Claiming compensation from us
If you believe we’ve made a mistake that caused you financial loss or injury, you may be able to claim compensation from us.
Before you make a claim
Make sure you’ve used all of your review options before you claim compensation. We may not compensate you if other options can resolve the issue.
If you want us to review a decision, contact us as soon as possible as time limits may apply.
Read more about reviews and appeals.
When you make a claim
You can claim compensation by completing the Compensation Application form.
If you can’t print it, you can ask staff at your local service centre to print the form. Or call us on 1800 995 496 and we can send to you.
Your claim needs to show our legal liability or defective administration.
We’ll consider whether we’re legally liable to compensate you. You need to show all of the following:
- we had a legal duty of care to you
- we breached that duty of care
- you suffered a loss or disadvantage because of the breach
- there's a reasonable connection between the breach and the loss or disadvantage suffered.
Where there’s no legal right to compensation, we’ll consider whether we can compensate you under the Scheme for Compensation for Detriment caused by Defective Administration (the CDDA Scheme). You need to show all of the following:
- our administration was defective
- you suffered a loss or detriment as a result
- we could reasonably have expected you would suffer the loss or detriment as a result.
Read more about the CDDA Scheme on the Department of Finance website.
When you submit the claim
Submit your claim by post to:Department of Human Services
Reply Paid 7788
CANBERRA BC ACT 2610
We’ll send you an acknowledgement letter within 5 business days of receiving a claim. It will usually have contact details of your claim manager. Where possible, your claim manager will call you to discuss your claim.
We aim to resolve claims within 90 days. However this isn’t always possible for complex claims. We’ll send you a letter about the outcome of your claim.
We may ask you to sign a settlement deed if your claim is approved. Signing this means you cannot make any future claims against us about the same matter.
After you hear from us
If you don’t agree with a decision or how we’ve handled your claim, you can talk to your claim manager.
If you still disagree with the decision, you can contact the Commonwealth Ombudsman. They'll 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.
Alternatives to compensation
If you have a complaint, compliment or suggestion we want to hear from you even if compensation is not appropriate.
The Department of Finance reviews claims for act of grace payments. These are for people who are unintentionally disadvantaged by the effects of Australian Government legislation, actions or omissions.
Page last updated: 20 September 2019