Fund Administration Agent
- Upon recipt of a claim, the FAA will allocate a unique claim number to the claim and register it on its claims administration database. This number should be referenced in all contacts with the FAA and the Office of the Solicitor-General.
- JLT is responsible for administering all claims in accordance with written instructions provided by agencies and, where applicable, the Office of the Solicitor-General. This includes:
- providing ongoing claims management (not legal) advice and assistance to agencies;
- forwarding agency instructions to the Office of the Solicitor-General where applicable, and liaising between the Office of the Solicitor-General and agencies;
- regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim;
- where required, negotiating settlements with third parties with regard to small claims (ie claims up to $5 000);
- where appropriate, ensuring that a Deed of Release is prepared by the Office of the Solicitor-General and signed by the claimant to prevent further action arising from the same incident. The FAA is under instruction not to release a settlement cheque without a signed Deed of Release; and
- paying claim costs and settlements.
It is important that all claims are registered by the FAA to ensure that the Crown's contingent liability is not underestimated.
Office of the Solicitor-General
The office of the Solicitor-General is exclusively responsible for providing legal advice on claims.
The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex claims and any claims concerning personal
injury (excluding those personal injury claims made by approved agency volunteers
where the amount of the claim does not, or is not likely to, exceed
Large and/or complex claims include
all claims EXCEPT FOR claims that meet ALL the following criteria:
the amount claimed is less than $10 000 (including legal costs arising from the one event or connected series of events; and
the State’s legal liability is clear; and
there is unlikely
to be any suggestion in future that settlement constitutes a precedent for
The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency (refer above).
The Office of the Solicitor-General will arange for external legal asistance, in consultation with the agency, if it determines that it is required.
Agencies are ultimately responsible for the management of claims and must instruct JLT in writing and, where appropriate (refer above) the Office of the Solictor-General, regarding the management of those claims.