Scheme for Compensation for Detriment caused by Defective Administration (‘the CDDA Scheme’)
The CDDA was established to allow Australian Government agencies, including the Australian Federal Police (AFP), to provide compensation where there is a moral rather than legal obligation to do so. For example, in circumstances where a member of the AFP suffers loss or damage due to a mistake or poor administrative practice made by the AFP, and there are no remedies available through administrative appeal, litigation, or any other legal mechanism to provide relief.
The aim of the CDDA Scheme is to restore that applicant to the position they would have been in had the defective administration not occurred.
For a claim to be successful, it must be satisfied that there was defective administration, with detriment suffered as a result of that defective administration. The detriment must also have been reasonably foreseeable by the AFP.
Applicants must also provide:
- A calculation of the amount the applicant is claiming
- An explanation of how the amount was calculated
- The steps the applicant has taken to minimise and/or contain the loss
Defective administration includes:
- A specific and unreasonable lapse in complying with existing administrative procedures; or
- An unreasonable failure to institute appropriate administrative procedures; or
- An unreasonable failure to give to (or for) an applicant the proper advice that was within the officer’s power and knowledge to give (or reasonably capable of being obtained by the officer to give); or
- Giving advice to (or for) an applicant that was, in all respects, incorrect or ambiguous.
Types of detriment include:
- Personal injury loss (physical or mental); or
- Pure economic loss (not related to personal injury); or
- Detriment relating to property damage.
Compensation is not payable for grief, anxiety, hurt, humiliation, embarrassment or disappointment that is unrelated to personal injury, no matter how intense the emotion might be.
Payments under the CDDA Scheme are discretionary, and there is no automatic entitlement to a payment.
Review of unsuccessful claims
If your claim is unsuccessful and you are not satisfied with the decision or process, you may request a review by the Commonwealth Ombudsman.
How to apply
If you wish to apply for compensation under the CDDA Scheme, we recommend discussing the application for compensation under the CDDA Scheme with our Legal and Industrial team who will be able to provide you with further advice and assistance. The team can be contacted on 02 6285 1677 or at email@example.com
For more information, please contact the AFPA Legal and Industrial team or alternatively visit the AFP’s webpage – Claiming compensation from us | Australian Federal Police (afp.gov.au)