If you have experienced an injury or suffered loss or damage and believe Nillumbik Shire Council may have contributed to the circumstances, you may submit a claim for compensation for the loss or damage.
Please note that making a claim against Council does not automatically mean you will be entitled to compensation, as each claim is assessed in accordance with the relevant legislation and Council’s obligations.
Claims process
The investigation and assessment of claims process involves gathering information from a variety of sources and may take 8 to 10 weeks to complete, or longer, depending on the complexity of the claim.
How Council handles claims
Depending on the nature and value of your claim, we may manage it internally following review of your Information Request Form or refer it to Echelon for review and assessment.
Echelon are independent claims assessors who manage claims for multiple local government authorities.
As a publicly accountable organisation, if we determine that Council is liable, we're committed to finding a fair resolution as quickly as possible.
Be aware that once a claim is with our insurers, Council is no longer able to actively negotiate.
How we can engage with your claim
While we can't provide you with legal advice or assist you to support your claim - as this would be unethical and conflict with our obligations to our insurers - we are committed to reviewing your claim with an open mind and working towards a fair and justifiable outcome.
Frequently asked questions
Am I making a claim, request for service or advising of a complaint?
A claim is a demand for monies from Council as compensation for personal injury, loss or damage to property allegedly caused by Council’s negligence.
A request for service is where you are asking Council to address a problem such as a pothole, dumped rubbish or a faulty streetlight. You can lodge a request for service or report a problem online at or by calling 9433 3111.
A complaint means you are not seeking reimbursement or compensation but are dissatisfied with a Council service or decision and are seeking a review. Find out more about making a complaint.
How do I make a claim?
- Read all the information and FAQs on this page carefully
- Complete the online Claims Information Request form (see below) and provide all the evidence you have to substantiate your claim, including pictures and documents
How is my claim considered?
Council has appointed Echelon as its Claims Managers to assess liability on its behalf.
Echelon is not an insurance company and will make a recommendation to the Shire on the basis of the relevant law and facts.
Your completed Claims Information Request form will be reviewed by Council’s Risk team, who may advise you to direct your claim to another agency.
For claims involving property damage, you may be required to provide evidence of ownership or authority to act on behalf of the property owner. After this, your claim will be referred to Echelon for investigation and assessment.
Echelon will request information and documents from Council to assist with their assessment.
If your claim is denied, a letter will be sent to you setting out the reasons for the denial.
If your claim is successful, Echelon will send you a deed of release to sign.
When is Council not liable for injury, loss or damage?
Council has a range of statutory defences available in relation to common events and will likely deny the claim on this basis.
They include:
- Natural events - where injury, loss or damage is caused by natural events such as bushfires, floods and storms.
- Tree root claims - Council will not be liable for root damage to property it if was not previously aware of a problem.
- Trips, slips and falls where there is an obvious risk - pedestrians have a responsibility to take care to avoid hazards and imperfections when using pathways where the risk is obvious.
- Damage to land which is not Council’s responsibility to maintain - such as vehicle crossovers and certain sections of road reserve.
- Third party fault - where the injury loss or damage was caused by a third party such as a utility company, contractor or other statutory authority.
- Damage caused by the conditions of roads or road infrastructure - the Road Management Act 2004 (Vic) provides that local councils are not liable for the first $1,681 of any damage.
Will Council accept my claim on compassionate grounds?
No. Whilst we regret any incident, we have obligations to ensure ethical and prudent use of Council funds.
We are only able to use public money to pay compensation where a clear legal liability has been established.
Can I make a claim against my own insurance policy?
If you have property or vehicle insurance cover, you may consider making a claim against your policy.
Please note that making a claim against your policy may result in an initial upfront payment to your insurer for the applicable excess.
In cases where you have made a claim against your policy, Council will not be liable for reimbursement of your excess under the doctrine of subrogation. This doctrine allows an insurer to bring a claim in your name against Council if it believes we are responsible for your loss. If your insurer brings a claim against Council, the claim amount will include the excess paid by you.
Typically, insurance companies will only pursue Council for reimbursement where they consider Council to be liable. In such cases, your excess payment may be waived by your insurer. You should discuss this with your insurer prior to lodging a claim.
Can I engage my own legal representation?
It is your right to engage a lawyer at any time during the claims process.
However, Council accepts no responsibility for the legal costs you incur.
Issues of legal costs and the risks associated with litigation is something you should discuss with your lawyer.
Freedom of Information requests
If you wish to have copies of the documents held by Council in relation to your claim, you must request the documents in the Freedom of Information Act 1982 (Vic).
Find out more about making an FOI request.
I am not happy with the outcome of my claim. How do I appeal or have the decision reviewed?
If your claim is denied, you will be given the option to request a review from Echelon.
You will be required to explain what aspect of the decision you do not agree with and provide supporting evidence.
Who do I contact about my claim?
Once your claim has been referred to Echelon, you will be provided with their contact details and Echelon will be your primary contact for all matters regarding your claim.
Council's Risk team will be your point of contact regarding new claims. Please direct all correspondence regarding new claims in writing to: risk@nillumbik.vic.gov.au or call 9433 3111.
Should I contact Council during the investigation process?
There will generally be no need. Echelon will contact you if they require further information.
Once the claim has been assessed, you will receive a decision in writing.
Making a claim
How we collect and use personal information
Nillumbik Shire Council is collecting and using your personal information in accordance with the Privacy and Data Protection Act 2014 and its Information Privacy Policy. The personal information you provide on this form will be used for the purpose of processing your compensation claim. Any personal information you provide may be disclosed to third parties in order to process your claim, including but not limited to Council’s insurers and contactors. The personal information collected will not be used or disclosed for any other purpose without your written consent except where authorised by law. By submitting this form, you are agreeing to and acknowledging that your personal information may be used and disclosed in this manner. You can access the personal information you have provided and make changes to it by contacting the Nillumbik Shire Council’s Freedom of Information Officer. View our Privacy Statement.