Skip to main content Skip to main navigation Skip to search

Queensland and NSW floods 2022

Visit recovery.gov.au to see what help is available.

Close
Home

Top navigation main

  • News & media
  • Jobs
  • Ministers
  • Contact us
Main menu

AWE Main

  • Climate change
    Climate change Driving climate action, science and innovation so we are ready for the future.
    • Climate science and adaptation
    • Australia's climate change strategies
    • Emissions reduction
    • Emissions reporting
    • International commitments
    • Climate Active
    • Climate change publications and data
    • Australia’s National Greenhouse Accounts (Emissions Data)
    Stronger action on climate change

    Stronger action on climate change

    See how the Australian Government is committed to taking more ambitious action on climate change.

    Find out more

  • Energy
    Energy Building a secure and sustainable energy system for all Australians.
    • Energy policy in Australia
    • Energy and Climate Change Ministerial Council
    • Renewable energy
    • Energy publications
    • energy.gov.au
    • Energy Rating
    • Commercial Building Disclosure Program
    • Nationwide House Energy Rating Scheme (NatHERS)
    • Your Home
    Decorative image

    Nationwide House Energy Rating Scheme

    Guiding energy-efficient design and construction for a net-zero future

    Find out more about NatHERS

  • Environment
    Environment Improving stewardship and sustainable management of Australia’s environment.
    • Bushfire recovery
    • Climate change and the environment
    • Biodiversity
    • EPBC Act
    • Environmental information and data
    • International activities
    • Invasive species
    • Land
    • Marine
    • Partnerships
    • Protection
    • Report a breach of environment law
    • Threatened species & ecological communities
    • Waste and recycling
    • Wildlife trade
    Decorative image

    Read our Nature Positive Plan

    Our plan sets out the Australian Government’s commitment to environmental law reform

    Find out more

  • Water
    Water Improving the sustainable management of Australia’s water supply for industry, the environment and communities.
    • Coal, Coal seam gas (CSG) and water
    • Commonwealth Environmental Water Holder
    • Water policy and resources
    • Wetlands
    Water matters

    Water Matters

    Keep up with the latest news on the department's work in managing Australia's water resources.

    Read the latest edition here

  • Parks and heritage
    Parks and heritage Managing Australia’s iconic national parks, historic places and living landscapes.
    • Australian Marine Parks
    • Australian National Botanic Gardens
    • Booderee National Park
    • Kakadu National Park
    • Christmas Island National Park
    • National parks
    • Norfolk Island National Park
    • Heritage
    • Pulu Keeling National Park
    • The Great Barrier Reef
    • Uluṟu-Kata Tjuṯa National Park
    The reef

    Great Barrier Reef

    Australia is protecting and conserving this World Heritage Area.

    Find out more

  • Science and research
    Science and research Undertaking research and collecting data to support informed decisions and policies.
    • Climate change
    • Australia's biological resources
    • National Environmental Science Program (NESP)
    • Office of the Science Convenor
    • Australian Biological Resource Study (ABRS)
    • State of the Environment (SoE) reporting
    • Bird and bat banding
    • Supervising Scientist
    Our climate is changing

    Our climate is changing

    Find out more about how climate science helps Australians with the impacts of climate change.

    Find out more

  • About us
    About us We lead Australia’s response to climate change and sustainable energy use, and protect our environment, heritage and water.
    • Accountability and reporting
    • Assistance, grants and tenders
    • Fees and charges
    • News and media
    • Our commitment to you
    • People and jobs
    • What we do
    • Who we are
    Decorative image

    Juukan Gorge response

    Read the Australian Government's response to the destruction at Juukan Gorge and the recommendations

    Read the response

  • Online services
    Online services We do business with you using online platforms. This makes it easier for you to meet your legal requirements.
Department of Climate Change, Energy, Enviroment and Water

Breadcrumb

  1. Home
  2. About us
  3. Our commitment to you
  4. Claiming compensation

Sidebar first - About

  • Our commitment to you
    • Accessibility
    • Client service charter
    • Claiming compensation
    • Compliance Policy
    • Information management and public data
    • Integrity
    • National Redress Scheme
    • Privacy
    • Regulator Performance Framework
    • Environmental compliance
      • Compliance Framework
      • Compliance Policy
      • Compliance Plan 2019-23
    • Health, Safety and Wellbeing Commitment Statement

Claiming compensation

If you have experienced a financial loss or some other detriment due to our error, you might be able to make a claim for compensation.

