Migration Alliance receives inquiries from the public regarding how to complain about DIAC. Migration Alliance is not a DIAC complaints handling service, however details have been provided on this page to assist members of the public should they wish to complain about DIAC. If you are not satisfied with the service provided by your DIAC case officer, you can complain in the following ways:
Commonwealth Ombudsman (online complaints form):
TTY: 1800 620 241 (toll free)
Fax: 02 9284 9611
Complaints about DIAC case officers about any breaches of the Public Service Code of Conduct or DIAC Client Service Charter such as providing misleading advice, not providing current contact details, not providing a statement of services, not declaring a conflict of interest, not putting requests in writing, improper notification, rude telephone manners, unreasonable service delays, not advising if no-longer dealing with a file, deliberately bypassing appointed representative (eg your migration agent), failure to properly identify themselves (first and last name and position number), failure to provide their daytime contact details, lack of sound knowledge of the legislation, lies, not acting with dignity and courtesy, not able to communicate effectively, failing to properly respond, failure to adequately supervise staff, deceit, and not acting in a timely manner.
If you are unhappy with a service the department provides or funds, then make a free complaint. Your compliments and complaints provide the department with information to help improve their quality of their services.
The compliments and complaints policy at DIAC ensures the department processes all compliments, complaints and suggestions in a consistent way and address them appropriately.
As part of the department’s commitment to service improvement, it has established a centralised system for recording, tracking and resolving client feedback.Claiming Compensation from DIAC (Dept of Immigration and Citizenship)
If you think the department has made a mistake that has caused you a financial loss or some other detriment, you may be able to make a claim for compensation from the department.
There are three bases upon which monetary compensation can be obtained for loss suffered as a result of:
The department may assess your claim and pay compensation in accordance with the Attorney General's Legal Services Directions, where there is a risk that the department could be found to be liable to pay compensation if the matter went to court.
Examples: Negligence, actions in contract, personal injury and property damage.
The CDDA Scheme allows the department to compensate you if you have been adversely affected by the department's defective administration and where no legal liability exists. Payments made under the CDDA scheme are discretionary and may be made where it is considered that there is a moral obligation, rather than a legal liability.
Compensation is not payable for grief, anxiety, hurt, humiliation, embarrassment, or disappointment that is unrelated to personal injury, no matter how intense the emotion may be.
In order for your claim to be successful under the CDDA scheme, the decision maker must be satisfied that:
Defective administration is defined as:
The overarching principle of the CDDA scheme is to restore you to the position you would have been in had the defective administration not occurred.
The Act of Grace Scheme is administered by the Department of Finance and Deregulation (Finance). If the Finance Minister or delegate considers it appropriate to do so because of special circumstances, he or she may authorise making an Act of Grace payment. Act of Grace claims are considered on their individual merits. Act of Grace payments are discretionary and may be made where there is a moral, rather than legal liability and there is no other redress available; including where:
The Australian Human Rights Commission can investigate and resolve complaints of discrimination, harassment and bullying based on a person’s:
It is against the law to be discriminated against in many areas of public life, including employment, education, the provision of goods, services and facilities, accommodation, sport and the administration of Commonwealth laws and services.