Online compensation claims

Council assesses all claims for compensation in accordance with the Civil Liability Act 2002 (CLA). An incident that has occurred on council-owned or managed land does not automatically mean that Council is liable or will provide compensation.

We will not be liable for loss or damage unless you can prove Clarence Valley Council has acted negligently or is in breach of the law. It is your responsibility to prove Council acted negligently. In establishing liability, consideration will also be given to whether your actions contributed to the loss/damage.

Establishing negligence can be time consuming and often difficult. If you hold an insurance policy which provides cover for this type of loss (i.e. motor vehicle or property insurance), you may find it quicker and easier to lodge a claim with your own insurer as, in most cases, proving negligence is not required.

How long does the process take?

The process of conducting enquiries and determining an outcome can take 4 to 6 weeks. Sometimes there are delays in obtaining information which is beyond our control (i.e. information required from third parties, contractors or witnesses). We will try to respond to claims as quickly as possible, but claims brought in negligence are often quite complicated and we ask for your patience and cooperation during this time.

 

Why can't Council pay on compassionate grounds?

While we regret any incident, we are unable to pay compensation unless a clear legal liability has been established. 

 

Can I engage a lawyer to represent me?

Yes. It is your right to engage a lawyer at any time, however the decision to do so is entirely a matter for you and we accept no liability for legal costs you incur. The issue of legal costs and the risks associated with litigation is something you should discuss with your legal advisor.

 

What is negligence?

To determine negligence you must establish, on the balance of probabilities, 3 essential elements:

1. A duty of care was owed by Council to you; and
2. Council breached the duty of care owed to you; and
3. The loss or damage suffered was caused by Council’s breach of duty of care - put simply, you must establish that your loss has been directly caused by us rather than by other factors.

 

What is the Civil Liability Act 2002 (CLA)?

The CLA was enacted in 2002 because the number of legal cases against public entities had been rapidly increasing. As a result of these legal cases, councils were finding it hard to find insurance companies to cover them, and if they did, the cost of insurance was beyond councils' means.

The CLA is a way for people to take legal action against councils if they can prove the council has acted negligently or breached the law. The CLA promotes the idea of personal responsibility, meaning that councils do not have to warn you of an obvious risk.

 

What is an obvious risk?

An obvious risk is if a reasonable person knew about the risk or ought to (because of common knowledge) have known about the risk. An example of an obvious risk is diving from a ledge into shallow water at low tide, or tripping over something that a reasonable person would have seen. 

 

Why has Council asked for photographs

One of the most effective ways to avoid confusion about the circumstances surrounding your claim is through the use of photographs. Providing photographs with your claim is not essential, however it ensures that we are looking into the correct issues.

Please ensure that you only take photographs if it is safe to do so.

If you do wish to provide photographs, we request that you provide a variety of shots and angles to clearly show the situation that supports your claim.

 

What Information do I need to attach to my claim for compensation?

If you have suffered a personal injury you are required to provide:

  • Photographs of the exact location where the injury took place;
  • Photographs of the injury if relevant; and
  • Receipts/invoices for any medical expenses related to the incident.

If you are claiming property damage you are required to provide:

  • Original receipts/invoices for the damaged property and a minimum of 2 independent quotes for repair/replacement of the damage; or
  • If it relates to vehicle damage, please provide the relevant vehicle details i.e. registration number, driver details etc.;
  • Photographs of the damaged property / vehicle;
  • Copies of any expert opinions and/or any report on which you wish to rely on to support your allegation that the damage is due to negligence by council; and
  • Details of all expenses incurred and the specific amount you are seeking. You will be required to provide documentation to substantiate all amounts claimed.

Should I contact Council during the investigation process?

We will contact you regarding the ongoing conduct of your request and a determination will be provided within 4 to 6 weeks. Should you have additional information to substantiate your claim then you should forward it to us.

 

 

It is very unlikely we will be held liable, and therefore cannot pay compensation, if:

  • you cannot establish the cause of the damage
  • the damage was caused by, or resulted from, a weather event - e.g. fallen trees/branches
  • the damage was caused by defects when we were not previously aware of the problem e.g. potholes, footpaths, tree roots etc.
  • Council is complying with its statutory duties under the relevant legislation
  • the incident relates to the condition of pit lids or other infrastructure belonging to utility companies; or 
  • the damage was caused by a contractor acting on behalf of the council e.g. roadworks, parks maintenance etc. Such claims will be referred to the relevant contractor to respond to you directly.

Submitting a claim

Acceptance of our claim form does not mean that Clarence Valley Council admits liability for your loss.

We will provide an automated email acknowledging that we have received your claim.

Make a compensation claim 

 

 

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