Claim for Compensation

Claims Investigation Process

Council will investigate the circumstances surrounding the incident to establish whether or not Council has any legal liability.

Completion and acceptance of this form does not represent an admission of liability or a waiver of its rights on the part of Council.

Your claim will be subject to investigation and assessed on its own merits.

We will endeavour to respond to claims as quickly as possible. However the processing of claims is dependent on the supply of relevant information and, therefore, assessment of your claim may take some time to complete.

If you wish to make a claim against Council, there are 2 options:

1.  Make a claim against your own insurance policy - for a Property or Motor Vehicle Claim.

Your Insurer may consider seeking recovery against Council. Please note that this option may result in an initial upfront payment to your insurer for the applicable excess. In general, insurance companies will pursue Council for reimbursement where they consider Council 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 Council.

2.  Make a claim directly to Council - for Personal Injury or a Property or Motor Vehicle Claim

If you are seeking compensation directly from Council for injury, loss or damage arising from an incident, please complete the ‘Claim for Compensation’ form  below and provide photographs and documentation as required.
 

Council will investigate the circumstances surrounding the incident to establish whether or not the Council has any legal liability.

Completion and acceptance of this form does not represent an admission of liability or a waiver of its rights. on the part of Council.

Your claim will be subject to investigation and the findings assessed on their own merits.

Council will endeavour to respond to claims as quickly as possible. However the processing of claims is dependent on the supply of relevant information and, therefore, assessment of your claim may take some time to complete.
 

Complete on-line submission

1. Type of Loss Suffered
Please select the compensation being sought:



2. Your Contact Details
Correspondence:

Do you agree for all correspondence to be sent to you via email
Please provide preferred method of contact
3. Date and Time of Incident
Now
4. Location of Incident
Please provide nearest cross street
 
Please note - Council's email exchange has a maximum of 10mb - please reduce the size of your images before uploading to this form.
5. Incident Details
Contact Council:

Did you contact Council staff at the time of the incident?
Please provide name of Council officer plus any other relevant details
6. Compensation Sought

Please provide details of the type of compensation sought.  For property/vehicle damage claims, please attach any supporting documentation to substantiate your loss.

Please also note that the request of this information must not be seen as an automatic acceptance of liability. All claims are assessed based on their own merit and any payments made will come from Council funds.

 
Please note - Council's email exchange has a maximum of 10mb - please reduce the size of your images before uploading to this form.
7. Insurance Details
Have you claimed against your insurer:

8. Witness

Please attach a witness statement. Note - Council will not contact the nominated witness should a statement not be attached. A decision will be made in the absence of such evidence.

Did anyone witness the incident:

9. Evidence
In order to progress your claim for compensation you will be required to establish that Council caused the alleged loss and/or damage through some form of negligence.  In any public liability claim, the burden of providing proof of negligence rests with you as the person seeking compensation.  Council cannot assist you in this.
  
If your claim for compensation is for a tree or pothole related matter, please refer to the tree or pothole evidence page on the website for the required information.
Is the evidence referenced uploaded to this form?:

If you select No this will delay processing your application. We require all evidence to evaluate your claim.
10. Photographs
One of the most effective ways to avoid confusion about the circumstances surrounding your claim for financial compensation is through the use of photographs. Council uses photographs to be sure that it is investigating the correct issues.  Please ensure that you only take photographs if it is safe to do so.

You are requested to provide a variety of shots and angles to clearly show the situation that supports your claim for compensation.  Your photographs need to show the following (where applicable):
  • The area of property that has sustained damage
  • A clearly marked area where the incident occurred
See examples (pdf)
 
11. Authority for an Agent to Act
Do you wish for a third party to act on your behalf in this claim:

12. Acknowledgement
I declare that the information supplied to Council in this claim form is true and correct and confirm and the statements are honestly made. Completion and acceptance of this form (including completion of the Authority for an Agent to Act, when completed) does not represent an admission of liability on the part of Council and/or their insurers. Your claim for compensation will be subject to investigation and will be assessed on its own merits.
   


 

Privacy Disclaimer

Newcastle City Council (282 King Street, Newcastle) is committed to protecting your privacy. Council takes reasonable steps to comply with relevant legislation and Council's Privacy Management Plan. By giving Council personal information you consent to Council collecting, storing, using and disclosing it in accordance with Council's Record Management Policy.
 
Purpose: Council will use the information to process your claim
Intended recipients: Authorised Council Officers, contractors or agents
Supply: Voluntary
Consequence of non-provision: Council may not be able to process your claim
Storage and security: Information will be stored in Council’s electronic database and will only be available to authorised Council Officers, contractors and agents and will be kept in accordance with the State Records Act and Council’s Record Management Policy
Access: Your information can be checked for accuracy by calling Council on (02) 4974 2000 or attending at Council's Administration Office at 282 King St Newcastle.
 
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