Types of compensation

You can claim compensation for loss suffered as a result of:

  • legal liability
  • defective administration
  • special circumstances arising out of Commonwealth administration

Legal liability

If there is a meaningful prospect that we could be found liable if the matter went to court, we may assess your claim and pay compensation in line with the Legal Services Directions 2017.

It is your responsibility to seek independent legal advice if you believe your circumstances raise issues of potential legal liability.

Scheme for Compensation for Detriment caused by Defective Administration

The Compensation for Detriment caused by Defective Administration Scheme (CDDA Scheme) provides compensation if you have been adversely affected by defective administration on the part of the Department and no other legal liability exists.

Payments made under the CDDA Scheme are discretionary and can be made where it is considered fair and reasonable to do so and where there is no other redress available. The CDDA Scheme is discretionary, and there is no requirements for a decision-maker to approve your application, regardless of your circumstances.

The overarching principle of the CDDA Scheme is to restore you to the position you would have been in had the defective administration not occurred.

Find out more on defective administration and the CDDA Scheme (Department of Finance).

Make a claim

When making an application under the CDDA scheme you need to address:

  • how our actions or inactions were defective
  • provide details of what you are claiming, including an explanation of how the amount claimed has been calculated and any relevant information in support of the claim
  • how our defective administration directly caused your loss

You should also include any relevant evidence in support of your application, such as correspondence with us or receipts.

Send your application

Email: DiscretionaryClaims@dcceew.gov.au

Post:

Discretionary Compensation Claims
Office of the General Counsel
GPO Box 3090
Canberra ACT 2601

Act of Grace

The Australian Government can make an Act of Grace payment if the Finance Minister or the Finance Minister’s delegate considers it is appropriate because of special circumstances.

Act of Grace requests are considered on their merit and are discretionary. There is no situation which creates an automatic entitlement to an Act of Grace payment. Payments made under the Act of Grace mechanism are can be made where it is considered fair and reasonable to do so and there is no other redress available.

An Act of Grace payment is generally an avenue of last resort. You will need to consider other compensation options before submitting an Act of Grace request. If there are other options, an Act of Grace payment may not be appropriate.

There may be special circumstances if:

  • a non-corporate Commonwealth entity has taken action, or failed to take action, and this has caused an unintended and inequitable result for you
  • Australian Government legislation or policy has had an unintended, anomalous, inequitable or otherwise unacceptable impact in a particular case to apply the benefits of the relevant provisions prospectively
  • the matter is not covered by legislation or specific policy, but the Australian Government intends to introduce such legislation or policy

Read more about Act of Grace payments (Department of Finance).

Make an Act of Grace claim to the Department of Finance. They administer the Act of Grace scheme.

Questions

For more information on Act of Grace payments please see the Act of Grace website (Department of Finance).

Thanks for your feedback.
Thanks! Your feedback has been submitted.

We aren't able to respond to your individual comments or questions.
To contact us directly phone us or submit an online inquiry

CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.

Please verify that you are not a robot.

Skip

Footer

  • Contact us
  • Accessibility
  • Disclaimer
  • Privacy
  • FOI
Last updated: 20 March 2023

© Department of Climate Change, Energy, the Environment and Water

We acknowledge the Traditional Owners of country throughout Australia and recognise their continuing connection to land, waters and culture. We pay our respects to their Elders past, present and emerging.