Ministerial Submission MS23-001988 - Compensation For Detriment Caused By Defective Administration, Signed 11 January 2024
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A ministerial submission from 12 December 2023 regarding compensation claims under the Scheme for Compensation for Detriment caused by Defective Administration (CDDA). The document outlines the Minister for Immigration, Citizenship and Multicultural Affairs' authority to approve compensation where Commonwealth agencies have caused detriment through defective administration. The submission presents three recommendations: approving compensation for one component of a claim under section 47F(1), refusing compensation for another component as non-compensable under the CDDA Scheme, and signing a Decision Record to provide claimants with reasons for the ministerial decision. The CDDA Scheme operates under constitutional authority (sections 61 and 64) and requires payments to be "publicly defensible" and "fair and reasonable in the circumstances." The matter was referred to ministerial level under a sensitivity protocol established in August 2022, indicating this claim met criteria requiring ministerial rather than deleg
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