Insurance and claims

You can email the completed Incident Notification Form along with all supporting documents directly to claims@hobsonsbay.vic.gov.au. Alternatively, you may drop them off at your nearest Council office.

Providing supporting evidence helps us assess your claim accurately and fairly. Documentation such as photographs, invoices, medical reports, or expert assessments demonstrates the extent of the injury, loss, or damage, establishes a clear link to the incident and assists with evidencing Council’s alleged negligence. Without sufficient proof, we may not be able to validate your claim or determine liability.

After submitting your claim, you will receive an acknowledgment within five (5) business days. To ensure an independent and impartial review, Hobsons Bay engaged Claims Management Australasia Pty Ltd (CMA) as an authorised third-party liability claims manager to assess Council’s liability. All claims are forwarded to CMA for assessment.

CMA will review your claim to confirm that all required information has been provided. CMA may investigate to determine whether Hobsons Bay City Council is liable. This process typically takes 4–6 weeks to complete. A CMA representative will contact you during the assessment if they need more information.

If you have insurance protection for any damaged property, you should consider submitting a claim through your insurer, which generally provides a quicker process for repairs to be completed. If your insurer believes Council has been negligent, they will submit a claim on your behalf (known as subrogation rights).

Once we receive your completed Incident Notification Form and all supporting documentation, your claim will be forwarded to CMA for review. CMA will assess the information provided to determine whether liability exists. The assessment process typically involves:

Verification of details – Confirming the accuracy of the incident information provided.

Review of evidence – Examining supporting documents such as photographs, invoices, medical reports and expert assessments.

Investigation – Where necessary, conducting further inquiries or requesting additional information.

Determination of liability – Assessing whether negligence can be established based on the evidence.

Outcome notification – Informing you of the decision and any next steps.

Please note that submitting a claim does not guarantee acceptance. Each claim is assessed on its individual merits.

The timeframe for finalising a claim can vary depending on the complexity of the matter and the information required. On average, the process takes 4-6 weeks, and sometimes longer, as we may need to gather details from multiple departments and external sources.

We understand that waiting can be challenging. Please know that we are working diligently to assess your claim as quickly as possible. Your patience during this process is greatly appreciated.

You should not delay obtaining necessary medical treatment, property repairs, etc.

If additional information is required to progress your claim, we will contact you directly.

No, you do not need to contact Council while your claim is being investigated. If additional information is required to progress your claim, a representative from Claims Management Australasia (CMA) or Council will contact you directly.

If you require accessibility support or help completing your claim, please contact our customer service team on 1300 179 944, or visit your nearest Council office for in-person support. Our team can help to ensure the process is accessible and meets your needs.

No. Council does not reimburse expenses on compassionate grounds. All claims are assessed strictly in accordance with legal liability requirements.

What does legal liability mean?

Legal liability refers to the responsibility under law for loss, damage, or injury caused by negligence. For a claim to be accepted, evidence must show that Council breached its duty of care and that this breach directly resulted in the loss or damage you experienced.

If your claim is not accepted, it means the assessment found no legal liability on the part of Council. You will receive written notification explaining the outcome.

If you disagree with the decision, you have the following options:

• Request a review: You can provide additional evidence or information for reconsideration.
• Seek independent advice: You may consult your legal advisor or insurer to explore other avenues.
• Contact the Victorian Ombudsman: If you believe the process was unfair or unreasonable, you can lodge a complaint with the Victorian Ombudsman. Visit www.ombudsman.vic.gov.au or call 1800 806 314 for assistance.

If your claim is accepted, you will receive written confirmation outlining the decision and any compensation amount approved. Council, through its authorised claims manager Claims Management Australasia (CMA), will then arrange payment or reimbursement as agreed.

You may be asked to provide banking details or complete additional documentation to process the payment securely. Once all requirements are met, payment will be issued promptly.

You may choose to obtain independent legal advice or engage a lawyer to represent you at any stage of the claims process, however this is entirely your choice. Please note that any legal costs incurred will be your responsibility. Council does not cover expenses related to legal representation unless a claim is accepted, and limits will apply.

No. Councillors are not involved in the claims process and cannot assist with your claim. They remain independent from all investigations and assessments.

No. Liability must be proven under the law.

Council is committed to protecting your privacy. The personal information you provide in your claim, including any supporting documentation, is collected for the purpose of assessing liability and processing your claim.

Your information may be shared with Council staff, authorised third-party claims managers (such as Claims Management Australasia Pty Ltd) and other relevant parties involved in the investigation. It will not be disclosed to any other person or organisation except as required by law.

For more details on how we manage your personal information, please refer to our Privacy Policy at Privacy - Hobsons Bay.

