Lodging a claim against Council

Legislation

Before Council is obliged to pay compensation for any injury, loss or damage suffered, it must be established that this injury, loss or damage was caused as a result of Council's negligence. 

Claims for injury or damage are considered against the requirements of the Civil Liability Act 2003 (the Act) and common law (law developed by judges using precedents).

The Act describes the principles in deciding whether a public or other authority has a duty or has breached a duty. In doing so, the Act recognizes that;

• the functions performed by councils are limited by financial and other resources;
• the general allocation of financial or other resources is not open to challenge;
• the functions required to be exercised by councils are to be considered against the full range of functions; and
• councils may rely on compliance with general procedures while carrying out their functions.

For Council to be held liable, the incident, that caused the alleged injury or property damage, must have been foreseeable and, it must be shown that Council owed a duty of care and, that the duty was breached thus resulting in the alleged injury or property damage.

As all decisions are made with consideration to the Act and common law, please consider the circumstances carefully before making a claim as a favourable outcome will ONLY result if there is a sufficient weight of evidence to support the claim AND, negligence on Council's behalf can be demonstrated.

If you are insured privately for the damage or injury sustained, such as motor vehicle insurance, you may wish to report the claim to them. If covered they may settle your loss and then pursue recovery against the Council on your behalf.  

Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.

Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by the Council in successfully defending claims made against the Council.

Should you wish to make a claim directly from Council please complete the 'Notice of Injury, Loss or Damage - Claim Form’ provided in the link below and provide information and details including photographs and documentation as required.

Completion and acceptance of the  Notice of Injury, Loss or Damage - Claim Form does not represent an admission of liability or a waiver of its rights on the part of Council.

Report the matter direct to the Council Officers at the scene of the incident or, contact your local Customer Service Centre immediately or, at your earliest opportunity after the incident has occurred.

Note: Reporting the incident immediately after it has occurred will ensure Council's investigation of the incident is not prejudiced and bring to light any issues requiring Council's immediate attention.

In all cases Council requires a Claim Form AND supporting evidence which clearly identifies the following:

1. WHO is making the claim?

• Your full name
• Your residential address
• Your postal address (if different to above)
• Your contact phone number
• Customer Reference Number (if already provided by Customer Service – refer Step 1).

2. WHAT happened?

• Details are to be provided of the circumstances surrounding the incident.

3. WHEN did the incident occur?

• Provide date and time of the incident.

4. WHERE did the incident happen?

• Details are to be provided for the incident location (if damage has occurred along a road, the nearest rural number is to be used or a measure of distance from the nearest intersection or junction).

5. WHY?

• Provide details as to why you believe Council is responsible for your loss/damage/injury?

6. QUANTUM

• Details are to be provided which clearly identify what you are claiming for and/or the amount you are claiming.

NOTE: It is your responsibility to provide Council with sufficient evidence to support your allegation(s), including (but not limited to) the following:

• 2 x repair quotations from reputable repairers or, a copy of the relevant repair invoice (where applicable);
• Photographs clearly depicting the loss, damage, or injury;
• Photographs clearly depicting the alleged cause;
• Eyewitness statements (if applicable).

**Note to submit form electronically you will need to download it as a PDF.**

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