PESI & COMMISSIONER for SOCIAL HOUSING in the ACT (Residential Tenancies)

PESI, an applicant, sought leave to appeal an ex parte decision of the Commissioner for Social Housing in the ACT in relation to residential tenancies. The applicant contested the Commissioner's decision to refuse an application for an extension of time to lodge an appeal from the ex parte orders. The ACT Civil and Administrative Tribunal was the court involved.

The tribunal had to determine whether the applicant was granted leave to appeal the decision made on 20 February 2012, and if so, whether the appeal should be heard as a review of all or part of the original hearing. The tribunal also needed to decide on the admissibility of new evidence that might be provided by the applicant.

The tribunal granted the applicant leave to appeal the decision made on 20 February 2012, pursuant to Rule 14(1) of the ACT Civil and Administrative Tribunal Procedure Rules 2009 (No. 2). The tribunal further decided that the appeal should be heard as a review of all of the original decision, with the provision that any new evidence provided is limited to the objective circumstances surrounding the decision at the time it was made. The tribunal also ruled that appeal matter AA 12/31 should be heard as a review of all the original decision made on 24 May 2012.

The tribunal made an order granting the applicant leave to appeal the decision made on 20 February 2012, and that the appeal matter be heard as a review of all of the original decision, with the provision that any new evidence provided is limited to the objective circumstances surrounding the decision at the time it was made. Additionally, the tribunal ordered that appeal matter AA 12/31 be heard as a review of all the original decision made on 24 May 2012.