Request Consideration of Compensation
We want everyone to enjoy time spent in Murrindindi Shire, whether you are a visitor or a resident. If you have experienced personal injury and/or property damage and believe Council contributed to your loss, you can submit a Request for Consideration of Compensation Form.
Before submitting a claim, it is important that you read through the information below.
Information you should consider prior to lodging a claim
On what grounds would we accept your claim?
When a Request for Consideration of Compensation is presented to Council, each claim is assessed on its merits. If it is determined that Council has contributed to the loss, we will accept liability and reimburse you to the extent that you are able to evidence financial loss as a result of the event.
Do we accept claims for reimbursement on compassionate grounds?
We can only accept claims for reimbursement where the facts from our investigation demonstrate that we have liability. We have an obligation to ensure ethical use of Council funds, including ratepayer contributions. As such, all claims will be comprehensively investigated before we accept any liability for compensation.
Why do we ask that you include photographs with your claim?
Photographs taken at the incident site help to identify the exact location and condition. Photos and maps are the best way to show this. They may also act as evidence of the site condition at the time of incident.
Photographs taken of the injury and/or damage sustained may contribute evidence to substantiate your claim.
If we do not accept your claim request, what can you do?
If you’re unhappy with our decision and have new information to submit then you can request a review. Alternatively, you may be able to rely on your own insurance coverage, depending on the nature of the incident. You may also contact the Victorian Ombudsman or seek legal advice.
Can I engage a lawyer to represent me?
It is your right to choose to engage a lawyer at any time. If you do, please ensure the lawyer notifies us of their involvement. Please bear in mind that if you engage a lawyer, you may need to pay legal costs. We suggest you discuss this with your lawyer. Council nor their insurer are liable for the cost of lawyers unless directed by the courts.
What should I do if there is damage to property or vehicle?
In all cases, it is advisable to contact your insurer first, for the following reasons:
- Your insurer will be able to arrange a thorough assessment of any damage.
- Your insurer will usually be able to get the damage repaired much quicker.
- Under Victoria's Road Management Act 2004, Council is not liable for the first $1580 of property damage expenses resulting from road conditions, regardless of the condition of the road and whether Council has been negligent. The excess for an insurance claim is generally less than this threshold amount.
If your insurer believes Council is liable for the damage, they can submit a Request for Consideration of Compensation Form below.
If you do not have insurance for the damage, or the total cost of repairs is below your excess, then you can submit your claim directly to us.
Why can't I claim for amounts less than $1580 when my loss or damage is due to road conditions?
Under Victoria's Road Management Act 2004, road authorities (including Council) are not liable for the first $1580 of property damage expenses resulting from road conditions, regardless of the specific condition of the road and whether the authority has been negligent. This legislation is managed by the State Government.
The $1580 amount relates to damage expenses for vehicles such as cars and bikes and also includes insurance excess amounts.
Important note: There are numerous factors that may influence whether or not your claim will be accepted or not, including but not limited to the following:
- Failure to complete the Request for Consideration of 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 Council's 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 the Department of Transport and Planning (VicRoads), Private Roads, Crown Land and Private Infrastructure belonging to utility companies/authorities, such as Telstra, Optus, NBN, water, power and gas companies, if this is the case, we will direct you to the responsible authority
- The extent of prior knowledge Council had of circumstances surrounding the alleged events/incident.
- Complex claims or claims that may have a high claim cost will be referred to Council's insurers.
Submitting a Request for Consideration of Compensation Form
To submit your claim, click on the link below to complete an online form. Paper forms are available upon request. Please email firstname.lastname@example.org or call (03) 5772 0333 to request a paper form.
Request for Consideration of Compensation Form
Provide as much information as you can to support your claim, including:
- photographs of the incident location/damage
- specific location details
- quotes/receipts, where available
- incident reports, where available
What happens after my claim is submitted?
You will receive an acknowledgment of receipt within 5 business days. Your claim will be thoroughly investigated, and we will contact you with the outcome of your claim in approximately 4-6 weeks. For more complex claims this may take longer due to the time required to carry out necessary investigations or other factors beyond Council’s control.