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                    Request for consideration of claim

                    If you have sustained an injury, loss or damage because you believe there has been negligence by City of Melbourne, you can submit a request for compensation. Please note that submitting this form does not guarantee you will receive compensation.

                    ​​​​​​​​​ Submitting the form along with any supporting material will help us assess your claim so we can contact you with the outcome. Most claims investigations are completed within 12 weeks, however we will contact you if more time is required. Please read our FAQs below for more information prior to submitting the claim form.

                    Please note that as part of submitting a claim form, the location of your incident must be supplied to confirm that it occurred within the municipality of the City of Melbourne.

                    Frequently asked questions

                    Claim process

                    On what grounds would the City of Melbourne accept my claim for reimbursement?

                    The City of Melbourne will accept claim requests and make payment if the information the claimant provides and the information from our investigation determines that we have a legal responsibility.

                    Does the City of Melbourne accept claims for reimbursement on compassionate grounds?

                    We want all our residents and visitors to enjoy their experience of the City of Melbourne, and naturally we regret all incidents that occur. However, we can only accept claims for reimbursement where the facts from our investigation demonstrate that City of Melbourne has liability.

                    We have an obligation to ensure ethical use of Council funds, including ratepayer contributions. As such, all claims will be comprehensively investigated before Council accepts any liability for payment.

                    Why has the City of Melbourne asked that I include photographs with my report?

                    ​Photographs taken at the incident location help us to identify the exact location. We need to see the exact location in order to investigate claims and in most instances, photos and maps are the best ways to show this. They will also act as evidence of the condition of the site at the time of the incident.

                    Claim investigation

                    How are claims considered?

                    Complaints about liability of a council for injury or damage are considered against the requirements of the Wrongs Act 1958 and common law (law developed by judges using precedents).

                    For a council to be held liable for injury or property damage, it must be shown that the council owed a duty of care, that it breached that duty of care and that this resulted in damage.

                    The Wrongs Act contains principles that restrict liability claims against councils, including that:

                    • the functions performed by councils are limited by financial and other resourcing considerations
                    • allocation of financial or other resources is not open to challenge
                    • the full range of council’s functions are to be considered
                    • council may rely on compliance with general procedures while carrying out its functions.

                    How long do investigations take?

                    Please be aware that this process can take up to 12 weeks to complete as it may require us to gather information from a variety of sources. However, we will make every effort to ensure these investigations are finalised as quickly as possible. We appreciate your patience during this time and will contact you if we require more information to process your claim.

                    Should I contact City of Melbourne during the investigation process?

                    ​No, there's no need for you to contact us. Once our investigations have been completed, we will contact you with a response to your claim.

                    Once City of Melbourne completes its investigation, what happens to my claim?

                    This depends on the outcome of the investigation. If it's determined that we were not responsible for the incident, we will advise you of this and will not be able to accept your claim with reimbursement. Alternatively, we may need to refer you to another authority to investigate your claim.

                    If City of Melbourne has a legal liability, it is likely we will respond with an offer of settlement. While other types of responses are possible, depending on the circumstances, we are unable to predict this until our investigation is complete.

                    Claim outcome

                    If City of Melbourne does not accept my claim request, what can I do?

                    If you’re unhappy with council’s decision, you can request an internal review and we can provide reasons for our decision. Alternatively, you may 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 City of Melbourne of their involvement. Please also bear in mind that if you engage a lawyer, you may need to pay legal costs. We suggest you discuss this with your lawyer.

                    Is the City of Melbourne responsible?

                    No, not necessarily. We often redirect claims to other councils or third parties such as VicRoads. You can check the correct council by entering the incident address into the Know Your Council website. 

                    Some roads within our municipality are under the authorisation of VicRoads. You can check this by searching the Maps of Declared Roads on the VicRoads website. 

                    Pedestrian and personal injury claims

                    I’ve been injured. Will the City of Melbourne compensate me?

                    Not necessarily. The courts have stated that councils are not legally responsible for incidents caused as a result of a defect which could have been seen by an ordinary person keeping a proper lookout. If your incident involved an obvious and visible defect, it is likely that the City of Melbourne will have no legal liability and your claim needs to be denied.

                    Roads and footpaths

                    My incident occurred because of a defect in a road or footpath. Does this mean the City of Melbourne should reimburse my claim?

                    Not necessarily. It’s not possible to keep all roads and footpaths in a perfect condition all the time. The provisions of the Road Management Act 2004 require an individual or company seeking compensation for property damage arising from the condition of the roadway or footpath to pay the first $1580 of any claim, regardless of liability. This includes damage to items such as cars, bikes and personal items. This legislation threshold has been set by the State Government as opposed to the City of Melbourne.

                    For claims of more than $1580 a road authority may be held liable if it has failed to meet the criteria set out in the Road Management Plan adopted by the road authority, in accordance with the Road Management Act 2004 (Vic). If this applies in your case, we will contact you to explain this once investigations are complete.

                    Tree incidents

                    What if the roots of a City of Melbourne tree has caused damage?

                    ​We have an informative fact sheet (DOC 61 KB) to assist claimants where it is alleged that roots from City of Melbourne managed trees or shrubs have caused damage to private property. 

                    You can use City of Melbourne maps to locate and select the tree you are referring to and include the tree ID in your claim so that we have the correct information upfront. 

                    Privacy

                    How does the City of Melbourne ensure that the information I provide is protected?

                    The City of Melbourne is committed to protecting your privacy. The personal information requested on this form is collected by City of Melbourne for the purpose of considering your claim or any other directly related purpose.

                    The personal information may also be disclosed to external organisations such as legal representatives, investigators or other consultants engaged by the City of Melbourne in order to fully investigate and consider your claim. If a third party is implicated or involved, your claim and associated personal information may be re-directed to that entity for their response.

                    The City of Melbourne will not disclose your personal information to any other external party without your consent, unless needed or authorised by law.

                    If you have any concerns or would like to alter any of the personal information you have supplied to the City of Melbourne, please contact us on 03 9658 9658.

                    Can I access or change the personal information that the City of Melbourne has collected?

                    If you would like to access or change any personal information you have supplied to the City of Melbourne or if you have any other questions about our privacy procedures, please contact the Coordinator Council Business on 03 9658 9173 or via email to privacy@melbourne.vic.gov.au.

                    What should I do if I want to see documents held by the City of Melbourne regarding my claim?

                    You must apply to request such documents under the Freedom of Information Act 1982 (Vic) by submitting an FOI application form. This may be submitted by post, online or in person. An application fee of $29.60 applies. For more information or to obtain a copy of the claim form, visit Freedom of information or contact us on 9658 9658.

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