If you receive a decision relating to your application for the First Home Owner Grant (FHOG) that you disagree with, you can lodge an objection.
What is an objection?
An objection is a formal process for resolving disputes between you and us about our decision. You can lodge an objection if you disagree with our decision to:
- refuse payment of the FHOG
- reverse or vary an earlier decision regarding your FHOG application
- require you to repay a FHOG
- impose a penalty.
Lodge an objection
As an objection is a more formal process, there are certain rules you must follow when you lodge an objection:
- Your objection must be in writing.
- You must state the grounds for your objection fully and in detail, clearly identifying the decision you are objecting to and your grounds for disputing it.
- You must include relevant documentation supporting your grounds of objection. Depending on your circumstances and the objection, these could include utility notices or an insurance policy for content insurance which establish your residency at a particular property.
When should I lodge?
Your written objection must be lodged with us within 60 days after the date of the notice of the decision.
Objections lodged out of time
If you want to lodge an objection outside the 60-day time period, you must write to us requesting permission to lodge an out-of-time objection.
Your application must detail the circumstances and reasons that prevented you from lodging your objection within the 60-day time period, and include any relevant supporting documentation.
Our decision to grant or refuse permission to lodge an objection outside the 60-day period is made by a person independent of the original decision-maker. It will be based on information provided by you as well as other information available to us.
If we refuse permission to lodge an out-of-time objection, we will advise you in writing and provide you with reasons for our decision.
Determinations
Your objection will be dealt with by a person independent of the original decision-maker.
They will use the information provided by you, as well as information from other sources such as the Australian Taxation Office and revenue offices from other states and territories, to make their decision.
You will receive a written notice of determination on your objection. If your objection is disallowed or only partly allowed, we will provide you with reasons for our decision.
If you are dissatisfied with our determination, or if we do not make a determination within 90 days of receiving your objection (not including any period of suspension), you have the right to refer the matter to the Victorian Civil and Administrative Tribunal (VCAT) for review.
Refer to our information on FHOG appeals for guidance.
Payment pending a decision
We will not make a demand for payment while an objection to a FHOG decision is being considered. However, if you do not repay the FHOG or an associated penalty amount, interest will accrue on the outstanding amount calculated at the market and premium rates.
If your objection is unsuccessful, you must pay the outstanding FHOG amount and penalty (if any) as well as the accrued interest.
Dispute resolution
Alongside the formal processes available to you, we are open to resolving disputes through early and informal negotiations and dispute resolution.
Entering into informal dispute resolution processes does not affect the statutory timeframes applying to your matter. In the event we cannot resolve the dispute informally, it is important that you exercise your statutory rights within the legislative timeframes.
