Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC317-4122 | 33 - Relief and recovery | Australian, state and territory and local governments should evaluate the effectiveness of existing financial assistance measures to inform the development of a suite of pre-effective pre-determined recovery supports. |
REC317-4080 | 18 - Access to fire ground | State and territory governments should include road closure and opening information on all roads within their borders on public apps. |
REC317-4104 | 33 - Relief and recovery | Australian, state and territory governments should refine arrangements to support localised planning and the delivery of appropriate mental health services following a natural disaster. |
REC317-4119 | 33 - Relief and recovery | The Australian Government, through the mechanism of the proposed standing national recovery and resilience agency, should convene regular and ongoing national forums for charities, non-government organisations and volunteer groups, with a role in natural disaster recovery, with a view to continuous improvement of coordination of recovery support. |
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. |
REC317-4118 | 33 - Relief and recovery | Australian, state and territory governments should create a single national scheme for the regulation of charitable fundraising. |
REC317-4127 | 33 - Relief and recovery | Australian, state and territory governments should incorporate the principle of ‘build back better’ more broadly into the Disaster Recovery Funding Arrangements. |
REC317-4117 | 33 - Relief and recovery | State and territory governments should develop and implement efficient and effective arrangements to: |
REC317-4126 | 33 - Relief and recovery | Australian, state and territory governments should expedite the development of pre-agreed recovery programs, including those that address social needs, such as legal assistance domestic violence, and also environmental recovery. |
REC317-4116 | 33 - Relief and recovery | Governments should create and publish standing policy guidance on whether they will or will not assist to clean-up debris, including contaminated debris, resulting from natural hazards. |
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. |
REC317-4081 | 18 - Access to fire ground | State and territory governments should provide information to the public on the closure and opening of roads. Information should be provided in real-time, or in advance based on predictions, where possible. |
Rec-ID | Code | Recommendation |
---|---|---|
REC291-1246 | 18 - Access to fire ground | The State Emergency Management Committee to review the policy for traffic management at emergency incidents so it reflects national ‘best practice’. This includes the production and issuing of an aide-memoire to guide traffic management, emergency and incident management personnel. |
REC291-1245 | 18 - Access to fire ground | The Department of Fire and Emergency Services to issue a photo identification card to DFES members, members of Bush Fire Brigades, volunteer emergency services, Incident Management Teams, forestry industry brigade members and Networked Government Emergency Agency members. DFES also to consider temporary windscreen signage to identify vehicles carrying such personnel. |
Rec-ID | Code | Recommendation |
---|---|---|
REC265-1122 | 18 - Access to fire ground | DFES, in consultation with bushfire volunteers should develop a procedure for the controlled entry and exit of volunteers to the fire ground |
REC265-1121 | 18 - Access to fire ground | A Restricted Access Permit system for the entry/ re-entry of residents, based on the one developed for the Parkerville Stoneville Mt Helena Bushfire should be finalised. |
REC265-1127 | 33 - Relief and recovery | Consultation should be undertaken with agencies and organisations that are engaged in emergency welfare provision to identify more effective ways to provide a consistent message to the community that non-cash donations are not required. |
REC265-1126 | 33 - Relief and recovery | Development of a template contract for the clean-up of affected properties to speed-up the process; |
REC265-1125 | 33 - Relief and recovery | Consultation with the Board of the Lord Mayor’s Distress Relief Fund and other disaster appeal organisers should be undertaken to determine the potential for software development to consolidate the application and approval process, including provision of templates and application forms; |
Rec-ID | Code | Recommendation |
---|---|---|
REC247-0907 | 33 - Relief and recovery | That the State Emergency Management Committee ensures that a program of debriefing on recovery issues is completed by all relevant agencies and organisations, and detailed plans and operating procedures are established ready for implementation. |
REC247-0896 | 33 - Relief and recovery | That the state level structural arrangements for managing recovery operations are reviewed. |
REC247-0906 | 18 - Access to fire ground | That emergency management plans recognise the need to provide priority access to areas of emergency operations for critical infrastructure providers. |
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. |
REC247-0899 | 18 - Access to fire ground | That appropriate plans are made to mobilise resources quickly to re-open roads affected by emergencies. |
REC247-0885 | 18 - Access to fire ground | That arrangements are made for and appropriate pre-planning occurs to effectively implement the policy on road closures and traffic management. |
REC247-0910 | 33 - Relief and recovery | That suitable facilities are established from which to effectively control and coordinate immediate recovery operations. |
REC247-0884 | 18 - Access to fire ground | That Tasmania Police reviews its Emergency Traffic Management Points policy; and develops a multi-agency policy in the emergency management plans for road closures and traffic management, including clarity in decision making, coordination and sufficient operational flexibility. |
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 |
---|---|---|
REC226-0598 | 33 - Relief and recovery | When communities are grieving there is a need to provide special forms of support to affected residents. |
REC226-0596 | 33 - Relief and recovery | An early decision on relief funding enables timely responses. D CP should review their communication of relief arrangements to ensure that they are clear. |
REC226-0595 | 33 - Relief and recovery | Shire experiences in managing these traumatic events should be captured and passed into emergency management procedures. |
REC226-0594 | 33 - Relief and recovery | Procedures to resolve issues surrounding financial assistance need to be reviewed to ensure they are as smooth, fast and transparent as possible possible. Review and streamline current financial relief procedures. |
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 |
---|---|---|
REC203-0292 | 18 - Access to fire ground | There is a need for community education on how road-blocks and VCPs operate in the event of an emergency. |
REC203-0308 | 33 - Relief and recovery | Early resolution and clear communication of the financial and other support measures that will be available to affected residents is an important contributor to community resilience. |
REC203-0291 | 18 - Access to fire ground | Local knowledge should be accessed to inform the placement and operation of VCPs. |
