Claiming compensation from us

If the Australian Federal Police (AFP) has made an error that has caused you a financial loss or some other detriment, you might be able to make a claim for compensation.

Types of Compensation

Compensation can be claimed for loss suffered as a result of one of the following:

legal liability
special circumstance arising out of Commonwealth administration
defective administration

Compensation for legal liability

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

It is open to you to seek independent legal advice if you think that you circumstances might give rise to a claim that raises issues of potential legal liability.

Act of Grace payment

Act of Grace is administered by the Department of Finance. The AFP’s role is to provide information to the Department of Finance for consideration. If the Finance Minister or their delegate considers it appropriate to do so because of special circumstances, an Act of Grace payment may be paid to people who have been unintentionally disadvantaged by the effects of Australian Government legislation, actions or omissions.

You can read more about Act of Grace payments and find a claim form on the Department of Finance’s website.

Scheme for Compensation for Detriment caused by Defective Administration (the CDDA Scheme)

The CDDA Scheme allows us to compensate you if you have been adversely affected by defective administration on the part of the AFP and where no 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 where there is no other redress available.

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. 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.

In order for you claim to be successful under the CDDA Scheme, the decision maker must be satisfied that:

there was defective administration by us;
the loss or detriment suffered was a direct result of our defective administration and this can be substantiated by you;
the type of detriment suffered by you must have been reasonably foreseeable by us.

Defective administration is defined as any of the following:

a specific and unreasonable lapse in complying with existing administrative procedures;
an unreasonable failure to institute appropriate administrative procedures;
giving advice to (or for) an applicant that was, in all the circumstances, incorrect or ambiguous;
an unreasonable failure to give to (or for) an applicant, the proper advice that was within the official’s power and knowledge to give (or reasonably capable of being obtained by the official to give).

Applying for compensation under the CDDA Scheme

If you would like to make a claim for compensation under the CDDA Scheme, you should complete the CDDA application form.

You can send the completed application form and supporting documentation by post or email.

Post:

General Counsel
Legal
Australian Federal Police
PO Box 401
Canberra City ACT 2601
Email: CDDA-Claims@afp.gov.au

We recommend that you keep a copy of your application and all attachments for your records. The AFP does not retain copies of documents. If you wish to keep original documents, you should only provide copies of documents to the AFP. The AFP does not accept physical evidence in support of claims.

You will receive an acknowledgement letter form us within seven working days of receipt of your claim. Claims are processed in order of receipt. We cannot provide a definite date for completion of claims; however, you will be kept informed of the progress of your claim.