Compensation
If you have sustained an injury, loss or damage because you believe that Moonee Valley City Council has been negligent, you can submit a request for compensation.
Request for compensation
Download and complete a request for compensation form. Send the completed form to claims@mvcc.vic.gov.au.
Please note that submitting a request for compensation does not guarantee that your claim will be accepted.
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How to make a request for compensation
- Download and complete a request for compensation form above.
- Provide as much information as you can to support your claim such as:
- photographs of the incident location/damage.
- specific location details.
- two quotes/receipts, where available.
- Incident reports, where available.
- Send the completed form to claims@mvcc.vic.gov.au.
After your claim is submitted
You will receive an acknowledgement of receipt within 3 business days of submitting your claim.
All requests for compensation are assessed by an independent claims assessor who will contact you on the outcome of your claim in approximately 8-12 weeks. For more complex claims, this may take longer due to the time required to carry out the necessary investigations.
Claims for compensation on compassionate grounds
Moonee Valley City Council can only accept claims for reimbursement where the facts from the investigation establish that Council has clear legal liability. As Council has an obligation to ensure fair and ethical use of Council funds, all claims will be comprehensively investigated before any liability for payment is accepted.
When Council accepts claims for compensation
Moonee Valley City Council accepts and makes payment for claims if it has been established that Council has a clear legal responsibility.
If you’re not satisfied with the claim decision, and have new information to submit, you may request a review of your claim.
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.
Types of claims
Council trees are subject to regular inspection, 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.
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.
The Road Management Act 2004 requires an individual or company seeking compensation for property damage arising from the condition of the roadway or footpath to pay the first $1,640 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, and not Moonee Valley City Council.
For claims of more than $1,640, Council may be held liable if it has failed to meet the criteria set out in its Road Management Plan, in accordance with the Road Management Act 2004 (Vic). If this applies in your case, we will contact you once our investigations are complete.
Privacy policy
Moonee Valley City Council (Council) is collecting your personal information on this form for the purpose of considering your claim, undertaking remedial actions with regards to the claim if necessary, and to contact you if required. The information you provide will be disclosed to Council’s insurers and advisors, lawyers, assessors, consultants, and investigators, and to any other entities that are implicated in or may have liability (such as contractors or a state government agency).
If a third party is implicated or involved, your claim and associated personal information may be redirected to that entity for their response. Your information will be protected in accordance with the principles in the Privacy and Data Protection Act 2014 and Council’s Information Privacy and Security Policy and will be accessed by authorised employees and contractors of the Council. This information will be stored securely in Council’s Customer Database and will not be disclosed without your consent, except where required to do so by law. If the requested information is not provided, Council will not be able to consider your claim as the requested information is required to accurately assess the circumstances. For further information on how your personal information is handled, refer to Council’s Information Privacy and Security Policy or email privacy@mvcc.vic.gov.au.