We want everyone to enjoy time spent within the City of Wyndham. If you have experienced personal injury and/or property damage and believe that Wyndham have contributed to your loss, then you can submit a request for reimbursement. Your request does not guarantee your claim will be accepted.
Once we receive your claim we will investigate whether we are liable. All claims are thoroughly assessed on a case-by-case basis and we cannot compensate on compassionate grounds. As a government body we are required to demonstrate evidence based decision making in the management of public money.
Wyndham City Council, or a third party on our behalf, expect to contact you with the outcome within 12 weeks, although complex matters may take more time. We will endeavour to provide you with periodic updates on your claim progress, pending final notice of your claim outcome.
Please note that Wyndham City Council may not be the relevant party (authority, organisation or individual) to assess your claim, if so, we may refer you to them.
Please read the information below prior to submitting a claim form. Note that as part of this submission, the location of your incident must be supplied to confirm that it occurred within the municipality of Wyndham.
Information To Be Considered Prior To Lodging A Claim
On what grounds would we accept your claim for reimbursement?
When a request for consideration of a claim is presented to Council, each case is assessed on its merits. If it is determined that Wyndham have contributed to the loss, we will accept liability and reimburse the you to the extent that you are able to evidence financial loss as a result of the event.
Do we accept claims for reimbursement on compassionate grounds?
We can only accept claims for reimbursement where the facts from our investigation demonstrate that we have liability. We have an obligation to ensure ethical use of Council funds, including ratepayer contributions. As such, all claims will be comprehensively investigated before we accept any liability for payment.
Why have we asked that you include photographs with your claim?
Photographs taken at the incident site help to identify the exact location and condition. Photos and maps are the best way to show this. They may also act as evidence of the site condition at the time of incident.
Photographs taken of the injury and/or damage sustained may contribute evidence to substantiate your claim.
If we do not accept your claim request, what can you do?
If you’re unhappy with our decision and have new information to submit then you can request a review. 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.
Can I engage a lawyer to represent me?
It is your right to choose to engage a lawyer at any time. If you do, please ensure the lawyer notifies us of their involvement. Please bear in mind that if you engage a lawyer, you may need to pay legal costs. We suggest you discuss this with your lawyer.
Why can’t I claim for amounts less than $1460 when my loss or damage is due to road conditions?
You cannot lodge a consideration of claim request for less than $1460 because there is State Government legislation (Section 110 of the Road Management Act 2004) that applies to you and Wyndham City Council in these situations.
The legislation states that road authorities are not liable for the first $1460 of property damage expenses resulting from the road conditions, regardless of the specific condition of the road and whether the authority (such as Wyndham City Council) has been negligent. This legislation and threshold is managed by the State Government as opposed to Wyndham City Council.
The $1460 amount relates to damage expenses for vehicles such as cars and bikes and also includes insurance excess amounts.