Claiming compensation from the CSA

You can claim compensation from the CSA if you believe we’ve made an error that has disadvantaged you financially or otherwise.

Depending on your situation, we may have either a legal or a moral obligation to pay compensation. You can apply for compensation in the same way, but we’ll use different guidelines to make a decision about your claim. In all cases, you can expect us to take your claim seriously and assess it fairly.

More information about applying is below. Before you go ahead with a claim, call us on 131 272 to find out if there’s a quicker, simpler way to resolve the issue.

Before you claim...
Preparation and consideration of a compensation claim can be a time-consuming process.Before you make a claim, make sure you have exhausted your review options. You can formally object to most CSA decisions if you believe the decision was wrong. For example, you can object to decisions about the percentage of care, non-agency payments and income estimates. Or, you can lodge a complaint about CSA’s service. To find out more, go to www.csa.gov.au and search for ‘objections process’ or call 131 272.

On this page

Legal liability

In some cases we may pay a claim where we’d be found legally liable if the matter went to court. As a general rule, you’d need to show that:

Example of when you might apply

You might apply if we breached your privacy, causing you a loss.

Example of when you shouldn’t apply

You shouldn’t apply if our processing error generated an incorrect assessment. Call us on 131 272 to talk about your concerns and other options for resolving the issue.

More detail on how these types of claims are assessed is in Appendix C of the Legal Services Directions 2005 issued by the Commonwealth Attorney-General.

Defective administration

In some cases we may pay a claim where we have a moral rather than a legal obligation to do so. The claim would be paid under the Scheme for Compensation for Detriment caused by Defective Administration (the CDDA scheme). A CDDA scheme payment aims to restore you to the position you would have been in had the defective administration not occurred. As a general rule, you’d need to show that:

  • we didn’t comply with our administrative procedures
  • we didn’t put the right procedures in place,
  • we didn’t give you the proper advice, and
  • these errors caused you a financial loss.

Example of when you might apply

You might apply if you lost money because we gave you the wrong advice. You could also apply if our error led to a bank dishonour fee.

Example of when you shouldn’t apply

You shouldn’t apply if you disagree with a care decision or with the way your child support has been calculated. Call us on 131 272 to talk about your concerns and other options for resolving the issue.

More detail on how these types of claims are assessed is in Finance Circular No 2009/09 issued by the Department of Finance and Deregulation.

Act of Grace

In other cases the CSA or the Department of Finance or Deregulation may pay an ‘Act of Grace’ payment. This would happen where you believed you’d been unintentionally disadvantaged by Australian Government legislation, policy, actions or omissions. As a general rule, you’d need to tell us about:

  • the amount you’re seeking;
  • the situation that led to the request and evidence to support your application, and
  • other information to help the Department of Finance and Deregulation delegate to make a decision.

More detail on how these types of claims are assessed is in Finance Circular No 2009/09.

How to apply for compensation

All applications must be in writing. You can download an application form from our website, email compensation@csa.gov.au, call the compensation hotline 1800 247 302 (within Australia) or visit your nearest CSA office. When filling in your application you should tell us:

  • what the circumstances are
  • how CSA’s actions (or inactions) caused you the detriment or loss
  • what the loss is.

Make sure you also include any evidence you have – for example, any bills or statements that show a financial loss because of our error.

Mail the completed form to:

Attention: CSA Compensation Team
The Child Support Agency
GPO Box 1903
Canberra ACT 2601

To apply for an Act of Grace payment, you can send your request either to the CSA or directly to the Department of Finance and Deregulation.

What happens next

The CSA is committed to finalising claims as quickly as possible. We’ll call you and write to you within seven days of receiving your application. The letter will explain the next steps and may also ask you for more information.

We aim to make a decision within 90 days. However if the issue is complex it could take longer to resolve. We’ll let you know if this is the case and keep you updated on the progress of your application.

We’ll ensure that:

  • your claim is fairly assessed against the Department of Finance and Deregulation criteria set out in the Finance Circular 2009/09
  • all relevant and available information is considered
  • you have the opportunity to give us more information if required
  • information used to support our decision is checked for accuracy.

You’ll get a letter from us when a decision has been made. The letter will explain why we approved or refused your claim and how to contact us if you’d like to talk about it.

How payments are made

Your compensation payment will be made by electronic funds transfer into your bank account. Advice about any tax implications is available from the Australian Taxation Office.

We may ask you to sign a settlement deed if your claim is approved. This releases and indemnifies the CSA from any future claim about the same matter.

If a claim is refused

If you believe the compensation decision is incorrect, we encourage you to call us on 1800 247 302 to discuss the issue.

If you still disagree with the decision, you can ask for a review by contacting the Commonwealth Ombudsman on 1300 362 072 or by visiting www.ombudsman.gov.au. If your claim was about a privacy breach, you can contact the Office of the Privacy Commissioner by calling 1300 363 992 or visiting www.privacy.gov.au.

Remember: you may have a quicker, simpler option to have your child support decision reviewed. Call us on 131 272 to find out more.