Online Claims Fact Sheet

Council assesses all claims for compensation in accordance with the Civil Liability Act 2002 (CLA).

The CLA is the common law principle governing negligence liability and is utilised by Clarence Valley Council in determining claims liability issues.

An incident that has occurred on Council owned or managed land does not automatically mean Council is liable, or will provide compensation.

Council will not be liable for loss or damage unless you can prove Council has acted negligently or is in breach of the law. It is your responsibility to prove Council acted negligently. In establishing liability, consideration will also be given to whether your actions contributed to the loss/damage.

Establishing negligence can be time consuming and often difficult. If you hold an insurance policy which provides cover for this type of loss (i.e. motor vehicle or property insurance), you may find it quicker and easier to lodge a claim with your own insurer as, in most cases, proving negligence is not required.

 

It is very unlikely Council will be liable and therefore cannot pay compensation if:

  • You cannot establish the cause of the damage,
  • The damage was caused by, or resulted from, a weather event - e.g. fallen trees / branch damage,
  • Damage caused by defects when Council was not previously aware of the problem e.g. potholes, footpaths, tree roots etc.,
  • Damage caused by a contractor acting on behalf of Council e.g. roadworks, parks maintenance etc. Such claims will be referred to the relevant contractor to respond to you directly,
  • When Council is complying with its statutory duties under the relevant legislation; and
  • Incidents relating to the condition of pit lids or other infrastructure belonging to utility companies.

Complete a Claim for Compensation Form

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