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Claim for compensation

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Notice of claim for compensation (Personal injury, loss or damage)

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

The information below will help you through the process to lodge a claim.

It is recommended that you seek your own legal advice before making any claim against Council.

Understanding the process

  • The Council’s public and professional liability arrangements are designed to respond to claims by members of the public for compensatory damages against Council for alleged wrongdoing, e.g., where Council’s negligence has caused the loss or damage.
  • A claim against Council will only be successful if it is established that Council is legally liable. For example, a member of the public may need to set out the reasons why they believe Council was negligent (as provided for by the Civil Liability Act 2003 (Qld) (CLA)), with such negligence causing the injury, damage or loss.
  • Liability claims of this nature require investigation with each matter assessed on its own merit.

Claiming through your insurance

  • A claim through your own personal insurance policy (e.g., home and contents, or comprehensive motor vehicle) is likely to be a quicker process than progressing a liability claim. This is because a claim against your own insurance does not require you to establish liability as against Council.
  • If your insurer believes Council is liable for the loss or damage, they may initiate recovery proceedings against Council on your behalf. You should discuss this directly with your insurer prior to lodging a claim with Council.
  • Please note, Council will not pay a policy holder’s insurance excess in the absence of a finding that Council is liable.

Claiming against Council

  • Council assesses claims for compensation in accordance with the Civil Liability Act 2003 (QLD), and any other relevant legislation and case law.
  • An incident that has occurred on council-owned or managed land will not automatically equate to legal liability on the part of Council or that Council will compensate you for any loss or damage sustained.
  • It is your responsibility to prove Council acted negligently and that such negligence caused your injury, loss or damage.
  • In establishing liability, consideration will also be given to whether your actions, or that of other parties, contributed to the injury, loss or damage.
  • Council may disclose any information you provide to Council's advisers, including investigators and legal advisers for the purpose of managing and responding to your claim.

Why can’t Council pay on compassionate grounds, “I’m not seeking much”?

While any incident is regrettable, Council is unable to pay compensation unless legal liability has been established. This consistent approach ensures that Council acts in the best interests of the greater community in accordance with model litigant principles.

What do I need to attach to my claim?

Comprehensive descriptions of incident circumstances and events, along with provision of all relevant documentation allows a matter to be properly investigated, ensuring that the liability response is directed to the key issues.

Personal injury

If you have suffered a personal injury, please provide:

  • photographs of the exact location the injury took place
  • photographs of the surrounding environment to provide context
  • photographs of the injury if relevant
  • receipts/invoices for any medical expenses and associated costs related to the incident
  • medical or other reports relevant to the incident or injuries.

Property damage

If you are claiming property damage, please provide:

  • photographs of the damaged property/vehicle
  • details of all expenses incurred and the specific amount you are seeking
  • documentation to substantiate all amounts claimed, including:
    • original receipts/invoices for the damaged property
    • a minimum of two independent quotations for repair/replacement of the damage
  • if the damage relates to a motor vehicle, a copy of the relevant ownership and vehicle details, e.g. registration papers and drivers details etc.

It is important to note that Council may engage a third party to support in the investigation and management of personal injury/property damage claims on Councils behalf. Where this is the case, the third party may contact you directly with the outcome of your claim / seek further information but only once Council notifies you in circumstances where a third party has been appointed to investigate and manage your claim with their contact details. This is to ensure you are dealing with an authorised representative of Council. Council will never ask you to provide any unsolicited personal or other confidential information to a third party without first contacting you to notify you of the third-party appointment. to view our privacy notice, see Privacy.

Council contractors

If your loss was caused by a contractor acting on behalf of Council, your claim will be referred to the relevant contractor to respond to you directly.

Efforts to ‘make safe’ or undertake ‘repairs’ of damaged property

Efforts to ‘make safe’ or undertake repairs to damaged property, which is the subject of a claim or potential claim against Council, should be carried out with appropriate recording of evidence of the loss or damage. With diary notations, photographs, video, quotes, and invoices.

Why does Council request photographs or video evidence to support a claim?

  • One of the most effective ways to avoid confusion about the circumstances surrounding your claim is with photographic or video evidence.
  • Providing photographs or video evidence where possible with your claim is not essential, however assists to ensures Council is investigating the correct issues.
  • The photographs should be taken from various angles to clearly show the loss or damage as it is contextual to the surroundings.

Please ensure that you only take photographs if it is safe to do so.

What is negligence?

To determine negligence you must establish, on the balance of probabilities, three essential elements as set out by the Civil Liability Act 2003 (Qld) (CLA):

  1. A duty of care was owed by Council to you.
  2. Council breached the duty of care owed to you.
  3. The injury, loss or damage suffered was caused by Council’s breach of duty of care – put simply, you must establish that your loss has been directly caused by Council rather than by other factors.

Personal injuries claims

Submission of this liability claim form and associated attachments is not a substitute for compliance with any statute (including the Personal Injuries Proceedings Act 2002 (Qld) (PIPA)). 

Submitting a claim to Council

To submit your claim to Council, please fill out the relevant claim form below. Remember all evidence available in support of the claim should be attached to the form when lodging with Council’s claims team.

You can submit your claim:

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Logan City Council PO Box 3226 Logan Central QLD 4114
Phone:
07 3412 3412
Email:
council@logan.qld.gov.au
Web:
logan.qld.gov.au