The purpose of the scheme is to permit a compensatory payment to be made to a claimant for the effects of administrative error. Payment to a claimant may be approved if the relevant authorised person forms an opinion that the claimant has suffered a 'detriment' as the result of the action of an employee of the Department.
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Detriment can include financial and non-financial loss. The approved definitions, criteria and limitations for the scheme are set out in Attachment A of the Chief Executive Instruction 5.19. The reasons for considering a claim for compensation are described briefly below:
Request for 'defective administration compensation' can arise from almost any aspect of Australian Government administration. The scheme is only available to provide compensation in respect of administration by the Australian Government. Under this scheme, the Minister, or any official authorised by the Minister for the purpose, will have the administrative discretion to determine whether a compensatory payment should be made to a claimant for the effects of administrative error.
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Any claim that is determined under the provisions for compensation for detriment due to administrative error cannot be reconsidered under Act of Grace. The Act of Grace facility is not to be construed as an alternative remedy.
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The following are two examples of where compensation for detriment caused by administrative error would apply.
Under the scheme, the Minister, or any official authorised by the Minister for the purpose, will have the administrative discretion to determine whether a compensatory payment should be made. The responsibility for the approval of claims depending on the amount is delegated to the:
Payment of compensation due to administrative error is made in accordance with section 52 of the Financial Management and Accountability Act 1997 and Financial Management and Accountability Regulations 6.The authority for payment is defined in Chief Executive Instruction No.5.19.
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Links
[1] https://clik.dva.gov.au/user/login?destination=node/16894%23comment-form
[2] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn263
[3] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn264
[4] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn265
[5] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn266
[6] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn267
[7] https://clik.dva.gov.au/book/export/html/16894#tgt-cspol_part3_ftn268
[8] http://sharepoint/money/Documents/0681931E_CEI_5_19.tr5
[9] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn263
[10] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn264
[11] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn265
[12] https://clik.dva.gov.au/compensation-and-support-policy-library/part-3-income-support-eligibility/39-payment-loss-or-detriment/393-act-grace-payments
[13] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn266
[14] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn267
[15] https://clik.dva.gov.au/book/export/html/16894#ref-cspol_part3_ftn268