REC203-0290 | 18 - Access to fire ground | VCPs are one of the instruments by which the Incident Controller manages the emergency. VCPs without communications cannot be fully effective in their role. Determine and implement an appropriate communications platform for emergency management |
REC203-0289 | 18 - Access to fire ground | There needs to be a better appreciation of the role of Vehicle Control Points (VCPs) and how they are managed in bushfire emergencies by all key agencies and the community |
Rec-ID | Code | Recommendation |
---|---|---|
REC201-0257 | 29 - Operational Health and Safety | FESA needs to place greater priority on the appointment of Safety Advisors to Level 3 incidents as is reflected in WESTPLAN Bushfire. |
Rec-ID | Code | Recommendation |
---|---|---|
REC200-0373 | 33 - Relief and recovery | The Department for Child Protection, the Western Australian Police and the Fire and Emergency Services Authority develop improved arrangements for communicating the loss of home and possessions to persons gathered at evacuation centres with a view to increasing privacy. |
REC200-1705 | 29 - Operational Health and Safety | The Fire and Emergency Services Authority (FESA) review its program to decommission vehicles and ensure that when such vehicles are offered during an incident that FESA staff adhere to FESA‟s own policy of „Use of Private Vehicles in Fires‟ |
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. |
REC200-0369 | 18 - Access to fire ground | The Western Australian Police and the Fire and Emergency Services Authority jointly examine the Traffic Management System developed in response to the 2009 Victorian bushfires and seek its adaptation to use in WA with additional attention to the access and egress by bona fide residents to areas that are evacuated. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC187-2934 | 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. |
REC187-2956 | 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: |
REC187-2923 | 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. |
REC187-2961 | 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. |
REC187-2928 | 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. |
REC187-2950 | 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. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2955 | 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. |
REC187-2922 | 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. |
REC187-2960 | 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. |
REC187-2927 | 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. |
REC187-2949 | 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. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
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. |
REC187-2921 | 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. |
REC187-2959 | 6 - Insurance and legal liability | That every APRA-authorised general insurer adopt and comply with the General Insurance Code of Practice. |
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: |
REC187-2948 | 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: |
REC187-2931 | 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. |
REC187-2953 | 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. |
REC187-2920 | 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. |
REC187-2958 | 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. |
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. |
REC187-2947 | 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: |
REC187-2930 | 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. |
REC187-2952 | 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. |
REC187-2919 | 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. |
REC187-2957 | 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. |
REC187-2924 | 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. |
REC187-2945 | 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. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
Rec-ID | Code | Recommendation |
---|---|---|
REC182-0133 | 29 - Operational Health and Safety | FESA reviews its approach to safety and safety culture. |
REC182-0135 | 33 - Relief and recovery | FESA revises its standard operating procedures to provide guidance on the format and timing of post-incident community meetings. |
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 |
---|---|---|
REC172-0013 | 18 - Access to fire ground | In preparing traffic management plans consideration should be given to which VCP’s are critical and need to be resourced with uniformed Police Officers and which VCP’s can be manned with civilian contractors. |
REC172-0012 | 18 - Access to fire ground | Main Roads Western Australia, Police and LGA’s be encouraged via State emergency arrangements to establish a distributed cache of “hard” road barriers for deployment to major incidents |
REC172-0039 | 18 - Access to fire ground | Dedicated information packages should be made available to personnel operating Vehicle Control Points at the shift briefing. |
REC172-0011 | 18 - Access to fire ground | At Level 3 incidents the position of ‘Traffic Operations Officer’ –be established and filled by a WAPOL officer. A role description for this position is required and should be included in the “Guidelines for the Operations of Road Closures During Bushfires 2008”. This officer is to be supported by a suitably qualified officer from MRWA that is capable of developing Traffic Management Plans that address risk and are cognisant of considerations associated with road type, appropriate speed limitations, signage requirements, traffic volumes, detours for local traffic and heavy haulage etc. This role should report to the IC and have strong links to the Operations Section, Planning Section (particularly the Situation Unit) and the Information Unit. |
REC172-0017 | 18 - Access to fire ground | Information packs to be provided to road traffic personnel to assist with enquiries by public or provision to members of public and landholders who are defending homes/stock etc |
REC172-0030 | 29 - Operational Health and Safety | A strategically located Staging Area serviced with check in/out personnel should be considered as early as possible at incidents involving an extended attack. |
REC172-0016 | 18 - Access to fire ground | Full briefings of traffic management personnel should be provided prior to dispatch to work areas – why road closed, what their authority level is, level of current risk etc |
REC172-0014 | 18 - Access to fire ground | The Interagency Guidelines for Road closure needs to be reviewed to incorporate a mechanism to identify bone-fide local landholders to facilitate their movement in and out of cordoned areas in sympathy with the Stay and Defend requirements. |
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. |
REC098-2157 | 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. |
REC098-2151 | 29 - Operational Health and Safety | The Committee recommends that the Commonwealth Attorney-General engage the Commonwealth, states and territories in a review of occupational health and safety legislation as it affects the proper and effective functioning of bush fire services. |
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. |
REC019-4146 | 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. |
REC019-4157 | 18 - Access to fire ground | Local authorities and if necessary the Minister take active steps to enforce the removal of fire hazards from the vicinity of buildings in rural areas and that special attention be given to the removal of dead trees on the edges of pasture land and on firebreaks in timbered country. |