Most veterans with a problem involving DVA don't need an Act of Grace payment. If a decision is wrong, ask for a review. If DVA made a mistake that cost you money, make a CDDA claim to DVA. If you're unhappy with how DVA handled something, complain to DVA and then the Commonwealth Ombudsman. An Act of Grace request to the Department of Finance is a last resort. It is for cases where Commonwealth law, policy or action has had an unintended, unfair effect on you and nothing else can fix it.
Match your problem to the right route
| Your problem | Where to start |
|---|---|
| DVA refused your claim, or you disagree with an assessment, rate or entitlement decision | Ask for a review using the steps and time limit in your decision letter |
| DVA gave you wrong advice, didn't follow its own procedures or made another mistake, and you lost money because of it | A claim to DVA under the CDDA Scheme |
| Delays, poor communication or how DVA treated you | A complaint to DVA, then the Commonwealth Ombudsman |
| You owe DVA or another agency money | Ask the agency to review the debt decision and about its debt options. A waiver of debt request to Finance comes later. |
| A Commonwealth law or policy has had an unintended, unfair effect that is specific to you, and there is no other remedy | An Act of Grace request to the Department of Finance |
Why review and other remedies come first
Finance's guidance (RMG 401) says Act of Grace is not used when another workable remedy exists. Most decisions about government benefits can be reviewed, and you are expected to use those reviews before asking for an Act of Grace payment. If you think a decision is wrong at law, you have to use the legal review options. Finance may decline to consider a request while another avenue is still open.
For DVA compensation decisions made from 21 April 2025, the single review pathway usually means applying to the Veterans' Review Board within 12 months of the decision. If the Board doesn't resolve it, you may be able to appeal to the Administrative Review Tribunal within 3 months of the Board's decision. Income support and qualifying service decisions under the VEA follow a different path. Your decision letter tells you which applies. Read about DVA reviews and appeals.
Claiming for DVA's mistakes under the CDDA Scheme
The Scheme for Compensation for Detriment caused by Defective Administration lets DVA compensate you when its own defective administration caused you a loss and there is no legal liability to pay. It is discretionary, and a mistake doesn't automatically mean DVA will pay. DVA's portfolio Minister, or officers the Minister authorises, make the decisions.
DVA defines defective administration as:
- a specific and unreasonable lapse in following existing procedures
- an unreasonable failure to put proper procedures in place
- an unreasonable failure to give you proper advice the officer could give or reasonably get
- advice that was incorrect or ambiguous in all the circumstances.
You must show a quantifiable financial loss that the mistake directly caused. DVA says it can generally consider reasonable professional fees you can prove you paid, and bank or administrative fees caused by its actions. It generally can't consider the time you spent sorting out the problem, stress, anxiety or inconvenience, or the cost of making the claim.
Use DVA's Defective Administration Compensation Application Form (D1397). Explain what DVA did wrong, how you worked out the amount, and how the mistake caused the loss, and attach your evidence. Email it to [email protected] or post it to Discretionary Claims and External Reviews, Dispute Resolution Branch, Department of Veterans' Affairs, GPO Box 9998, Brisbane QLD 4001.
DVA won't consider a CDDA claim until the original issue is resolved, including any Veterans' Review Board or tribunal case. There is no automatic right of review of a CDDA decision. DVA invites more information after a preliminary assessment, and you can go to the Commonwealth Ombudsman if you're unhappy with the outcome.
Read DVA's information on CDDA claims
Complaints and the Commonwealth Ombudsman
Raise a complaint with DVA first, through its feedback form or 1800 VETERAN (1800 838 372). DVA's feedback policy commits to acknowledging a complaint within three working days and giving you the outcome within 28 working days, or keeping you updated if it is complex.
The Commonwealth Ombudsman can investigate DVA's administrative actions. It generally won't look at a complaint until you have raised it with DVA. It can't change a decision, but DVA's policy library notes the Ombudsman can recommend an Act of Grace payment. Call 1300 362 072 or go to ombudsman.gov.au.
When Act of Grace may be the right route
An Act of Grace payment may fit when:
- the problem involves a non-corporate Commonwealth entity such as DVA, or a contractor working for one
- you have used, or can't use, review, CDDA and complaint options
- the effect on you was unintended and unfair, specific to you and outside your control.
It is unlikely to help if the only argument is that the rules have since changed, or that someone in your position now would get a benefit you couldn't get then. It isn't a hardship payment, and it isn't used to revisit a CDDA claim that was refused.
How to apply for an Act of Grace payment
- Collect the decision letters, review outcomes, CDDA outcome and complaint responses you already have.
- Download the Act of Grace application form from the Department of Finance website.
- Explain the Commonwealth action or policy involved, why your circumstances are special, how it affected you personally and financially, which other remedies you tried, and why a payment is appropriate. Attach documents that support each point.
- If someone is applying for you, include a power of attorney or other written authority, or complete the authorised representative section of the form.
- Email the form to [email protected] or post it to the Discretionary Payments Section, Comcover and Discretionary Payment Claims Branch, Department of Finance, One Canberra Avenue, Forrest ACT 2603. Finance can't open files shared through third-party storage links.
Finance will usually ask DVA or the other agency involved for a submission. You receive a copy and generally have four weeks to respond. There is no time limit for a decision. If you're refused, you can ask Finance to reconsider if there was a serious factual error or you have significant new evidence, complain to the Ombudsman about how the request was handled, or seek judicial review. Read how Act of Grace decisions are made.
View the current application process
Getting help
Free ex-service organisation advocates can help with DVA reviews and Veterans' Review Board applications. For a legal claim or judicial review, get independent legal advice. If the dispute is taking a toll, Open Arms offers free, confidential counselling on 1800 011 046, 24 hours a day. In an emergency, call 000.