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Members of the public have the right to travel on roads.
Department of Transport and Planning (DTP) as a responsible road authority, is not liable for loss or damage arising out of all incidents on roads. In particular, DTP is unlikely to be liable to pay compensation:
- for tar damage, or for damage caused by the condition of non-road infrastructure, for example, the condition of tram tracks, electricity poles, pit lids, bus or tram shelters, or public phones, that is not the responsibility of DTP.
- if it has complied with the standards established in its Road Management Plan and other relevant Codes and policies.
- Within 14 days of receiving a Notice of Incident and Claim form, the road authority may inspect the road or infrastructure where the reported incident occurred and may prepare a Condition Report. If it does so, a copy of the Condition Report will be sent to the person who reported the incident. A copy of the report is admissible as evidence of the matters specified in the report in any legal proceedings in relation to the incident.
If you only wish to report an incident but do not intend to make a claim for damages against DTP, you should contact DTP on 13 11 70.
Please note, your claim will be assessed and responded to by the Department of Transport and Planning (DTP).
Request for Consideration of Claim
A person who has sustained an injury, loss or damage and believes it is due to the condition of a road or road related infrastructure may be entitled to compensation from the responsible road authority (RRA).
The Road Management Act 2004 (the Act) provides for an efficient and safe Victorian road network. The Act is based on the following principles:
- Clear allocation of road asset ownership and management
- Established processes and accountabilities for policy decisions and performance standards
- Provisions of operational powers to achieve targets and performance standards
- Clarification of civil liability laws for the management of roads.
Map of Declared Roads
DTP is unlikely to be liable to pay compensation if the incident did not occur on an arterial road or freeway. For example, if your incident occurred on a local residential side street, local council would be the RRA. The DTP Register of Public Roads contains the list of the roads for which DTP is responsible for.
To determine if your incident occurred on a DTP managed road, use the Interactive Map of DTP Roads(opens in a new window). You can search for your incident location to determine if the incident occurred on a DTP managed road (Arterial/Freeway).
For further details about declared roads see DTP Register of Public Roads which includes additional information about the freeways and arterial roads for which DTP has responsibilities.
Threshold for property damage
DTP as a responsible road authority, is not liable for property damage caused by the condition of a road or road infrastructure that is equal to or less than the threshold. The threshold amount, which is valued at $1640 for the 2024/2025 financial year, is indexed annually in accordance with the Consumer Price Index.
For further information about our legislative requirements see the Road Management Act 2004 - Sect 111 - Indexation provision(opens in a new window).
It should be noted, DTP has no discretion to waive the threshold provision under section 110(3) of the Act.
Further, the threshold amount does not apply to damage arising from personal injury or to any claim that may involve a contractor engaged by a road authority.
Example Case Study 1: (below threshold)
Joe Smith was driving along the Princes Freeway hitting a pothole causing damage to their tyre, rim and wheel alignment. Joe’s claim for damages totals $1490.86. Joe’s claim is below the threshold amount of $1640. This means the claim does not meet the criteria for compensation under section 110(3) of the Act.
Example Case Study 2: (above threshold)
Joe Smith was driving along the Princes Freeway hitting a pothole causing damage to their tyre, rim and suspension. Joe’s claim for damages totals $2490.86. As Joe’s claim is above the threshold of $1640, Joe’s claim would be considered. Where DTP is liable to pay compensation for property damage, the payment is reduced by the threshold amount.
Example Calculation
Claimed amount - Threshold - Compensation amount
$2490.86 - $1640.00 = $850.86
Based on the above example, Joe may be entitled to receive $910.86 after DTP deducts the threshold amount.
Insurance
DTP is unable to provide compensation where a claimant has already received, or stands to receive, an insurance pay out relating to the incident. This is to ensure there is no 'unjust enrichment' of a claimant and there is no inappropriate expenditure of public monies. This approach is consistent with that of insurers regarding duplicate insurance claims.
However, where a claimant has out of pocket expenses such as the excess, if that excess amount is greater than the threshold of $1640, claimants may still be able to claim compensation.
For further information about ‘Threshold for property damage’ refer above.
Lodging a Notice of Incident and Claim
To lodge a Notice of Incident and Claim, please complete the form listed below and return it with your supporting evidence to:
Customer Resolutions Roads
GPO Box 2392
Melbourne, VIC 3001 Australia
The information on this page is not a substitute for legal advice.
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