Inquiry Search
Rec-ID | Code | Recommendation |
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REC324-4294 | 34 - Local knowledge | Environment: That, to maximise protection for the environment in and around floodplains, Government, working with local communities especially Indigenous communities, the NSWRA, other agencies and local councils ensure Indigenous voices are well heard in land use planning and natural resource management by: |
REC324-4306 | 6 - Insurance and legal liability | NSW Reconstruction Authority: That, to provide rapid and effective recovery from floods (and other disasters) and to provide maximum mitigation of the impacts of future floods (and other disasters), Government establish a permanent state-wide agency, the NSW Reconstruction Authority (NSWRA) dedicated to disaster recovery, reconstruction and preparedness. The NSWRA should: |
Rec-ID | Code | Recommendation |
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REC323-4264 | 34 - Local knowledge | That the NSW Government work in partnership with key Aboriginal stakeholders, including the Jali Local Aboriginal Land Council, to prioritise the rebuild of Cabbage Tree Island, and ensure a safe and resourced evacuation plan is in place. |
REC323-4265 | 34 - Local knowledge | That the NSW Government work with First Nations peoples to support Aboriginal organisations in their capacity to operate and respond in times of natural disasters. |
REC323-4275 | 34 - Local knowledge | That the NSW Government, in partnership with community groups, including First Nations groups, develop initiatives to build community resilience, particularly in regions at high risk of future natural disaster events. |
REC323-4276 | 34 - Local knowledge | That the NSW Government ensure that community groups, both existing and emerging, including First Nations groups, are well integrated into disaster recovery, by incorporating them into state recovery plans and engaging with them in between and in the lead up to natural disasters. |
REC323-4287 | 34 - Local knowledge | That the NSW State Emergency Service, in partnership with the Bureau of Meteorology, investigate ways in which local communities and local media with local knowledge can play a stronger role in flood predictions and warnings. |
Rec-ID | Code | Recommendation |
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REC322-4227 | 34 - Local knowledge | The Inspector-General Emergency Management recommends the membership of the K’gari Locality Specific Fire Management Group be expanded to include representatives of the Butchulla people, community associations from each township and tourism and business operators with interests on the island. |
REC322-4230 | 34 - Local knowledge | The Inspector-General Emergency Management recommends Queensland Fire and Emergency Services engages with land managers and other stakeholders on K’gari to source data to inform Predictive Services products. |
REC322-4250 | 34 - Local knowledge | The Inspector-General Emergency Management recommends the Locality Specific Fire Management Group for K’gari meet at least twice per year, in person or virtually. |
Rec-ID | Code | Recommendation |
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REC321-4212 | 34 - Local knowledge | We recommend that DELWP increases its collaboration with Victorian Traditional Owner groups to facilitate the reintroduction of cultural burning and ensure effective support for these practices across all of its regions. |
Rec-ID | Code | Recommendation |
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REC319-4186 | 34 - Local knowledge | Supporting local recovery: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department work with councils and communities before, during and after emergencies to strengthen: |
Rec-ID | Code | Recommendation |
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REC317-4066 | 2 - Emergency powers | The Australian Government should make provision, in legislation, for a declaration of a state of national emergency. The declaration should include the following components: |
REC317-4124 | 6 - Insurance and legal liability | In reviewing the Disaster Recovery Funding Arrangements, Australian, state and territory governments should examine the small disaster criterion, and financial thresholds generally. |
REC317-4113 | 6 - Insurance and legal liability | The insurance industry, as represented by the Insurance Council of Australia, working with state and territory governments and other relevant stakeholders, should produce and communicate to consumers clear guidance on individual-level natural hazard risk mitigation actions insurers will recognise in setting insurance premiums. |
REC317-4075 | 6 - Insurance and legal liability | The Australian Government should afford appropriate legal protections from civil and criminal liability to Australian Defence Force members when conducting activities under an authorisation to prepare for, respond to and recover from natural disasters. |
Rec-ID | Code | Recommendation |
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REC314-3264 | 6 - Insurance and legal liability | Consider removing stamp duty from home insurance to encourage a wider section of the community to take out insurance. South Australian government agencies should share their risk modelling data with the Insurance Council of Australia. |
Rec-ID | Code | Recommendation |
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REC308-2463 | 6 - Insurance and legal liability | Principles, applicable to all tourist budgets, covering liabilities for costs and shelter in the event of evacuation should be developed and promulgated as part of tourism marketing. |
