Before submitting a claim
In accordance with relevant legislation and the Civil Liability Act 2002 (NSW), all claims are assessed based on its individual circumstances.
Incomplete or incorrect forms may delay the assessment of your claim, so please ensure all information is accurate before submitting. If you have insurance, contact your insurer first; if they believe Council is responsible, they will reach out to us on your behalf.
You’ll need to provide evidence to support your claim, such as photos, videos, quotes, invoices, medical documentation, reports or witness statements.
Types of claims
You can submit a claim for the following types of incidents:
- Personal injury - physical harm suffered by a person as a result of an accident or incident.
- Property damage - Damage to your home, vehicle or other belongings.
- Tree related damage - When a Council owned tree (or its roots or branches) causes damage.
- Sewer or stormwater issues - when overflow or damage is believed to result from Council infrastructure.
- Road or pothole damage - Vehicle damaged caused by a defect on Council managed road (Roads managed by Transport for NSW are not Council’s responsibility).
- Waste or collection incidents - Damage involving red general waste garbage trucks or bin collection services operated by or on behalf of Council.
Exclusions for compensation
It is very unlikely that Council will be liable to pay compensation in the following circumstances:
- Council is complying with its statutory duties and responsibilities under relevant legislation, including the Civil Liability Act 2002 (NSW).
- You are unable to prove that Maitland City Council was legally responsible for your loss or damage.
- You have not provided enough evidence to support your claim.
- The loss or damage was caused by an act of nature, such as wind or storm events beyond Council’s control.
- Council had no prior knowledge of the issue that caused the damage. You can report issues or incidents via MyCouncil.
- The incident occurred on a road that Council does not manage.
- The damage, loss, or injury was caused by a contractor acting on behalf of Council.
- The incident involved infrastructure owned by utility providers, such as Telstra, Optus, NBN, water, electricity, or gas companies.
- The responsibility for maintenance of your property lies with the property owner, including stormwater systems, gutters, downpipes, gully pits, and other drainage components.
How to request compensation
Step 1: Review the terms and conditions to ensure your claim meets the criteria for compensation. Gather your supporting documentation and incident information ready for upload.
Step 2: Complete an application online via MyCouncil.
Council will investigate the circumstances surrounding the incident to establish liability. All claims will be considered on their individual circumstances. Your claim will be acknowledged within 5 working days of submission and the investigation may take 4 - 8 weeks, depending on the claim type.
Step 1: Review the terms and conditions to ensure your claim meets the criteria for compensation.
Step 2: Download the Request for compensation form, complete and submit by email.
Council will investigate the circumstances surrounding the incident to establish liability. All claims will be considered on their individual circumstances. Your claim will be acknowledged within 5 working days of submission and the investigation may take 4 - 8 weeks, depending on the claim type.