Request for Consideration of Compensation

To submit a request for Council to consider paying compensation for an alleged injury, loss or damage to your property, you will be required to complete a Request for Consideration of Compensation form ( PDF 143.08KB).

  1. You may: Email the completed Request for Consideration of Compensation Form ( PDF 143.08KB) to customer.service@whitehorse.vic.gov.au; or
    Drop the completed form in personally at the Civic Centre, located at 379-397 Whitehorse Road, Nunawading VIC 3131
  2. For this Request to be considered, you must complete the entire form and provide all requested information/documentation.
  3. The more relevant information you can provide, the quicker we will be able to assess your Request. You may also wish to include copies of photos, repair quotes, invoices, receipts, medical reports or other expert opinions, depending on the injury, loss or damage you are claiming for.
  4. If you are claiming that a Council tree has caused damage to your property, you must supply a detailed report, from a suitably qualified expert/trades person, that provides:
    a) details of the extent of the damage; 
    b) detailed breakdown the cost of any rectification works;
    c) detailed explanation of the basis on which they have based their finding that the roots of the Council tree are the sole/primary cause of the claimed damage. 
  5. Within three business days of Council receiving the completed Request for Compensation, the matter will be referred to National Claims Solutions (NCS), for review and assessment. NCS are independent liability consultants who manage public liability claims on behalf of numerous local government bodies.
  6. Completion and submission of a Request for Compensation form does not represent an admission of liability on the part of Council or it’s insurers, or a waiver of any rights on the part of Council.
  7. Every public liability claim must be investigated and assessed based on the evidence provided and the unique circumstances and merits of the events that led to the claim being made.

The claims process typically takes between 6 to 8 weeks. However, this time frame can be longer if there are delays/complications in obtaining the relevant information/documentation required to assess legal liability. Council and NCS endeavour to respond to all claims as quickly as possible.

Important Note: There are numerous factors that may influence whether or not a public liability claim will be accepted or not, including but not restricted to the following: 

•    Failure to complete the Request for Compensation form and/or provide requested information/documentation.
•    Failure to provide sufficient evidence to assess the cause and/or extent of the claimed injury, loss or damage.
•    The claimed damage was caused by events outside of Councils control, such as extreme weather events or criminal acts, such as vandalism. 
•    When there is legislation or precedent legal decisions that provide a defence to the alleged injury, loss or damage.
•    The claimed injury, loss or damage relates to events involving land or assets for which Council is not responsible – i.e., arterial roads that are the responsibility of Vic Roads, Private Roads, Crown Land and Private Infrastructure belonging to utility companies/authorities, such as Telstra, Optus, NBN, water, power and gas companies.
•    The extent of prior knowledge Council had of circumstances surrounding the alleged events/incident.