Request for Consideration of Compensation

Download and complete a Request for Compensation Form(PDF, 354KB)

Provide as much information as you can to support your claim such as:

• Photographs of the incident location/damage.
• Specific location details.
• Quotes/receipts, where available.
• Incident reports, where available.

Send the completed form to BawBaw@BawBawShire.vic.gov.au

After your claim is submitted, you will receive an acknowledgement of receipt within three business days of submitting your claim forms.

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.

Baw Baw Shire Council can only accept requests for consideration of compensation where the facts from investigations establish that Council has a clear legal liability. 

Baw Baw Shire Council accepts requests for consideration of compensation and makes payment if it has been established that Council has a clear legal responsibility.

If you are not satisfied with the decision and have new information to submit, you may request a review of your claim for compensation by National Claims Solutions’ Director.  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.

Depending on the location of the tree and if Council is responsible for its maintenance, it may be part of a proactive inspection program. Alternatively, Council will inspect a tree on request if it has been notified as a nuisance or potential hazard.

Council’s tree assessment takes into consideration assessment key indicators including the general health of the tree, canopy condition, limb/branch structure, signs of decay, existence of pests or disease, and root plate movement.

Trees are living organisms and may be exposed to a range of unpredictable environmental factors, including adverse weather conditions that are often outside of Council’s control. As a result, the failure of a tree limb does not automatically mean that Council is liable.

Tree damage claims are considered on the basis of negligence and will only be accepted where Council has a clear legal liability.

Not necessarily.  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 Baw Baw Shire Council.

For claims greater than $1,640, Council may be held liable if it has failed to meet the conditions set out in its Road Management Plan.