All requests for compensation are assessed by an independent claim’s assessor.  Each claim is assessed on its merits, and you will be contacted with an outcome of your claim. If it is determined that the City of Greater Geelong have contributed to your loss, we will reimburse you to the extent that you are able to evidence financial loss as a result of the event. 

Note: Council is under no statutory obligation or common law duty to automatically pay compensation because an incident occurred on Council-owned or managed land, or an asset belongs to Council.

Complaints about liability of a council for injury or damage are considered against the requirements of relevant laws like the Wrongs Act 1958, the Road Management Act 2004 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.

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.

All requests for compensation are assessed on their own merits, and it may take some time to collate all the relevant information before we are able to make an accurate decision on liability. 

Most compensation claim investigations take up to 28 working days however it may be longer depending on the complexity of your request

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

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.

I’ve been injured. Will the City of Greater Geelong 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 Greater Geelong will have no legal liability, and your claim will be unsuccessful.

My incident occurred because of a defect in a road or footpath. Does this mean the City of Greater Geelong should compensate me?

Not necessarily. It’s not possible to keep all roads and footpaths in a perfect condition all the time. Council maintains approximately 2400 kilometres of road network and conducts regular inspections.  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 $1681 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 Greater Geelong.

For claims of more than $1681 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.

Is the City of Greater Geelong 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.

My property was damaged by a City tree. Does this mean the City should compensate me?

Council trees are subject to regular inspections, which includes assessment of overall key indicators such as the general health of the tree, canopy condition, limb/branch structure, signs of decay, existence of pests or disease, and root plate movement. Council will also inspect a tree on request if it has been notified of a nuisance or potential hazard.

Tree damage claims are considered on the basis of negligence and will only be accepted where Council has a clear legal liability.

Claims for damage caused due to adverse weather conditions

Trees are living organisms and may be exposed to a range of unpredictable environmental factors, including adverse weather conditions/events such as strong winds, floods etc. Since weather events are an act of nature and are outside of Council’s control, Council cannot be automatically held liable for damage caused to private properties. Likewise, in an extreme weather event, it is likely that Council will experience delays during this time and may not be able to adhere to the timeframes stipulated under their Road Management and Tree Management Plans. However, Council will endeavour to complete all customer service requests in a timely manner and continue to support members of the community during difficult times.

Tree root damage

If you believe Councils tree has caused tree root damage, you have a duty to provide evidence of the alleged root impact to private infrastructure.  

Council’s obligation will be to abate the nuisance that has been created.  This does not automatically create legal liability for Council to meet the cost of repair or reinstatement.

Council will investigate all tree related complaints or requests but will only assess claims if previously advised of the issue and failed to abate the nuisance within a reasonable period.

Council will not undertake excavation or exploratory investigation on private property.

Root entry into sewer and storm water pipes

Tree root entry into sewer and stormwater pipes occurs following the failure of the pipe. Leaking pipes (as a result of poor construction, old earthenware, cracked and faulty joints and degradation) create a moisture gradient that encourages tree root growth towards the pipe. Once the root has entered the pipe, the roots can proliferate in the ideal growing conditions.

In most cases, the failure and subsequent leak of the pipe occur before root entry.

The property owner is responsible for the maintenance, repair and replacement of the pipe to the legal point of discharge (stormwater) or the connection point (sewer). The stormwater legal point of discharge is usually an underground drain or street channel outside the property. The sewer connection point is usually near the property boundary.

Council will not remove trees for unjustified claims of pipe damage from tree root activity. 

Council will not undertake excavation or exploratory investigation on private property.

This service is provided by third party contractor, Cleanaway. They are the owners of the vehicles and therefore responsible for investigating and responding to any incidents or accidents.

Accordingly, we recommend you direct your enquiries to Cleanaway for their action and response.

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 for compensation. Alternatively, we may need to refer you to another authority to investigate your claim.

If the City of Greater Geelong 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.

If your claim is denied, an email will be sent to you explaining the reasons why your claim was denied. If you are unhappy with council’s decision you can request an internal review. This review should be submitted in writing including an explanation as to why you disagree with our decision along with further evidence to support your position. Alternatively, you may be able to rely on your own insurance coverage, depending on the nature of the incident. You may also contact the Victorian Ombudsman or seek legal advice.

If your claim is successful, you will be required to sign a Deed of Release and payment will be arranged for the agreed amount. 

It is your right to choose to engage a lawyer at any time. If you do, please ensure the lawyer notifies the City of Greater Geelong 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.