Reporting a claim against Council

If you have suffered damage to property or bodily injury and believe it is Council’s fault, you can submit a claim for compensation. In the claim, make sure you include full details of the incident, supporting documents (photos, witness statements), and quotes or substantiated costs. You can lodge a claim by using the link below or by contacting Council.

What is a claim against Council?
What is claimable with Council?
What is not claimable with Council?
Councils Contractors
Consider your insurance entitlements

What is a claim against Council?

A claim against Council is a formal request to Gladstone Regional Council or Council’s insurer asking for compensation for loss or damage that you have suffered.

What is claimable with Council?

From time to time, damage to either yourself or your property may arise from a circumstance that you believe was due to Council’s wrongdoing. In this instance, you can apply to seek compensation from Council.

Claims for injury or damage are considered against the requirements of the Civil Liability Act 2003 (the Act) and common law (law developed by judges using precedents).

The Act describes the principles in deciding whether a public or other authority has a duty or has breached a duty. In doing so, the Act recognises that;

• the functions performed by Councils are limited by financial and other resources;
• the general allocation of financial or other resources is not open to challenge;
• the functions required to be exercised by Councils are to be considered against the full range of functions; and
• Councils may rely on compliance with general procedures while carrying out their functions.

For Council to be held liable the incident that caused the alleged injury or property damage, must have been foreseeable and it must be shown that Council owed a duty of care and that the duty was breached, resulting in the alleged injury or property damage.

As all decisions are made with consideration to the Act and common law, please consider the circumstances carefully before making a claim as a favourable outcome will only result if there is a sufficient weight of evidence to support the claim and, negligence on Council's behalf can be demonstrated.

What is not claimable with Council?

Council is understanding in the fact that incidents happen, and Council can be at fault. All claims lodged against Council will be considered however, there are certain claims that Council will not accept, including:

• Damage to tyres and rims which result from wear and tear or modifications.
• Damage due to debris (if it occurs in the normal course of driving)
• Damage resulting from criminal actions
• Damage resulting from extreme weather events
• Matters already the subject of an insurance claim
• Damage resulting from the actions of a third party;
• Damage resulting in property damage (i.e. panel damage, windscreen damage) from Council plant.

Council contractors

If Council has engaged an independent contractor to undertake works, it is likely your claim will be referred directly to them. In this event, Council may provide you with the relevant contractor’s details.

Consider your insurance entitlements

Your insurance policy may cover the incident. In this instance, 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 us to be liable. In such cases, the excess amount may be waived. You should discuss this with your insurer before lodging a claim with us.