Personal injury or property damage resulting from Council negligence
If you would like to report an injury or property damage resulting from a faulty or poorly maintained Council asset, follow the claims reporting process outlined below.
Waste collection property damage incidents
All incidents relating to property damage resulting from Council waste collection activities are to be reported to the Waste Services Unit using the details on our Contact Us page.
Compensation Request Process
- Report an incident
To report an incident involving personal injury or property damage as a result of Council negligence vist Council's eServices website or contact Customer Service on 9240 1111. A customer request (CRS) will be raised and assigned to the business area responsible for maintaining or repairing the asset and you will be provided with a CRS number to track the progress of your request.
- Complete our Request for Compensation Form
If you choose to pursue a public liability claim against Council, you will need to complete the Request for Compensation Form.
Download the Compensation Request Form (PDF) to complete electronically or print a hard-copy.
- Substantiate your claim
In addition to a completed Request for Compensation form, you will need to include documentation to support your allegation against Council. It is up to you to provide evidence that supports your allegation.
Depending on the nature of the incident, supporting documents may include:
- repair quotes
- medical reports
- expert reports
- Return the completed Request for Compensation Form
Once you have completed the Request for Compensation Form and gathered supporting documentation to substantiate your claim, please return the completed form to Council by one of the following methods:
- emailing the form to Risk@merri-bek.vic.gov.au
- mailing the form to the Risk and Resilience Officer at Merri-bek City Council, Locked Bag 10, Merri-bek 3058
- submit the form in person at one of our Customer Service Centres. You can find the locations on our Contact us page.
- Claim assessment
Once you have submitted the completed Request for Compensation Form with supporting documentation these will be forwarded to our claims management provider, Echelon Australia, to investigate and assess your claim on Council’s behalf. Echelon Australia will contact you to explain their process and timeline.
When is it unlikely that Council will pay compensation?
It is unlikely Council will 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 has complied with its Road Management Plan (DOC) which sets out the standards by which it maintains its roads and footpaths.
- When the incident occurs on a road and/or footpath which is not listed in Council’s Road Register which can be viewed on our Roads and footpaths page, or, is below $1,580 (the minimum threshold amount outlined under section 110 of the 'Road Management Act 2004').
- If the damage to your property was caused by tree roots when Council was not previously aware of the problem.
- If the damage to your property was caused by a contractor acting on behalf of Council, the claim will be referred to the relevant contractor.
- If the incident relates to the condition of pit lids or other infrastructure owned by utility companies such as Telstra, Optus, NBN. Refer to the relevant utility company website for information on how to make a claim.
- When the asset and the damage are the responsibility of the property owner. There are examples of when this would be the case on our Stormwater drains and sewerage page.