Inquiry Search
Rec-ID | Code | Recommendation |
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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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REC323-4290 | 20 - Role of police | That the NSW Government embed into its emergency plans the appointment of a senior police officer with combat experience to lead recovery efforts following natural disasters. |
Rec-ID | Code | Recommendation |
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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. |
REC317-4124 | 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. |
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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REC308-2465 | 29 - Operational Health and Safety | Fatigue management strategies and guidance should be improved to ensure sustainable staffing practices are incorporated into disaster management planning. |
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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REC002-4007 | 40 - Equipment and consumables | A measure of safety may be found in the use of high explosives combined with wet tamping, or, still better, water cartridges, instead of powder under any of its modifications. Encouragement ought also to be given to the use of patent multiple wedges and applicances of a like nature, for supplanting the use of explosives. Under all circumstances and conditions some provision should be adopted for compelling workmen to thoroughly undercut, shear, or nick, and generally to work the coal as directed by the Manager. |
REC002-4005 | 40 - Equipment and consumables | Where safety-lamps are used the lock should be of such a character as to prevent any workman opening it. If the "Protector" type of lamp be employed the necessity for a lock is the less necessary, as the unscrewing of this type of lamp extinguishes the light. |
Rec-ID | Code | Recommendation |
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REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
Rec-ID | Code | Recommendation |
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REC295-1307 | 20 - Role of police | That, as with earthquake, SA Police be designated the Control Agency under the State Emergency Management Plan for black system events or other major power outages. |
REC295-1304 | 20 - Role of police | That SA Police, as the control agency for search and rescue, and State Emergency Service who have the responsibility for providing search and rescue services under the State Emergency Management Plan, develop a swiftwater rescue capability plan that describes key swiftwater risk locations, roles and responsibilities of emergency services, State swiftwater resources and dispatch arrangements. |
REC295-1278 | 20 - Role of police | That SA Police develop an evacuation plan for the Adelaide Central Business District (CBD) which includes: |
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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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. |
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 |
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REC258-2550 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness. |
REC258-2560 | 29 - Operational Health and Safety | The Civil Aviation Safety Authority devolve to Designated Aviation Medical Examiners the ability to renew aviation medical certificates (for Classes 1, 2, and 3) where the applicant meets the required standard at the time of the medical examination. |
REC258-2544 | 6 - Insurance and legal liability | The Australian Transport Safety Bureau transfers information from Mandatory Occurrence Reports to the Civil Aviation Safety Authority, without redaction or de-identification. |
REC258-2543 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority reintroduces a ‘use of discretion’ procedure that gives operators or individuals the opportunity to discuss and, if necessary, remedy a perceived breach prior to CASA taking any formal action. This procedure is to be followed in all cases, except where CASA identifies a Serious and Imminent Risk to Air Safety. |
REC258-2540 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority continues to provide appropriate indemnity to all industry personnel with delegations of authority. |
REC258-2557 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority reassesses the penalties in the Civil Aviation Safety Regulations. |
Rec-ID | Code | Recommendation |
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REC256-1572 | 6 - Insurance and legal liability | Insurers should provide additional standardised information to households regarding their insurance policies, the natural hazards they face and indicative costs of rebuilding after a natural disaster. This work should be led by the Insurance Council of Australia developing guidelines, within one year, to ensure consistency in the provision and presentation of this information across insurers. |