If you have experienced an injury on Council land or involving a Council asset, you may wish to submit a claim for compensation. Submission of a claim for compensation does not guarantee the claim will be accepted. 

Council assesses all claims in accordance with The Wrongs Act, legal obligations and principles of negligence. Courts have determined that councils are not legally responsible for incidents caused by defects that would have been visible to an ordinary person paying proper attention, or when the council did not have prior knowledge of the defect that caused the injury.

Compensation cannot be paid simply because an incident occurred on Council land or involved a Council-owned asset.

For claims relating to personal injury, please include supporting evidence such as:

• a photo of the exact location where the incident occurred
• if possible, mark the photo with an ‘X’ to indicate the precise spot of the incident.

If you experience an incident on a road or footpath managed by Council, it’s important to understand how claims are assessed. Council is responsible for maintaining roads and footpaths under relevant legislation. A defect is only considered a hazard if it is above the intervention level specified in the Road Management Plan. Councils are generally only liable if they knew about a specific hazard and failed to take reasonable steps to fix it.

Common situations include trips and fall on uneven footpaths, injuries caused by potholes or damaged roads, and accidents linked to missing signage or poor lighting. Hazards created during work without proper warning signs may also be considered.

Please note under the Road Management Act 2004 (Vic), anyone seeking compensation for property damage caused by the condition of a road or footpath must cover the first $1,681 (for the 2025-26 financial year) of any claim, regardless of who is at fault. This applies to damage to vehicles, bicycles and personal items. This threshold is set by the Victorian Government.

For claims above $1,681, a road authority may be liable if it has not met the standards outlined in the Road Management Plan, as required by the Road Management Act 2004. If this applies to your situation, Council will contact you after completing its investigation to explain the next steps.

Council is responsible for managing trees and vegetation on public land, but ownership of a tree does not create an automatic liability on the Council for damage caused by roots or branches. Liability generally depends on whether Council was negligent or failed to act on a known risk.

Damage caused by a Council tree

Council trees are inspected regularly subject to the availability of its staffing resources, to monitor their condition and safety. These inspections assess key indicators such as overall health, canopy structure, branch stability, signs of decay, pest or disease presence, and any root plate movement. If Council is notified of a potential hazard or nuisance, an additional inspection will be carried out.

Claims for damage caused by trees are assessed based on negligence and will only be accepted where Council has a clear legal liability.

Structural damage caused by tree roots

Tree roots grow towards areas where they can access moisture, nutrients and suitable soil conditions. When these resources are available, roots will naturally expand and develop more extensively. Tree roots can sometimes cause damage by exerting pressure on structures like concrete pavements, walls, underground pipes and buildings with inadequate foundations. However, structures such as paving and walls can crack for many reasons. If you believe a Council tree is causing damage to your property, you must provide sufficient evidence to support your claim.

For more information, please visit Trees & Infrastructure - Hobsons Bay

• Blocked stormwater pipes caused by tree roots

Tree roots generally enter sewer or stormwater pipes only if those pipes are already cracked or damaged. When pipes are correctly installed and properly maintained, it is very rare for tree roots to crush or crack them. Council is responsible for the local stormwater drainage network including pipes and pits on public land, but not for private stormwater pipes that connect to the legal point of discharge (LPOD). Property owners are responsible for maintaining, repairing, and replacing pipes up to the LPOD or sewer connection point.

If you believe a Council street tree has caused a blockage, you must provide evidence along with a completed Incident Notification Form. Evidence should include:

• clear details of the damaged pipe, including its material and location (mark the spot with an ‘X’ if possible)
• clear images and/or CCTV drain inspection footage showing the damage and the point where roots entered
• in cases where the origin of the roots is unclear, identification by a qualified professional may be required.

For more information, please visit Trees and nature strips - Hobsons Bay.

Damage caused by a Council vehicle

If a Council officer causes damage to your property or vehicle, they will provide you with the necessary information at the time of the incident. In some cases, damage may occur without the officer being aware. If you believe a Council officer has damaged your property, please complete an Incident Notification Form and email it to claims@hobsonsbay.vic.gov.au.

Once your claim is submitted, Council will begin an investigation to determine whether it is legally liable. This process involves reviewing the details you provide, and gathering statements from the officer involved and any witnesses. Council may also check work records, vehicle logs and other relevant documentation to confirm what happened.

If additional information is required, we will contact you. When the investigation is complete, Council will advise you of the outcome and next steps. Please note that compensation can only be paid where Council has a clear legal liability.

Damage caused by a waste collection truck

If your vehicle or property has been damaged by a waste collection truck, please give our customer service team a call on 1300 179 944. We’ll guide you through the process and help you lodge your claim quickly and easily.