Injury or property damage reporting process
What is the claim reporting process?
If you would like to report an injury sustained on Council property or damage to your property, you can follow this process to make a report.
- Report the issue to Council or contact Council by phone if the issue which caused the injury or damage is dangerous or requires repair.
- Complete the Request for Compensation form (PDF 89Kb). This claim form should only be used if you intend making a claim against Council.
- Submit documents and photographs you wish to be considered with your claim.
It is in your interests to submit as much information as possible. These documents may include photos, repair quotes, invoices, receipts, medical reports or engineers reports, depending on what you are claiming.
If you believe a Council tree has caused damage to your drain, you need to supply a plumber's report outlining the exact location and extent of the damage, owner of the pipe, previous relevant history of blockages, type of tree if known, the position of the Council tree and other vegetation in relation to the area of blockage, condition and type of construction of the drain, reasons you believe Council has contributed to the blockage, and photographic evidence.
- Return the form by mail to OHS and Risk Management, Moreland City Council, Locked Bag 10, Moreland 3058. Alternatively, you can drop in the form at a Council Customer Service Centre.
- Council reviews the form and forwards to Council's claims manager, National Claims Solutions, within three business days of receiving the form.
Once you have lodged a form with Council, any calls regarding the claim should be directed to National Claims Solutions on 8199 7906. Please allow three working days before contacting the claims manager.
- National Claims Solutions, on behalf of Council, will investigate the circumstances surrounding the incident to establish whether or not Council has any legal liability.
Completion and acceptance of a Request for Compensation form does not represent an admission of liability on the part of Council or their insurers, or a waiver of its rights on the part of Council.
Your claim will be subject to investigation and assessed on its own merits.
The process can take up to 6 to 8 weeks, however, this time frame can be longer if there are delays in obtaining information and other factors beyond the our control. National Claims Solutions will endeavour to respond to claims as quickly as possible.
When it is unlikely that Council is liable to pay compensation
Please note it is very unlikely Council will be liable to pay compensation in the following circumstances:
- You are not able to establish the cause of the damage.
- The damage was caused by or resulting from a weather event.
- When Council has complied with its Road Management Plan (DOC 5Mb) which sets out the standards by which it maintains its roads and footpaths.
- Incidents on roads and footpaths which are not on Council’s Road Register, e.g. arterial roads and private access roads.
- Motor vehicle damage which is less the threshold amount set down by section 110 of the Road Management Act 2004.
- Damage caused by tree roots when Council was not previously aware of the problem.
- Damage caused by a contractor acting on behalf of Council, e.g. roadworks, parks maintenance. Such claims will be referred to the relevant contractor to respond directly.
- Incidents relating to the condition of pit lids or other infrastructure belonging to utility companies, e.g. Telstra, Optus, NBN, water, power and gas companies. Refer to the relevant utility company website for information on how to make a claim.
- The asset and damage is the responsibility of the property owner. For example, see stormwater drains on private property.