REC256-1564 | 6 - Insurance and legal liability | State and territory governments, local governments and insurers should explore opportunities for collaboration and partnerships. Partnerships, for example, could be formed through the Insurance Council of Australia and state-based local government associations (or regional organisations of councils). Consideration could be given to the Trusted Information Sharing Network model. Partnerships could involve: |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC247-0946 | 20 - Role of police | That Tasmania Police establishes a section within its structure with responsibility for developing and maintaining contemporary expertise in emergency management, progressing innovation, assisting organisational change initiatives and supporting its responsibilities in state emergency management arrangements. |
REC247-0945 | 20 - Role of police | That Tasmania Police conducts a review to ensure emergency management is treated as a priority and a core function throughout the organisation, including the development of contemporary capabilities, and is supported by an appropriate culture. |
REC247-0947 | 20 - Role of police | That Tasmania Police develops and implements a program for examining emergency management arrangements and facilities in Australia. |
Rec-ID | Code | Recommendation |
---|---|---|
REC244-2616 | 6 - Insurance and legal liability | That once the review of the Emergency Management Act has been finalised, any reference to the liability of councils should be mirrored in both the EM Act and the F&ES Act. |
Rec-ID | Code | Recommendation |
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REC243-0843 | 6 - Insurance and legal liability | That the Government work with the Local Government Association to resolve questions of liability by volunteers who work for Councils, as raised with the Select Committee. |
Rec-ID | Code | Recommendation |
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REC242-2642 | 6 - Insurance and legal liability | That with regard to volunteer community safety and emergency service organisations that do not own land where their facilities exist: |
Rec-ID | Code | Recommendation |
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REC239-2757 | 20 - Role of police | That the Queensland Police Service executive team reassesses its preparedness to collaborate with other agencies to deliver a whole of Government approach to delivering community safety. |
REC239-2689 | 20 - Role of police | That, where appropriate, the Commissioner of Police appoints appropriately trained and experienced public service officers to appropriate roles in the disaster management system to support District Disaster Coordinators in their vital roles. |
REC239-2752 | 20 - Role of police | That the roll-out of the Queensland Police Service digital technology should take into consideration adopting and facilitating new processes including the police response to domestic violence. |
REC239-2750 | 20 - Role of police | That the Queensland Police Service: |
REC239-2748 | 20 - Role of police | That the Queensland Police Service considers adopting the broader use of ANPR in line with other Australian jurisdictions in consultation with the Privacy Commissioner. |
REC239-2747 | 20 - Role of police | That as the Queensland Police Service moves to a digital platform the strategy around effective targeting and alternative automated number plate recognition models should form part of the design architecture. |
REC239-2737 | 29 - Operational Health and Safety | That the workplace health and safety reporting system be reviewed to facilitate ease of reporting. |
REC239-2726 | 20 - Role of police | That the Queensland Fire and Rescue Service enters into discussion with the Queensland Police Service regarding the possibility for the Queensland Police Service to assist with prosecutions that may arise out of fire safety matters. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC222-1858 | 29 - Operational Health and Safety | The Ministers for Environment, Police, Child Protection and Emergency Services fund additional chaplaincy services, particularly for staff and volunteers based in rural and regional Western Australia. |
REC222-1852 | 29 - Operational Health and Safety | The Minister for Health immediately establish the road trauma counselling service to be funded by the Road Trauma Trust Account. |
REC222-1850 | 29 - Operational Health and Safety | The Ministers for Emergency Services, Environment and Police ensure that their departments develop as a high priority a computer system for tracking their staff and the number of traumatic events they have attended over a particular period. |
REC222-1849 | 29 - Operational Health and Safety | Departmental chief executives of the Western Australia Police, Department of Environment and Conservation and the Fire and Emergency Services Authority should be made personally responsible for the psychological health (as a result of critical incident trauma) of their staff and volunteers. This obligation should be reflected in their performance agreements. |
REC222-1848 | 29 - Operational Health and Safety | The Western Australian Government amend current State occupational health and safety legislation so that it includes a definition for ‘health’ that includes psychological health. |
