Claiming compensation from us
Important: Before you claim compensation from us, it is very important you read all the information on this page. If you do not, it could cause delays, misunderstandings, or even affect your claim. Take your time to make sure you understand how the compensation process works and what information you need to provide. If you are unsure about something, please contact us at CDDAclaims@ombudsman.gov.au.
What is the CDDA Scheme?
The CDDA Scheme is an Australian Government policy. It lets you claim compensation from the Office of the Commonwealth Ombudsman if you believe we’re responsible for defective administration (a type of mistake) and this caused you a loss.
We decide whether to pay compensation on a case-by-case basis. This means there is no automatic right to compensation, and we consider each claim on its own circumstances.
It is important you are aware the CDDA Scheme is not a legal process. It does not give you a legal right to compensation. Instead, it is based on fairness. If we agree that defective administration by us caused you a loss, we might decide to pay you compensation because it is the right thing to do. Also, the CDDA Scheme is generally an avenue of last resort, so we are only likely to use it if you do not have any other way to get compensation.
Any individual, company or organisation can apply to us for compensation, either for themselves or for someone who has given them permission.
If you would like to learn more about the CDDA Scheme, please visit the Department of Finance website or refer to our factsheet.
How do I make a claim?
To make a claim for compensation under the CDDA Scheme, complete the application form and send it via email to CDDAclaims@ombudsman.gov.au, by post to GPO Box 442, Canberra, ACT 2601 or drop it off at any Commonwealth Ombudsman office.
If you can’t download the application form, we can do this for you at any Commonwealth Ombudsman office. Our office locations and opening times are available on our contact us page.
Please take your time to read and complete the application form. It tells you the things you need to do and provide.
Can you help me make my application?
We cannot give you advice on what to do, but we can help you make an application, if you need it. If you think you need assistance, please contact us at CDDAclaims@ombudsman.gov.au or by telephone on 1300 362 072.
Who will be the person making the decision about my claim?
For most applications, a senior person in the Ombudsman legal team will make a decision. This is a person who has been given the permission to make this type of decision under what is called an ‘authority’.
Can I claim compensation from another agency through you?
No. You need to contact the agency you believe made the mistake. The Ombudsman cannot decide CDDA Scheme claims for other agencies. This application form is only for claims against the Ombudsman.
Are all types of losses covered under the CDDA Scheme?
No. Not all losses are covered under the CDDA Scheme. The application form says which losses are covered and which are not.
How long will it take for you to make a decision?
We try to finalise claims within 1-2 months for ones that are not too complicated. We do not deal with these types of claims like legal matters, so we will try and finalise your matter as quickly as possible. Delays, however, can happen. Always remember, there is no guarantee you will get compensation.
I have a complaint about another agency to do with the CDDA Scheme, what do I do?
To make a complaint to our office about another agency, please use the complaint form.
How does the compensation process work?
After making your application, someone from our office will contact you to say we received it. We will then start looking into your claim. This will involve speaking with different areas of the Ombudsman office and considering what you have said.
We might also ask you to provide further information or evidence.
Before we make a final decision, we will tell you, in writing, what we are thinking of deciding. This is called ‘procedural fairness’. We will ask you to respond to this and provide any comments you wish. After this, we will make our final decision.
What if I am unhappy with the decision?
We use a process called ‘internal review’. This means you can request someone else from the Ombudsman (an independent person) to look at the decision and see if it was the right one. If this happens, they might change the decision, they might not.
It is important you are aware there is no automatic right to an internal review. Where you can provide new and relevant information, or point to something genuinely wrong with the decision, we will consider doing an internal review for you.
To request an internal review, please contact us at CDDAclaims@ombudsman.gov.au or by telephone on 1300 362 072.
You also have the option of taking the matter to court and seeking something called a ‘judicial review’. This is a very complicated process and before doing this, you should seek legal guidance.