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.
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