REC222-1859 | 29 - Operational Health and Safety | The Attorney General and the Ministers for Health and Mental Health fund their departments to establish a peer support program by the end of 2013 for their staff undertaking stressful tasks during a disaster or critical incident. |
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. |
REC210-0701 | 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. |
REC210-0686 | 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. |
REC210-0700 | 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. |
REC210-0747 | 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. |
REC210-0735 | 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. |
REC210-0703 | 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. |
REC210-0702 | 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. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC209-1640 | 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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC205-1906 | 6 - Insurance and legal liability | Governments should not subsidise household or business property insurance, whether directly or by underwriting risks. |
REC205-1905 | 6 - Insurance and legal liability | The Australian Government should only proceed with reforms that require all household insurers to offer flood cover if it can be demonstrated that the benefits to the wider community would exceed the costs. |
Rec-ID | Code | Recommendation |
---|---|---|
REC204-1910 | 6 - Insurance and legal liability | As part of its review of its contract management processes, Tourism WA (with the Board of Tourism WA taking a lead role) should amend its contract template for event sponsorship to ensure that: |
REC204-1920 | 6 - Insurance and legal liability | The Attorney General gives urgent consideration to determining an ex gratia payment for: |
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 |
---|---|---|
REC200-1724 | 6 - Insurance and legal liability | Emergency Management Western Australia develop mechanisms to calculate the estimated total cost of a fire to the community. |
REC200-0368 | 20 - Role of police | The Fire and Emergency Services Authority and the Western Australian Police ensure they receive all necessary legal clarification in relation to Bushfire Responsibilities of Police Officers – Powers Used in Assisting Fire Authorities in Responding to Bushfires, to be promulgated across FESA and WAPOL. |
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‟ |
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 |
REC199-0453 | 20 - Role of police | Victoria Police revise coordinator arrangements to ensure: • a coordinator presence is maintained at the place where incident control is being exercised • effective control is established and is maintained until the response phase has concluded • key control roles may be performed by personnel from agencies other than the designated control agency • that the timely compilation and distribution of an appropriate Incident Action Plan is recognised as a fundamental component of establishing effective control • those performing the coordinator role at an Incident Control Centre be suitably trained, skilled and experienced in emergency management and where possible possess a degree of local knowledge of the relevant area; and • that the revised coordinator arrangements are reflected within the State Emergency Response Plan |
REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
Rec-ID | Code | Recommendation |
---|---|---|
REC195-0336 | 20 - Role of police | Victoria Police, under the auspice of the Regional Emergency Response Plan, lead a task force to ensure that the Princes Highway is treated as an asset of significance and an appropriate risk-based approach is adopted to minimise the impact of fire. This approach is to be integrated into regional and municipal fire management plan |
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 |
---|---|---|
REC189-2912 | 29 - Operational Health and Safety | The review team recommend that the safety case system be strengthened by including provisions for a design notification scheme along the lines of that under the British Offshore Safety Case Regulations. |
REC189-2911 | 29 - Operational Health and Safety | The review team recommend that: |
REC189-2907 | 29 - Operational Health and Safety | a) For the purposes of designing and implementing its regulatory activities, National Offshore Petroleum Safety Authority (NOPSA) should continue to identify priority hazards and risks and their underlying causes, in consultation with the NOPSA Advisory Board and stakeholders (see Theme 9, Stakeholder engagement). |
Rec-ID | Code | Recommendation |
---|---|---|
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: |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC185-1933 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Treasury clarify what is meant by the term 'cost-effective' as it relates to the 2011 NDRRA Determination and the scrutiny of the states' and territories' insurance arrangements. |
