Inquiry Search
Rec-ID | Code | Recommendation |
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REC325-4322 | 24 - Govt responsibility | The Inspector-General of Emergency Management recommends the Dam Safety Regulator review the Emergency Action Plan for Referable Dam Guideline with particular regard to the distinction between the process required by a flood event as compared to a dam failure event by 1 November 2023. The Emergency Action Plan for Referable Dam Guideline review will be informed by a discussion, facilitated by the Dam Safety Regulator, between dam owner Seqwater, the Brisbane City Council Flood Information Centre, the Brisbane Local Disaster Management Group and the Brisbane District Disaster Management Group. The purpose of the facilitation is to achieve inter-agency understanding of warning and notification responsibilities. The reviewed Emergency Action Plan for Referable Dam Guideline should be published, promoted and shared via a stakeholder engagement exercise with Queensland’s referable dam owners, disaster management stakeholders including local disaster management groups and district disaster management group. |
Rec-ID | Code | Recommendation |
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REC322-4222 | 4 - Fire season preparation | The Inspector-General Emergency Management recommends the Department of Environment and Science undertake a review of campfire locations on K’gari, including all relevant signage on and off the island, maps and visitor permit information, to promote a consistent message about lighting campfires on K’gari. |
Rec-ID | Code | Recommendation |
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REC321-4204 | 4 - Fire season preparation | We recommend that DEWLP and CFA (in consultation with FRV) in partnership with councils, provide advice to government in line with the Safer Together: A new approach to reducing the risk of bushfire in Victoria policy on options to better resource the assessment of risk on private land, its treatment and activities to enforce compliance of land owners with risk-reduction treatments. |
Rec-ID | Code | Recommendation |
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REC318-4170 | 4 - Fire season preparation | The Inspector-General for Emergency Management recommends that responder agencies and Emergency Management Victoria review preparedness arrangements to ensure procedural documentation (including plans), recruitment, briefings and training are completed before significant seasonal events are likely to occur. Seasonal preparedness should culminate in attestations of assurance to confirm that: |
REC318-4175 | 4 - Fire season preparation | The Inspector-General for Emergency Management recommends that the Department of Environment, Land, Water and Planning (or the single entity referenced in Recommendation 4) – supported by other organisations with a legislated responsibility for fuel management – plan for and increase the application of non-burning fuel management treatments including mechanical means. The annual fuel management report should include the non-burn component of fuel management treatment, track annual change, and provide a comparison to the previous three years. |
Rec-ID | Code | Recommendation |
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REC317-4053 | 24 - Govt responsibility | Australian, state and territory governments should restructure and reinvigorate ministerial forums with a view to enabling timely and informed strategic decision-making in respect of: |
REC317-4073 | 24 - Govt responsibility | State and territory governments should take steps to ensure that there is better interaction, planning and ongoing understanding of Australian Defence Force capabilities and processes by state and territory fire and emergency service agencies and local governments. |
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. |
REC317-4066 | 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: |
REC317-4069 | 24 - Govt responsibility | State and territory governments should update and implement the National Framework to Improve Government Radio Communications Interoperability, or otherwise agree a new strategy, to achieve interoperable communications across jurisdictions. |
REC317-4131 | 24 - Govt responsibility | Each state and territory government should establish an independent accountability and assurance mechanism to promote continuous improvement and best practice in natural disaster arrangements. |
REC317-4058 | 24 - Govt responsibility | The Australian Government should enhance national preparedness for, and response to, natural disasters, building on the responsibilities of Emergency Management Australia, to include facilitating resource sharing decisions of governments and stress testing national disaster plans. |
REC317-4108 | 4 - Fire season preparation | Australian, state and territory governments should review the assessment and approval processes relating to vegetation management, bushfire mitigation and hazard reduction to: |
REC317-4123 | 24 - Govt responsibility | Australian, state and territory governments should ensure that personal information of individuals affected by a natural disaster is able to be appropriately shared between all levels of government, agencies, insurers, charities and organisations delivering recovery services, taking account of all necessary safeguards to ensure the sharing is only for recovery purposes. |
REC317-4056 | 24 - Govt responsibility | Australian Government agencies should work together across all phases of disaster management. |
REC317-4107 | 4 - Fire season preparation | Public land managers should clearly convey and make available to the public their fuel load management strategies, including the rationale behind them, as well as report annually on the implementation and outcomes of those strategies. |
