Claim for Compensation

Claims Against Council
Tamworth Regional Council is committed to providing the best in practice for all its services, however we understand that from time to time incidents may occur.
While we are sympathetic to anyone incurring an injury or sustaining a loss, the fact that an incident has occurred does not necessarily mean we are liable to provide full compensation.

To be entitled to compensation it must be determined that the injury/loss/damage was caused as a result of Council's negligence.

We have provided the information on this page to help make it easier for community members to navigate the process for making a claim against Council.

Loss or damage resulting from an act of nature such as wind or storm is beyond our control. There are also times when injuries are sustained due to failure by an individual to ‘‘take reasonable care’’ to ensure their own wellbeing.

As establishing negligence can be time consuming and difficult, if you hold a policy of insurance i.e. motor vehicle or domestic insurance, you may wish to consider lodging a claim with your insurer because, in most cases, proving negligence is not required.

Council has a set process for the investigation of all incidents. This process can take up to eight weeks. Negligence claims are often complicated and we ask for your patience and co-operation during this time.

 

To make a claim, fill out the form at the bottom of this page, alternatively you can download the form (PDF 165.4KB)

 

Claims unlikely to result in compensation payment

It is highly unlikely we will be liable to pay compensation in the following circumstances:

  • If you have not completed the request for compensation form with the appropriate supporting evidence
  •  You are unable to establish the cause of your damage
  • Trees - where damage was caused by shedding or resulting from a weather event
  • Trees - damage caused by tree roots when we were not previously aware of the problem
  • When we are complying with our statutory duties under relevant legislation
  • Incidents on roads and footpaths which are not on our Road Register e.g., arterial roads and private access roads
  • Damage caused by a contractor acting on behalf of us e.g., roadworks, parks maintenance etc. Such claims are to be made directly to the relevant contractor
  • 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
  • Claims for asset and damage where the responsibility to maintain falls on the property owner e.g., private property owners are responsible for maintaining stormwater pipes, gutters, downpipes, gully pits and any other components of drainage systems in good condition, and in compliance with our requirements. This includes maintenance of the stormwater system on the property as well as any connection to our stormwater system. When redirecting and/or concentrating stormwater flows, property owners are required to collect the stormwater and direct it to a legal point of discharge.

What guides our decision making?

We are guided by the Civil Liability Act 2002 (NSW). The Act sets out a number of principles to be employed in determining whether Council is liable for injury or damage. Council also uses the guidance from previous law cases that has set precedence in setting standards for duty of care and the like. Council also works under provisions of the Local Government Act 1993 Section 382.
Should you wish to make a claim against us, please complete and submit the Claim for Compensation form below. Please include all relevant documentation and photos of the alleged accident/incident site to support your claim.
This documentation should be in the form of:

  • Written incident report/s;
  • Two written quotations from reputable repairers or copy of repair invoice (where applicable);
  • Photographic evidence clearly depicting the loss, damage or injury;
  • Photographic evidence depicting the alleged cause; and
  • Written witness statements (if applicable).

Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage. Council cannot assist you in this.

Footpath trips and falls 

Council as a local Roads Authority has responsibility for the footpaths within the Tamworth Local Government Area. We conduct regular inspections of the footpath network and are continually assessing damaged areas and prioritising repair work.
Before we are obliged to pay compensation for injury or damage suffered on our footpaths, it must be established that this injury or damage was a result of our negligence.

The legislation that applies to our responsibility for injury or damage resulting from the use of local roads, including footpaths is the Civil Liability Act 2002 (NSW). The Act sets out a number of principles to be employed in determining whether we are liable for injury or damage. For example, section 45 of the Act provides non-feasance protection for roads authorities.

"A roads authority is not liable in proceedings for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm".
The principles concerning to the management of our resources in exercising its function as a Roads Authority are set out under section 42 of the Act:
(a) "The functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions
(b) The general allocation of those resources by the authority is not open to challenge
(c) The function required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceedings relate)".

Accordingly, we may not be liable for injury or damage arising from a footpath hazard unless we were aware of the hazard and had not addressed the risk within the reasonable limits of our resources.

We recommend that you seek independent professional legal advice if you are unsure about whether you are able to claim for your loss or damage.

Council is sympathetic to persons incurring an injury or sustaining a loss. However, the fact that an incident has occurred does not mean we are liable to provide compensation. Before we consider payment of compensation, proof supporting your allegation is required that the loss or damage claimed has been caused by negligence on our part and/or our employees or agents.

