Make a claim

You can make a claim if you believe Randwick City Council was negligent and this caused your injury, loss, or property damage.

Council’s Claim Management Process

Please be advised that Council responds to all claims on a case-by-case basis and uses a systematic process of review and assessment on each to ensure a fair and equitable outcome.

We understand the ‘Make a Claim’ form requests detailed information relating to the claim including costs, location and photos associated with your loss and/or damages. Please note however, that providing these details does not mean that Council will pay for your claim but rather to enable Council to have the relevant information to commence its detailed claims review and assessment process.

Please note that in certain instances, weather conditions can cause unforeseen damages to Council’s assets, especially the road networks. If your claim is caused by an unfortunate event that is beyond anyone’s control such as potholes, trees etc and has not been caused through any negligence by Council in the maintenance of its assets, it is highly unlikely that your claim will be accepted.

When dealing with claims, Council has certain protections from liability under the NSW Civil Liability Act 2002. Accordingly, Council may not be liable for damages arising from potholes and other hazards unless council was aware of the risk and acted negligently by not addressing the issue.

Quick Actions

  • Submit a Claim to Council using the online form and attach your evidence.
  • Claim via Your Insurer – Your insurer may seek recovery from Council if they consider Council liable (your excess may be waived if recovery succeeds)

Before You Start

  • Prove negligence: You must show Council failed to take reasonable care and this directly caused your loss. Council’s investigation does not mean we accept liability.
  • Get evidence early: Household bin collections (red, yellow, and green lids) are managed by Cleanaway on Council’s behalf. If you lodge a claim with Council, we may request information or CCTV footage from Cleanaway as part of our investigation.
  • Don’t alter public trees: It is an offence to prune, remove, or damage a tree on public land.

Decide Who’s Responsible

Use this quick guide to contact the right party first:

  • Household bin collections: (red, yellow, and green lids) are managed by Cleanaway on Council’s behalf. If you lodge a claim with Council, we may request information or CCTV footage from Cleanaway as part of our investigation.
  • State roads: Contact Transport for NSW for state‑managed roads.
  • Local roads, Council trees, public spaces: Contact Council.

What Evidence to Prepare

Depending on your situation, prepare the following:

  • All claims: Photos/video of the incident, damage, and location; simple diagram showing where it happened; quotes/invoices (if available).
  • Tree‑related claims (including structural damage to homes, walls, footings):
    Photos of the tree and the damage. Do not cut roots without Council permission. If excavation is required to expose roots, note that all excavations must be by hand.
  • Sewer/stormwater issues on private land:
    Licensed plumber’s report detailing pipe type/age/condition, contributing factors, repair options, and quote.
    Note: Maintaining and replacing private sewer/stormwater pipes (including clearing chokes) is the landowner’s responsibility, however, Council may offer two free sewer chokes per year. More information: Sewerage Stormwater Drain Blockage Policy
  • Structural damage (homes, walls, footings):
    Provide clear photos showing the damage and area of concern. Council does not investigate on private land. Contact Council first; we’ll advise if a formal professional report is required before you proceed.
  • Personal injury claims: detailed description of incident including date, time and specific location, photos and/or video of location of injury and the injury itself. You can include medical evidence in your claim also i.e GP or hospital summaries. You can also include witness statements and contact details if applicable.
  • Driveway crossovers on public land: Do not start any work until Council approval is issued under s.138 of the Roads Act 1993. You may need to remove part or all of the crossover for inspection. You must provide at least one week’s notice to Council’s Tree Management Services before any approved work or inspection begins

Claims Process

Check who to contact

  • Transport for NSW for state roads.
  • Council for local roads, public spaces, and Council trees.

Collect your evidence

  • All claims: Photos/video of damage and location, simple diagram, quotes/invoices (if available).
  • Tree related (incl. structural): Photos of the tree and damage. Don’t cut roots without permission; any excavation must be by hand.
  • Sewer/stormwater (private land): Licensed plumber’s report (pipe type/age/condition, contributing factors, repair options, and quote).
  • Structural damage (buildings/walls/footings): Clear photos. Contact Council first; we’ll confirm if a professional report is needed

Report urgent hazards (if any)

For immediate dangers (e.g., major pothole, fallen tree), report to Council first, then proceed with your claim

Choose how to claim

  • Through your insurer (often faster; they may recover from Council if we are found to be legally liable; your excess may be waived if they recover).
  • Direct to Council (complete the Claim for Compensation form and attach all evidence).

Council investigates

We consider the facts and the evidence to decide if Council is legally liable (negligence). Processing time depends on how quickly full information is supplied.

Outcome

We’ll notify you in writing with the decision. Submitting the form is not an admission of liability by Council.

What We Consider (Liability)

  • Whether a defect/hazard existed and directly caused your loss.
  • Whether Council took reasonable steps to inspect/maintain assets (our legal duty).
  • Whether other parties (e.g., utilities, contractors, private owners) are responsible.