Rec-ID | Code | Recommendation |
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REC299-1338 | 19 - Offences | The Government introduce an amendment to the Country Fire Authority Act 1958 or other instruments which imposes significant penalties and strengthens enforcement, including via infringement notices, for offences against Total Fire Ban requirements before the 2017‑2018 fire season. |
REC299-1337 | 19 - Offences | The Government should: |
REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
Rec-ID | Code | Recommendation |
---|---|---|
REC290-1213 | 34 - Local knowledge | Structures to incorporate local knowledge and situational awareness into the fire response |
Rec-ID | Code | Recommendation |
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REC280-1402 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
REC280-1401 | 6 - Insurance and legal liability | That the NSW Government take all reasonable steps to expedite the process of establishing any legal liability for the losses incurred by property owners as a result of the Wambelong fire, and in the event that it is found liable, expedite the process of paying compensation claims. |
REC280-1400 | 6 - Insurance and legal liability | That the Office of State Revenue investigate mechanisms to enhance the affordability of insurance for properties and assets in fire affected areas. |
Rec-ID | Code | Recommendation |
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REC271-1525 | 6 - Insurance and legal liability | The Department of Energy and Water Supply, in conjunction with SunWater, seek clarification of the dam owners’ legal obligation to comply with Emergency Action Plans and, if required, investigate how a more flexible approach may be adopted. |
Rec-ID | Code | Recommendation |
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REC261-1519 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
REC261-1518 | 6 - Insurance and legal liability | That the NSW Government take all reasonable steps to expedite the process of establishing any legal liability for the losses incurred by property owners as a result of the Wambelong fire, and in the event that it is found liable, expedite the process of paying compensation claims. |
REC261-1517 | 6 - Insurance and legal liability | That the Office of State Revenue investigate mechanisms to enhance the affordability of insurance for properties and assets in fire affected areas. |
REC261-1509 | 34 - Local knowledge | That the NSW Rural Fire Service, in order to ensure greater respect for volunteer fire fighters’ knowledge and experience in the management of fires: |
Rec-ID | Code | Recommendation |
---|---|---|
REC260-1055 | 34 - Local knowledge | That the Rural Fire Service together with other land managers develop a program whereby local stakeholders come together regularly (every 2 months during non-fire season and monthly during the fire season) to share intelligence and to consider hazard and incident management measures for implementation. |
REC260-1054 | 2 - Emergency powers | That the Rural Fire Service consider extending pre-emptive section 44 to whole of Castlereagh RFS/Warrumbungle Shire area. |
Rec-ID | Code | Recommendation |
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REC259-1047 | 6 - Insurance and legal liability | That the insurance industry be asked to include in its “Code of Practice” the need to consult policy holders in bushfire prone areas on the issue of Bushfire Attack Level (BAL). This will ensure, to some extent, that policy holders insure their properties to a level commensurate with building costs under a variety of building standards and requirements.(For checking with RFS). |
Rec-ID | Code | Recommendation |
---|---|---|
REC247-0856 | 2 - Emergency powers | That the Government reconsider the current position on emergency declarations in the Emergency Management Act 2006 and the Act is amended to provide: • a graduated scale of emergency declarations; • the ability to make a declaration when an emergency has occurred, is occurring or is about to occur; • the ability for the State Controller (or whatever the person in overall control of response and recovery operations is called) to make one or more declarations; • a declaration to enable access to all emergency powers. |
REC247-0895 | 6 - Insurance and legal liability | That action be taken as a priority to resolve any legal issues on mutual assistance arrangement for fire services. |
REC247-0937 | 19 - Offences | That the legislation and enforcement arrangements are reviewed to ensure there are suitable offences and penalties, investigation and enforcement capabilities, and a rigorous approach is taken to breaches of the law. |
REC247-0875 | 34 - Local knowledge | That Tasmania Fire Service reviews its integration of rural local knowledge and volunteer brigades into fire operations, develops and maintains appropriate strategies, and aims to be a best-practice fire service in this regard. |
REC247-0865 | 34 - Local knowledge | That Tasmania Fire Service reviews its position on using local experienced officers on the fire ground in the command model in a structured and systemic way. |
REC247-0863 | 34 - Local knowledge | That Tasmania Fire Service considers measures to bring local knowledge into Incident Management Team operations. |
