Designing the CDDA Learning Collection CD/002
PROJECT UPDATE
Progress
I’ve been happy with progress made on this project in the past week. We’ve started to gather key CDDA Scheme resources, develop learning pathways, and have prepared a set of Case Summaries:
· Bond and Secretary, Department of Social Services (Social services second review) [2021] AATA 1458
· Barnett v Minister for Health and Aged Care [2023] FCA 1139
· Singh v Minister for Government Services [2024] FCA 368
· Burns v Minister for Veterans’ Affairs [2025] FCA 1096
· Plonsker v Secretary, Department of Employment & Workplace Relations [2024] AATA 2716
Veterans’ ADR
Burns Case will be of interest to readers who may be following the development of WorkAccord’s Veterans ADR program. It was a case in which the veteran unsuccessfully tried to access the CDDA pathway when his Special Rate Pension was reduced due to offsetting provisions in the Veterans Entitlements Act 1986 (VEA).
Feeling that the system had failed him, the veteran turned to the CDDA Scheme—a program designed to help people who suffer from administrative mistakes by the government. He argued that the Department of Veterans’ Affairs had misapplied the law, specifically the offsetting provisions in the VEA, and that this misapplication caused him detriment.
The Federal Court emphasised that the CDDA scheme is concerned with defective administration, not with dissatisfaction regarding the way the law works.
AAT Insights
The two AAT cases (Bond and Plonsker) – whilst not binding – are of interest because they provide insights into the type of circumstances in which the Tribunal – and even departmental representatives – might suggest that claimants access the RMG 409 CDDA or the RMG 401 Act of Grace pathways.
But keep in mind that these are only ever suggestions – not guarantees. The challenge, in each case, will be in knowing how to plan and execute an approach that will not simply result in the Department “putting up the shutters”.
Where to Find the Resources
I’ve placed these resources in the Public Administration/ CDDA Scheme/ Cases collection in the WorkAccord Learning Community Library. They are available to community members – including Gateway Plan members - to read and use. There is no charge for becoming a Gateway Plan member of the community. Please check it out. It would be great to see you over in the learning community.
I’ll report again on this project next week.
Andrew.