Request for compensation FAQs

• Council will only accept claims where there is a legal liability.
• Council will not consider claims for non-economic loss such as ‘pain and suffering’.
• Claims submitted will be assessed following the appropriate legal framework.

Council has an obligation to ensure appropriate use of all funds, including ratepayer contributions and as such, can only accept claims for reimbursement where the facts from the investigation demonstrate that Council has liability.

Photographs taken at the incident site help us identify the exact location and assist as evidence to support or substantiate your claim. Photographs and maps are the best way to show this.

For Council to be held liable for out of pocket expenses for injury or property damage, the assessment must show that Council owed a duty of care, or breached its statutory obligation, which subsequently resulted in damage or injury.

Depending on the circumstances, the investigation process can take up to 12 weeks to complete as it may require Council to gather information from various sources. However, Council will make every effort to ensure these investigations are finalised as quickly as possible. Council appreciates your patience and will contact you if further information is required.

Council will contact you with a response to your claim once your assessment is complete. In the event you haven’t heard from Council in 12 weeks, please contact us at info@frankston.vic.gov.au.

• Council will advise if there is no legal liability for the incident and your claim will be dismissed.
• Council may refer you to another authority or another party to investigate your claim.
• If Council has legal liability, you will receive a response from us to resolve your claim. 

If you’re unhappy with Council’s decision, you may request a further independent internal review.  Any subsequent request should outline the grounds on which you have requested a review, on the basis that there has been an error of fact in our response or an error in the interpretation of the law or you have new/additional information that was not included in the original assessment. Being aggrieved with the outcome is insufficient grounds to request a review. 

Alternatively, you may contact the Victorian Ombudsman - complaints@ombudsman.vic.gov.au or seek legal advice.

It is your right to choose to engage a lawyer at any time. If you do, please ensure the lawyer notifies Council of their involvement. Please remember that if you hire a lawyer, you may need to pay their legal costs. We suggest you discuss this with your lawyer.

Council often redirect claims to other Councils or third parties such as the Department of Transport (formerly VicRoads) or other major land owners such as Parks Victoria or the Department of Energy, Environment and Climate Action.

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.

In relation to claims for ongoing pain and inconvenience for an injury, Council is not able to consider this aspect of any claim given the following legislative provision contained within the Wrongs Act 1958, Section 28LE.

In order for such matters to be considered, a claimant must have sustained a ‘significant injury, as defined by the Wrongs Act and have provided a supporting Certificate from a prescribed person – a copy of the governing legislation can be found via the following link:-

http://www5.austlii.edu.au/au/legis/vic/consol_act/wa1958111/s28le.html

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 $1640 of any claim, regardless of liability. This includes damage to items such as cars, bikes and personal items. The State Government set this legislative threshold.

For property damage or economic claims of more than $1640 a road authority may be held liable if it has failed to meet the obligations 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 assessments are complete.

Please note, if successful the amount of $1640 will be deducted from your overall claim. For example, if claim amount is $2000, the final amount will be minus $1640. More information of the State Government legislative threshold can be found via the following resources:

• Download the 2024 - 2025 Victorian Government Gazette(PDF, 419KB)
• Road Management Act 2004 - Section 110 - Limits in relation to liability for property damages
• Road Management Act 2004 - Section 111 - Indexation provision

If it is alleged that Council’s tree has caused property damage, you will be required to provide evidence.

The fact that damage has occurred, 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 Council will only assess claims if previously advised of the issue and has failed to take appropriate action within a reasonable period of time or there is evidence regarding the adequacy of the arboricultural management of the tree.

Council will seek practical solutions to reduce the risk of damage to private property from Council tree roots.

Tree removal for direct or indirect property damage will only be considered where no practical arboricultural or engineering solution can be implemented to address the conflict whilst retaining the tree.

Council will make every effort to ensure that replacement trees will not result in a similar future conflict. 

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 Council 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.

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, leading to entry into 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 occurs 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.

Before undertaking any works or investigations, please see check the following pages to ensure you have the correct permits:

• Do I need a planning permit?
• Apply for a road reserve permit

• If there is no legal liability imposed.
• Damage was caused by or resulting from an adverse weather events e.g. Tree limb falling 
• Damage caused by tree roots when Council was not previously aware of the issue.
• Damage caused by an independent contractor engaged by Council, e.g. roadworks, parks maintenance, waste collection. Such claims will be referred to the relevant contractor to respond directly.
• Incidents relating to the condition of pit lids or other infrastructure belonging to utility companies, e.g. Telstra, Optus, NBN, water, power and gas companies. Refer to the relevant utility 
• Claims for asset and damage where the responsibility to maintain falls on the property owner. e.g. stormwater drains on private property.

Frankston City Council is committed to protecting your privacy. The personal information you provide on this form will be used to assess and determine your claim. Council may contact the nominated witnesses to gather further information about the incident. Please advise the witnesses that you have provided their contact details to Council. In order to fully assess your claim, it may be necessary to share information about you and the incident, including your name and contact details, to other parties, such as Council’s insurer and contractors. Your information will only be used and disclosed as authorised by law. If you do not provide the detailed information requested on the form, your claim for compensation may not be able to be processed. Your claim may be referred to Echelon Claims to process on Council’s behalf. Echelon may contact you directly. For information about how Echelon handles personal information, see their privacy policy at Echelon privacy policy. For further detail about how Council handles personal information, or to access your information, see Council’s privacy policy at frankston.vic.gov.au or contact Council’s privacy officer on 1300 322 322.

Contact Council’s Freedom of Information (FOI) Officer on 1300 322 322 to discuss the required documents or information. The FOI Officer can advise whether the information is readily available or a formal Freedom of Information request is required.

Freedom of Information is a formal statutory process. Charges are payable in accordance with the Freedom of Information Act 1982 (Vic). 

An application can be made using the Freedom of Information Request Form found at https://www.frankston.vic.gov.au/Your-Council/Governance/Freedom-of-Information and forwarding it to:

Freedom of Information Officer
Frankston City Council
PO Box 490
Frankston VIC 3199

or

info@frankston.vic.gov.au

See Council’s website or contact the FOI Officer for more information about the FOI process.