For a claim to be considered, evidence must be provided to us for consideration. The onus lies on you as the claimant to provide sufficient evidence or proof to substantiate your claim.

Mowers and Brush cutters 

Unforeseen accidents, where a stone or hard object is thrown up from a Council mower or brush cutter, can happen unexpectedly.

Council is sympathetic to persons incurring an injury or sustaining a loss. However, the fact that an incident has occurred does not mean we are liable to provide compensation (some companies, strata complexes and other organisations may organise mowing and brush cutting works which are not at the direction of Council).

For a claim to be considered, evidence must be provided to us for consideration. The onus lies on the claimant to provide sufficient evidence or proof to substantiate your claim.

If you are unsure about whether to claim for your loss or damage we recommend that you seek independent professional legal advice.

Should you wish to make a claim against us, please complete and submit a Claim for Compensation form located below. Please include all relevant documentation and photographs of the alleged accident/incident to support your claim.

Potholes

Council maintains a large road network within its Local Government Area. A regular inspection of our road network is conducted assessing damaged areas to prioritise repair work.
If you would like to report a pothole please complete report it using the MyTRC app

Should you wish to make a claim Council must establish an injury, loss or damage was caused as a result of our negligence prior to us paying compensation.
Please refer to the information below before completing the Claim for Compensation form. All relevant documentation and photos of the alleged accident/incident is to be included to support your claim.

The Civil Liability Act 2002 (NSW) is legislation that applies to our responsibility for damages resulting from potholes or any other hazards on its roads. The Act sets out a number of principles to be employed in determining whether it is liable for injury, loss or damage suffered by road users. For example, section 45 of the Act provides non-feasance protection for road authorities:

A roads authority is not liable in proceedings for civil liability to which this Part applies for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in harm.

Principles concerning management of resources and responsibilities as a Roads Authority are set out under section 42 of the Act

(a) The functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions
(b) The General allocation of those resources by the authority is not open to challenge
(c) The functions required to be exercised by the authority are to be determined by reference to the broad range of its activities (and not merely by reference to the matter to which the proceedings relate).


Accordingly, we may not be liable for damages arising from potholes and other hazards unless we were aware of the pothole and other hazards and have been negligent in not addressing the risk within our ability in terms of resources.

We recommend that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.

Public Trees

Council considers trees to be significant capital assets. They are as much part of the community infrastructure as roads and footpaths. All existing trees, new plantings and potential planting sites are recorded in Council’s Tree Asset Management System.

We are responsible for the city’s public trees. This includes:

  • Visual tree assessments and reports
  • Pruning young trees to create good form and structure
  • Mulching
  • Weed control at the base of trees
  • Pruning mature trees where require
  • Tree removal where required.


If a public tree requires maintenance, has suffered damage, or appears to be causing damage to a footpath you can contact us by calling 6767 5555, complete a Contact us form or 'Report It' through the MyTRC App.  We will assess the situation and determine the need for maintenance and the priority of any work required.

You should not prune or remove public trees yourself. The NSW Local Government Act 1993 makes it an offence to interfere with a plant in a public place.

For a claim to be considered, evidence must be provided to us for consideration. The onus lies on the claimant to provide sufficient evidence or proof to substantiate their claim. This requires providing photographs, professional experts' reports (e.g. a report from an arborist or a plumber) to demonstrate our trees have directly caused the alleged damage.


The following is a guide to the minimum documentary evidence required by us for claims relating to alleged damage to driveway crossovers on public land, fences or walls along property boundaries, sewer and stormwater and structures alleged to have been caused by our trees.
It is highly unlikely TRC will be liable to pay compensation for claims relating to:
1. Shedding - trees are a natural part of the environment and the shedding action of trees is beyond our control.
2. Weather events - weather events are out of our control and considered an Act of God.

Council suggests you contact your insurance company directly to make a claim relating to shedding or weather events.
Should you wish to make a claim, please complete the Claim for Compensation form below. Please include all relevant documentation and photos of the alleged accident/incident to support your claim

Claim for Compensation Form

Only complete this form if you are the person claiming personal injury or you are the owner of the motor vehicle or property. 

Please Note: The request of this information is not acceptance of liability. All claims are assessed on their own merit and any payments made will come from Tamworth Regional Council.