REC317-4101 | 24 - Govt responsibility | Australian, state and territory governments should develop national air quality forecasting capabilities, which include broad coverage of population centres and apply to smoke and other airborne pollutants, such as dust and pollen, to predict plume behaviour. |
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. |
REC317-4054 | 24 - Govt responsibility | Australian, state and territory governments should establish an authoritative advisory body to consolidate advice on strategic policy and relevant operational considerations for ministers in relation to natural disasters. |
REC317-4087 | 4 - Fire season preparation | State and territory governments, working with local governments and fire and emergency service agencies, should ensure that there are appropriate arrangements for roadside vegetation management that take into account, among other things: |
REC317-4078 | 24 - Govt responsibility | Australian, state and territory governments should adopt procurement and contracting strategies that support and develop a broader Australian-based sovereign aerial firefighting industry. |
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. |
Rec-ID | Code | Recommendation |
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REC307-2433 | 24 - Govt responsibility | To make planned burning and land clearing easier to understand and implement for landholders, a single point of contact for all bushfire mitigation inquiries and permits should be established. |
Rec-ID | Code | Recommendation |
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REC306-2425 | 24 - Govt responsibility | We recommend that the Department of Natural Resources and Mines and the four councils work together to effectively and economically regulate levee banks. |
REC306-2422 | 24 - Govt responsibility | We recommend that, in the absence of stand-alone catchment management authorities, the Department of Infrastructure, Local Government and Planning fulfil its obligation under the State Disaster Management Plan to drive the enhancement of flood resilience in the four catchments by: |
Rec-ID | Code | Recommendation |
---|---|---|
REC304-2405 | 24 - Govt responsibility | Retain the Bushfires Council as a Ministerial advisory body. |
REC304-2416 | 4 - Fire season preparation | Establish a capacity to prescribe bushfire management arrangements for individual properties based on bushfire risk assessment. |
Rec-ID | Code | Recommendation |
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REC299-1348 | 4 - Fire season preparation | In keeping with the Victorian Bushfires Royal Commission’s findings and recommendations, human life has primacy in bushfire‑related regulations and it is important that this is maintained in the implementation of bushfire management overlays and relevant vegetation removal exemptions should reflect the primacy of human life. |
REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
Rec-ID | Code | Recommendation |
---|---|---|
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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REC250-0794 | 24 - Govt responsibility | Rural Finance Corporation (Department of Treasury and Finance) and Regional Development Victoria should coordinate any future disaster relief and recovery programs for businesses. |
REC250-0793 | 24 - Govt responsibility | The Department of Premier and Cabinet should develop clear guidelines for departments in designing community disaster relief and recovery programs. |
Rec-ID | Code | Recommendation |
---|---|---|
REC241-0991 | 4 - Fire season preparation | That annual planning be undertaken at each level that addresses hazard actions across all disaster management phases (ie: prevention, preparation, response and recovery), with a focus on vegetation and land management. This planning is to be consistent with the hazard- specific planning envisaged under the Queensland Disaster Management Arrangements and be supported by guidelines to be developed and issued by Rural Fire Service Queensland. District plans are to be approved by the Director- General or equivalent for the Department of Community Safety and will inform a State Wildfire Management Plan to be approved by the State Disaster Management Group. |
REC241-1001 | 24 - Govt responsibility | That the extent of forest and plantation fuel load fire risk in South East Queensland requires a designated government resources fire team to manage this risk and proactively conduct fuel mitigation burning; and provide a wildfire response to government land. |
REC241-0968 | 4 - Fire season preparation | That a Mitigation Officer position be created to assist the District offices and District Fire Management Groups (refer to Recommendations 40 to 46) in developing their fire management plans and to ensure mitigation work is being conducted. |
REC241-0979 | 24 - Govt responsibility | That the Queensland Government liaise with the Federal Government with a view to securing incentives for employers that recognise loss of income and employee time for emergency operations. |
REC241-1000 | 4 - Fire season preparation | That the provisions of the Vegetation Management Act 1999 should be clarified to ensure that effective and accessible firebreaks or fire control lines are established in order that assets can be protected. The decision on the construction of these firebreaks and fire control lines is to be made by the landowner in conjunctions with the local Rural Fire Brigade or Fire Warden |
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. |
REC241-0954 | 24 - Govt responsibility | That a Ministerial Advisory Council be established to inform the Minister of matters relating to Rural Fire Service and SES volunteers. |
REC241-0998 | 4 - Fire season preparation | That Rural Fire Service Queensland instigates a hazard mitigation operational period, (E.G. Operation Cold Burn), at suitable times each year as appropriate by area. |
