Investigation into flood risk planning at Kensington Banks and Rivervue Retirement Village – FAQs

The Ombudsman is an independent officer of the Victorian Parliament. Our purpose is to ensure fairness for Victorians in their dealings with the Victorian public sector and to improve public administration.

We do not advocate for members of the public or for organisations. We make decisions based on evidence and operate in line with the Ombudsman Act 1973 (Vic).

The Ombudsman is investigating flood risk planning decisions relating to two developments: Kensington Banks estate in Kensington, and Rivervue Retirement Village in Avondale Heights. Our investigation will:

• consider the actions and decisions of Melbourne Water, Melbourne City Council, Moonee Valley City Council and other planning authorities in relation to flood planning for these developments
• consider whether these actions and decisions were made in line with relevant legislation, policies and procedures
• consider the impacts of flooding and flood risk on residents and property owners
• look at whether any improvements can be made to how authorities plan and model for flood risk in Victoria.

On 19 June 2024, the Legislative Council referred this matter to the Ombudsman. The Ombudsman is required to investigate any matter referred by Parliament.

By law, Ombudsman investigations are conducted in private. This means we cannot release information about the evidence gathered so far. However, we will keep key stakeholders (including people who make submissions to the investigation) updated about our progress. We expect to provide the next update by the end of 2024.

At the end of the investigation the Ombudsman will table a report in Parliament and publish it on our website. This will include details of the evidence gathered and our findings.

The Ombudsman may also make recommendations for improvements. The Ombudsman tracks the implementation of accepted recommendations to see what authorities are doing to improve their practices.

The investigation began in July 2024. We anticipate it will take at least a year to complete.

The Legislative Council requested the Ombudsman hold public hearings into this matter. However, the Ombudsman Act requires us to conduct investigations in private.

We do want to hear from you, and the submissions process is your opportunity to provide relevant information you think we should know. At the end of the investigation, our report will be made public.

The Legislative Council asked the Ombudsman to consider compensation, support and proposed solutions for residents in the affected areas, so we will be broadly looking at these issues. However, we are not able to resolve individual claims for compensation.

If you have a complaint that relates to Melbourne Water, Moonee Valley Council, Melbourne City Council or other Victorian planning authorities, you are welcome to make a separate complaint to our office.

Call our complaints team: 1800 806 314
Or make a complaint through our online portal: https://www.ombudsman.vic.gov.au/complaints/

Any person or organisation can make a submission to the investigation.

We particularly want to hear about the personal experience of current and former residents or property owners at Kensington Banks and Rivervue Retirement Village, including about:

• the information you received about flood risk when you bought or first rented your home
• communication you received from Melbourne Water about the new 2024 modelling of the Maribyrnong catchment
• the effects of the October 2022 floods
• the effects of the new 2024 modelling of the Maribyrnong catchment
• your ideas for policy changes, supports and other improvements.

We would also like to hear from organisations and specialists who have relevant information, including about:

• the development of Kensington Banks and Rivervue
• flood modelling of the Maribyrnong River catchment
• flood planning within the Victorian planning system
• the functions of floodplain management authorities in Victoria.

You can make a submission via:

• our online form
• by calling the phone line (03) 8615 1311, open Monday to Friday 9:00am to 4:00pm
• by posting a submission to Level 2, 570 Bourke Street Melbourne Vic 3000.

You can make a submission from Monday 11 November to Sunday 8 December 2024. Please note the submission phone line closes on Friday 6 December at 4:00pm.

Your submission will help us identify issues with planning for flood risk during the development of Kensington Banks and Rivervue Retirement Village. It may also help us understand how recent flood modelling decisions have affected you, and whether any improvements can be made to how flood risk is communicated to the public.

We will treat the information you provide us in line with our Privacy Policy. We will not tell Melbourne Water, the relevant Council, or anyone else that you made a submission.

If you consent to it, we may quote you in our final report without identifying you.

If you provide your contact details, we may contact you for further information about your submission. We will also provide you with an update on the progress of our investigation before the end of the year, and at other key milestones.

If you have already made a submission to another inquiry and you believe the submission is relevant to the Ombudsman’s investigation, you are welcome to provide it to us.

As part of the investigation, we will be considering publicly available submissions made to the:

• 2024 Legislative Council Environment and Planning Committee Inquiry: The 2022 flood event in Victoria.

• 2023 Maribyrnong River Flood Review established by Melbourne Water.

• Legislative Council Environment and Planning Committee Inquiry into Climate Resilience, currently underway.

• Select Committee on the Impact of Climate Risk on Insurance Premiums and Availability, currently underway.

We appreciate some people have had challenging and stressful experiences of flooding and living with flood risks. Information about available support services can be found on the Better Health website .