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About
The Afghanistan Inquiry Compensation Scheme has been established by the Australian Government to provide compensation to family members of victims of unlawful killing, and individuals who have suffered an unlawful assault or property damage, as established by the Inspector General of the Australian Defence Force in the Afghanistan Inquiry Report.
The Scheme is limited to those matters where the Inquiry found credible information of alleged unlawful assault, property damage or killings by Australian Defence Force members on operations in Afghanistan during the period 2005-2016.
The Scheme does not require the establishment of legal liability. It is entirely separate to any other financial, legal or regulatory mechanism that a person may have access to according to their particular circumstances, which will vary.
Compensation provided under the Scheme may include monetary compensation, non-monetary compensation (for example the construction of a building) and/or a letter of apology or acknowledgment.
The Scheme is established by the Defence (Afghanistan Inquiry Compensation Scheme) Regulations 2024. These Regulations set out the eligibility and decision making process for all claims under the scheme.
The Scheme does not conduct investigations. The Office of the Special Investigator was established by the Australian Government to investigate crimes by the Australian Defence Force in Afghanistan. You can make a report to the Office of the Special Investigator by contacting the Office of the Special Investigator on their Contact us page.
Who may claim
Individuals may be entitled to compensation if they are:
- an individual who has suffered an unlawful assault or property damage
- a family member of a victim of an unlawful killing.
In addition, as part of the outcome of a claim, monetary or non-monetary compensation may be granted to other persons or groups. For example, individuals within a village who relied on a victim to provide a certain service, who now suffer hardship in their absence. Such circumstances could give rise to compensation for an entire village, such as the construction of a community building.
Individuals or groups cannot be compensated if they are member of a terrorist organisation, a sanctioned person or act on behalf of, or at the direction of, a sanctioned entity.
For more information on eligibility, see the definition of eligible recipients in section 5 of the Defence (Afghanistan Inquiry Compensation Scheme) Regulations 2024.
Claim process
Legal advice or representation is not required to make a claim. There are no costs to submit a claim or have it assessed.
The Chief of the Defence Force will determine whether the claim meets the criteria of the Scheme.
Once the claim is determined as eligible, the claim will be referred to the Afghanistan Inquiry Compensation Advocate to determine what compensation is appropriate.
The following matters are considered when determining what compensation is appropriate:
- the particular circumstances of the claimant, such as living arrangements and work status
- if the claim relates to unlawful killing, relationship to, and level of dependency on, the deceased
- the probability that any compensation could benefit a terrorist organisation, sanctioned individual or sanctioned entity
- whether compensation or taking a particular action in response to the claim could endanger the person or group
- any other relevant cultural, gender, societal, economic or geopolitical factors, which will vary from time to time and from region to region within Afghanistan.
Information relating to the above may be sourced from the eligible person or group or through engagement with other individuals or entities. For example, human rights advocacy groups or the Department of Foreign Affairs and Trade.
The Afghanistan Inquiry Compensation Advocate will make a recommendation to the Chief of Defence Force.
The decision of the Chief of the Defence Force will be advised in writing to the claimant.