Tree‑Related Claims

  • Evidence: Photos of the tree and the damage. Do not cut roots without Council permission. If excavation is required to expose roots, all excavations must be by hand.
  • Legal note: Do not prune/remove public trees or cut roots. It’s an offence under the Local Government Act 1993 to damage trees on public land.

Sewer & Stormwater

  • Evidence: Licensed plumber’s report covering pipe type/age/condition, contributing factors, repair options, and quote.
  • Responsibility: Private pipes are the landowner’s responsibility; Council may offer two free sewer chokes per year - see the Sewerage Stormwater Drain Blockage Policy

Structural Damage (Buildings/Walls/Footings)

  • Evidence: Clear photos of the damage and area of concern. Council does not investigate on private land. Contact Council first; we’ll advise if a formal professional report (e.g., from an engineer/arborist) is required.

Roads & Potholes

  • Council maintains local roads; many major roads are managed by Transport for NSW.
  • Claims are assessed under negligence principles in the Civil Liability Act 2002 (NSW).
  • Council identifies potholes through a mix of community feedback, inspections and proactive patrols. I encourage you to help us keep the roads in good condition by reporting potholes you see via our “report a problem” page.

Garbage Trucks

  • Household bins: Cleanaway manages these collections and is responsible for their drivers/vehicles.
  • Public domain (parks, beaches, business centres): Council trucks. Claims are assessed under the Road Transport Act 2013 and NSW Road Rules 2014 framework and managed by our motor vehicle insurers Zurich.

Personal Injury

  • Evidence: detailed description of the incident (date, time, and exact location); photos or video of the area and the injury; medical documents (GP or hospital summaries); and witness details if available. Personal injury claims must also demonstrate Council was negligent and that this negligence directly caused your injury.

Submit a Claim

  • Option A: Through Your Insurer
    Contact your insurer and provide your evidence. They may seek recovery from Council if they consider Council liable; excess may be waived if recovery is successful.
  • Option B: Direct to Council
    Complete the Claim for Compensation form and attach all supporting documents (photos, reports, plans, quotes, footage where relevant). We will investigate and respond as soon as possible once all information is received.

Note: Completing the form does not mean Council accepts liability or waives any rights

Contact

  • Tree Management Services (for inspections/notice): Provide at least one week’s notice before any approved works or inspections. Phone (02) 9093 6000
  • Transport NSW (for state roads): Lodge a public liability claim with Transport for NSW | Service NSW
  • Dial Before You Dig: Phone 1100 (free) to locate underground utilities before any hand excavation. This is essential for safely exposing roots during tree‑related inspections.

FAQ Section

Do I automatically get compensation if I had damage or an injury?

No. You must show Council was negligent and that this caused your loss. Council will investigate your evidence to decide liability.

Should I claim through my insurer or Council?

If it’s property or vehicle damage, it’s often faster to go through your insurer. They may seek to recover costs from Council if they consider Council liable (which may mean your excess is waived). You can also submit a claim directly to Council for personal injury or property/vehicle damage.

What evidence should I include?

  • All claims: Photos/video of damage and location; simple diagram; quotes/invoices (if available).
  • Tree‑related (incl. structural): Photos of the tree and damage. Don’t cut roots without permission; any excavation must be by hand.
  • Sewer/stormwater (private land): Licensed plumber’s report detailing pipe type/age/condition, contributing factors, repair options, and quote.
  • Structural damage (buildings/walls/footings): Clear photos. Contact Council first; we’ll confirm if a professional report is needed.
  • Personal injury claims: detailed description of the incident (date, time, and exact location); photos or video of the area and the injury; medical documents (GP or hospital summaries); and witness details if available. Personal injury claims must also demonstrate Council was negligent and that this negligence directly caused your injury.

Can I prune or remove a public tree if I think it caused damage?

No. It’s an offence to damage or remove a public tree. Do not cut roots. Contact Council for guidance.

Will Council investigate issues on my private property?

No. You must arrange investigations on private land. Contact Council first to check if a professional report is required.

Who looks after sewer and stormwater pipes?

Pipes on private land are the landowner’s responsibility, including maintenance and replacement up to the mains connection. Council may offer two free sewer chokes per year - see our Sewerage Stormwater Drain Blockage Policy.

What about potholes and state roads?

For state roads (managed by Transport for NSW), use Service NSW to lodge a public liability claim with Transport for NSW: For local roads, contact Council.

Garbage truck damage - who manages the claim?

  • Household bin collections: Cleanaway.
  • Public spaces (parks, beaches, business centres): Council trucks; these claims are managed by Zurich (Council’s motor vehicle insurers).

How long will my claim take?

Time varies based on complexity and how quickly you provide full evidence. We’ll assess your claim once all documents are received.

Does submitting a claim form mean Council accepts liability?

No. Accepting a form is not an admission of liability or a waiver of Council’s rights.

Last Updated: 29 July 2026
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