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