Legal regulators occupy a unique position within the justice system. They are neither courts nor government departments in the ordinary sense, yet they exercise coercive powers that can profoundly affect individuals and institutions.
Their effectiveness depends not only on statutory authority, but on the confidence of those they regulate and the community they are intended to protect.
In 2025, the Western Australian Parliament’s Standing Committee on Public Administration commenced an inquiry into the Legal Practice Board of Western Australia.
The inquiry examined the Board’s operation and effectiveness in regulating the legal profession, following extensive concerns raised by practitioners, professional bodies, and other stakeholders.
Submissions to that inquiry consistently raised issues, including:
- Chronic delays in regulatory processes; - Poor communication and lack of responsiveness; - Perceived deficiencies in procedural fairness; - Governance and accountability concerns; and - Significant personal and professional harm arising from regulatory action.
The WA inquiry demonstrated that where confidence in a legal regulator is materially diminished, parliamentary scrutiny is not only appropriate but necessary.
It also underscored that regulatory effectiveness must be assessed not solely by enforcement outcomes, but by process integrity, proportionality, and institutional culture.