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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When to seek compensation
If you have sustained an injury, loss, or property damage resulting from inadequately maintained Council assets, such as roads, footpaths, parks, or trees, you should report the issue to Council, and you may subsequently submit a claim requesting compensation.
Council relies on members of the public to bring risks and hazards to its attention so we can keep the municipality safe for everyone.
You can report the issue by visiting our online portal or contact our customer service team on 03 9243 8888.
How to make a request for compensation
You should submit the Request for Compensation form if you believe Council is liable due to negligence. The type of claim you are making falls under public liability, which refers to claims arising from injury, loss, or damage caused by the alleged negligence of a public authority in the management or maintenance of its assets.
Please note that submitting a request for compensation does not guarantee that your claim will be accepted. All public liability claims for Moonee Valley City Council are assessed by an external claims management provider, Echelon Australia.
Steps to make a claim
1. Download and complete request for compensation form below.
2. 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.
3. Send the completed form to claims@mvcc.vic.gov.au.
After your claim is submitted
You will receive an automated message confirming receipt from Council. This acknowledgement also confirms that your claim has been transferred to Echelon Australia for assessment.
Depending on the complexity of the matter, Echelon Australia may take 8–12 weeks to assess and finalise your request for compensation. More complex claims may take longer due to the time required to undertake the necessary investigations.
Possible outcomes for your claim
After assessment of the evidence you provided and the other facts of the claim, we will let you know the outcome of your claim: the claim could be accepted in full, a partial settlement may be offered, or the claim might be denied.
Why has my claim not been accepted?
Moonee Valley City Council can only accept claims for reimbursement where the facts established through investigation show 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.
Common scenarios where a request for compensation may be unsuccessful
Under Section 52 of the Wrongs Act 1958, the burden of proof rests with the person making the claim. If the documents or information provided are not sufficient to substantiate the allegation, Council will be unable to accept liability.
Claims relating to damage caused by severe weather events or other circumstances outside Council’s control cannot be accepted. During extreme weather events, Council may also experience delays and may not be able to meet the timeframes outlined in its Road Management and Tree Management. Council will, however, endeavour to complete all customer service requests as promptly as possible and continue supporting the community during difficult periods.
Under the Road Management Act 2004, individuals or companies seeking compensation for property damage arising from the condition of a road or footpath must pay the first $1,640 of any claim, regardless of liability. This includes damage to vehicles and personal items. This threshold is set by the State Government, not by Moonee Valley City Council.
If the incident occurred at a location within Moonee Valley but the asset is owned or maintained by the State Government or the Department of Transport/VicRoads, Council cannot be held liable.
If Council did not receive any prior reports or requests to address the issue before the claim was lodged, this may affect the outcome of the investigation.
If the damage was caused by a contractor acting on behalf of Council, Council will inform the contractor about the incident, and you will be referred to contact the contractor for assessment. Council will notify the contractor of the incident, and you will be requested to contact the contractor directly. Council will continue to liaise where appropriate and uphold its duty of care by providing customer service support as needed.
If the incident relates to pit lids, pits, or other infrastructure owned by utility companies such as Telstra, NBN etc, you will need to lodge a claim directly with the relevant utility provider.
Property owners are responsible for the drains and pipes that collect water on private property, including pipes running beneath the footpath or nature strip. If you have a blockage of a pipe or drain on your property, you need to seek advice from a registered plumber. If you receive advice from a plumber that there is an issue with Council-owned stormwater drains, please contact please contact us by emailing council@mvcc.vic.gov.au or calling 9243 8888 to report the issue.
What do I do if I want my claim decision reviewed?
If you disagree with Council’s decision regarding your claim, you have the right to request a review of your claim. Claim reviews follow the same 4 tier process as feedback.
Once you submit your request for compensation form, Council will submit your claim to Echelon Australia for investigation and provide you with an acknowledgement email within three working days. Depending on the complexity of the matter, Echelon may take 8–12 weeks to assess and finalise your request for compensation. Echelon will provide its recommendation based on liability to Council. Council will review the recommendation and determine the outcome, and Echelon will provide the outcome to you in writing.
If you disagree with the outcome, you have the right to request a review. Please provide your review request in writing to Echelon directly or to Council at claims@mvcc.vic.gov.au.
We will pass on your request to Echelon, and Echelon will appoint one of their senior claims handlers to review your claim. The review will take between 4-6 weeks depending on complexity.
The senior claims handler will provide their recommendation based on liability to Council. Council will review the recommendation and determine the outcome, and Echelon will provide the outcome to you in writing.
If you disagree with the outcome of the investigation review, you have the right to request an internal review by a suitably authorised officer at Council, typically a supervisor within the Legal & Governance department. Please request the internal review in writing to claims@mvcc.vic.gov.au. The authorised officer will review the entire claim, including the review, and provide Council’s final decision to you within 4 weeks.
If you disagree with the outcome of the internal review, you have the right to seek an external review by the Victorian Ombudsman (the government agency that investigates complaints from the public about government) or to seek independent legal advice.
Use of generative AI tools
Some people may choose to use generative AI tools to help write to Council, understand correspondence from Council, or prepare a response. Examples include ChatGPT, Google Gemini, Microsoft Copilot and Meta AI.
If you choose to use these tools, you should exercise caution and not rely on them as a substitute for professional advice, evidence, or your own assessment of the facts relevant to your matter.
Before using these tools, it is important to understand that:
- Information you enter may not be private - personal or confidential information you share may be collected, stored or used by the tool provider.
- Information generated by AI may be incorrect - it may contain errors about laws, processes or available options relevant to Council or Victoria.
- AI tools cannot make decisions or provide legal advice - they are not a legal authority or legal service and cannot determine the outcome of your matter or provide legal advice about a complaint, dispute or claim involving Council.
You are responsible for the accuracy and completeness of any information submitted to Council, including content generated using AI tools. Incorrect, incomplete or misleading information may affect Council's ability to assess your matter and could result in delays.