1682. Hon Alison Xamon to the minister representing the Minister for Mines and Petroleum; Commerce and Industrial Relations; Electoral Affairs; Asian Engagement:
I refer to inquiries and/or complaints made to the Department of Consumer Protection in relation to retirement villages, and I ask:
(a) how many inquiries were received by the department during the 2017–2018 financial year;
(b) how is the information contained in an inquiry recorded;
(c) what is the process for escalating an inquiry about a retirement village into a complaint investigation;
(d) how many complaints were investigated during 2017–2018;
(e) for each of the years 2010 to 2018, how many FTE officers have been assigned to monitoring compliance;
(f) what was the minimum time from receiving a complaint to initiating an investigation in 2017–2018;
(g) what is the maximum time from receiving a complaint to initiating an investigation in 2017–2018;
(h) how many complaints received during 2017–2018 were finalised;
(i) how many of the complaints investigated during 2017–2018 resulted in disciplinary action against the management or owners of a retirement village;
(j) how many complaints and/or inquiries received in 2017–2018 relate to contract terms;
(k) how many complaints and/or inquiries received in 2017–2018 relate to deferred facilities or management fees;
(l) what is the break-down of the number of other complaints and/or inquiries received in 2017–2018 by identified categories; and
(m) what consultation with external stakeholders has the department undertaken on implementing the outstanding reforms identified during the Statutory Review since May 2017 until September 2018?
Hon Alannah MacTiernan replied:
The question’s reference to the Department of Consumer Protection is incorrect. Consumer Protection was subsumed into the Department of Commerce before the Machinery of Government changes subsumed it into the Department of Mines, Industry Regulation and Safety in 2017.
(Where relevant, all figures are for 2017–18 Financial Year)
(a) 484.
(b) Information contained in an enquiry is recorded in the Department of Mines, Industry Regulation and Safety – Consumer Protection Division’s (Consumer Protection) Objective Electronic Document and Records Management Solution (EDMRS) and its Complaints and Licensing System (CALS).
(c) Enquiries to Consumer Protection come through multiple channels and may simply involve providing information. However, where potential breaches of legislation are alleged, a formal complaint may be invited or created. Consumer Protection determines its response by assessing each complaint, including the issues involved and the seriousness of any alleged breach.
(d) 84.
(e) From 2010 through 2016, Consumer Protection had, on average, a pool of 19 officers who deal with complaints in the Property Industries Directorate. Complaints handled by that Directorate include the real estate industry, settlement agents, residential tenancies, land valuers, residential parks and retirement villages. In 2017 and 2018, Consumer Protection assigned three officers with the primary task of handling complaints regarding retirement village and residential parks.
(f) 0 days. Complaints can be received and investigation can commence on the same day.
(g) 14 days. More than 75 per cent of the investigations were commenced within two days.
(h) 50.
(i) 0. Disciplinary action is taken to mean formal action taken before the State Administrative Tribunal or a Court, but does not include other compliance or education options available to the Commissioner for Consumer Protection.
(j) 26 complaints; 111 enquiries.
(k) 14 complaints; 51 enquiries.
(l) Complaints 2017–2018:
|
Main Issue |
Count of Complaint |
|
Facilities / maintenance |
13 |
|
Financial obligations |
4 |
|
General |
7 |
|
Management / governance |
10 |
Enquiries 2017–2018:
|
Main Issue |
Count of Complaint |
|
Facilities / maintenance |
30 |
|
Financial obligations |
11 |
|
Follow up from caller |
28 |
|
General |
189 |
|
Lodging complaint |
7 |
|
Management / governance |
53 |
|
No response from Trader |
1 |
|
Quiet enjoyment |
3 |
(m) Between May 2017 and September 2018, Consumer Protection met with a range of external stakeholders about the outstanding reforms and new issues that have emerged since the first round of reforms were completed. This has included meetings and presentations with prospective, former and current residents of retirement villages; village operators; and the peak bodies representing each of these stakeholder groups. Peak bodies include the Western Australian Retirement Villages Residents Association; the Property Council of Australia (Retirement Living Council); and Aged and Community Services Australia.