Blue Mountains City Council (BMCC) is sympathetic to anyone who is injured or experiences a loss.

However, the fact that an incident has occurred does not necessarily mean the organisation is liable and has to provide compensation.

In all cases proof supporting any allegation is required that the loss or damage claimed has been caused by negligence on our part and/or our employees or agents.

Please note: loss or damage resulting from an act of nature, such as wind or storm, is beyond our control. There are also times when injuries are sustained due to failure by an individual to take reasonable care to ensure their own wellbeing.

As establishing negligence can be time consuming and difficult, if you hold a policy of insurance i.e. motor vehicle or domestic insurance, you may wish to consider lodging a claim with your insurer as, in most cases, the onerous test of proving negligence is not required.

The process of investigation and determination can take 6 to 8 weeks. Sometimes there are delays in obtaining information which is beyond our control (i.e. information required from third parties, contractors or witnesses). We endeavour to respond to claims as quickly as possible; but claims brought in negligence are often complicated and we ask for your patience and co-operation during this time.

It is highly unlikely we will be liable to pay compensation in the following circumstances:
If you have not completed the request for compensation form with the appropriate supporting evidence

  • you are unable to establish the cause of your damage
  • trees - where damage was caused by shedding or resulting from a weather event
  • trees - damage caused by tree roots when we were not previously aware of the problem
  • when we are complying with our statutory duties under relevant legislation
  • incidents on roads and footpaths which are not on our Road Register e.g. arterial roads and private access roads
  • damage caused by a contractor acting on behalf of us e.g. roadworks, parks maintenance etc. Such claims are to be made directly to the relevant contractor
  • 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 company website for information on how to make a claim
  • claims for asset and damage where the responsibility to maintain falls on the property owner e.g. private property owners are responsible for maintaining stormwater pipes, gutters, downpipes, gully pits and any other components of drainage systems in good condition, and in compliance with our requirements. This includes maintenance of the stormwater system on the property as well as any connection to our stormwater system. When redirecting and/or concentrating stormwater flows, property owners are required to collect the stormwater and direct it to a legal point of discharge.


Download our Claim for Compensation form

 

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