REC247-0857 | 2 - Emergency powers | That the Tasmania Emergency Management Plan enable, and all organisations with a role in emergency management activate, emergency plans at lower threshold events to practice their arrangements and achieve a ‘hot start’ in escalating events. |
Rec-ID | Code | Recommendation |
---|---|---|
REC246-0789 | 6 - Insurance and legal liability | TFS seek legal opinion on the Bushfire CRC Research Report on legal liability implications of the Prepare, Stay and Defend or Leave Early policy to confirm the advice, consider the implications and implement those that are appropriate. |
Rec-ID | Code | Recommendation |
---|---|---|
REC241-1016 | 6 - Insurance and legal liability | That a volunteer shall not be liable for any act or omission made in good faith provided it is not proven to be reckless, negligent or malicious. This protection is to be afforded in both Criminal and Common law. |
Rec-ID | Code | Recommendation |
---|---|---|
REC226-0561 | 34 - Local knowledge | Suitably experienced local representatives should be engaged to provide advice to the IMT in all Level 2 and Level 3 incidents at the earliest opportunity. |
Rec-ID | Code | Recommendation |
---|---|---|
REC225-0535 | 2 - Emergency powers | DFES or DEC (depending on land tenure) is mandated to take over control of emergency incidents from Local Government once they have been declared Level 2 incidents. WESTPLAN BUSHFIRE and legislation to be amended accordingly. |
Rec-ID | Code | Recommendation |
---|---|---|
REC224-1632 | 6 - Insurance and legal liability | The State Government prepare a consistent policy on how to assist or compensate the victims of future major natural disasters, such as bushfires, in an equitable fashion. |
REC224-1633 | 6 - Insurance and legal liability | The Treasurer undertake a review by the next bushfire season of the ability of RiskCover to efficiently undertake loss assessing and compensation activities for victims of major natural disasters, such as a bushfire, in an empathic and timely fashion. |
Rec-ID | Code | Recommendation |
---|---|---|
REC223-0519 | 34 - Local knowledge | The Department of Environment and Conservation review its practices and procedures in the undertaking of prescribed burns so as to fully utilise the skills available to it in a seamless way including but not limited to: · volunteer bushfire brigades, especially in regard to use as a source of local advice; and · staff of the Fire and Emergency Services Authority of Western Australia. |
Rec-ID | Code | Recommendation |
---|---|---|
REC217-1844 | 34 - Local knowledge | Public authorities such as councils and CMAs should continue to seek local knowledge in relation to flood management issues. In particular, councils will collaborate with VICSES and other key stakeholders in reviewing the system of flood wardens. Roles and responsibilities of flood wardens, and the process for their recruitment, should be formalised and clearly articulated in relevant flood management plans. |
REC217-1841 | 34 - Local knowledge | The state government establish a well coordinated and formalised system for the reading of river gauges by local people, including flood wardens. Furthermore, the knowledge of local people in predicting flood heights and impacts should be considered by emergency management agencies when predicting floods. |
REC217-1833 | 34 - Local knowledge | Local knowledge on the management and ongoing maintenance of waterways, including vegetation clearing and debris removal, needs to be incorporated in the development of regional flood mitigation strategies and local flood plans. Specifically: |
Rec-ID | Code | Recommendation |
---|---|---|
REC210-0699 | 6 - Insurance and legal liability | When a policy-holder makes a claim, the insurer should ascertain the policy-holder’s preferred method of contact and ensure that it is used (with other modes of communication if necessary) to keep the policyholder informed about the progress of the claim. However, important decisions regarding the claim – for example, determinations about the outcome of the claim and settlement sums – should always be confirmed in writing. |
REC210-0702 | 6 - Insurance and legal liability | The Insurance Council of Australia should consider an amendment to Part 3 of the code which requires insurers to notify policy-holders of the information on which they relied in assessing claims. |
REC210-0686 | 6 - Insurance and legal liability | SunWater and the Central Highlands Regional Council should determine the issues of ownership and responsibility for maintenance of the LN1 drain system in Emerald. |
REC210-0701 | 6 - Insurance and legal liability | Letters notifying policy-holders that their claims have been denied should, at a minimum, state the information upon which the insurer has relied in making the decision. These letters should also advise policy-holders that copies of the information will be made available upon request (in accordance with clause 3.4.3 of the General Insurance Code of Practice) and indicate how policy-holders can make a request. |
REC210-0761 | 2 - Emergency powers | The Queensland Government should consider whether to empower Seqwater, through the flood operations centre, to direct CS Energy to stop or delay releases from Splityard Creek Dam where a flood event is declared under the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam. |
REC210-0700 | 6 - Insurance and legal liability | Insurers should review their existing systems and processes and implement any improvements necessary to ensure that accurate and complete records of conversations with policy-holders are made. |
