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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2019-07-02 Daily Xml
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Answers to Questions

Probate Registry

139 The Hon. K.J. MAHER (Leader of the Opposition) (5 June 2019). Can the Attorney-General advise?

1. Is the Attorney-General aware of concerns about delays in processing applications in the Probate Registry?

2. What was the level of funding for the Probate Registry in 2016-17, 2017-18, and 2018-19?

3. How many staff were employed at the Probate Registry in 2016-17, 2017-18, and 2018-19?

4. How long are the delays currently being experienced at the Probate Registry?

5. What action is the Attorney-General taking to resolve the delays at the Probate Registry?

The Hon. R.I. LUCAS (Treasurer): I have been advised:

The new Electronic Courts Management System (ECMS) was implemented on 26 November 2018 and has enjoyed broad support from the profession and the public by introducing the ability to electronically file applications.

An independent review of the implementation of ECMS in the Probate Registry was conducted by a consultant from Escient.

The review confirmed the new system is meeting the original objectives of the ECMS project by:

reducing technology and vendor risk;

replacing paper based systems with electronic systems; and

providing new online services with increased access to court information, particularly with the grant of probate being made publicly available.

However, the report also highlighted delays that are currently being experienced for processing of applications for grants of probate which have been caused by a number of factors, including:

Introduction of ECMS has led to a significant increase in the number of unrepresented applicants

ECMS was designed to improve access to justice by guiding applicants through the process using a smart form. This approach helps applicants to avoid common mistakes in completing an application. As a result of this new process, this has led to a significant increase in the number of personal applicants.

The overall number of personal applications lodged in the six months from when the system went live on 26 November 2018 until 26 May 2019 is 606 (compared to only 151 filed during the previous 12 months).

While the form is much simpler to complete, applicants are still requiring assistance from registry staff in respect to procedural issues with their applications often related to the contents and physical state of the paper will. This has meant that registry examining officers have had to spend far greater amounts of time at the counter assisting parties.

Impact of Higher Courts Redevelopment Project

Due to a relocation of the registry as part of the Higher Courts Redevelopment Project, several days were lost during the move. Additional time has also been lost due to noise disruptions from buildings works which has impacted on registry operations.

Retirement of relieving examining officer

A very experienced retired solicitor who had previously been available to relieve for examining officers when they took leave has retired from the role. I understand the Probate Registry is currently looking at alternatives to replace her.

Current Registrar and Deputy Registrar to retire

Both the Registrar and Deputy Registrar have announced their intention to retire. A new Registrar commenced on Monday 17 June 2019 and a recruitment process will soon be underway for a new Deputy Registrar. As part of this process, a new structure is being considered to make registry resourcing more resilient.

In regard to the level of funding for the Probate Registry in 2016-17, 2017-18 and 2018-19, I am advised that the total funding was:

2016-17 2017-18 2018-19
Total funding $795,103 $815,901 $836,417


In regard to how many staff were employed at the Probate Registry in 2016-17, 2017-18 and 2018-19, I am advised that:

2016-17 2017-18 2018-19
Actual FTEs 8.3 8.0 7.5
Budgeted AFTEs (includes turnover) 7.9 7.9 7.9


The implementation of the ECMS system for the Probate office from 26 November 2018 planned for a reduction in staff from around 8 FTE to 5 FTE. This is currently in transition. The FTE reduction is in administrative support. The number of examining officers has not been reduced.

As at 6 June 2019, average time to dispose of a grant of probate was 38 days. However, longer delays can occur when requisitions are issued for applications which require additional explanations, e.g. when an original will appears to have been tampered with. When a requisition is issued the matter is placed back in the hands of the party as they need to address the deficiency and then resubmit the appropriate documentation to the registry.

As members will know, grants of probate are a judicial matter which fall under the responsibility of the Chief Justice and the Courts Administration Authority. Nevertheless, I am advised that the Attorney-General has raised this issue with the Acting Chief Justice.

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