Notice of incident

A person who has suffered personal injury or property damage due to the condition of a road may be entitled to compensation from the responsible road authority.

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
  • provision of operational powers to achieve targets and performance standards
  • clarification of civil liability laws for the management of roads.

Your rights

Members of the public have the right to travel on roads.

VicRoads, as a responsible road authority, is not liable for loss or damage arising out of all incidents on roads. In particular, VicRoads is unlikely to be liable to pay compensation:

  • if the incident did not occur on an arterial road or freeway. VicRoads Register of Public Roads contains a list of the roads for which VicRoads is responsible
  • 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 VicRoads
  • for property damage in an amount less than the threshold amount. The threshold amount, which is valued at $1,460 for the 2019/2020 financial year, is indexed annually in accordance with the Consumer Price Index. (Note: Where VicRoads is liable to pay compensation for property damage, the payment is reduced by the threshold amount. 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)
  • if it has complied with the standards established in its Road Management Plan and other relevant Codes and policies.

A court may, in any proceeding based on a claim in relation to an incident arising out of the condition of a public road or infrastructure, take a failure to give a notice of incident into account in deciding the weight to be given to evidence about the condition of the road or infrastructure at the time of the incident.

Notice of Incident and Claim form

This Notice of Incident and Claim form must be used by a person who proposes to commence court proceedings in relation to an incident arising out of the condition of a freeway or arterial road.

If you only wish to report an incident but do not intend to make a claim for damages against VicRoads, you should contact VicRoads on 13 11 71.

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.

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