REC210-0754 | 2 - Emergency powers | As part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam the Queensland Government should consider whether the dam operators should be able to extend the drawdown of the lake beyond seven days in order to reduce downstream bank slumping |
REC210-0747 | 6 - Insurance and legal liability | Seqwater should ensure a legal review of the Wivenhoe manual and the North Pine manual is completed before the manual is submitted for approval. |
REC210-0727 | 2 - Emergency powers | The Disaster Management Act 2003 should be amended to give the chief executive of the department administering the Act (or his or her delegate) the authority to appoint an officer of Emergency Management Queensland to direct SES operations in extraordinary circumstances |
REC210-0735 | 6 - Insurance and legal liability | The Crime and Misconduct Commission should investigate whether the conduct of Mr Tibaldi, Mr Ayre and Mr Malone relating to: • preparation of documents surrounding the January 2011 flood event, including the 17 January 2011 brief to the Minister, the 2 March 2011 flood event report, and statements provided to the Commission • oral testimony given to the Commission evidences offence/s against the Criminal Code, and/or official misconduct under the Crime and Misconduct Act 2001 committed by any, or all, of them. |
REC210-0681 | 19 - Offences | Councils and distributor-retailers should agree to protocols for the exchange of information about suspected illegal connections, the steps being taken to investigate them or the basis for concluding that no investigation is required, and the results of any investigations or enforcement actions. |
REC210-0703 | 6 - Insurance and legal liability | The Insurance Council of Australia should amend clause 3.4.3 of the General Insurance Code of Practice so that it requires insurers to inform policy-holders of their right to request a review of an insurer’s decision to refuse to provide access to information on which it relied in assessing claims. |
Rec-ID | Code | Recommendation |
---|---|---|
REC209-1639 | 40 - Equipment and consumables | An equipment replacement schedule for all Bushfires NT equipment be developed. |
REC209-1638 | 40 - Equipment and consumables | The Assets and Equipment Register be reviewed prior to each fire season. |
REC209-1637 | 40 - Equipment and consumables | Implement maintenance schedules for all common assets and shared equipment. |
REC209-1636 | 40 - Equipment and consumables | Update the Asset and Equipment Register for all assets and equipment. |
REC209-1635 | 40 - Equipment and consumables | Conduct a stocktake of all assets and equipment in all regions for Bushfires NT and Volunteer Brigades. |
REC209-1676 | 19 - Offences | Increase the emphasis on the issuing of infringement notices to reinforce the responsibilities of landholder’s in the management of bushfires in the Territory. |
REC209-1640 | 40 - Equipment and consumables | Conduct a stocktake of all PPE and implement a top up program to bring all PPE to a fully operational standard. |
Rec-ID | Code | Recommendation |
---|---|---|
REC203-0293 | 34 - Local knowledge | Suitably experienced personnel with local knowledge should be connected to the Operations and Planning section in all Level 3 incidents in the vicinity of substantial settlements. |
Rec-ID | Code | Recommendation |
---|---|---|
REC202-0501 | 2 - Emergency powers | The Minister for Emergency Services amend section 50 of the Emergency Management Act 2005 by June 2012 to allow the State Emergency Coordinator, as well as a hazard management agency, to make an emergency situation declaration. |
Rec-ID | Code | Recommendation |
---|---|---|
REC200-0381 | 2 - Emergency powers | The State Government amend section 50 of the Emergency Management Act 2005 to allow the Chair of the State Emergency Coordination Group to declare an emergency situation. |
REC200-1724 | 6 - Insurance and legal liability | Emergency Management Western Australia develop mechanisms to calculate the estimated total cost of a fire to the community. |
Rec-ID | Code | Recommendation |
---|---|---|
REC199-0492 | 34 - Local knowledge | the state comprehensively pursue the objective of achieving (where possible) the priority outcomes of the National Strategy for Disaster Resilience and the imperative of shared responsibility, in particular by: • requiring that local knowledge is considered as a critical component of all phases of emergency management • involving local communities in the development and ownership of community resilience plans based on an ‘all hazards’ approach and tailored for the specific needs of each community • encouraging local communities to form resilience committees to develop and administer community resilience plans • nominating Victoria Police as the lead agency in initiating the strategy to develop community resilience committees; and • requiring emergency service agencies to consult and engage with local community resilience committees in the preparation, planning, response and recovery phases of emergency management. |
REC199-0421 | 34 - Local knowledge | the state take the necessary measures to require that local knowledge is considered in flood risk planning, including verification of flood maps and flood response plans. |
REC199-0476 | 6 - Insurance and legal liability | the Department of Planning and Community Development examine strategies to address and clarify insurance coverage of community volunteers in emergency events |
