Our role

The State Claims Agency's 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, it seeks to act fairly, ethically and sensitively in dealing with people who have suffered injuries and/or damage, and their families. In cases where its investigation concludes that the relevant State authority bears some or all liability, the State Claims Agency seeks to settle claims expeditiously and on fair and reasonable terms. If it considers that the State is not liable or that the amount sought in compensation is excessive, the State Claims Agency's policy is to contest the claim or level of claim.

Claims resolution approach

On notification of a claim, the State Claims Agency manages the claim on behalf of the relevant State authority and works with it to examine the circumstances and facts of the claim to determine liability.

The State Claims Agency's approach to assessing liability and resolving a claim is informed by its 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 the State Claims Agency make a decision on how to appropriately resolve the claim.

The State Claims Agency seeks 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, 56% of claims resolved by the State Claims Agency in 2024 were resolved without court proceedings being served. The State Claims Agency paid damages in 59% of all cases resolved in 2024. Just over 2% of cases resolved by the State Claims Agency in 2024 were the subject of a court judgment.

Specialist claims units

Claims are managed from their initial notification through to final resolution through the State Claims Agency's claims resolution units:

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