Request For Compensation

The process of investigation and determination of negligence can take 4 to 8 weeks.  Sometimes there are delays in obtaining information that is beyond our control (such as information from 3rd parties, contractors, or witnesses).  We endeavour to respond to your request for compensation as quickly as possible, but some claims are often quite complicated and we ask for your patience and co-operation during this time.

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 any legal costs that you may incur.  The issue of legal costs and the risks associated with litigation is something you should discuss with your legal advisor.

In any public liability claim, the burden of providing proof of negligence rests with the person seeking compensation.  Accordingly, you are required to provide evidence to support your allegation and one of the most effective ways to avoid confusion about the circumstances surrounding the alleged incident is through photographs.  Without this information, we are unable to be sure we are investigating the correct issues.  Photographs should be in colour and make note of the date and time the photograph was taken, and by whom.

• A clear and comprehensive description of the incident
• Photographs of the exact location where the injury took place
• Photographs of the injury (if relevant)
• Receipts or invoices for any medical expenses related to the incident
• Details of any claimed loss of earnings together with wage records showing details of your earnings and any sick leave pay which you have received
• If you wish to make a claim for out of pocket expenses such as medical costs, medication, or lost wages, you will be required to provide documentation supporting your claim such as a letter from your employer, receipts, copies of paid accounts etc.

Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways, and vehicles.  Council’s ownership of a tree does not create an automatic liability in the event of a tree causing damage.  There must be some demonstrated act or omission of negligence by Council.  When making a claim for damage to property from a tree that is on Council land, you may include (but are not limited to): photographs, plumbers reports, arborists report, and engineer's report.  Evidence must be provided to Council for consideration before undertaking any repair work.  Please note that under no circumstances are Council trees to be pruned or removed by residents.  Contact Council’s Customer Experience Team on 49349700 for assistance with trees.

Council is responsible for managing over 700km of regional roads in our LGA.  As part of our responsibilities Council conducts regular inspections of the road network, but also relies on the public to report any road defects by lodging a Customer Request with our Customer Experience Team on 49349700, or by email to [email protected]

The road pavement of State Roads is the responsibility of Transport for NSW.  State roads include Raymond Terrace Road, Cessnock Road, and the New England Highway.

Council’s liability for damage caused by any road hazards or potholes will be determined in accordance with the Civil Liability Act 2002 (NSW).

• You are not able to establish the cause of the damage.
• The damage was caused by or resulting from a weather event.
• When Council is complying with its statutory duties under relevant legislation
• Damage caused by a contractor acting on behalf of the Council, e.g. roadworks, park maintenance etc – 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.
• It has been shown that your actions have contributed to causing the loss/damage.