If you think we’ve made a mistake that has caused you a financial loss or other harm, you may be able to claim compensation from us.
You can apply under the Compensation for Detriment caused by Defective Administration Scheme (CDDA Scheme).
The CDDA Scheme allows organisations like the Commission to pay compensation to people who have experienced detriment or harm because of our defective, or faulty actions or because we didn’t take any action.
When the scheme applies
The CDDA Scheme:
- only applies if there is no legal obligation for us to pay compensation
- is discretionary. That means that it is up to us to decide if someone should receive a payment or not
- is a last resort.
Important note:
Before you apply, if other avenues exist to remedy potential defective administration those options should be investigated before the matter is considered under the CDDA Scheme, such as through making a complaint.
What you need to prove when you make a claim
You need to show that there has been defective administration by us and it has caused you detriment.
Defective administration means we:
- didn't follow or comply with our administrative procedures
- didn't give you proper advice that we should have been able to give
- gave you unclear or incorrect advice
Detriment means:
- a financial loss that you can measure. You may have suffered loss because of: physical or mental injury (personal injury loss)
- expenses you had to pay (not related to a personal injury), just pure economic loss
- damage to property.
We only consider losses that are directly connected to defective administration.
We can’t consider claims for:
- the time you spend resolving an issue
- stress, anxiety or inconvenience
- costs for making a claim for compensation.
Who makes the decision
The CDDA Scheme is an administrative scheme, not a legal scheme. Courts or tribunals don’t make decisions about the CDDA Scheme.
We have officers authorised by the Minister to make decisions about applications under the CDDA Scheme.
Who can apply
Any person, company or organisation can apply for compensation. You can apply for yourself or for somebody who has authorised you to apply.
Before you apply
Read the following Australian Government Department of Finance information. It gives you more detail about the CDDA Scheme and making a claim:
If you are involved in other dispute resolution processes in court or a tribunal (such as the Administrative Review Tribunal), these must be resolved before we can consider your claim.
How to apply
Fill out the CDDA Scheme Application Form.
Make sure you explain:
- what happened
- how our actions or the inactions we didn’t take were defective
- how this caused the loss
how you calculated the amount you are claiming. Please attach:
- documents to support your claim
- relevant communication between you and us.
Send the completed application form and your supporting documents by email to: cfocentralcoord@agedcarequality.gov.au
How we assess claims
We use the criteria in the Resource Management Guide 409 to assess your application.
If you don’t give us all the information, we need to assess your claim, we’ll contact you to tell you what we need.
We will give you a formal decision about your claim. This will include reasons for our decision.
Timeframes
We aim to:
- write to you to tell you that we received your claim within 5 business days
- make a decision within 90 days.
Reviewing the decision
Our review
You don’t have an automatic right for a review of our decision under the CDDA Scheme.
We’ll reconsider your application if you give us new and relevant evidence.
Ombudsman review
If you have a complaint about us or you are unhappy with our decision, you can contact the Commonwealth Ombudsman.
Commonwealth Ombudsman
GPO Box 442
CANBERRA ACT 2601
1300 362 072
www.ombudsman.gov.au
