When we receive a claim, Council will investigate the circumstances surrounding the incident to establish if we have any legal liability. If we need further clarification, we have the right to refer the matter to our insurers for advice and/or a final assessment of liability.

As a member of the public, you may make a claim for compensation relating to:

• Personal injury
• Damage to property

We will try to respond to claims as quickly as possible and usually within seven days, however this depends on the information you provide and the complexity of the circumstances related to the claim. Depending on this, our assessment may take longer to complete. When we evaluate claims, we carry out an investigation and consider each claim on its merits, including the following:

• Legislative requirements
• Whether Council has a legal liability to compensate the third party
• Previous knowledge/awareness of the incident
• Other circumstances and history

To make a claim, please complete the ‘Claim Assessment Form’. You must supply  supporting documents and evidence for a claim to be assessed. When you send the completed form to Council, we consider this  a formal notification that you have suffered a loss or damage for which you consider Council to be legally liable.  Sending us a Claim Assessment Form does not represent an admission of liability or a waiver of  rights on the part of Council.

The minimum requirements for claims to be assessed include:

• Your (or the claimant’s) contact details
• Details of the  claim e.g. what happened and the date, time and location
• Photographs of the location/damage/injury
• Proof of ownership
• Quotes or tax invoices that show the costs resulting from the incident
• Any supporting reports/evidence, such as from plumbers/engineers or arborists, medical assessments, invoices, other professional reports, police reports
• Reasons why you consider Council to be responsible

Council reserves the right to request further information in order to assist in the assessment of your claim. It is your responsibility to provide evidence or proof that Council is responsible for the incident.

For claims related to property or motor vehicle damage, you can choose to make a claim against your own insurance policy, as generally insurance companies will directly pursue Council for reimbursement where they consider Council may be liable.

Tree roots can occasionally interfere with underground services. Sewer and storm water pipes from a property to the sewer main or storm water’s legal point of discharge, are privately owned by the property owner. This means it is the responsibility of the property owner to maintain these in a sound and serviceable condition or renew/replace these as needed to comply with relevant standards, including the Building Code of Australia.

Tree roots cannot enter well-constructed, properly sealed, structurally sound pipes that have adequate flexibility. This means that to make a claim for reimbursement of any damage allegedly caused by trees on public land (which is controlled by Council), you will need to provide evidence that Council’s tree is the sole reason for the blockage. This may include photos, expert reports (e.g. arborist’s report, a plumber’s report) or additional evidence to show how a tree located on Council land directly caused the damage.

Any rectification works including all associated costs are the sole responsibility of the property owner. Recovery of any costs (in whole or in part) for rectification works will only be payable by Council where a Claim Form has been lodged and an assessment of the claim has determined Council is liable either in whole or in part.
As a member of the public, you may make a claim for compensation relating to:

• Sewer issues
• Stormwater issues

We will try to respond to claims as quickly as possible and usually within seven days, however this depends on the information you provide, and the complexity of the circumstances related to the claim. Depending on this, our assessment may take longer to complete. When we evaluate claims, we carry out an investigation and consider each claim on its merits, including the following:

• Legislative requirements
• Whether Council has a legal liability to compensate the third party
• Previous knowledge/awareness of the incident
• Other circumstances and history

To make a claim, please complete the ‘Claim Assessment Form’. You must supply  supporting documents and evidence for a claim to be assessed. When you send the completed form to Council, we consider this  a formal notification that you have suffered a loss or damage for which you consider Council to be legally liable.  Sending us a Claim Assessment Form does not represent an admission of liability or a waiver of  rights on the part of Council.

The minimum requirement for claims to be assessed includes:

• Your (or the claimant’s) contact details
• Details of the claim e.g. what happened and the date, time and location
• Photographs of the location/damage/injury
• Proof of ownership
• Quotes or tax invoices that show the costs resulting from the incident
• Any supporting reports/evidence, such as from plumbers/engineers or arborists, medical assessments, invoices, other professional reports, police reports
• Reasons why you consider Council to be responsible

Council reserves the right to request further information in order to assist in the assessment of your claim. It is your responsibility to provide evidence or proof that Council is responsible for the incident.

Community members have a responsibility to take care of their own personal safety and the safety of their property.
Appeal Process

Council will assess each individual claim and the surrounding circumstances. You can request for a decision to be reviewed, in which case we will refer the matter to our insurance broker for advice and/or a final assessment of liability.

In submitting this form, you consent to Council:
1. collecting your personal information as contained in the form
2. using the information for the purposes outlined in the form
Providing your information is voluntary. Should you choose not to provide the information, Council is unable to process your application/request.
Under the Government Information (Public Access) Act 2009 (GIPA Act), you have the right to request access to various types of records held by Council, including your personal information. Council’s website contains information regarding how to make a formal request under the GIPA Act for information held by the council. It's important to note that some records may be exempt from disclosure due to specific provisions in the GIPA Act. Fees may be payable.

• Building Code of Australia
• Civil Liability Act 2002 (NSW)
• Dividing Fences Act 1991 (NSW)
• Local Government Act 1993 (NSW)
• Trees (Disputes Between Neighbours) Act 2006 (NSW)

Definitions

Claimant –a person/entity that lodges a claim form
Council – Canterbury-Bankstown Council
Liability – When a person or entity is legally responsible for something