Lodging a claim against Council

If you have sustained damage or injury and you believe Council is responsible, you may lodge a claim for Council’s consideration.

Council treats all claims seriously and the circumstances surrounding claims are investigated fully before making an informed decision; therefore, to ensure the accuracy of Council’s investigation and, to ensure Council’s investigation is not prejudiced, all claims are to be made as soon as practically possible and must be received in writing.

How are claims considered

Claims for injury or damage are considered against the requirements of the Civil Liability Act 2003 (the Act) and common law (law developed by judges using precedents).

The Act describes the principles in deciding whether a public or other authority has a duty or has breached a duty. In doing so, the Act recognizes that;

  • the functions performed by councils are limited by financial and other resources
  • the general allocation of financial or other resources is not open to challenge
  • the functions required to be exercised by councils are to be considered against the full range of functions
  • councils may rely on compliance with general procedures while carrying out their functions.

For Council to be held liable, the incident, that caused the alleged injury or property damage, must have been foreseeable and, it must be shown that Council owed a duty of care and, that the duty was breached thus resulting in the alleged injury or property damage.
As all decisions are made with consideration to the Act and common law, please consider the circumstances carefully before making a claim as a favourable outcome will only result if there is a sufficient weight of evidence to support the claim and, negligence on Councils behalf can be demonstrated.

 

Step 1 - Pre-advice

Report the matter direct to the Council Officers at the scene of the incident or, contact your local Customer Service Centre immediately or, at your earliest opportunity after the incident has occurred.

Note: Reporting the incident immediately after it has occurred will ensure Council's investigation of the incident is not prejudiced and bring to light any issues requiring Council's immediate attention.

Step 2 - Prepare claim documentation

In all cases Council requires a Letter of Demand which clearly identifies the following:

1. WHO is making the claim?

  • Your full name
  • Your residential address
  • Your postal address (if different to above)
  • Your contact phone number
  • Customer Reference Number (if already provided by Customer Service – refer Step 1)

2. WHAT happened?

  • Details are to be provided of the circumstances surrounding the incident

3. WHEN did the incident occur?

  • Provide date and time of the incident

4. WHERE did the incident happen?

  • Details are to be provided for the incident location (if damage has occurred along a road, the nearest rural number is to be used or a measure of distance from the nearest intersection or junction)

5. WHY?

  • Provide details as to why you believe Council is responsible for your loss/damage/injury?

6. QUANTUM

  • Details are to be provided which clearly identify what you are claiming for and/or the amount you are claiming

NOTE: The Letter of Demand is to be submitted to Council along with supporting documentation including (but not limited to) the following:

  • 2x repair quotations from reputable repairers or, a copy of the relevant repair invoice (where appropriate)
  • Photographs clearly depicting the loss/damage/injury
  • Eyewitness statements (if applicable)

Step 3 - Submit your claim

Your claim can be lodged by either of the following means;
a. If you have access to email, you can email your claim documentation.
b. If you do not have an email account, you can mail your claim documents to: CEO, PO Box 3021, TOOWOOMBA QLD 4350
c. You can hand-deliver your claim documents to your nearest Customer Service Centre.

 

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