Before you begin
Before seeking compensation from Council, check if you have insurance that covers this kind of loss, such as motor vehicle, home, or contents insurance. Filing a claim with your insurance company could be faster and easier than a compensation request against Council.
The information provided on this page allows you to make an informed decision about pursuing compensation from Council.
If you are requesting compensation, you will be required to provide information that supports your allegation that the loss or damage claimed has been caused by negligence on the part of Council.
Please use the form below to compile and submit all necessary information.
Types of requests for compensation
Personal injuries
If you are seeking compensation after suffering a personal injury, you need to provide:
- A detailed description of the incident (including date and time)
- Photographs of the exact location of the incident
- A map showing the precise location of the incident
- Photographs of the injury (if relevant)
Property damage
If you are seeking compensation for damage to your property, you need to provide:
- A detailed description of the incident (including date and time)
- If the damage is to a vehicle, then provide the relevant vehicle details such as registration number and driver's details
- Photographs of the damaged property
- Copies of any expert opinions and/or any report to support your position that the damage is due to negligence by Council
- Details of all expenses incurred and a statement of the specific compensation you are seeking. You will be required to provide documentation to support all amounts claimed.
Tree incidents
Roots or branches from Council trees can occasionally cause damage to fences, retaining walls, driveways, and vehicles. Council's ownership of a tree does not create liability if a tree causes damage. There must be some demonstrated act or omission of negligence by Council.
If you are seeking compensation for damage to property from a tree that is on Council land, you may provide (but are not limited to):
- Photographs
- Plumber's report
- Arborist's report (from an Arborist who holds a minimum ranking of AQF5)
- Engineer's report
Evidence must be provided to Council for consideration before undertaking any repair work. Please note that Council trees are not to be pruned or removed by residents.
Sewer and stormwater damage
For sewer and stormwater lines within your property, general maintenance and replacement due to 'wear and tear' are the landowner's responsibility. This includes repairing or replacing damaged or aged pipes and clearing chokes.
If repairs cannot be performed without removing or damaging a tree on Council land, you must contact Council before starting any work.
Potholes and road defects
As part of our responsibilities, Council conducts regular inspections of the road network, but we also rely on the community to report any road defects.
The road pavement of State Roads is the responsibility of Transport for NSW. State Roads include (but aren't limited to) all or part of the following roads: Pacific Highway, Warringah Expressway, Miller Street, Berry Street and Falcon Street.
Council's liability for damage caused by any road hazards or potholes will be determined in accordance with the Civil Liability Act 2002 (NSW).
Garbage trucks
If you are requesting compensation for an incident related to waste management garbage truck, please complete the Request for Compensation form. Council will submit the form to the waste management provider.
Grass verge mowing
If you are requesting compensation for an incident related to grass verge mowing, please complete the Request for Compensation form. Council will submit the form to the grass verge mowing provider.
Unlikely compensation circumstances
It is very unlikely that Council will be liable to pay compensation in the following circumstances:
- You are not able to establish the cause of the damage
- The damage was caused by or resulting from a weather event
- When Council is complying with its statutory duties under relevant legislation
- Damage caused by a contractor acting on behalf of the Council, e.g. roadworks, park maintenance etc. Requests for compensation 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
- It has been shown that your actions have contributed to causing the loss/damage.