Requests for Compensation
Submitting a Request for Compensation
If you believe Council has caused you injury, damage or loss, you can request compensation. You will need to demonstrate that Council’s negligence was the cause of the injury, damage or loss.
Complete a Request for Compensation form, providing all requested and relevant information. You can return this information to Council through the instructions on the form.
Request for Compensation form(PDF, 165KB)
Assessment Process
Council will forward your request to its claim management provider, Echelon, who will conduct an independent third-party liability assessment. Echelon will liaise with you directly.
In some circumstances it may take as long as eight weeks to receive an outcome. However, this timeframe can be longer due to delays in obtaining information and other factors.
Additional information
Pedestrian and personal injury requests
Any requests for compensation are assessed for negligence and in accordance with Council’s legal duties. The courts have stated that councils are not legally responsible for incidents caused as a result of a defect that could have been seen by an ordinary person keeping a proper lookout.
If your incident involved an obvious and visible defect, it is likely that Council will have no legal liability and your claim will be unsuccessful. Council cannot pay compensation just because an incident occurred on Council land or in connection with an asset that belongs to them.
If you are making a request for compensation relating to pedestrian/personal injury, please be sure to provide supporting evidence such as a photo of the precise location where the incident occurred (if possible, mark the photo with an 'X' where the incident took place).
Roads and footpaths
Council is committed to maintaining all roads and footpaths to the highest standards possible, but it is not possible to keep all roads and footpaths in perfect condition all the time. Additionally unexpected events can result in significant deterioration in a short period of time.
Council may not be liable for damages arising from potholes and other hazards unless Council was aware of the problem and has been negligent in not addressing the risk within its ability.
Council is not liable for property damage caused by the condition of the road or road infrastructure that is equal to or less than the threshold amount, as outlined in the Road Management Act 2004. For the 2024/25 year, the threshold amount is $1640.00. This means that any damage caused by a road or footpath with a value less than the threshold amount will not be compensated by Council.
Damage caused by trees
No strict liability exists where the owner of a tree is automatically responsible for any resultant damage or loss. Therefore, all requests for compensation must consider whether Council owed a duty of care to you (if a duty was owed at all), that it breached that duty of care and that this resulted in damage. In cases where Council has acted reasonably and adhered to all proactive and reactive tree inspections, Council cannot be found liable for the claimed loss.
Damage caused by vehicles
If a council officer has caused damage to your property or vehicle, the relevant staff member will provide you with the necessary information at the time of the incident.
However, there may be times when a council officer un-knowingly causes damage to your property. If you believe that a Council officer has damaged your property, please complete the Request for Compensation form and Council will investigate the incident.