Claims

A claim through your own insurance policy, for example home and contents or comprehensive motor vehicle, is likely to be resolved quicker than progressing a liability claim.

If your insurer determines Council is liable for the loss, they will initiate recovery proceedings against Council. You should discuss this directly with your insurer prior to lodging a claim with Council.

Council will not pay a policy holder’s insurance excess in the absence of finding that Council is liable.

If your loss was caused by a contractor acting on behalf of Council, Council will refer you to the contractor in writing and provide full contact details for the contractor involved in the incident. All Council contractors must hold insurance as part of their contact with Council.

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.

For Council to consider your claim, you must provide evidence substantiating your loss including evidence and information that council has breached its duty of care and is therefore liable under the  Civil Liability Act 2003 (QLD).

The Civil Liabilities Act 2003 (QLD) puts the onus on an individual to take due care and attention. In establishing liability, consideration will be given to whether your actions, or that of other parties, contributed to the injury, loss or damage.

While council may own or maintain the land or asset, it is not an automatic admission of liability. There are instances Council may not be found liable, even if it occurs on land managed or owned by Council. We want all our residents and visitors to enjoy their experiences in the Cairns region, and naturally we regret all incidents that occur. However, we can only accept claims for reimbursement where the facts from our investigation demonstrate that Council has liability.

We have an obligation to ensure ethical use of Council funds, including ratepayer contributions. As such, all claims will be comprehensively investigated before Council accepts any liability for payment.

While all liability claims will be reviewed thoroughly, the following types of claims are unlikely to be approved:

• Insufficient detail or supporting evidence has been provided (e.g. two quotes for damage repair).
• There is inadequate proof of council negligence.
• Damage to tyres and rims caused by normal wear and tear.
• Damage resulting from debris encountered during regular driving.
• Damage caused by criminal actions.
• Damage caused by storms or weather events.
• Matters already covered by a separate or private insurance claim.
• Damage caused by third parties other than the Council.
• Damage due to defects the council was unaware of, such as potholes or cracked/displaced footpaths. (Refer to the Civil Liabilities Act 2003 (QLD) above.)
• The damaged property has exceeded its natural lifespan.
• The damaged property existed prior to the purchase of the property.
• Claims are submitted more than 12 months (or after a period considered unreasonable) following the incident.

Additionally, the following repair costs will not be covered:

• Damage was caused by a council contractor.
• Damage resulting from the actions of a third party.
• Correcting previous repairs due to poor workmanship chosen by your selected repairer.
• Replacing parts that are no longer available or no longer manufactured.
• Supplying, modifying, or painting undamaged parts to create a uniform appearance.
• Repairing pre-existing damage to your vehicle, caravan, or trailer. Any settlement will be reduced by the cost to repair the pre-existing damage.
• Any reduction in the value of your vehicle, caravan, or trailer after repairs have been completed.

Council will require the following prior to accepting your request for compensation:

• Name and full contact details
• Details of the loss suffered
• Details of the alleged incident i.e. date, exact location and time of incident
• Details of whether you spoke to a Council officer at the time of the alleged incident. If so, include the details and if possible, the officers name or a Statutory Declaration from an independent third-party party witness to the incident.
• Set out the reasons why you believe Council was negligent and liable your loss - as provided for by the Civil Liability Act 2003 (QLD).
• Any photos that you may have of the location of the incident and/or damage sustained.
• Minimum of two quotes or paid tax invoices

Complete Claim:

• For all claims, complete the Liability Claims Form ( PDF, 0.21 MB ) or online form at the bottom of this page.
• For a personal injury claim also complete Form 1 Notice of Claim Personal Injury,

Once you have completed the appropriate forms and have all the above information, lodged your request for compensation via email to claims@cairns.qld.gov.au

Council will acknowledge your request for compensation within 5 working days (this may differ due to weather events and holiday closure periods).

Council endeavours to make decisions for insurance claims within 30 business days provided all mandatory information requested by Council is submitted for investigation.

If Council does not receive sufficient information, Council will request further information from you which can cause further delays the investigation and decision process.

Your request for compensation may be referred to Council’s Insurer for assessment, this can take significantly longer and it is not possible to provide a definitive timeframe for how long each of these types of claims are likely to take to be finalised.

The claimant will be informed if their claim is being referred to Council’s insurer and contact details and claim number will be provided to for enquiry purposes. In this instance a claim determination letter will be provided to the claimant by the insurer.
Council will advise you of the outcome of your claim in writing. The preferred method of notification is by email.

Council will advise you in writing if your claim has been accepted.

If your claim is accepted by Council you may need to sign a Receipt and Release, this is a legal document that means you agree you cannot make any further claims against the Council or its contractors regarding the incident relating to your claim.

Any reimbursement or compensation can take approximately 10 to 20 working days once the Receipt and Release form is completed in full, witnessed and returned to Council.

Please note that these timeframes may differ due to weather events and holiday periods.

Claimant will receive a determination letter which will clarify Councils reasoning for denial and appeal options.

If you are dissatisfied, you can appeal the decision and request and Internal Review. An internal review is a merits review of the process and outcome, not a re-investigation of the request for compensation.

To request an Appeal, you must identify and provide specific and measurable grounds or reasons for your dissatisfaction with the process and outcome. General grounds for an Appeal include a:

• Policy or procedure was not appropriately followed when making a decision, or
• Decision that was not made in accordance with relevant legislation.

For more information please visit Councils Complaints and disclosures page

You or your insurer may arrange repairs at any time. However, detailed photographs of the damage must be taken as proof of the loss and two repair quotations/tax invoices in the name of the person lodging the claim, listing details of damage and repairs must be obtained prior to the commencement of repair works.