Adapting To and Bringing About Change Case study

Adapting To and Bringing About Change Case study: Victorian Civil and Administrative Tribunal Justice Greg Garde AO RFD

About VCAT

VCAT’s Vision and Values Our Vision: Ø to serve the community by resolving disputes in a timely, cost effective and efficient way Our Values: Ø fairness, Ø professionalism, Ø integrity, Ø impartiality, Ø Ø independence, efficiency, approachability, accessibility. 3 Adapting to and bringing about change

VCAT’s Role Ø One ninth of Victoria’s residential tenancies come to VCAT annually Ø Appoints guardians and administrators where needed • • Power of attorney Elder abuse Ø Civil claims, consumer claims and small claims Ø Oversight of owners corporations Ø CBD, suburban and rural land use and amenity • Ø Ø $10. 25 bn in development approvals in FY 16/17 Environmental approvals Domestic building and property disputes Oversights health practitioners, legal professionals and many others Upholds human rights 4 Adapting to and bringing about change

VCAT Snapshot 2016/17 Ø 228 members, 218 staff Ø Ø 84, 878 cases finalised Ø 56% resolution rate for compulsory conferences and Ø mediations Ø Ø 4. 1 million pages viewed online Ø Ø 208, 146 calls answered 5 Presentation to the Chief Justice of Victoria 179, 037 incoming emails handled 24, 628 CBD counter enquiries 58 hearing venues across Victoria 1685 interpreter sessions

VCAT’s Caseload 2016/17 Cases lodged • 86, 461 Cases finalised • 84, 878 Cases pending • 8, 288 6 Presentation to the Chief Justice of Victoria

VCAT’s Caseload 2016/17 VCAT Initations 2016/17 (Other Lists) 2, 000 1, 856 1, 800 1, 600 1, 400 1, 200 994 1, 000 800 600 334 400 200 68 0 Building and Property 7 Presentation to the Chief Justice of Victoria Review and Regulation Human Rights Legal Practice

Adapting to and bringing about change internally and externally

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VCAT Design Principles Does the process or system improve…? CUSTOMER MEMBER STAFF ORGANISATION Ø Improve accessibility to services Ø Improve user friendliness of customer service processes Ø Advance first time query resolution (regardless of enquiry channel) Ø Minimise customer time and effort Ø Increase end-to end case ownership by VCAT Ø Promote alternative dispute resolution Ø Support timely resolution of cases Ø Support effective decision making Ø Encourage knowledge sharing across VCAT Ø Facilitate appropriate information management Ø Support process compliance Ø Empower staff to resolve customer issues Ø Add value to the customer’s experience Ø Reduce unnecessary complexity Ø Make best use of staff skills and capabilities Ø Give opportunities for Professional Development Ø Facilitate the triaging of queries Ø Increase VCAT’s capacity to deal with its diverse customer base Ø Encourage consistency of approach Ø Reduce the number of touch points Ø Create opportunities to re-use data Ø Deliver increased Tribunal efficiency Ø Reflect current requirements and contemporary tribunal practices Ø Use plain English 10 Adapting to and bringing about change

New jurisdictions to be conferred Ø Ø Ø Firearms licencing and control orders Assisted dying – residency and capacity Medical treatment plans Essential services Fishing licences 11 Adapting to and bringing about change

Customer Service Improvement Program (CSIP) Ø Multi-year program involving three key projects: 1. Process review project: standardisation and streamlining of key end to end processes and documentation of related procedures 2. Single phone number and integrated customer services project – Completed August 2017 3. Customer service framework project: a customer service policy, a revised complaints policy, a revised customer service commitment, annual customer satisfaction surveys, and benchmarking of VCAT’s customer services with that of other tribunals and similar or related organisations. Ø 2017 customer survey showed 85 per cent satisfaction with VCAT services 12 Presentation to the Chief Justice of Victoria

Access to Justice Review 2016 VCAT’s Role Ø Provide expanded ADR services • Expand short mediations and hearing program (SMAH) • Facilitate best practice in ADR Ø Develop and trial an online system for the resolution of small civil claims • Introduce legislation to facilitate the use of online dispute resolution (ODR) Ø Increase threshold amount for small civil claims to $15, 000 Ø Simplify service requirements for small civil claims at VCAT • Remove requirement for applicants to serve supporting documentation Ø Make the enforcement of VCAT orders simpler by amending the VCAT Act Ø Improved support self-represented litigants • Establish a Self Representation Service, to be administered by a not-for-profit organisation. 13 Presentation to the Chief Justice of Victoria

Measures of success Ø Finalising cases within agreed timeline targets Ø Review of performance data Ø Customer satisfaction surveys and complaints programs Ø Reporting tools: q Independent review q Tribunal Excellence Framework Assessment - an assessment again eight key areas: • • Independence Leadership Fair treatment Accessibility q VCAT Annual Report 14 Adapting to and bringing about change • • Professionalism and integrity measures Accountability Efficiency Client needs and satisfaction

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VCAT Customer Satisfaction Survey Purpose: Ø Measure satisfaction with services Ø Develop understanding of the diversity of VCAT’s customers Ø Inform service improvements which are responsive to customer’s needs; and Ø Meet criteria for tribunal excellence under the Australian and New Zealand Framework for Tribunal Excellence (ANZFTE). The survey took place over five days in June 2017 at 27 VCAT hearing venues. 16 Adapting to and bringing about change

VCAT Customer Satisfaction Survey Key findings: Ø Overall satisfaction rating with VCAT services of 84. 8% Ø Customers were least satisfied with: q Ability to get VCAT business done in a reasonable amount of time (71. 7% satisfied) q Forms that were easy to understand use (76. 1% satisfied) q Finding the VCAT website easy to use (79. 5% satisfied). Ø 70% of customers identified as Self-Represented Litigants (SRLs) Ø CBD customers were less satisfied than metropolitan and regional customers Ø Older customers were least satisfied with access to information, whilst younger customers were least satisfied with the efficiency of services. Ø All age groups wanted more information to be made available via the website. 17 Adapting to and bringing about change

The importance of culture

Culture eats strategy… 19 Adapting to and bringing about change

Legal culture Ø “We set the requirements and procedures. It’s for other to meet them. ” Ø “This is the way we have always done it. ” Ø “I have to decide cases. It’s for the staff to attend to administration. ” Ø “I’m a professional decision-maker. I’m not responsible for leading or overseeing others. ” Ø “It’s the responsibility of others to provide finance and support. Ø Organisation and management theory is just poppy cock. I’m concerned about the law and its application. ” Ø “Word processing is a secretarial responsibility. Why do I need IT skills? ” 20 Adapting to and bringing about change

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Questions? 22 Adapting to and bringing about change