Legislation
Before Council is obliged to pay compensation for any injury, loss or damage suffered, it must be established that this injury, loss or damage was caused as a result of Council’s negligence.
Council reserves its right to recover all or any costs that have been unnecessarily or unreasonably incurred by the Council in successfully defending insurance claims made against the Council.
The legislation that applies to Council’s responsibility for damages resulting from potholes or any other hazards on its roads is the Civil Liability Act 2002 (NSW) (the Act). The Act sets out a number of principles to be employed in determining whether is liable for injury, loss or damage suffered by road users. For example, section 45 of the Act provides non-feasance protection for roads authorities.
“A roads authority is not liable in proceedings for harm arising from a failure of the authority to carry out road work, or to consider carrying out road work, unless at the time of the alleged failure the authority had actual knowledge of the particular risk the materialisation of which resulted in the harm.”
The principles concerning Council’s management of resources and responsibilities as a Roads Authority are set out under section 42 of the Act:
“The functions required to be exercised by the authority are limited by the financial and other resources that are reasonably available to the authority for the purpose of exercising those functions.
The function required to be exercised by the authority are to be determined by reference to the broad range of its activities and not merely by reference to the matter to which the proceedings relate.
If you are insured privately for the damage or injury sustained, such as motor vehicle insurance, you may wish to report the claim to them. If covered they will settle your loss and then pursue recovery against the Council on your behalf.
Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.
Potholes
List of State Roads within the Strathfield LGA under the responsibility of TfNSW
Road Name |
Section |
Classification |
From |
To |
Juno Parade |
Roberts Road |
Punchbowl Road |
State Road |
Punchbowl Road |
Juno Parade |
Coronation Parade |
State Road |
Coronation Parade |
Punchbowl Road |
Liverpool Road |
State Road |
The Boulevarde |
Liverpool Road |
Redmyre Road |
State Road |
Redmyre Road |
The Boulevarde |
Raw Square |
State Road |
Raw Square |
Redmyre Road |
Railway Bridge (Council Boundary) |
State Road |
Parramatta Road |
Powells Creek (Council Boundary). |
Homebush Bay Drive |
State Road |
Homebush Bay Drive |
Parramatta Road |
Powells Creek (Council Boundary) |
State Road |
Centenary Drive |
Parramatta Road |
Arthur Street |
State Road |
Marlborough Road *including the on and off ramps/traffic lanes at Centenary Drive. (See Plan Below). |
Centenary Drive |
Centenary Drive |
State Road |
Centenary Drive |
Arthur Street |
Liverpool Road |
State Road |
Roberts Road |
Liverpool Road |
Juno Parade |
State Road |
Liverpool Road |
Centenary Drive |
Coronation Parade |
State Road |
Marlborough Road *including the on and off ramps/traffic lanes at Centenary Drive.
Please contact Transport for NSW via their website.
Council may not be liable for damages arising from potholes and other hazards unless Council was aware of the pothole and has been negligent in not addressing the risk within Council’s ability in terms of resources.
Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.
Trees
Before Council is obliged to pay compensation for any injury, loss or damage suffered, it must be established that this injury, loss or damage was caused as a result of Council’s negligence.
Step 1.Sewer and Storm Water Pipes
Sewer and storm water pipes are assets of the property owner and therefore the property owners responsibility to maintain.
If a blockage occurs in your private sewer or storm water pipe, you may need to engage a licensed plumber to fix the problem.
Blocked sewer lines may be caused by tree roots, inappropriate material put down the drains, sections of pipe collapsing, ground subsidence, debris or siltation.
Tree roots are not known to enter pipes which are well maintained. If tree roots have entered a pipe this is usually the result of the roots seeking water that is available because of the actual deterioration of the pipe (due to age/quality etc) or the failure of the seals joining the pipes.
Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.
Step 2.Driveways and Private Structures
Driveways and private structures are assets of the property owner and therefore the property owners responsibility to maintain and repair.
Where property owners believe that public tree roots are damaging or have the potential to cause damage to driveways and structures, the property owner should contact the Council as soon as possible to allow the Council to take appropriate action concerning the public tree.
Council recommends that you seek professional legal advice if you are unsure about whether you are able to claim for your loss or damage.
Required Form
Public-Liability-Form-1-1.pdf(PDF, 241KB)