Complaints, Disputes and Nuisance

SDA-15.02 · Approved by the Director on 09/04/2023 · Updated 2 July 2026 (accessibility section added)

Overview

These procedures describe the approach of Homelander to complaints and the issues of nuisance and annoyance. Homelander is committed to maintaining a peaceful living environment for all tenants and the community. Like others in the community, Homelander tenants have the right to the peaceful enjoyment of their property and to live in peace and harmony with their fellow tenants and other people in their community (e.g. neighbours).

When disputes with neighbours are brought to Homelander's attention, Homelander will firstly encourage tenants to sort out their own problems by discussion or through mediation; if the dispute concerns a breach of the Residential Tenancy Agreement and/or SDA Service Agreement by another Homelander resident, Homelander may take action.

Obligations of Homelander and tenants

Homelander is committed to a fair and discrimination-free living environment for all tenants and will not tolerate harassment or discrimination towards any resident or resident group. This includes verbal, physical or any other form of harassment, discrimination or threatening behaviour related to racial, religious, cultural or personal differences.

While Homelander may advise tenants in dealing with disputes, Homelander will only intervene in a neighbourhood dispute or investigate allegations that involve breaches of the Residential Tenancy Agreement and/or SDA Service Agreement — that is, where the person being complained about is an SDA tenant of Homelander.

Tenants have an obligation to abide by the Nuisance and Annoyance conditions of their Residential Tenancy Agreement and/or SDA Service Agreement, including being responsible for their own conduct as well as for the behaviour of other occupants of the household and visitors to their property.

Early intervention and mediation

Early intervention practices and referral to support services where appropriate can minimise the escalation of disputes. Homelander will encourage tenants to try to resolve problems with others themselves, such as through discussion or with the assistance of mediation services. Homelander will refer tenants to Community Justice Centres for assistance when appropriate and if the parties agree to attend. Homelander will not act as an advocate or third party in such disputes.

Homelander will make information available to all tenants about how to be a good tenant and neighbour and seek to build positive relationships — through the Tenant Handbook, tenancy fact sheets, the Homelander website, tenant newsletters, and tenant outings, activities and gatherings.

Formal complaints

If a complaint or dispute is not resolved through discussion or mediation, Homelander will request the resident to formally notify Homelander of their complaint for further consideration and possible investigation. Homelander staff can assist in writing the complaint on behalf of the tenant (e.g. transcription of an oral complaint).

The complaint should include: the tenant's name and address; details of the complaint and supporting documentation; the date of the incident complained about; and the date the complaint was lodged.

Following receipt of a written complaint, Homelander will investigate promptly. Homelander will write to the tenant to acknowledge receipt within 2 working days and inform them of Homelander's intention to investigate and respond within 20 working days. Homelander may keep the tenant informed of progress during this period. During the investigation there must be no identification of the complainant to another party, unless with the written permission of the complainant.

Disputes involving Homelander tenants

Where the alleged perpetrator is a Homelander resident and the complaint involves behaviour that is persistent or intentional, represents a serious nuisance and annoyance and causes interference with the peace, comfort or privacy of others, the resident may be in breach of their Residential Tenancy Agreement and/or SDA Service Agreement.

Homelander will initiate action to substantiate any claims and may seek information from other agencies such as Victoria Police. If the complainant is at risk, they will be advised to make a formal complaint to the police. If a breach is substantiated, the tenant may first be given the opportunity to change their behaviour; for SDA tenants, Homelander will work with their service provider to address behavioural issues. Homelander may also take relevant legal action at the Victorian Civil & Administrative Tribunal (VCAT) under the Nuisance and Annoyance provisions. Where rehousing may resolve further disputes, Homelander may rehouse the resident(s).

Disputes involving non-Homelander tenants

Where a written complaint concerns a non-Homelander tenant, Homelander will establish whether it has responsibility as a landlord to intervene. If not, Homelander will point the person to available avenues: direct communication; local authorities (bodies corporate, councils); the police (particularly if at risk); and mediation processes including Community Justice Centres.

Complaint management (non-SDA related)

Homelander as the SDA provider may not be the appropriate agent for some complaints and may work with the tenant's SIL support provider(s) to resolve complaints relating to a tenant, generally by working with the provider to implement their complaint-management procedures — recognising the different roles and regulatory expectations of each provider (e.g. reportable incidents).

Related policies and legislation

Residential Tenancies Act (Vic).

SDA-15.02 · Approved by the Director on 09/04/2023 · Registered SDA Provider · No SIL · NDIS Quality & Safeguards Commission