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
Years[1] / Number of claims lodged[2] / Number of claims open[3] / Number of claims closed[4] / Total amount paid for the year[5] / 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
Total / 111 / 28 / 83 / $5,124,026.42 / $46,162.40
(*)The Department of Finance and Deregulation records each claim based upon the primary issue asserted against the Commonwealth. However as many of these matters also raise other claims (for example, a personal injury claim might raise unlawful detention issues as well), it should not be assumed that the classification of the claim formed the basis for any settlement. As such, although many claims are made against the Commonwealth, settlement does not necessarily mean that the Commonwealth concedes that those claims are made out.
Table 2 - (**) Claims for unlawful detention and other legal claims, made by persons that were housed within immigration detention
Years[7] / Number of claims lodged[8] / Number of claims open[9] / Number of claims closed[10] / Total amount paid for the year[11] / Average amount of claims($)[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
Total / 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.
[1] 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.
[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.