Our role

Our statutory claims management mandate is to manage delegated claims in such manner as to ensure that the liability of the State authorities is contained at the lowest achievable level. In performing this function, we seek to act fairly, ethically and sensitively in dealing with people who have suffered injuries and/or damage, and their families. In cases where our investigation concludes that the relevant State authority bears some or all liability, we seek to settle claims expeditiously and on fair and reasonable terms. If we consider that the State is not liable or that the amount sought in compensation is excessive, our policy is to contest the claim or level of claim.

Claims resolution approach

On notification of a claim, we manage the claim on behalf of the relevant State authority and work with it to examine the circumstances and facts of the claim to determine liability.

Our approach to assessing liability and resolving a claim is informed by our detailed investigation of the claim, as well as a review of the relevant case law, expert reports and solicitor and counsel advices, where required. Only after this investigation and careful evaluation of liability will we make a decision on how to appropriately resolve the claim.

We seek to settle claims, where possible, outside of the formal court process, through negotiation in correspondence, meetings between the parties and utilising alternative dispute resolution methods such as mediation, where appropriate.

The majority of claims are resolved without formal court proceedings being served, for example, 58% of claims resolved by the SCA in 2022 were resolved without court proceedings being served. We paid damages on behalf of State authorities in 57% of all cases resolved in 2022. Just under 2% of all claims were subject of a court judgment.

Specialist claims units

Claims are managed from their initial notification through to final resolution through our claims resolution units:

• The General Claims Unit, which manages General Indemnity Scheme claims
• The Clinical Claims Unit, which manages Clinical Indemnity Scheme claims