Tabled Paper - Parliament of Western Australia

This report highlights the significant changes which have been made to the Committee's
operations during the year. The results of these changes are already evident. Most notable is
that the number of outstanding complaints as at 30 June 2011 was 188 less than the same time
last year. This was due in part to the greater number of complaints which were finalised during
the year (540 as compared to 476 last year) and also due to the operation of the newly formed
Rapid Resolution team with its focus on the quick resolution of complaints raising minor concerns.
Trends or special problems
The number of matters referred to the State Administrative Tribunal (SAT) was similar to the
previous reporting year, but more Applications were finalised (39 compared with 26). However,
there was an increase in the number of matters which went to hearing rather than being finalised
by way of consent orders. In the 2009-10 year, 69% were finalised by consent orders compared
to 45% this year. Taking matters to defended hearings places a heavy burden on the Committee's
time and resources.
In addition, the number of complainants seeking a review by SAT of the Committee's decision to
dismiss their complaints continues to rise (24 compared to 13 last year). All the review
Applications finalised during the year were either dismissed or withdrawn.
Forecast of Committee's workload
The Committee's workload is anticipated to continue to grow, particularly the workload of the
Rapid Resolution team as its work becomes better known in the profession and in the community.
Many practitioners are now using the skills of the Rapid Resolution team members to assist with
the resolution of disputes with other practitioners. Previously, many of these disputes would not
have been brought to the Committee's attention due to the reluctance of practitioners to become
involved in formal complaint investigations. By bringing these matters to the Committee's
attention, it assists the Committee to raise the standards in the profession.
The Committee's workload in providing education about professional obligations is likely to
increase. The Committee's staff are receiving an increasing number of requests to give
presentations. The Committee's staff are also committed to travelling to the regional areas of the
State to give presentations to practitioners about complaint handling and ethical issues and to
discuss any relevant local issues and concerns being encountered. In addition, the Committee is
seeking the opportunity to address final year law students at each of the universities to discuss
their professional and ethical obligations as practitioners.
Proposals for improving the operations of the Committee
The Committee has gone through a period of major change. In the year ahead, it is proposed to
consolidate those changes and to continue to improve the time taken to deal with complaints.
The operation of the Investigation team will be reviewed to examine whether any improvements
can be made to the way investigations are carried out. As part of that review, it is also proposed
to prepare guidelines for the commencing of disciplinary proceedings.
1