We received a complaint about an Officer’s conduct at a compulsory conference in VCAT. The proceeding concerned a protracted residential tenancies dispute.

The complaint primarily alleged that the Officer had blackmailed and extorted the complainant. The very serious allegation was put solely on the basis that the Officer had:

asked the complainant to consider paying the other party’s legal fees; and
destroyed the notes they made at the compulsory conference.

The complainant said the Officer made the complainant feel ‘under pressure’ to settle.

We found that the complaint disclosed no basis for considering that the Officer may have infringed the standards of conduct generally expected of judicial officers.

The complaint was dismissed.

In our investigation report, we referred to section 83 of the VCAT Act 1998 (Vic) and VCAT’s practice note relating to alternative dispute resolution and explained:

the purpose of compulsory conferences;
the expectation that Officers at a compulsory conference play an active role in expressing an opinion about the parties’ prospects, discuss settlement options and suggest compromises; and
the norm that Officers destroy the notes they have made at a compulsory conference, noting that (with few exceptions) evidence of things said or done during a conference is inadmissible.

Although the complaint was dismissed, the complainant contacted us after receiving the report and advised that she appreciated the Commission’s assistance and was satisfied with the investigation.

By providing information about tribunal processes, the report was central to shifting the complainant’s genuinely felt but misplaced perceptions about their experience of the legal system.

Outcome report changing perspectives