REC199-0444 | 2 - Emergency powers | the state, as a matter of urgency, develop a multi-agency Incident Control Team capability to be readily available for statewide deployment to establish incident control or to relieve functioning control structures. |
REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
Rec-ID | Code | Recommendation |
---|---|---|
REC196-0238 | 34 - Local knowledge | Encourage ICCs to use local knowledge to review templates prior to release. |
REC196-0234 | 34 - Local knowledge | Ensure that local knowledge, local flavour and local language is used where possible in the development of all community bushfire warnings. |
Rec-ID | Code | Recommendation |
---|---|---|
REC191-0261 | 6 - Insurance and legal liability | that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members. |
REC191-0268 | 6 - Insurance and legal liability | that the QFRS investigate the possibility of insurance recovery when involved in vehicle retrieval activities at accident sites. |
Rec-ID | Code | Recommendation |
---|---|---|
REC187-2930 | 6 - Insurance and legal liability | That flood premium discounts be provided, in the same manner as for homes, to the bodies corporate of eligible properties, and on the same basis as for detached homes. |
REC187-2947 | 6 - Insurance and legal liability | That the Agency charge insurers a small administrative fee for each policy ceded to the reinsurance facility. |
REC187-2963 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice to require that: |
REC187-2919 | 6 - Insurance and legal liability | That all home insurance, home contents and home unit insurance policies include flood cover. |
REC187-2935 | 6 - Insurance and legal liability | That flood premium discounts not be provided to small businesses and that the reinsurance facility not offer reinsurance for small businesses. |
REC187-2952 | 6 - Insurance and legal liability | That lending institutions remind mortgagors annually of their obligations to hold home insurance and of the risks of under-insurance in order to minimise non-insurance and under-insurance of homes. |
REC187-2968 | 6 - Insurance and legal liability | That the Government give priority to introducing legislation necessary to ensure that all home, contents and home unit insurance policies include flood cover and to establish a new national agency for flood risk management and flood reinsurance purposes. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
REC187-2940 | 6 - Insurance and legal liability | That for home contents insurance policies, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $100,000. For contents with a value greater than $100,000 policyholders then pay the full cost of the portion of risk exceeding $100,000. |
REC187-2957 | 6 - Insurance and legal liability | That the Commonwealth Government introduce a standard definition of flood in the form proposed in the ‘Reforming flood insurance: Clearing the waters’ consultation paper. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
REC187-2945 | 6 - Insurance and legal liability | That to facilitate flood risk information being made publicly available, Commonwealth, State and Territory governments grant indemnities to the providers of flood risk information if the information is obtained and provided in good faith and in the absence of any gross negligence. |
REC187-2962 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend clause 4.5 of the General Insurance Code of Practice to extend the time within which claimants in natural disasters have the right to make further claims or lodge reviews after the finalisation of an initial claim to seven months from the date of the relevant natural disaster, regardless of when the initial claim was finalised. |
REC187-2934 | 6 - Insurance and legal liability | That all insurers offering small business insurance be obliged to include flood cover on an opt-out basis, instead of an opt-in/opt-out basis as at present, in all of their small business package policies. |
REC187-2951 | 6 - Insurance and legal liability | That access to insurance be enhanced through the development of alternative payment options, in particular: |
REC187-2967 | 6 - Insurance and legal liability | That the current formula for the cost of rebuilding of State and Territory assets under the Natural Disaster Relief and Recovery Arrangements be changed to expenditure before any insurance recoveries by the State or Territory rather than net of any insurance recoveries. |
REC187-2923 | 6 - Insurance and legal liability | That home building and home contents insurance should not be made compulsory. |
REC187-2939 | 6 - Insurance and legal liability | That for body corporate insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000 times the number of units. For properties with a value greater than $500,000 times the number of units policyholders then pay the full cost of the portion of risk exceeding $500,000 times the number of units. |
REC187-2956 | 6 - Insurance and legal liability | That a ‘health warning’ be provided by insurers to the purchasers of home and contents policies that do not include full flood cover or full replacement cover. The health warning should be provided: |
REC187-2928 | 6 - Insurance and legal liability | That there be limitations on the size of the discount available to high-value homes. |