REC241-0992 | 4 - Fire season preparation | That District Inspectors be responsible for consultation with Fire Wardens during the development of District fire management plans. |
Rec-ID | Code | Recommendation |
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REC217-1827 | 24 - Govt responsibility | The role of flood risk management planning rests with CMAs and Melbourne Water (under the Water Act 1989), and is a shared responsibility with local government. Shared responsibilities for flood risk management planning and implementation will be consistently reflected in government policy. |
REC217-1824 | 24 - Govt responsibility | The Victorian Government to implement the recommendations of the Victorian Floods Review in relation to the development and implementation of appropriate flood mitigation and protection strategies for essential services. |
REC217-1846 | 24 - Govt responsibility | The state government should implement the recommendations of the Victorian Floods Review in relation to the creation of resilience committees and resilience plans, with responsible authorities. |
REC217-1823 | 24 - Govt responsibility | The Victorian Government should work with the New South Wales Government and the Murray Darling Basin Authority to establish an appropriate floodplain management committee and to develop a floodplain management strategy for the Murray River. The strategy will define priority regions for the development of floodplain management plans, address ways of improving the management of all levees on the Murray River, and seek agreement in relation to improved approvals processes, levee heights and maintenance regimes. |
REC217-1843 | 24 - Govt responsibility | The state government implement the Victorian Floods Review recommendation 10 in relation to the datums used to describe river and stream heights. |
REC217-1822 | 24 - Govt responsibility | The state government will work with Grampians Wimmera Mallee Water and stakeholders to determine ongoing ownership and associated responsibilities for redundant channel infrastructure in the Wimmera and the Mallee. |
REC217-1839 | 24 - Govt responsibility | The state government accept recommendations 25 to 28, inclusive, of the Victorian Floods Review. |
REC217-1835 | 24 - Govt responsibility | Within the jurisdiction of Melbourne Water, it shares with local councils the responsibility to manage local drainage systems as outlined under the Water Act 1989 and the Local Government Act 1989 respectively: |
Rec-ID | Code | Recommendation |
---|---|---|
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 |
REC210-0720 | 24 - Govt responsibility | The Queensland Government should determine which of its agencies should take responsibility for the management of all existing and new abandoned mine sites in Queensland. |
REC210-0752 | 24 - Govt responsibility | Prior to approving a flood mitigation manual, the Queensland Government should be satisfied that its terms are expressed in a manner that allows a determination of compliance with it to be made by reference to objective standards. |
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. |
REC210-0710 | 24 - Govt responsibility | The Department of Environment and Resource Management should assist mine operators in their applications for amended environmental authorities to ensure, as far as possible, that each environmental authority contains a tailored version of Table 4 of the model conditions. The Department of Environment and Resource Management should provide to mining companies its monitoring data and its suggested values for Table 4 on the basis of an assessment of the catchment which takes into account the cumulative effect of different operators’ releases. |
REC210-0774 | 24 - Govt responsibility | The Department of Environment and Resource Management and Emergency Management Queensland should ensure that each has copies of current emergency action plans for all dams in Queensland. |
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 |
REC210-0718 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant an emergency direction. |
REC210-0751 | 24 - Govt responsibility | The Queensland Government should continue to assess and review the adequacy of work procedures DS 5.1 and 5.3, having regard to the need for flood mitigation manuals to reflect the will of the executive. |
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. |
REC210-0707 | 24 - Govt responsibility | The Department of Environment and Resource Management should conduct risk assessments in time for site inspections, and the implementation of solutions to problems identified at inspections, to take place before 1 November of each year. |
REC210-0771 | 24 - Govt responsibility | The Queensland Government should, in consultation with the Department of Environment and Resource Management and Emergency Management Queensland, determine which agency is appropriate to review and approve emergency action plans for referable dams. |
REC210-0716 | 24 - Govt responsibility | The Queensland Government should make public the procedural guide used by Department of Environment and Resource Management officers to decide whether to grant a transitional environmental program. |
REC210-0748 | 24 - Govt responsibility | The Queensland Government should consider whether North Pine Dam should be operated as a flood mitigation dam when it considers possible operating strategies and full supply levels as part of the longer term review of the Manual of Operational Procedures for Flood Mitigation at North Pine Dam. |
REC210-0620 | 24 - Govt responsibility | The Queensland Government should determine whether existing guidelines are sufficient for councils to understand best practice in the performance of flood studies and the production of flood maps. If a lack of current guidelines is identified, the government should create and circulate guidance material for councils. |
