Bradley v Commissioner for Social Housing in the Act (Administrative Review)

The case before the tribunal was between Bradley and the Commissioner for Social Housing in the ACT. The dispute arose from a decision by the Commissioner to remove the applicant’s name from the priority housing list on the register. The applicant sought review of this decision, contending that it was unlawful and should be set aside. The applicant argued that her name should remain on the priority housing list for the purpose of a rental transfer to a two-bedroom social housing unit in the City or Belconnen area. The tribunal was required to determine whether the decision to remove the applicant's name from the priority housing list was lawful and if the applicant's needs and preferences had been properly considered.

The primary legal issue was whether the Commissioner had correctly exercised his powers under the relevant legislation in removing the applicant from the priority housing list. The applicant argued that the Commissioner had not properly considered her needs and preferences, and that there were valid offers for rental transfers that should have been taken into account. The tribunal had to assess if the Commissioner's decision was made in accordance with the statutory requirements and if it was reasonable in the circumstances.

In reviewing the decision, the tribunal found that the Commissioner had failed to properly consider the applicant's needs and preferences and had not adequately assessed the number of valid offers for rental transfers. The tribunal concluded that the decision to remove the applicant’s name from the priority housing list was not in accordance with the relevant legislative provisions. As a result, the tribunal set aside the decision and ordered that the applicant's name be returned to the priority housing list with effect from 27 March 2006 for a two-bedroom social housing unit in the City or Belconnen area.

The tribunal's final orders were that the decision dated 5 September 2014 to remove the applicant's name from the priority housing list was set aside. The tribunal ordered that the applicant's name be returned to the priority housing list for the purpose of a rental transfer to a two-bedroom social housing unit in the City or Belconnen area, effective from 27 March 2006.