Quite a few of the NDIS providers I speak to are experiencing financial burdens as a result of the NDIS MyPlace portal issues, and from ongoing issues related to the portal. Some people are paying for additional full-time staff just to manage the additional administrative requirements. Others are taking time away from clients to handle the administrative burden.
One option available to providers who have experienced financial detriment as a result of the way the MyPlace portal was rolled out is called the Compensation for Detriment caused by Defective Administration Scheme (CDDA).
What is the CDDA?
The CDDA Scheme is set up to allow noncorporate commonwealth entities (NCE's)to compensate people who have experienced detriment as a result of their defective actions. The CDDA Scheme is discretionary as well as permissive. It does not oblige the decision-maker to approve a payment in any particular case.
Who administers the Compensation for Detriment caused by Defective Administration (CDDA)?
The NCE alleged to be at fault manages and investigates the claim. Portfolio ministers or their authorised department officials are responsible for making decisions about claims.
What is defective administration?
- a specific and unreasonable lapse in complying with existing administrative procedures; or
- unreasonable failure to institute appropriate administrative procedures;
- unreasonable failure to give to (or for) an applicant, the proper advice that was within the officer's power and knowledge to give (or reasonably capable of being obtained by the officer to give); or
givingadvice to (or for) an applicant that was, in all the circumstances, incorrect or ambiguous.
How is 'detriment' defined?
Detriment means a quantifiable financial loss that the applicant has suffered.
There are three types of detriment:
- detriment relating to a personal injury including mental injury (personal injury loss);
- economic detriment that is not related to a personal injury (pure economic loss); and
- detriment relating to damage to property.
How do I apply for compensation under the CDDA?
Apply in writing to the NDIA. Your application should address:
- the criteria for determining defective administration;
- explain how the actions or inactions were defective;provide details of the detriment being claimed, including an explanation of how the amount claimed is calculated;
- and explain how the defective administration directly caused the loss.
You should include all relevant evidence in support of your application e.g. correspondence between yourself and the relevant NCE, medical certificates etc.
This information has been sourced from the Australian Government Department of Finance website .
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