Freedom of Information Request – FOI 13/69
Table 1 – (*) Claims for breach of duty of care; negligence or breach of statutory duty, made by persons
that were housed within immigration detention
1
Years
1999/2000
2000/2001
2001/2002
2002/2003
2003/2004
2004/2005
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
Total
Number of
claims
2
lodged
0
2
5
4
8
3
15
21
9
12
16
17
20
18
0
150
Number of
3
claims open
0
0
0
0
0
0
1
0
1
1
3
9
15
18
0
50
Number of
4
claims closed
0
2
5
4
8
3
14
21
8
11
13
8
5
0
0
102
Total amount
paid for the
5
year
$0.00
$111,378.50
$2,225.00
$46,666.66
$82,000.00
$2,437,914.59
$1,383,272.77
$299,500.00
$602,000.00
$391,261.78
$1,047,804.00
$395,000.00
$120,000.00
$0.00
$0.00
$6,919,023.30
Average
amount of
6
claims ($)
$0.00
$55,689.25
$445.00
$11,666.67
$10,250.00
$812,638.20
$92,218.18
$14,261.90
$66,688.89
$32,605.15
$65,487.75
$23,235.29
$60,000.00
$0.00
$0.00
$45,519.89
Source of
payments
N/A
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
Comcover
N/A
N/A
(*) The Department of Finance and Deregulation records each claim based upon the primary issue asserted against the
Commonwealth. However as many of these matters also raise other claims (for example, a personal injury claim might raise
unlawful detention issues as well), it should not be assumed that the classification of the claim formed the basis for any
settlement. As such, although many claims are made against the Commonwealth, settlement does not necessarily mean that the
Commonwealth admits liability for those claims.
1
The years refer to policy year. A policy year runs from 1 July through to 30 June.
The number of claims recorded in this column reflects those that were reported to the Department of Finance and Deregulation
in that policy year and can include claims not filed with the courts. Not every case made against the Commonwealth results in
compensation being paid. The Department of Finance and Deregulation has not distinguished whether claims made in each
policy year were made by an asylum seeker or not.
3
The number of claims recorded in this column relates to claims made in that policy year, but have yet to be resolved.
4
The number of claims recorded in this column relates to claims made in that policy year that have been resolved. The
resolution of a claim does not necessarily mean that compensation has been paid to a person. It may mean that the claim has
been withdrawn, dismissed or otherwise not pursued. The number of claims resolved directly relate to claims made in that
policy year, despite the fact that many of these claims are resolved in later years (for example, a claim made in 2004, but settled
in 2008 will be recorded as being settled against policy year 2004).
5
This figure represents the total amount of compensation paid in relation to claims that have been settled in accordance with
the Legal Services Directions 2005. Amounts paid in each policy year include both settlement payments and in some cases legal
costs paid to the claimant’s legal representatives where this amount was not able to be excluded (for example, inclusive
settlements with no identified breakdown as to what constitutes compensation and what constitutes costs). The amounts paid
in each policy year relate to claims made that year, despite the fact that settlement may have occurred in a later year. The figure
does not include the Commonwealth’s legal defence costs or compensation paid in relation to aggravated or exemplary
damages. The latter are paid by the responsible agency.
6
This figure is calculated by dividing the total compensation paid out in a policy year by the number of claims resolved.