REC185-1932 | 6 - Insurance and legal liability | The committee recommends that a particular focus of the Natural Disasters Insurance Review into the adequacy of current insurance arrangements should be on whether the international insurance market offers reinsurance for the states' and territories' road networks. |
REC185-1930 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Government consult with state and territory governments to ensure that the states' and territories' captive insurance and reinsurance arrangements are reported transparently and on a comparable basis. |
Rec-ID | Code | Recommendation |
---|---|---|
REC182-0133 | 29 - Operational Health and Safety | FESA reviews its approach to safety and safety culture. |
Rec-ID | Code | Recommendation |
---|---|---|
REC181-0174 | 29 - Operational Health and Safety | The Country Fire Authority and the Department of Sustainability and Environment amend their procedures for investigating safety incidents and ‘near-misses’ to ensure that all dangerous incidents, including back-burns, are fully investigated and that all relevant people are consulted and informed of the results. |
REC181-0185 | 20 - Role of police | Victoria Police continue to pursue a coordinated statewide approach to arson prevention and regularly review its approach to ensure that it contains the following elements: ■ high-level commitment from senior police; ■ a research program aimed at refining arson prevention and detection strategies; ■ centralised coordination that includes comprehensive training, periodic evaluation of arson prevention strategies and programs, and promotion of best-practice prevention approaches; ■ a requirement that all fire-prone police service areas have arson prevention plans and programs, according to their level of risk. |
REC181-0160 | 20 - Role of police | The State clarify whether, during major fires, Victoria Police should discharge its coordination functions from the State Emergency Response Coordination Centre or from the State Control Centre. |
REC181-0176 | 29 - Operational Health and Safety | The Country Fire Authority and the Department of Sustainability and Environment adopt the title ‘safety officer’ (as opposed to ‘safety adviser’) and require without exception that a safety officer be appointed to every level 3 incident management team. |
Rec-ID | Code | Recommendation |
---|---|---|
REC177-3279 | 29 - Operational Health and Safety | Well construction and management plans, and drilling programs, should include provision for testing and verifying the integrity of all barriers as soon as practicable after installation. |
REC177-3294 | 29 - Operational Health and Safety | Perceived time and cost savings relating to any matters impacting upon well control should be subjected to rigorous safety assessment. |
REC177-3278 | 29 - Operational Health and Safety | Well construction and management plans should include provision(s) for reviewing the integrity of barriers at safety‐critical times or milestones, such as (i) prior to suspension involving departure of the rig from the platform; (ii) prior to re‐entry of a well after suspension; (iii) prior to removal of any barrier. |
REC177-3293 | 29 - Operational Health and Safety | If a dispute arises between a licensee and a rig operator in relation to a well control issue, and is not resolved between them, the matter must be raised with the relevant regulator before discretionary operations proceed. |
REC177-3369 | 6 - Insurance and legal liability | The obligation of companies involved in an incident to meet the full costs of monitoring and remediation should be made a condition of approval of proposals under the EPBC Act and OPGGS Act. Suitable arrangements (insurance or otherwise) need to be in place to ensure that companies have this capacity. |
REC177-3321 | 29 - Operational Health and Safety | Careful consideration must be given to equipment compatibility as part of well construction design. |
REC177-3288 | 29 - Operational Health and Safety | As soon as a risk of barrier failure arises, no other activities should take place in the well other than those directed to removal of the risk. |
REC177-3365 | 6 - Insurance and legal liability | The National Plan should specify that the cost of responding to an oil spill, or other damage to the offshore marine environment, will be totally met by the owner/operator. This would be consistent with the Inquiry’s recommendation for legislative changes to the regulatory framework concerning owner/operators meeting the cost of monitoring and remediation of environmental damage. |
REC177-3303 | 29 - Operational Health and Safety | Tracking and analysis of cementing problems/failures should occur to assess industry trends, principal causes, remedial techniques and so on. |
REC177-3282 | 29 - Operational Health and Safety | If a risk assessment or compliance review is triggered by the happening of a predetermined event, specific consideration should be given to whether a ‘hold point’ should be introduced such that work must cease until the problem is resolved (and the subject of appropriate certification). |
