Compensation claims

Important information you need to know before you lodge a claim

Blacktown City Council certainly sympathises with anyone who suffers injury or experiences damage or loss. However, there is no automatic entitlement to compensation simply because an incident has occurred.

For Blacktown City Council to be held legally liable to pay compensation it must be proven that we owed a duty of care, that we breached our duty of care and were therefore negligent and that the breach caused the incident resulting in the damage or loss. 

Below are some common types of claims—choose the icon that best matches yours to see how Council assesses liability.

When compensation may not be payable

There are situations where Council may not be liable to provide compensation, including:

  • damage by potholes or road defects  
  • trees or branches that fall unexpectedly during or after storms
  • tree root interference with stormwater or sewer or pipes
  • tree root damage where Council had no prior actual knowledge of the issue  
  • footpath defects where Council had no prior ‘actual knowledge’
  • minor footpath defects below recognised intervention levels
  • where our actions have been limited due to available resources
  • incidents involving obvious risks, where individuals are expected to be aware of the potential for harm
  • incidents caused by a contractor undertaking works on behalf of Council - claims should be made directly against the contractor
  • incidents caused by a defect on a utility pit or infrastructure (e.g. Telstra, NBN, water, power, gas) - claims should be made directly against the relevant utility owner
  • incidents that occur on private land not owned or maintained by Council
  • where Council has complied with its statutory duties
  • where a breach of duty of care cannot be established or where Council is legally responsible
  • where insufficient evidence is provided to substantiate the cause of damage or loss

How are compensation claims assessed?

All compensation claims are investigated to determine if we are legally responsible for the damage or loss.

In determining negligence and our legal liability, we consider the legal provisions under the NSW Civil Liability Act 2002 (‘the Act’) as well as any other relevant case law and legislation.

The Act provides us with immunity for defects in the roads reserve which we had no prior ‘actual knowledge’ and recognises that functions exercised by Council’s are limited by available financial and other resources.

Where applicable, we will rely on the statutory protections under the relevant legislation.

Can Council arrange repairs?

No. Council cannot arrange repairs to private assets or pay repairers or suppliers directly.

If Council is legally liable, we will compensate or reimburse the property or vehicle owner upon receiving sufficient evidence of the loss or repair costs (e.g. invoices, receipts, or two comparable quotes).

Payments are made without admission of liability and require a signed Release Agreement. 

How long does a claim take to assess?

Claims may take up to 6 weeks or longer, depending on the information required and complexities of the claim.

If you have insurance, we recommend you consider lodging a claim with your insurer first who can provide immediate assistance, as the lengthy task of proving negligence under your own insurance is not required. Your insurer may then consider recovering costs from Council on your behalf if negligence can be proven.

If you disagree with our decision of your claim

If you disagree with our decision of your claim and wish to seek a review, you will need to provide new or additional documentary evidence or proof to support your position. We will not review our decision if no new or supporting information is provided.

A review of our decision regarding your claim may be considered where:

  • the information on which the original determination was based is incorrect or insufficient, or
  • new evidence becomes available that could reasonably change the outcome of the claim.

If you remain dissatisfied with our decision, we suggest you seek independent legal advice.

 

How to lodge a compensation claim

Lodging a claim: 

All compensation claims must be lodged in writing along with supporting evidence. If you wish to proceed in lodging a claim, you can do so by either:

  • Completing the online compensation claim form below; or

If you are unsure whether you can claim for your damage or loss, we suggest you seek independent legal advice.

Evidence required:

Please ensure you provide all sufficient evidence to support your claim which may include, (but is not limited to):

  • map/diagram marking the exact location where the incident occurred
  • photographs highlighting the exact tree responsible for causing damage
  • photographs of the damage to the property or vehicle
  • a copy of the vehicle registration certificate valid at the time of the incident confirming the registered owner of the vehicle, if applicable
  • 2 quotes to repair the damage to the property or vehicle or receipt/invoice for the costs incurred to repair the damage
  • expert reports and/or evidence confirming causation of damage if caused by tree roots as outlined in the information sheets Tree roots and property damage(PDF, 169KB) or Tree roots interference with pipes(PDF, 165KB)
  • medical reports, hospital discharge summary, clinical records, reports from imaging scans confirming diagnosis and treatment of injuries sustained 
  • copies of receipts or invoices confirming any out of pocket medical expenses incurred
  • medical certificates confirming any periods of incapacity to work
  • payslips or business financial statements and prior year tax returns confirming any loss of income

Compensation claim form

Click here to view form.

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