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. |
REC210-0706 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare a list of relevant considerations to be taken into account in performing a risk assessment to decide which sites to inspect. Bureau of Meteorology forecasts should be one consideration. |
REC210-0765 | 24 - Govt responsibility | 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 the impact of possible upgrades of bridges downstream of Wivenhoe Dam on different operating strategies for the dam. |
REC210-0715 | 24 - Govt responsibility | The Queensland Government should prepare a procedural guide for officers deciding whether to grant a relaxation of environmental authority conditions, by transitional environmental program or otherwise, with guidance as to: • the meaning of each criterion • examples of the types of things that may be relevant to each criterion • the priority, if any, to be afforded to different criteria. |
REC210-0745 | 24 - Govt responsibility | The Queensland Government should ensure that all flood mitigation manuals include the requirement that those operating the dam during flood events hold current registrations as professional engineers. |
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. |
REC210-0619 | 24 - Govt responsibility | In the event that the review does not adequately account for Queensland conditions, the Queensland Government should produce a document that provides appropriate guidelines for floodplain management in the Queensland context. |
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. |
REC210-0764 | 24 - Govt responsibility | The Department of Transport and Main Roads, in conjunction with Brisbane City Council and Somerset Regional Council, should investigate options for the upgrade of Brisbane River crossings between Wivenhoe Dam and Colleges Crossing and undertake a cost-benefit analysis of these to determine the outcome which best serves the public interest. |
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. |
REC210-0713 | 24 - Govt responsibility | The Queensland Government should refine the criteria which must be considered in assessment of applications for relaxation of environmental authority conditions, by transitional environmental program or otherwise, in response to flood. |
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. |
REC210-0742 | 24 - Govt responsibility | The Queensland Government should ensure that, when it considers options for the operational strategies to |
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. |
REC210-0618 | 24 - Govt responsibility | The Queensland Government should endeavour to ensure that Queensland conditions are appropriately considered in the National Flood Risk Advisory Group’s review of best practice principles. |
REC210-0753 | 24 - Govt responsibility | The Department of Environment and Resource Management should prepare formal work procedures for the review of flood event reports created under emergency action plans and flood mitigation manuals. These should include procedures for: • making enquiries with the owners of referable dams that have catchments that have been subject to heavy rainfall (or where there is other reason to believe the emergency action plan has been triggered) as to whether the emergency action plans have been triggered • reminding owners of referable dams that have had emergency action plans triggered of their obligation to submit a flood event report • upon receipt of a flood event report, reviewing it, identifying any dam safety or other issues or areas where insufficient detail has been provided, raising those matters with the dam owner or other affected party and identifying appropriate remedial steps 28 Queensland Floods Commission of Inquiry | Final Report Complete list of Final Report recommendations • raising any issues identified in the report that are beyond the expertise of the Department of Environment and Resource Management, or are likely to be of particular interest to another body, with the appropriate body • keeping a record of the process and results of the review of the flood event report • fixing an appropriate timeline for the completion of each of the above steps: the time required may depend on specific circumstances, but must allow for any potential safety issues to be identified and remedied efficiently. |
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. |
REC210-0711 | 24 - Govt responsibility | Unless the Department of Environment and Resource Management has decided not to permit discharges, it should assist each mine operator in its application for an environmental authority to ensure, as far as possible, that each authority includes provisions for discharges during times of heavy rainfall and flood. |
Rec-ID | Code | Recommendation |
---|---|---|
REC209-1654 | 24 - Govt responsibility | That the Director Bushfires NT NOT be appointed as a member of Council. |
REC209-1672 | 4 - Fire season preparation | Annual property inspections assessing access and fuel loads are conducted in all peri urban areas. |
REC209-1660 | 24 - Govt responsibility | Better alignment between divisions within DNRETAS be achieved through the development of an integrated strategy that addresses the combined objectives of weed management, land management, carbon farming and biodiversity management using fire across the Territory. |
REC209-1673 | 4 - Fire season preparation | That a trial be commissioned to assess the most effective means of road verge management, including regional variations, for future application across the Territory. |
Rec-ID | Code | Recommendation |
---|---|---|
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 |