REC177-3310 | 6 - Insurance and legal liability | Consideration should be given to ways to ensure that contractors who are involved in barrier installation (such as cementing companies) have a direct interest in the performance of works to a proper standard. In particular, consideration should be given to (i) preventing contractors from avoiding the economic consequences of negligent installation of barriers; and/or (ii) imposing specific legislative standards of workmanship on contractors with respect to well control (similar to those which presently apply to licensees). |
REC177-3299 | 29 - Operational Health and Safety | Regulatory approval to rely on only one barrier should not be given unless (i) a proper risk assessment is carried out; (ii) exceptional circumstances exist; and (iii) risks involved are reduced to ‘as low as reasonably practicable’. The default position must be that well integrity must be assured. |
REC177-3281 | 29 - Operational Health and Safety | Wellbore gas bubbling should be regarded as a trigger for independent review of well integrity. Industry and regulators should identify and document other triggers. |
REC177-3295 | 29 - Operational Health and Safety | Wells drilled into hydrocarbon zones should be treated as live wells, with the potential to blowout unless a documented risk assessment establishes otherwise. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC165-0085 | 20 - Role of police | The Commissioner of Police, through a dedicated Assistant Commissioner (supported by a cohort of Assistant Commissioners to ensure adequate coverage), be assigned responsibility for overall control of each natural Disaster Management event in Queensland as the preferred arrangement. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC155-3481 | 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: |
Rec-ID | Code | Recommendation |
---|---|---|
REC149-3147 | 29 - Operational Health and Safety | As all stakeholders have responsibility for safe outcomes, decisions regarding target subjects for safety promotion need to have the support of all stakeholders including NOPSA and the workforce. Industry, which ultimately has the responsibility for managing risk as well as funding the promotion, should take a leadership role in implementation. |
REC149-3144 | 29 - Operational Health and Safety | The Safety Case proponent should be allowed some flexibility to involve appropriate experience matched with the proposed workforce competencies to enable the Safety Case to be developed with value adding processes. Subsequent to the hiring of the workforce Final Government Response Offshore Petroleum Safety Regulation Inquiry and 2008 Review of NOPSA Operational Activities and preferably before the commencement of operations a review of the Safety Case should take place with the new workforce to ensure they understand the accepted Safety Case, its risks and Safety Management Plan. |
REC149-3135 | 29 - Operational Health and Safety | The initial acceptance of a new facility Safety Case should be in conjunction with inspection of a facility upon commencement of operations. |
REC149-3128 | 29 - Operational Health and Safety | National Offshore Petroleum Safety Authority (NOPSA) should develop guidelines in consultation with stakeholders to provide clarity and consistency to the process which ultimately will result in better safety outcomes. |
Rec-ID | Code | Recommendation |
---|---|---|
REC145-3212 | 6 - Insurance and legal liability | The Committee recommends that the Australian Government request the Productivity Commission to undertake an inquiry into the projected impacts of climate change and related insurance matters, with a particular focus on: |
Rec-ID | Code | Recommendation |
---|---|---|
REC140-3558 | 6 - Insurance and legal liability | DHHS need to confirm adequate accident insurance coverage for staff working in retrieval medicine. Coverage specific to helicopter and fixed wing duties is required. |
Rec-ID | Code | Recommendation |
---|---|---|
REC121-3754 | 29 - Operational Health and Safety | The RailCorp Board should ensure that RailCorp has an adequate and integrated safety management system, including adequate systems for risk assessment, clearly defined safety responsibilities and accountabilities for persons holding management positions, and specific performance criteria against which evaluations can be made of safety performance and accountability for safety performance of all managers. |
REC121-3709 | 29 - Operational Health and Safety | RailCorp should provide access to electronic versions of safety documentation for all operational staff at their workplace. |
REC121-3734 | 29 - Operational Health and Safety | RailCorp should integrate its management of occupational health and safety into its overall safety management. |
REC121-3740 | 29 - Operational Health and Safety | The internal passenger emergency door release should be fitted with a facility which prevents it from operating unless the train is stationary. |
REC121-3680 | 29 - Operational Health and Safety | All trains must be fitted with a minimum of two independent engineering defences to minimise the risk of derailment or collision in the event of train driver incapacitation. |
