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Annual Report for the year ended 30 June 2009 - Health and ...

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STATEMENT OF SERVICE PERFORMANCE<br />

Output 4: Proceedings<br />

<br />

Per<strong>for</strong>mance<br />

Measure<br />

Decision to prosecute<br />

1. 80% of decisions are made within<br />

2 months of referral.<br />

Compliance with directions<br />

2. 100% compliance with Tribunal/<br />

Court directions.<br />

Successful proceedings<br />

3. A finding of professional<br />

misconduct is made in 75% of<br />

disciplinary proceedings.<br />

4. A breach of <strong>the</strong> Code is found in<br />

90% of HRRT proceedings.<br />

5. An award of damages is made in<br />

80% of cases where damages are<br />

sought.<br />

6. 75% of costs awarded are<br />

recovered.<br />

Target Date<br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

<strong>30</strong> <strong>June</strong> <strong>2009</strong><br />

Actual<br />

Target not achieved. 64% (14 out of<br />

22 decisions) were made within 2<br />

months of referral. In each instance<br />

where a decision was not made within<br />

<strong>the</strong> two-month timeframe this was<br />

due to an extension being granted to<br />

<strong>the</strong> respective provider so that fur<strong>the</strong>r<br />

in<strong>for</strong>mation could be provided prior<br />

to a decision being made, or because<br />

<strong>the</strong> DP required fur<strong>the</strong>r in<strong>for</strong>mation<br />

<strong>and</strong>/or expert advice be<strong>for</strong>e a decision<br />

could be made.<br />

Target achieved. 100% (36 out of<br />

36) compliance with Tribunal/Court<br />

directions.<br />

Target not achieved. A finding<br />

of professional misconduct was<br />

made in 66% (6 of 9) of disciplinary<br />

proceedings.<br />

Target achieved. A breach finding<br />

was made in 100% (1 of 1) HRRT<br />

proceedings.<br />

Target achieved. Award of damages<br />

achieved in 100% (1 of 1) of cases<br />

where sought.<br />

Target not achieved. Despite<br />

reasonable ef<strong>for</strong>ts to recover costs<br />

where appropriate, 28% (2 of 7)<br />

of costs awarded were recovered.<br />

Since recovery is largely dependent<br />

on means of debtor, <strong>and</strong> given <strong>the</strong><br />

additional costs involved in protracted<br />

en<strong>for</strong>cement, this is an area where<br />

variance in results from <strong>year</strong> to <strong>year</strong> is<br />

to be expected.<br />

50 E.17

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