If your vehicle or other property is damaged, we recommend you firstly contact your own insurer for a Motor Vehicle or Property Claim.
Please read the below information and if you wish to proceed with a claim against Council for loss or damage arising from the reported incident, complete the below compensation claim form and provide all relevant documentation requested on the form. You completing and us accepting the form is not an admission of our liability and does not waive our rights.
All claims will be considered on a Without Prejudice basis. Generally Council will only accept liability where negligence has been proven.
Notice to Potential Claimants
Before Council is obliged to pay compensation for any injury, loss or damaged suffered, it must be established that the injury, loss or damage was caused through negligence on the part of the Council.
Personal Injury: When claiming for personal injury, you may be asked to provide copies of medical reports, details of the treatment you have received and evidence on how Council was at fault.
Property: If your property, including your vehicle, is damaged, it is recommended you report it to your insurer first. Your insurer may consider seeking recovery against us. Please note that this option may result in an initial up-front payment to your insurer for the applicable excess. In general, insurance companies will pursue us for reimbursement where they consider us to be liable. In such cases, the excess amount may be waived. You should discuss this with your insurer prior to lodging a claim with us.
When claiming for damage caused by conditions of Council property, such as a pothole, Council will investigate further. Council will determine if there was prior knowledge of the defect and if it has had a reasonable amount of time to rectify. Please refer to the Civil Liabilities Act 2022, Sections 42 to 45, to assist you in understanding what is considered reasonable.
We recommend that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage and/or contact your insurer.
Submitting a Claim
If you wish to make a claim against us, please complete the below compensation claim form and provide all relevant documentation requested on the form. You completing and us accepting the form is not an admission of our liability and does not waive our rights.
All claims are managed by our external insurance managers on our behalf. You will be contacted in writing to acknowledge your claim either by Council directly, or our representative. Once the claim has been investigated and a decision has been made, you will be advised of the outcome in writing.
Complete on-line submission
Required fields are denoted by *
2. Compensation sought
3. Your contact details
4. Date and time of alleged incident / accident
5. Location of alleged incident / accident
To assist us in identifying the exact location, please provide details of the nearest cross streets and / or any identifying landmarks where the alleged accident / incident occurred.
6. Insurance details
(It is recommended you report incident / accident to your insurer first)
It is the responsibility of the claimant to obtain the witness statement and submit and provide information with this form.
If a witness statement has not been attached to your claim, a decision will be made in the absence of this evidence.
8. Evidence and supporting documentation
You are required to establish that we caused the alleged loss and/or damage through some form of negligence.
Evidence and supporting documentation are required to evaluate your claim. If this information is not provided it may delay your application.
One of the most effective ways to avoid confusion about the circumstances surrounding your claim is through the use of photographs. We use photographs to ensure that we are investigating the correct location and/or issue.
Only take photographs if it is safe to do so.
You can provide a maximum of six photographs to support your claim.
Your photographs need to show the following (where applicable):
- The area that has sustained damage e.g., car door, windscreen
- A photo clearly showing the side where the damage occurred e.g., passenger / driver's side.
Personal injury examples
- A clearly marked area where the accident / incident occurred
- A photo clearly showing the surrounding area in relation to the alleged hazard.
10. Authority for an Agent to Act
Declaration and Acknowledgement
Sutherland Shire Council is required to comply with the information protection principles in the Privacy and Personal Information Act 1998 (PPIP Act). These principles regulate the collection, storage, use and disclosure of personal information held by government agencies. Generally, any personal information you provide to Council will only be used and/or disclosed for the Council's purposes, or a directly related purpose, unless you consent to another use or disclosure, in emergencies or as otherwise required or authorised by law.
Read council's Privacy Management Plan