Lodging a claim against Council

If you have sustained damage or injury and you believe we are responsible, you may lodge a claim for consideration.

All claims are to be made as soon as practically possible and must be received in writing to ensure the accuracy of our investigation.

We treat all claims seriously and the circumstances surrounding claims are investigated fully before making an informed decision. 

How claims are considered

Claims for injury or damage are considered against the requirements of the Civil Liability Act 2003 (the Act) and common law (law developed by judges using precedents).

The Act describes the principles in deciding whether a public or other authority has a duty or has breached a duty.

In doing so, the Act recognises:

  • the functions performed by councils are limited by financial and other resources
  • the general allocation of financial or other resources is not open to challenge
  • the functions required to be exercised by councils are to be considered against the full range of functions
  • councils may rely on compliance with general procedures while carrying out their functions.

For us to be held liable, the incident that caused the alleged injury or property damage must have been foreseeable and it must be shown that we owed a duty of care, and that duty was breached, thus resulting in the alleged injury or property damage.

As all decisions are made with consideration to the Act and common law, please consider the circumstances carefully before making a claim as a favourable outcome will ONLY result if there is a sufficient weight of evidence to support the claim AND negligence on our behalf can be demonstrated.

Step 1 - Pre-advice

Report the matter directly to our officers at the scene of the incident or call Customer Service on 131 872 immediately or at your earliest opportunity following the incident.

Reporting the incident immediately will ensure our investigation of the incident is not prejudiced and will bring to light issues requiring our immediate attention.

Step 2 - Prepare claim documentation

In all cases, we require a written letter of demand and supporting evidence, which clearly identifies the following:

  1. Who is making the claim
    • Your full name
    • Your residential address
    • Your postal address (if different to your residential address)
    • Your phone number
    • Your email address
    • Customer reference number (if provided by Customer Service at step 1)
  2. What happened?
    • Details of the circumstances surrounding the incident
  3. When did the incident occur?
    • Date and time of the incident
  4. Where did the incident happen?
    • Details of the incident location (if damage has occurred on a road, the nearest rural number or a measure of distance from the nearest intersection or junction are to be used)
  5. Why did the incident occur?
    • Details as to why you believe we are responsible for your loss/damage/injury
  6. Quantum
  • Details that clearly identify what you are claiming and the amount you are claiming

Supporting evidence

It is your responsibility to provide us with sufficient evidence to support your allegation/s including, but not limited to, the following:

  • property damage - two repair quotations from reputable repairers, or a copy of the relevant repair invoice, where applicable
  • personal injury - evidence that supports the quantum of claim, where applicable
  • photographs clearly depicting the loss, damage or injury
  • photographs clearly depicting the alleged cause
  • eyewitness statements if applicable.

Step 3 - Submit your claim

Your claim can be lodged by any of the following methods:

  1. Email your claim documentation to:

    info@tr.qld.gov.au

  2. Mail your claim documentation to:

    Toowoomba Regional Council
    PO Box 3021
    TOOWOOMBA   QLD   4350

  3. Deliver your claim documentation to a Customer Service Centre. 
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