COMPARISON OF STATE LEGAL REGULATOR REFERRALS TO THE TRIBUNAL

8.00

Refferal Rates %
7.00

7.2876

7.2876

7.2876

6.15 6.00 5.6056

5.00

4.76

4.55 3.83

4.5617

4.00

3.00

2.9326 3.01 2.3315

2.00

1.93 1.6542

1.76

1.00
0.5102

0.94 0.27

0.00

STATSICALLY FOR EVERY 1 PRACTITIONER REFERRED BY STEVE MARK TO THE TRIBUNAL EACH STATE REFER 14 PRACTITIONERS!
AV Number of Complaints Received Per Year
Commissioner's State

Av Number of Complaints Referred to

Tribunal Per Year

% of Complaints Referred to Tribunal Per Yr

Percentage of referral rates higher than OLSC NSW

Number of Years Data extracted from State Regulators'

Annual Reports

SA TAS WA QLD VIC NSW Total LS/BAR OLSC NSW

302.4 105 1168.5* 1168.5* 1914.4* 2659.8 597.3 2062.5

18.6 5 25.6 25.6 36.4 25.7 20 5.7

6.15% 4.76% 4.55% 1.93%* 1.76%* 0.94% 3.01% 0.27%

2277% 1762.00% 1685%* 714.00% 651%* N/A 1114.00% N/A

5 years 2 years 7 years 6 years 5 years 10 years 10 years 10 years

SA= SOUTH AUSTRALIA TAS = TASMANIA WA = WESTERN AUSTRALIA QLD = QUEENSLAND VIC = VICTORIA NSW = NEW SOUTH WALES LS/BAR= NSW LAW SOCIETY AND NSW BAR ASSOCIATION

Data Compiled from each States annual reports (viewable online) * Most Conservative figure Note: Highest referral states South Australia, Tasmania, WA are boards and have oversight of complaints Note the Tasmania figure is lower than it should be as 10 practitioners were referred in the first 18 months of the Board operating (calculated conservatively over 2 years)

6. NSW . NSW OLSC received 26,598 written complaints in 10 years. . OLSC NSW dealt with 20,625 complaints and the Law Soc/Bar Ass NSW dealt with a total of 5973 in 10 yr . Steve Mark referred 57 practitoners to the Tribunal from 20,625 cases dealt with (0.27% referral rate). . Law Soc / Bar Assoc have referred 200 cases to the ADT from 5973 giving them a referral rate of 3.01%. . NSW - lowest state Tribunal referral rate of 0.94% & Steve Mark's 0.27% referral rate the lowest amongst all the legal regulators . Mr Mark deals with 2062 written complaints per year whilst Tas deal with 105 written complaints

From the graph above, it is clearly seen that NSW data is skewed and is an outlier compared to all other states. The other States & their number of referrals versus their population density, anomaly due to the fact that NSW is the most denselydiffer from This is a statistical it is seen that the number NSW referrals significantly populated the other states andhas the highestaverage state Tribunal. state in Australia, it the Australian number of legal professionals working and recieved the highest number of complaints per year. Statistically NSW should have more referrals then the next largest populated state Victoria (1.76%). Thus there is a quite obvious bias in the NSW referrals system process.

On dealing with decisions on whether or not to refer a complaint Commissioner Steve Mark has only decided to refer 0.27%. Which means that he has executed a 99.73% accuracy in deciding if the complaint is to be refered or not. At 99.73% it means Commissioner Steve Mark has a 3 Sigma* level of decision making and thus only gets 1 decision incorrect out of every 2700 decision made. Which roughly works out that he only makes 1 Steve Mark is making decisions per year. human behavior and Since Commissioner mistake in the decision process based on human errors it is extremely improbable that he could have 99.73% accurate decision based process as the variance in human behavior & error is much greater than then that of 99.73, generally estimated to be 95%. Even the most stringent of Hospitals and Laboratories where doctors are making life and death decisions and using calibrated equipment, SOPs, Risk based analysis stats tools, working in teams to assure correct decisions made and having consistent training, only have an estimated 95 to 98 % accurate level.

States

Referral Rates % 6.15 4.76 4.55 3.83 3.01 1.93 1.76 0.94 0.27

SA TAS WA AV STATE TRI LS/NSWBA QLD VIC NSW TOTAL

Population at end Mar qtr 2011 1.6542 0.5102 2.3315

2.9326
7.2876 4.5617 5.6056 7.2876 7.2876

OLSC NSW

0.2689756 0.1071849 0.5124176 0.7656919 2.4211296 2.3635751 3.185 7.752766 26.991111

AVERAGE STATE TRIBUNAL RATE

(A sigma quality level offers an indicator of how often defects are likely to occur, where a higher sigma quality level indicates a process that is less likely to create defects. Consequently, as sigma level of quality increases, product reliability improves, the need for testing and inspection diminishes, work in progress declines, cycle time goes down, costs go down, and customer satisfaction goes up.) http://www.pqa.net/ProdServices/sixsigma/W06002002.html

Data extracted from

versight of complaints in the first 18 months

th a total of 5973 in 10 yr (0.27% referral rate). a referral rate of 3.01%.

5 written complaints