REC187-2944 | 6 - Insurance and legal liability | That the Commonwealth seek reimbursement of some portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2961 | 6 - Insurance and legal liability | That the Insurance Council of Australia repeal clauses 4.3 and 4.4 of the General Insurance Code of Practice, so that claims arising from natural disasters are subject to the same minimum standards as other claims — including the four month time limit for a determination on liability and the nature of the loss/damage with respect to the claim. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2950 | 6 - Insurance and legal liability | That the Commonwealth engage with the insurance industry and the States and Territories in planning for the future coordination of charitable and government payments to individuals to assist with recovery after future natural disasters. |
REC187-2966 | 6 - Insurance and legal liability | That the Commonwealth and State governments provide funding for legal advice and assistance with insurance disputes following natural disasters. |
REC187-2922 | 6 - Insurance and legal liability | That all home building insurance policies include flood cover. |
REC187-2938 | 6 - Insurance and legal liability | That for home building insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000. For properties with a value greater than $500,000 policyholders then pay the full cost of the portion of risk exceeding $500,000. |
REC187-2955 | 6 - Insurance and legal liability | That, in endorsing the Government proposal for a Key Facts Statement, the Key Facts Statement list replacement cover and all natural disaster events, identified as ‘standard cover’ in the Insurance Contracts Regulations 1985. That insurers issue a Key Facts Statement to policy holders with all new policies written and all policy renewals on an annual basis. |
REC187-2927 | 6 - Insurance and legal liability | The levels of the discounts and the phasing out periods be reviewed from time to time. |
REC187-2943 | 6 - Insurance and legal liability | That the Commonwealth Government guarantee payment of claims from the reinsurance pool by ensuring that, whenever a funding shortfall occurs in the pool through claims exceeding the funds held in the pool, the Commonwealth would meet the shortfall. |
REC187-2960 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the Code of Practice to impose a four month time limit (subject to exceptional circumstances) to make a determination as to liability and the nature of the loss or damage with respect to a claim. That, should a claimant not receive a determination within the four month period, the claim be automatically escalated to an internal dispute resolution complaint and the insurer notify the Code Compliance Committee of the breach of the Code. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
REC187-2949 | 6 - Insurance and legal liability | That all home, contents and home unit insurance policies cover the policyholder for storm surge, tsunami and landslide, where the storm surge, tsunami or landslide is the result of another event that is covered under the policy and regardless of whether the insured property directly suffers damage from the underlying insured event. |
REC187-2965 | 6 - Insurance and legal liability | That ASIC conduct a review of the General Insurance Code of Practice three years after the amendments recommended to the Code in this Review are implemented, in order to assess the effectiveness of the Code with a view to determining whether an ASIC Regulatory Guide for claims handling should then be introduced. |
REC187-2921 | 6 - Insurance and legal liability | The Commonwealth Government guarantee the payment of claims by ensuring that, whenever a funding shortfall occurs in the reinsurance facility through claims exceeding the funds held in the facility, the Commonwealth would meet the shortfall and the Commonwealth would seek reimbursement of a portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2937 | 6 - Insurance and legal liability | That flood premium discounts be delivered through a model that requires insurers to retain and price a portion of the risk with the remainder to be ceded to the reinsurance facility at a discounted reinsurance premium. |
REC187-2954 | 6 - Insurance and legal liability | That subsection 35(2) of the Insurance Contracts Act 1984 be amended so that policyholders are not deemed to be clearly informed of a deviation from ‘standard cover’ by simply being provided a copy of the insurance policy or product disclosure statement. |
REC187-2926 | 6 - Insurance and legal liability | That flood premium discounts be provided for home building insurance for eligible homes: |
REC187-2942 | 6 - Insurance and legal liability | That a flood risk reinsurance facility, or reinsurance pool, be established which would have two primary functions: |
REC187-2959 | 6 - Insurance and legal liability | That every APRA-authorised general insurer adopt and comply with the General Insurance Code of Practice. |
REC187-2931 | 6 - Insurance and legal liability | That the definition of a home for the purposes of flood cover and flood premium discounts be any building for which a homeowner purchases a home insurance policy. |
REC187-2948 | 6 - Insurance and legal liability | That: |
REC187-2964 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice such that the General Insurance Code Compliance Committee: |
REC187-2920 | 6 - Insurance and legal liability | That a system of premium discounts be introduced in order that most purchasers of home insurance, home contents and home unit insurance policies in areas subject to flood risk be eligible for discounts against the full cost of flood insurance. |
REC187-2936 | 6 - Insurance and legal liability | That the questions of flood cover as standard in small business policies and access to discounted premiums for small business policyholders should be revisited once the recommended arrangements for homes, home units and home contents are in place. |