REC199-0481 | 24 - Govt responsibility | the state (consistent with recommendation 46) develop a model for determining the capability and capacity of departments and agencies with roles and responsibilities in large scale or protracted emergencies. The issues of capability and capacity should be addressed at all levels of emergency management planning. |
REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
REC199-0466 | 24 - Govt responsibility | the Departments of Health and Human Services finalise the definition of ‘vulnerable person’ and the list of facility types where vulnerable people are located and ensure that the definition and associated policy(ies) are applicable across ‘all hazards’. |
REC199-0441 | 4 - Fire season preparation | the state undertake further trials to explore the opportunity for greater use of social media as a credible source of information to and from the public during an emergency |
REC199-0465 | 24 - Govt responsibility | the state undertake major reform of Victoria’s emergency management arrangements to bring about an effective ‘all hazards, all agencies’ approach, incorporating: • clarity of command and control in all emergencies • common operating platforms, including communications and information technology • interoperability between all agencies • regular joint training and exercising by all agencies • the development and implementation of performance standards for each emergency management agency • the development and maintenance of effective planning arrangements at all levels of emergency management • a meaningful monitoring and audit regime for designated standards and planning requirements; and • an effective accountability mechanism to support the maintenance of legislative and other agency obligations. |
REC199-0455 | 24 - Govt responsibility | the state conduct an ‘all hazards’ needs analysis to determine requirements for level 3 Incident Control Centres with a focus on ‘all hazards’ and multi-agency capability. Following this analysis, the state take steps to ensure the availability of sufficient and functional level 3 Incident Control Centres across the state with an ‘all hazards’ and multi-agency capability |
REC199-0406 | 24 - Govt responsibility | the state expand the Regional Water Monitoring Partnerships model to include all flood warning gauges. |
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. |
REC199-0400 | 24 - Govt responsibility | The state take the necessary measures to clarify roles, responsibilities and cost-sharing arrangements for flood warning systems, including tasking state and regional bodies to be responsible for the flood warning system. This will require engaging with the commonwealth to amend the 2001 arrangements, updating the 1998 floodplain management strategy accordingly and continuing to support commonwealth initiatives designed to improve flood mapping standards and associated issues. |
Rec-ID | Code | Recommendation |
---|---|---|
REC195-0334 | 4 - Fire season preparation | The Fire Services Commissioner leads a task force to: a. identify legislation, policies and guidelines that impact on vegetation management and recommend necessary changes b. develop a set of risk-based standards for vegetation management with respect to strategic firebreaks and the assets being protected c. integrate maintenance standards across all areas of responsibility and tenure. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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: |
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. |
REC181-0210 | 4 - Fire season preparation | The State amend the exemptions in clause 52.17-6 of the Victoria Planning Provisions to ensure that the provisions allow for a broad range of roadside works capable of reducing fire risk and provide specifically for a new exemption where the purpose of the works is to reduce bushfire risk. |
REC181-0192 | 4 - Fire season preparation | The Department of Sustainability and Environment develop and administer a collective offset solution for individual landholders who are permitted to remove native vegetation for the purpose of fire protection. |
REC181-0212 | 4 - Fire season preparation | VicRoads implement a systematic statewide program of bushfire risk assessment for all roads for which it is responsible, to ensure conformity with the obligations in s. 43 of the Country Fire Authority Act 1958 and with the objectives expressed in the VicRoads 1985 Code of Practice. |
REC181-0211 | 4 - Fire season preparation | The State and Commonwealth provide for municipal councils adequate guidance on resolving the competing tensions arising from the legislation affecting roadside clearing and, where necessary, amend environment protection legislation to facilitate annual bushfire-prevention activities by the appropriate agencies. |
Rec-ID | Code | Recommendation |
---|---|---|
REC176-0140 | 4 - Fire season preparation | The Commonwealth seek agreement from the states and territories that would enable it to evaluate the adequacy of fuel reduction programs applied by public land management agencies in high bushfire risk areas, and audit their implementation against the program's stated objectives. |
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. |
REC155-3474 | 24 - Govt responsibility | That the Victorian Government consider all available means, consistent with conservation values, for substantially increasing the access of apiarists to the public land estate. |
REC155-3473 | 24 - Govt responsibility | That the Victorian Government expedite the implementation of its 2006 election commitment to provide four wheel drive clubs with access to management vehicle only tracks. |
Rec-ID | Code | Recommendation |
---|---|---|
REC104-2247 | 24 - Govt responsibility | That an appropriately resourced, national aerial firefighting strategy is urgently required, and that the Victorian Government make representations to the Commonwealth to support the Australasian Fire Authorities Council recommendations |
