How we assess claims

Officers in our General Counsel assess compensation claims. They are independent of the ATO area that dealt with your matter before.

We assess claims for compensation in two ways, either:

• because there may be a legal liability (for example, negligence)
• under the Compensation for Detriment caused by Defective Administration Scheme (CDDA Scheme).

We decide claims on the basis of legal liability in line with legal principle and practice. Any settlement must be consistent with our obligations under Appendix C to the Legal Services Directions 2017External Link.

Claims for financial losses caused by our defective administration are covered by the CDDA Scheme. We decide CDDA Scheme claims in line with the Department of Finance's Resource Management Guide 409External Link.

We aim to make the claim process simple so you can access help when you need it.

If compensation of either of these types is not appropriate, you may be eligible for an act of grace payment. The Department of Finance administers act of grace payments, not us. See Act of grace paymentsExternal Link information on the Department of Finance website.

Find out about  

• What you can claim for
• After you make a claim
• Further help
• Our approach to the CDDA Scheme