REC187-2953 | 6 - Insurance and legal liability | That all home building insurance policies providing sum insured cover be modified by the end of 2014 so as to include replacement value cover in the event of total loss of the home. That during the transition period insurers consider how the design features of home building replacement value policies should respond following a natural disaster, including the conditions under which cash settlements are to be offered and finalised. |
REC187-2925 | 6 - Insurance and legal liability | That the following five principles underpin the design of a system of premium discounts: |
REC187-2941 | 6 - Insurance and legal liability | That homes at high and extreme risk of flood be provided with discounts initially and that they be assessed regularly for mitigation work already undertaken and the potential for further mitigation. |
REC187-2958 | 6 - Insurance and legal liability | That, in order to give general insurance policyholders the same legal remedies as other consumers, unfair contract terms laws be applied to general insurance. |
Rec-ID | Code | Recommendation |
---|---|---|
REC181-0204 | 2 - Emergency powers | The State amend the Country Fire Authority Act 1958 to enable the Chief Officer to delegate the power to issue fire prevention notices. |
Rec-ID | Code | Recommendation |
---|---|---|
REC173-0105 | 19 - Offences | That the Department of the Attorney General, in consultation with FESA and Western Australia Police (WAPOL), consider options for legislative amendments to extend criminal liability to all damage, injury or death directly caused by arson. |
Rec-ID | Code | Recommendation |
---|---|---|
REC172-0038 | 34 - Local knowledge | The ISU should be provided with a person with local knowledge at Level 3 incidents. |
Rec-ID | Code | Recommendation |
---|---|---|
REC163-1940 | 19 - Offences | That legislation be prepared by the Criminal Law Review Division of the Attorney General’s Department allowing designated officers of the Rural Fire Service to apply for a warrant in certain circumstances. |
REC163-1937 | 19 - Offences | That the Attorney General’s Department’s Crime Prevention Division consider the causes of, and any solution to, the high number of juveniles involved in causing bushfires. |
REC163-1936 | 19 - Offences | The prescribed penalty notice penalty amount for section 66(7) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1935 | 19 - Offences | The prescribed penalty notice penalty amount for section 99(6) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1939 | 2 - Emergency powers | That the Rural Fires Act 1997 be amended to provide to designated Fire Investigation Officers of the Rural Fire Service the power to enter any land upon which a bushfire has occurred for the purposes of investigation for a period of up to 24 hours after a fire has been declared out. |
REC163-1934 | 19 - Offences | The prescribed penalty notice penalty amount for section 100(2) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1941 | 19 - Offences | A working group be established to consider methods of preventing criminal firestarting. |
Rec-ID | Code | Recommendation |
---|---|---|
REC155-3481 | 6 - Insurance and legal liability | That the Victorian Government establish a clear and consistent Bushfire Fencing Policy for damage caused by all future bushfires and prescribed burns. The Bushfire Fencing Policy should include the following provisions: |
REC155-3471 | 6 - Insurance and legal liability | That the Victorian Government replace or compensate for water taken from domestic, stock and irrigation dams, or water needed for essential use, in the event of a fire, regardless of where the bushfire starts. |
Rec-ID | Code | Recommendation |
---|---|---|
REC153-1806 | 40 - Equipment and consumables | That the Minister for Emergency Services and the Minister for Local Government cause local council plant and equipment that is suitable for use in bushfire fighting be fitted with radios connected to the Government Radio Network. |
Rec-ID | Code | Recommendation |
---|---|---|
REC126-2008 | 34 - Local knowledge | That, if he is willing to participate, Mr John Lowe be made a member of the implementation taskforce to which I refer in recommendation 70 |
REC126-2007 | 34 - Local knowledge | That the views and concerns expressed by the ACT Sustainable Rural Lands Group be taken into account when implementing the recommendations in this report |
REC126-1967 | 40 - Equipment and consumables | That the Emergency Services Agency give priority to ensuring it has guaranteed access to an adequate number and type of bulldozers, as well as experienced operators, during the fire season, for immediate deployment as required |
Rec-ID | Code | Recommendation |
---|---|---|
REC122-3784 | 34 - Local knowledge | The Committee recommends that the government provide authority to a single community representative body to authorise clearing of native vegetation for fire management. (The community representative body must incorporate the CFS, DEH, Native Vegetation Council and local council) |
Rec-ID | Code | Recommendation |
---|---|---|
REC104-2220 | 2 - Emergency powers | That CFA should not be given the power to direct Forest Industry Brigades to engage in fire prevention and suppression activities off their land and that decision should remain the responsibility of the plantation company. |