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 |
REC104-2315 | 24 - Govt responsibility | That the Privacy Commissioner be asked for advice in the development of this model. |
REC104-2239 | 24 - Govt responsibility | That any local level agreements developed to address geographically specific risks or issues must be consistent with State-level arrangements. |
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. |
REC104-2303 | 24 - Govt responsibility | That Interstate Agreements prepared by the fire agencies be reviewed to include protocols for the joint release of consistent and appropriate information relating to fires burning across State borders. |
REC104-2232 | 24 - Govt responsibility | That Government in the development of its statewide water policy includes appropriate consideration of access to water for firefighting. |
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. |
REC104-2256 | 24 - Govt responsibility | That the State Emergency Operations Centre develop and maintain strong and close links with the State Emergency Response Coordination Centre, if collocation is not possible. |
REC104-2230 | 24 - Govt responsibility | That DSE investigates whether such agreements should exist with other government Departments and agencies, particularly those with officers located in rural Victoria who may be involved in fire response and support operations in the future, based on their expertise and experience. |
REC104-2255 | 24 - Govt responsibility | That the options of collocating the State Emergency Response Coordination Centre with the new State Emergency Operations Centre |
REC104-2331 | 24 - Govt responsibility | That a State Emergency Operations Centre be established to replace the existing separate fire agency centres. This could, if necessary, be initially confined to being a State Fire Operations Centre as recommended in Chapter 18, Part D. |
REC104-2225 | 24 - Govt responsibility | That the Victoria Emergency Management Council establish a sub-committee by June 2004 to ensure an all-agency and appropriate industries’ policy framework is developed and agreed in respect to the planning for fire prevention, mitigation and suppression. |
REC104-2254 | 24 - Govt responsibility | That a single state-of-the-art all hazards State Emergency Operations Centre be established for Victoria. This could, if necessary, be implemented in stages, initially incorporating DSE, CFA, MFESB and the State Aircraft Unit. |
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. |
REC104-2321 | 24 - Govt responsibility | That Government confirms that the Model of Fire Cover/Fire Safety Victoria strategy should be a seamless model for the whole of the State and include both private and public land. |
REC104-2192 | 24 - Govt responsibility | That, according to available scientific evidence, a decision regarding cattle grazing in the High Country should not be based on the argument that ‘grazing prevents blazing.’ |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC098-2131 | 24 - Govt responsibility | The Committee recommends that the Commonwealth through the Council of Australian Governments ensure that states and territories have adequate controls to ensure that local governments implement required fuel management standards on private property and land under their control. |
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 |
REC098-2168 | 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 |
REC098-2175 | 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. |
REC098-2136 | 4 - Fire season preparation | The Committee recommends that the Commonwealth through the National Heritage Trust assist the states and territories in the construction, maintenance and signage of fire trail networks. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC037-4169 | 4 - Fire season preparation | Mitigation and preparedness be enhanced and maintained for the future. Some co—ordinating mechanism or system be introduced at State Government level for this purpose. [Reference paragraphs: 114 to 128] |
Rec-ID | Code | Recommendation |
---|---|---|
REC016_3952 | 4 - Fire season preparation | It is recommended that the question of the future responsibility be made certain and that the body so made responsible keep the grounds of the hospital free from undergrowth and trees wherever their presence may be a possible source of future danger. |
REC016_3950 | 4 - Fire season preparation | It is recommended that on days of abnormal danger loads of briquettes be not kept in the station yard. The real danger, which transcends in gravity the danger of time destruction of loads of briquettes, is that the prevailing wind or a change of wind might carry showers of burning embers to the town, which is but the width of a road away, and thereby cause material damage in the town. It is further recommended that the yard and its surroundings be kept clear of scrub and growth; and that special provision be made for quelling fire which may break out in the deposits of inflammable dust which lie in time yard. |
Rec-ID | Code | Recommendation |
---|---|---|
REC015_3956 | 24 - Govt responsibility | It is strongly recommended that no public department of possible combination of public departments interested in forests should be permitted to gain control of this authority. |
REC015_3954 | 24 - Govt responsibility | It is recommended that each public department or body which may now or hereafter control forest areas be allowed to pursue its own policy of fire prevention and suppression. As each such body is responsible directly or indirectly to Parliament it must be allowed to carry its responsibility in its own manner. It is strongly recommended that no such department be given authority over any other body in matters relating to fire prevention or suppression. If it is ultimately shown that a department is unfit to discharge the duty involved other measures may be taken. |