Liability claims against council

If you have suffered an injury or damage to personal property which you believe was a direct result of council’s negligence, you may wish to submit your compensation claim for council’s consideration.

To prove negligence, you must show:

  • Council owed you a duty of care,
  • Council breached that duty, and
  • The breach directly caused your loss or damage.

To have your claim reviewed by council, you must present evidence of your loss and show that council failed in its duty of care under the Civil Liability Act 2003 (Qld). The Act acknowledges that council and similar organisations have limited resources and clarifies that council is not responsible for an incident if it was unaware of the situation at the time it happened.

Although Council may own, manage, or be responsible for the land or infrastructure, this does not mean they are automatically liable.

Council is not automatically liable for any perceived damage, loss or injury. It must be proven that council has been negligent in its duty.

Council reserves its right to recover all or any costs it has unnecessarily or unreasonably incurred in successfully defending its claims.

Report a hazard

Please report the hazard by contacting council by the following methods so the necessary attention can be undertaken to rectify the hazard:

Telephone:  1300 622529

Email: council@mackay.qld.gov.au

MRC Customer Portal:  Customer requests

Mobile Application:  Snap Send Solve

Claiming through your insurance

We recommend that you discuss your options with your insurer before lodging a claim with us.

Council contractors

Council may not be the responsible entity in relation to your claim.

If council determines your claim involves a council contractor, we will refer it to them. By submitting your claim form, you consent to council sharing your details and related information with our contractors. We will notify you if this occurs and provide the contractor’s contact information. The contractor will then contact you directly about your claim.

If your claim relates to another entity, such as Ergon Energy or Queensland Transport and Main Roads, we will advise you in writing to contact them directly as council cannot assess a claim where council is not the responsible entity.

Storm or weather events

If damage to private property or personal injury has occurred due to a storm or weather event, council may not be liable for this damage. A storm or weather event is a natural event and so injury, damage or loss caused by it may be beyond council’s control.

Claims

All claims must be lodged with council for consideration and will be considered on a “without prejudice” basis.

Once received the claim will be investigated and a decision provided to you on the findings within a reasonable timeframe.

Whilst all liability claims will be properly considered, the following claims are unlikely to be approved:

  • You have not provided the appropriate detail or supporting evidence.
  • Council negligence cannot be determined sufficiently.
  • Damage to tyres and rims which result from wear and tear.
  • Damage due to debris (if it occurs in the normal course of driving).
  • Damage resulting from criminal actions.
  • Damage resulting from storm or weather events.
  • Matters already the subject of a separate or private insurance claim.
  • Damage resulting from the actions of a third party which is not council.
  • Damage resulting in property damage, i.e. panel damage, windscreen damage from council plant where insufficient evidence is provided.
  • The damage was caused by defects that council was not aware of, e.g. potholes, displaced or cracked footpaths etc. See notes above on Civil Liabilities Act 2003.

Additional repair costs we do not pay for:

  • To replace parts that are not available or no longer made.
  • To supply, modify or paint undamaged parts to create a uniform appearance.  For example, if only 1 of your mag wheel rims are damaged and we cannot find an exact match, we will not pay to replace all 4 of your wheel rims.
  • For any exceptional transportation costs, including air freight costs, unless we authorise it first.
  • To repair any pre-existing damage to your vehicle or your caravan or trailer.  Any claim settlement will be less the cost to repair the pre-existing damage.
  • To fix previous repairs because of poor workmanship chosen by your choice of repairer.
  • For any reduction in the value of your vehicle or your caravan or trailer after it has been repaired.

It is very unlikely council will be held liable and, therefore, cannot pay compensation if:

  • The damaged property had exceeded its natural life span, e.g. 15 years for timber retainment walls and fences.
  • The damaged property pre-dates the date you purchased the property.

Claims submitted more than 12 months after the incident, or after a period deemed unreasonable, may not be eligible for consideration.

The acceptance of the written claim and supporting documentation by council in no way infers negligence on the part of MRC or binds council to provide compensation.

These claims may be dealt with either by:

  • Internal investigation
  • Council’s insurer
  • As per public liability plant claim requirements
Preferred suppliers

Below is a list of council’s preferred suppliers from whom you can obtain quotations:

Automotive Repairs

  • C&C Panel & Paint, located at 16 Victoria Street Mackay, Phone: 49513 252 email admin@ccpanel.com.au

Autoglass - Repairs Only

Autoglass - Replacement & repairs

Council cannot provide claim compensation unless a clear legal liability has been established.

Lodging a claim

Claims for property damage will only be considered when all supporting documents are submitted to council by the claimant within ten (10) business days of the alleged incident. Exceptions may be granted as assessed and approved by the Coordinator Corporate Governance.

Personal injury claims must be lodged with MRC within three (3) years of the date of injury.

Your claim can be lodged by:

The investigation and determination of claims are provided by council and/or its insurers.