REC104-2231 | 6 - Insurance and legal liability | That DSE commences discussion with the Victorian WorkCover Authority in respect to employer liability for those staff being released to, and directed, by another agency in fire prevention and suppression activities. |
REC104-2218 | 6 - Insurance and legal liability | That Government work with the insurance industry to explore options for incentives such as a reduction in premiums for those who take appropriate self-protection measures on their properties, similar to incentives for anti-theft home security |
REC104-2246 | 34 - Local knowledge | That DSE undertake community consultation on policies relating to roads and access tracks on public land, particularly in respect to fire management. |
REC104-2217 | 6 - Insurance and legal liability | That CFA, in their education and information packages, encourage appropriate insurance cover, and ensure that insurance becomes a part of the householder’s annual checklist. |
REC104-2233 | 34 - Local knowledge | That communities, public land managers, Water Authorities and Catchment Management Authorities jointly identify and implement local and environmentally sound solutions to improve the availability of water for firefighting through the Municipal Fire Management Planning process. |
Rec-ID | Code | Recommendation |
---|---|---|
REC098-2183 | 6 - Insurance and legal liability | Further to recommendation 21 in Chapter 4, the Committee recommends that the Commonwealth seeks to ensure that the proposed Council of Australian Governments review of the bushfire management, initiate |
REC098-2175 | 6 - Insurance and legal liability | The Committee recommends that insurance companies ensure that potential and existing policyholders are aware of the need to regularly review their insurance policies to prevent undervaluing. This could be done through renewal notices and quarterly reminders. This should include a list of bushfire risk reduction measures that policyholders can implement to decrease the cost of their premium. |
REC098-2172 | 6 - Insurance and legal liability | The Committee recommends that taxes on insurance premiums be calculated only on the premium in order to eliminate the current cascading cost. |
REC098-2168 | 2 - Emergency powers | The Committee recommends that the Commonwealth investigate, and where necessary, require the urgent enhancement of the provision of emergency power and telecommunications services for the purpose of |
REC098-2157 | 6 - Insurance and legal liability | The Committee recommends that the Commonwealth Government work with Australasian Fire Authorities Council to review the insurance cover provided to volunteer fire fighters in all states and territories and ensure that cover is adequate for loss of life or injury and related loss of income and property lost in the line of duty. |
Rec-ID | Code | Recommendation |
---|---|---|
REC019-4139 | 19 - Offences | Local authorities prosecute in all cases of deliberate breaches of the provisions of the Bush Fires Act and thay failing this the Bush Fires Board take appropriate action to initiate such prosecutions. |
REC019-4136 | 34 - Local knowledge | The Bush Fires Board appoint a Regional Committee of Board members co-opt local members for each climatic region of the State to study the bush fire control problems of the region and advise the Board so that inter alia adequate attention may be given by the Board to co-ordinating the beginning and termination of the prohibited burning times in adjoining districts and to any advisable variations of these duties according to seasonal conditions each year. |
REC019-4146 | 6 - Insurance and legal liability | Insurance companies be asked to subsidise the bush fire equipment fund by an amount at least equal to the amount they at present remit on premiums received for fire insurance in approved districts and that the Government contribute an amount to the fund at least equal to that contributed by the Insurance Companies. |
Rec-ID | Code | Recommendation |
---|---|---|
REC013_3980 | 6 - Insurance and legal liability | To provide that any person desirous of insuring his crops against fire shall first submit his proposal to two responsible persons for their endorsement that, in their opinion, the crop is likely to produce the value for which the insurer proposes to take out the oolicy, and that, in the event of such endorsement not being obtained, the risk be not accepted. |
REC013_3973 | 40 - Equipment and consumables | To arrange for uniform water facilities, where possible, by having large taps attached to elevated tanks, suitable approaches made to dams for filling carts, and convienient gates to approach same. |
REC013_3983 | 19 - Offences | To prohibit persons throwing lighted cigarettes, cigars and tobacco among any straw, stubble, grass or herbage during the months of September to March in any Bush Fire area, under a penalty not exceeding $10. |
REC013_3969 | 6 - Insurance and legal liability | The subsidy of such Fire Brigade organisations by the insurance companies and the Government to be given favourable consideration, from a proportion of which the expenses of the Central Administration might be met. |
REC013_3972 | 40 - Equipment and consumables | To recommend to shire councils the purchase of fire carts and necessary equipment for fire fighting. |
REC013_3982 | 19 - Offences | To prohibit persons taking into a harvest field or through any grass or bush lands any motor, tractor, harvester, &c., which is not supplied with an approved fire extinguisher or without the exhaust being properly fitted and protected, under a penalty not exceeding $50. |