register 

Residential premises that have been verified by a licensed asbestos assessor and a NATA-accredited laboratory to contained loose-fill asbestos insulation (LFAI) are to be listed on the Public Register of Affected Properties (the Register), as required under section 119B of the Home Building Act 1989 (the Act).

Residential premises may also be listed on the Register if the Secretary is satisfied that there is substantial evidence that LFAI is present at the premises under clause 68B of the Home Building Regulation 2014.

Once a premises is added to the Register, it may only be removed or edited if the Secretary (or delegated officer) is satisfied that the premises:

  • has been demolished and the land remediated
  • particulars are false, erroneous or misleading
  • was erroneously included in the Register.

Owners who wish to appeal a listing of their property on the Register can complete the Loose-fill Asbestos Insulation Register - Request for Internal Review form and submit it to NSW Fair Trading.

The Commissioner for Fair Trading will conduct an internal review of a decision made under the Program about the listing of a property on the Register.

Written notice of each decision will be provided to the person seeking the review. Reviews will be conducted within 28 days of a request being received.

An owner or resident that is dissatisfied with the results of a review conducted by the Commissioner for Fair Trading can apply to the Supreme Court of NSW for judicial review. An application for judicial review must be filed within 28 days of receiving a decision from the Commissioner for Fair Trading.

For more information on the operations of the Supreme Court, including fess or to obtain application forms, contact the Supreme Court Registry on 1300 679 272, or through the Supreme Court of NSW website.

Download a copy of the Register of Loose-fill Asbestos Insulation Register - Request for Internal Review form (PDF size: 729kb) from the NSW Fair Trading website.

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Assistance from the NSW Ombudsman  

An owner or resident may also seek advice from the NSW Ombudsman about a decision. The NSW Ombudsman can investigate the conduct of government agencies if it is alleged to be:

  • illegal
  • unreasonable, unjust or oppressive
  • improperly discriminatory
  • based on improper motives or irrelevant grounds
  • based on a mistake of law or fact
  • the conduct is otherwise wrong.

Investigation by the NSW Ombudsman is free. For more information please contact the NSW Ombudsman on (02) 9286 1000.

Customer feedback 

Suggestions, compliments or complaints about a service or experience with NSW Fair Trading can be lodged online or by mail.

Visit the Feedback page on our website to complete the Customer feedback form (also available in six community languages).

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