Claiming compensation from us
If you think we have made a mistake that has caused you a financial loss or other detriment you may be able to claim compensation from us.
Legal liability
For a claim to be successful, we must establish that:
- a duty of care was required by us
- we failed to comply with that duty of care
- you suffered a loss or detriment as a result, and
- we can reasonably have expected you would suffer the loss or detriment as a result of failure.
Defective administration
For your claim under the CDDA Scheme to be successful, we need to establish that:
- our administration was defective
- you suffered a loss or detriment as a result, and
- we could reasonably have expected you would suffer the loss or detriment as a result.
The CDDA Scheme guidelines define ‘defective administration’ as:
- an unreasonable failure to comply with procedures
- an unreasonable failure to institute appropriate procedures
- an unreasonable failure to give proper advice, or
- giving incorrect or ambiguous advice.
The guidelines for the CDDA Scheme are in Finance Circular 2009/09 available from the Department of Finance and Deregulation.
For more information visit the Department of Finance and Deregulation website - The Scheme for Compensation for Detriment caused by Defective Administration
Types of loss
You may be paid compensation for loss or injury such as:
- missed pensions, benefits and allowances
- bank fees and other costs incurred as a result of our mistake, and
- a diagnosed psychiatric injury directly caused by a mistake made by us.
Other information
Before your claim for compensation is considered, your case may be reviewed under the relevant law by a review officer and the Social Security Appeals Tribunal (SSAT). If you want a review, you should contact us or the tribunal as soon as possible as time limits may apply. For more information, visit reviews and appeals for more information.
Compensation is generally not payable for a debt you owe to us. You can, however, ask us to consider waiving the debt. That will mean that you do not have to repay it.
If you were wrongly advised that you were entitled to a payment and it later turns out that you were not, this usually cannot be compensated.
If you have not taken reasonable action to avoid or limit your loss, we may decide that compensation is not payable or may reduce the amount offered to you.
If you have a complaint, compliment or suggestion we want to hear from you even if compensation is not appropriate. For more information, visit complaints and feedback.
Making a claim regarding a Centrelink payment
You can claim compensation in writing by visiting a Service Centre or by phoning 1800 995 496.
We will send an acknowledgement letter within seven days of receiving a claim. The letter will provide the name and direct contact details of the case manager handling the claim.
We aim to resolve claims within 90 days but this will not always be possible.
The case manager will, where possible, talk to you by phone to discuss your claim.
You will be notified in writing of the outcome of your claim.
Making a claim following Child Support decisions
You can complain compensation from us if you believe we’ve made an error that has disadvantaged you financially or otherwise.
Read more about claiming compensation following Child Support decisions.
What to do if you're not satisfied with a compensation decision
If you are dissatisfied with a decision or the way we have handled your claim, you can contact the case manager directly to discuss.
Also or alternatively, you can complain to the Commonwealth Ombudsman. The Ombudsman will consider whether the decision was reasonable in the circumstances. You can call the Ombudsman’s office on 1300 362 072 for the cost of a local call anywhere in Australia.
Act of Grace
An Act of Grace payment may be paid to people who have been unintentionally disadvantaged by the effects of Australian Government legislation, actions or omissions.
The Department of Finance and Deregulation decides claims for Act of Grace payments.
For more information visit the Department of Finance and Deregulation website - Act of Grace payments
Legal help you can get
You can, but do not have to, seek advice about claiming compensation from us. Welfare Rights Centres and Legal Aid Services provide free advice and help.
For more information visit the National Welfare Rights Network website or the National Legal Aid website.