2
Freedom of Information Request – FOI 13/69
Table 2 – (**) Claims for unlawful detention made by persons that were housed within immigration
detention
1
Years
1999/2000
2000/2001
2001/2002
2002/2003
2003/2004
2004/2005
2005/2006
2006/2007
2007/2008
2008/2009
2009/2010
2010/2011
2011/2012
2012/2013
2013/2014
Total
Number of
claims
2
lodged
0
2
1
7
14
3
9
197
33
14
9
2
5
3
0
299
Number of
claims
3
open
0
0
0
0
1
1
0
4
2
2
3
0
4
0
0
17
Number of
4
claims closed
0
2
1
7
13
2
9
193
31
12
6
2
1
3
0
282
Total amount paid
5
for the year
$0.00
$16,000.00
$0.00
$665,870.00
$5,713,659.75
$0.00
$341,000.00
$7,601,183.15
$6,071,309.20
$520,550.00
$0.00
$116,000.00
$0.00
$0.00
$0.00
$21,045,572.10
Average
amount of
6
claims($)
$0.00
$8,000.00
$0.00
$95,124.29
$408,118.55
$0.00
$37,888.89
$38,584.69
$183,979.06
$37,182.14
$0.00
$58,000.00
$0.00
$0.00
$0.00
$70,386.53
Source of
payments
N/A
Comcover
N/A
Comcover
Comcover
N/A
Comcover
Comcover
Comcover
Comcover
N/A
Comcover
N/A
N/A
N/A
(**) The Department of Finance and Deregulation records each claim based upon the primary issue asserted against the
Commonwealth. However as many of these matters also raise other claims (for example, a personal injury claim might raise
unlawful detention issues as well), it should not be assumed that the classification of the claim formed the basis for any
settlement. As such, although many claims are made against the Commonwealth, settlement does not necessarily mean that the
Commonwealth admits liability for those claims. It may mean that the claim has been withdrawn, dismissed or otherwise not
pursued.
1
The years refer to policy year. A policy year runs from 1 July through to 30 June.
The number of claims recorded in this column reflects those that were reported to the Department of Finance and Deregulation
in that policy year and can include claims not filed with the courts. Not every case made against the Commonwealth results in
compensation being paid. The Department of Finance and Deregulation has not distinguished whether claims made in each
policy year were made by an asylum seeker or not.
3
The number of claims recorded in this column relates to claims made in that policy year, but have yet to be resolved.
4
The number of claims recorded in this column relate to claims made in that policy year that have been resolved. The resolution
of a claim does not necessarily mean that compensation has been paid to a person. It may mean that the claim has been
withdrawn, dismissed or otherwise not pursued. The number of claims resolved directly relate to claims made in that policy
year, despite the fact that many of these claims are resolved in later years (for example, a claim made in 2004, but settled in
2008 will be recorded as being settled against policy year 2004).
5
This figure represents the total amount of compensation paid in relation to claims that have been settled in accordance with
the Legal Services Directions 2005. Amounts paid in each policy year include both settlement payments and in some cases legal
costs paid to the claimant’s legal representatives where this amount was not able to be excluded (for example, inclusive
settlements with no identified breakdown as to what constitutes compensation and what constitutes costs). The amounts paid
in each policy year relate to claims made that year, despite the fact that settlement may have occurred in a later year. The figure
does not include the Commonwealth’s legal defence costs or compensation paid in relation to aggravated or exemplary
damages. The latter are paid by the responsible agency.
6
This figure is calculated by dividing the total compensation paid out in a policy year by the number of claims resolved.
2
Freedom of Information Request – FOI 13/69
Table 3 – Claims for injury made by immigration detention staff and/or subcontractors.
Years
1
1
Number of
claims
2
lodged
Number of
claims
3
open
Total
amount
paid for the
year
Number of
claims
closed
Average
amount of
claims($)
2005/2006
2010/2011
1
1
1
1
0
0
$0.00
$0.00
$0.00
$0.00
2011/2012
2012/2013
Total
1
1
4
1
1
4
0
0
0
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Claim type
Psychological
injury
Accident
Psychological
injury
Accident
Source of
payments
N/A
N/A
N/A
N/A
The years refer to policy year. A policy year runs from 1 July through to 30 June.
The number of claims recorded in this column reflects those that were reported to the Department of Finance and Deregulation
in that policy year and can include claims not filed with the courts. Not every case made against the Commonwealth results in
compensation being paid. The Department of Finance and Deregulation has not distinguished whether claims made in each
policy year were made by an immigration detention staff member or subcontractor.
3
The number of claims recorded in this column relates to claims made in that policy year, but have yet to be resolved.
2