Annexure 1

8.00

Comparison of Independent State Legal Regulators Legal Practitioner Tribunal Referral Rates
Refferal Rates % State Population (Millions)

7.3489

7.00

6.00
5.53

5.6796

5.00 4.24 4.00 3.48 3.20 3.00 2.4727 2.2245 2.00 1.92 1.6622 3.79 3.7144

4.6109

1.00 0.5124

0.86

0.00

Western Australia

Tasmania

South Australia

Average State Average State Tribunal (ex Victoria Tribunal (ex OLSC LSC & OLSC NSW) NSW)

Queensland

Victoria*

OLSC NSW

Data Compiled from each Australian State Commissioner / Boards annual reports (viewable online)

STATSICALLY FOR EVERY 1 PRACTITIONER REFERRED BY COMMISIONER STEVE MARK TO THE TRIBUNAL EACH STATE COMMISSIONER OR BOARD REFER 10 PRACTITIONERS! Please see page 2 and 3 below
1

Average number

Average number of practitioners referred to Tribunal Per Year

Percentage of practitioners referred to Tribunal per year from complaints

Percentage of referral rates higher than OLSC NSW

Number of years data extracted from state regulators annual reports

Commissioner's State

of complaints received per year

Western Australia LPCC Tasmania LPB South Australia LPCB State Average (excl. Victoria and OLSC NSW State Average (excl. OLSC NSW) Queensland LSC Victoria LSC## OLSC NSW

419.4 94.2 315.8 437.5 684.3 920.5 1672 2075

23.2 4 13.2 14.5 14.5 17.7 14.4 6.7

5.53% 4.24% 3.48% 3.79% 3.20% 1.92% 0.86% 0.32%

1728% 1381.00% 1087.00% 1034.00% 1000.00% 600.00% 268% N/A

9 years 4 years 5 years 6.5 years 6.6 years 8 years 7 years 11 years

NOTE Victoria LSC*: Tribunal referral rate is likely to be far higher; In 2009 Victoria Legal Services Commissioner, Victoria Marles, resigned after the Victorian Ombudsman detailed 95 complaints in his 2009 report that pointed to "systemic failure" in dealing with complaints (Reference: Paragraph 6, page 21 of the Victorian Ombudsmans Annual Report 2008/09. Online: http://www.ombudsman.vic.gov.au/resources/documents/ov_annual_report_0809.pdf ) Note: Highest referral states WA, Tasmania, South Australia are boards and have oversight of complaints EXPERT STATISTICIAN STATES: "From the graph above, it is clearly seen that OLSC NSW data is skewed and is an outlier compared to all other states. The other states & their number of referrals versus their population density, it is seen that the number OLSC NSW referrals significantly differ from the other states and the Australian average state Tribunal. This is a statistical anomaly due to the fact that NSW is the most densely populated state in Australia, it has the highest number of legal professionals working and handled the highest number of complaints per year. 2