If you are intending to make a claim against Council, you will need to complete the Request for Compensation form ( PDF 143.08KB).
- You can; Email the completed “Request for Consideration of Compensation Form” to email@example.com ; Mail to Risk, Health & Safety, Whitehorse City Council, Locked Bag 2, Nunawading DC VIC 3131; In Person drop the form at our Customer Service Centres.
- It is in your interests to submit as much information as possible to assist the assessor to determine if Council is at fault or not. Submit all documents and photographs you wish to be considered with your claim form. These documents may include photos, repair quotes, invoices, receipts, medical reports or engineers reports, depending on what you are claiming.
- If you believe a Council tree has caused damage to your drain, you need to supply a plumber's report outlining the exact location and extent of the damage, owner of the pipe, previous relevant history of blockages, type of tree if known, the position of the Council tree and other vegetation in relation to the area of blockage, condition and type of construction of the drain, reasons you believe Council has contributed to the blockage, and all photographic evidence.
- Council will review all claim forms and forward to Council's claims manager, National Claims Solutions, within three business days of receipt the form.
- National Claims Solutions, on behalf of Council, will investigate the circumstances surrounding the all claims to establish whether or not Council is legally liable.
- Completion and acceptance of a Request for Compensation form does not represent an admission of liability on the part of Council or their insurers, or a waiver of its rights on the part of Council.
- All claims are subject to investigation and are assessed on its own merits.
The process can typically take between 6 to 8 weeks, however, this time frame can be longer if there are delays in obtaining relevant information to determine the liability of the claim (or if there are other factors beyond the our control). National Claims Solutions will endeavour to respond to claims as quickly soon as possible.
Please note it is very unlikely Council will be liable to pay compensation in the following circumstances:
- If you have not completed a claim form with the appropriate supporting evidence
- You are not able to establish the cause of your damage.
- The damage was caused by or resulting from an adverse weather event eg. Tree limb falling
- When Council has complied with its Road Management Plan, which sets out the standards by which it maintains its roads and footpaths.
- Incidents on roads and footpaths which are not on Council’s Road Register, e.g. arterial roads and private access roads.
- Motor vehicle damage which is less the threshold amount set down by section 110 of the Road Management Act 2004 (we should add the dollar figure in here which is CPI indexed).
- Damage caused by tree roots when Council was not previously aware of the problem issue.
- Damage caused by a contractor acting on behalf of Council, e.g. roadworks, parks maintenance. Such 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, e.g. Telstra, Optus, NBN, water, power and gas companies. Refer to the relevant utility
- Claims for asset and damage were the responsibility to maintain falls on the property owner, e.g. see stormwater drains on private property.