Compensation claims made by immigration detainees between
1999 and 2011
Table 1 - (*) Claims for breach of duty of care; negligence or breach of statutory
duty, made by persons that were housed within immigration detention
Years1
Total
1
Number of
claims lodged2
Number of
claims open3
Total amount
paid for the
year5
Number of
claims closed4
Average
amount of
claims ($)6
1999/2000
0
0
0
$0.00
$0.00
2000/2001
1
0
1
$111,378.50
$111,378.50
2001/2002
7
0
7
$2,225.00
$317.86
2002/2003
10
0
10
$0.00
$0.00
2003/2004
6
0
6
$46,221.16
$7,703.53
2004/2005
4
0
4
$2,437,234.59
$609,308.65
2005/2006
10
0
10
$1,373,272.77
$137,327.28
2006/2007
19
0
19
$288,890.40
$15,204.76
2007/2008
12
3
9
$7,000.00
$583.33
2008/2009
11
3
8
$0.00
$0.00
2009/2010
14
8
6
$857,804.00
$61,271.71
2010/2011
15
12
3
$0.00
$0.00
2011/2012
2
2
0
$0.00
$0.00
111
28
83
$5,124,026.42
$46,162.40
The years represented on both tables refer to policy year. A policy year runs from 1 July through to 30 June. Therefore, for example,
policy year 2004 runs from 1 July 2004 to 30 June 2005.
2
The number of claims recorded in this column reflects those that are reported to the Department of Finance and Deregulation in that policy
year that relate to immigration detention and can include claims not filed with the courts, but raise the possibility that the Commonwealth
could be held legally liable. 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 can mean that the claim has resolved from the claim being
withdrawn, dismissed or otherwise not pursued.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 amount of compensation paid in relation to a claim that has been settled in accordance with the Legal Services
Directions 2005. The Legal Services Directions 2005 requires that in all cases where they are assessed, on legal advice, as involving a risk
of liability, the Commonwealth must endeavour to settle claims within ‘legal principle and practice’. 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 for 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 represents the average compensation settlement paid in relation to claims made against the Commonwealth in that policy year.
It is based purely upon the compensation paid out in that policy year divided by the number of claims resolved and does not take into
account the fact that not every case settled in that year resulted in compensation being paid.
(*) 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 concedes that those claims are made out.
Table 2 - (**) Claims for unlawful detention and other legal claims, made by persons
that were housed within immigration detention
Number of
claims lodged8
Years7
Total
Number of
claims open9
Number of
claims closed10
Total amount
paid for the
year11
Average
amount of
claims($)12
1999/2000
0
0
0
$0.00
$0.00
2000/2001
2
0
2
$16,000.00
$8000.00
2001/2002
1
0
1
$0.00
$0.00
2002/2003
7
1
6
$100,870.00
$14,410.00
2003/2004
14
1
13
$1,704,035.43
$121716.82
2004/2005
3
1
2
$3,120,446.47
$1,040,148.82
2005/2006
9
0
9
$341,000.00
$37,888.89
2006/2007
197
11
186
$7,556,391.85
$38,357.32
2007/2008
33
12
21
$4,948,300.50
$149,948.50
2008/2009
15
5
10
$328,781.07
$21,918.74
2009/2010
10
3
7
$0.00
$0.00
2010/2011
1
1
0
$116,000.00
$116,000
2011/2012
1
1
0
$0.00
$0.00
293
36
257
$18,231,825.32
$62,224.66
(**) 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 concedes that those claims are made out.
7
The years represented on both tables refer to policy year. A policy year runs from 1 July through to 30 June. Therefore, for example,
policy year 2004 runs from 1 July 2004 to 30 June 2005.
8
The number of claims recorded in this column reflects those that are reported to the Department of Finance and Deregulation in that policy
year that relate to immigration detention and can include claims not filed with the courts, but raise the possibility that the Commonwealth
could be held legally liable. 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.
9
The number of claims recorded in this column relates to claims made in that policy year, but have yet to be resolved.
10
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 can mean that the claim has resolved from the claim being
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).
11
This figure represents the amount of compensation paid in relation to a claim that has been settled in accordance with the Legal Services
Directions 2005. The Legal Services Directions 2005 requires that in all cases where they are assessed, on legal advice, as involving a risk
of liability, the Commonwealth must endeavour to settle claims within ‘legal principle and practice’. 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 for 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. The latter are paid by the responsible agency.
12
This figure represents the average compensation settlement paid in relation to claims made against the Commonwealth in that policy year.
It is based purely upon the compensation paid out in that policy year divided by the number of claims resolved and does not take into
account the fact that not every case settled in that year resulted in compensation being paid.