Tabled Paper - Parliament of Western Australia

4.1 COMPLAINT HANDLING PROCESS
The way complaints are handled by the Committee underwent a major restructure during
the year with the formation of the Rapid Resolution team. The aim of the restructure was
to provide a more efficient complaint handling service.
The majority of all new complainants now speak to a legal officer in the Rapid Resolution
team. This contact may be initiated in a number of ways, for example, by:
the complainant telephoning the Committee's office
the complainant submitting a Complaint Enquiry Form, available on the
Board's website, which provides contact details to enable the Committee
to telephone the complainant
the Committee contacting the complainant after receiving a written
complaint or inquiry.
The only time telephone contact is not made at the outset is if a written complaint is
received which raises a serious conduct issue with supporting evidence. These complaints
are referred direct to the Investigation team.
The purpose of the telephone contact is to enable the legal officers to discuss with the
complainants their concerns in order to clearly identify the conduct complained about and
what evidence may be available to support their complaint. Many complainants find it
easier to explain their concerns orally than to have to reduce them to writing. The legal
officers also take this opportunity to discuss with the complainants their expectations
about the complaint process to ensure that they do not have unrealistic expectations in
that regard.
Some complaints can be easily resolved during this initial telephone contact by the legal
officer explaining the legal system and the nature of practitioner's ethical obligations. On
other occasions, more information is needed and complainants are asked to send in
documents to assist the legal officers to make an initial assessment of the seriousness of
the complaint. Sometimes, complainants are asked to meet with the legal officers with
their documents in order to discuss their concerns further.
Practitioners are contacted very early during this process and advised of the complaint.
Information is often sought from them to assist in the initial assessment process.
Once a legal officer has enough information, an assessment will be made as to whether
the conduct complained about raises an issue which, if proved, may amount to
unsatisfactory professional conduct or professional misconduct (a conduct issue). The legal
officer will discuss this assessment with the complainant and give the complainant an
explanation of the reasons for the view taken. Sometimes, some of the concerns raised by
a complainant will raise a conduct issue and others will not. The legal officer will also