Completion and acceptance of the Claim for Compensation form does not represent an admission of liability or a waiver of its rights on the part of Council. Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by Council in successfully defending insurance claims made against Council.

Contact
Type of Compensation Sought
Please select the compensation being sought* - required
Date and Time of the Alleged accident/incident
Was the incident reported to a TRC staff member when it occurred?* - required
Further Details
Location of the alleged accident/incident
Insurance Details
Have you claimed against your insurer?* - required
If yes, please provide the following:
Witness

It is the responsibility of the claimant to obtain the witness statement and submit with your claim.

If a witness statement has not been attached to your claim, a decision will be made in the absence of this evidence. Council reserves the right to use its discretion whether to contact the nominated witness(es)

Did anyone witness the accident/incident?* - required

If yes, please provide the following witness details:

Evidence and supporting documentation

You are required to establish that Tamworth Regional Council caused the alleged loss and/or damage through some form of negligence. In any public liability claim, the burden of providing proof of negligence rests with you as the person seeking compensation. We cannot assist you in this. Evidence and supporting documentation are required to evaluate your claim. If this information is not provided your application will not be processed.


Examples of suitable evidence may include items such as a report from a qualified service provider i.e., engineer, plumber or a medical practitioner.

Do you intend to supply supporting evidence?* - required

Incident Sketch Diagram

If relevant please provide a sketch of the incident, scan and attach below as a PDF document. This could include references such as direction of traffic, geographical reference points, observations and other relevant information.


Evidence/Supporting Documentation File Upload
Photographs/video

One of the most effective ways to avoid confusion about the circumstances surrounding your claim is through the use of photographs/video. We use photographs/video to ensure we are investigating the correct location and/or issue.

Only take photos if it is safe to do so. You are requested to provide a variety of shots and angles to clearly show the situation that supports your claim.

Your photographs/videos need to show the following (where applicable):

Vehicle damage examples:

•       The area that has sustained damage e.g., car door, windscreen

•       A photo clearly showing the side where the damage occurred e.g., passenger/driver’s side

Personal injury examples:

•       A clearly marked area where the accident/incident occurred

•       A photo clearly showing the surrounding area in relation to the alleged hazard

Do you intend to supply supporting photographs/video?* - required
Authority for an Agent to Act
Do you wish for a third party to act on your behalf in this claim? (e.g. solicitor, family member or advocate)* - required
If yes, please provide the following:

Please type your signature

Please sign here

Declaration and Acknowledgement
Have you supplied all the documentation you intend to rely on to supply your claim?* - required
Have you attached all the required photos, videos or any other electronic evidence you intend to rely on to support your claim?* - required

I declare that the information supplied to Tamworth Regional Council in this claim form is true and correct and confirm the statements are honestly made. Completion and acceptance of this form (including completion of the Authority for an Agent to Act, when completed) does not represent an admission of liability on the part of us and/or our insurers. Your claim for compensation will be subject to investigation and will be assessed on its own merits.

Please type your signature

Please sign here

Privacy Disclaimer
Tamworth Regional Council is committed to protecting your privacy. We take reasonable steps to comply with relevant legislation and our Privacy Management Plan. By giving us your personal information, you consent to us collecting, storing, using and disclosing it in accordance with our Record Management Policy.

Purpose: 
We will use the information to process your claim.

Intended recipients: 
Authorised CN Officers, contractors or agents.

Supply: 
Voluntary.

Consequence of non-provision: 
We may not be able to process your claim.

Storage and security:
Information will be stored in our electronic database and will only be available to authorised Council Officers, contractors and agents and will be kept in accordance with the State Records Act and our Record Management Policy.

Access:
Your information can be checked for accuracy by calling us on 6767 5555 


Completion and acceptance of the Claim for Compensation form does not represent an admission of liability or a waiver of its rights on the part of Council. Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by Council in successfully defending insurance claims made against Council.

To submit your form, click the submit button below. It may take a minute for the form to process, so please do not keep clicking this button. 
Privacy Statement

Personal information supplied to or collected by Tamworth Regional Council will only be stored and processed by Council for lawful purposes directly related to the functions and activities of Council.  Any personal information supplied will only be disclosed to a third party for the purpose of performing a lawful function or activity and for no other purpose. Disclosure of personal information to a third party will be in accordance with Tamworth Regional Council's Privacy Management Plan.

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