REC121-3749 | 29 - Operational Health and Safety | All new rolling stock must be designed with an area of the roof through which emergency services personnel can access a rail car without encountering wiring or other equipment. That access point must be clearly marked with words such as “emergency services cut here”. |
REC121-3707 | 29 - Operational Health and Safety | The safety document management system should provide for the distribution of electronic versions of safety documentation to relevant staff. |
REC121-3733 | 29 - Operational Health and Safety | RailCorp’s approach to occupational health and safety should be proactive and involve the systematic analysis of all current hazards, risks and controls and an assessment of their adequacy to reduce the risk of injury to, or death of, employees to an acceptable level. |
REC121-3739 | 29 - Operational Health and Safety | All passenger trains operating in New South Wales must be fitted with external emergency door releases which do not require any special key or other equipment to operate. |
REC121-3748 | 29 - Operational Health and Safety | All new rail cars must have appropriate signage and lighting identifying escape routes in the case of emergency. |
REC121-3706 | 29 - Operational Health and Safety | RailCorp should establish a comprehensive safety document management system. |
REC121-3732 | 29 - Operational Health and Safety | If ITSRR accepts such a plan as an appropriate response to the existing weak safety culture, ITSRR should approve it and monitor the effectiveness of the plan. |
REC121-3764 | 29 - Operational Health and Safety | The ITSRR should not grant accreditation to any rail organisation unless it has an integrated safety management system in accordance with any safety management system regulation and the guidelines published from time to time by ITSRR. |
REC121-3738 | 29 - Operational Health and Safety | All passenger trains must be fitted with an internal passenger emergency door release. |
REC121-3747 | 29 - Operational Health and Safety | All trains should have windows available through which passengers can escape. |
REC121-3703 | 6 - Insurance and legal liability | Alcohol and drug testing should be mandatory for any train driver or guard involved in any accident or incident. |
REC121-3702 | 29 - Operational Health and Safety | Random alcohol testing should be continued. |
REC121-3731 | 29 - Operational Health and Safety | RailCorp should develop a plan to be submitted to ITSRR to address the deficiencies in the safety culture of RailCorp, including: |
REC121-3759 | 29 - Operational Health and Safety | A Safety Reform Program Director (hereafter referred to as SRPD), reporting directly to the Chief Executive of RailCorp, should be retained to manage, as head of a Safety Reform Program Office, any safety reform program being undertaken by RailCorp. The SRPD should work with the Chief Executive and senior management to ensure the implementation of an integrated safety management system and the cultural change required. The SRPD must have qualifications suitable for recognition by the Australian Institute of Project Management as a master program director. He or she should report to and be under the control of the Chief Executive, to ensure that the accountability of the Chief Executive is not reduced. The SRPD should co-ordinate and integrate any existing rail safety reform programs and, in consultation with and with the authority of the Chief Executive he or she should: |
REC121-3664 | 20 - Role of police | The location of the command post for site control at the scene of any rail accident should be identified by NSW Police by a distinctive flashing light. |
REC121-3737 | 29 - Operational Health and Safety | There must be a minimum of two independent methods of self-initiated emergency escape for passengers from all trains at all times. |
REC121-3743 | 29 - Operational Health and Safety | All passenger trains operating in New South Wales must have the external emergency door release clearly marked with the words “Emergency Door Release”. |
REC121-3682 | 29 - Operational Health and Safety | All new rolling stock should be designed to be compatible with at least level 2 automatic train protection discussed in chapter 7 of this report. |
REC121-3711 | 29 - Operational Health and Safety | The ITSRR should establish an electronic document control system to enable effective and reliable information to be gathered for monitoring the safety of the New South Wales rail system. |
REC121-3755 | 29 - Operational Health and Safety | The RailCorp Board should require a full review of the safety competence of RailCorp managers to ensure that each has the ability to bring about those safety reforms recommended in this report which are applicable to his or her position. |
REC121-3735 | 29 - Operational Health and Safety | Risk assessments of occupational health and safety issues by RailCorp should include an analysis of broader public safety risks and not be confined to narrow occupational health and safety issues. |
REC121-3741 | 29 - Operational Health and Safety | The operation of the train doors should have an override facility whereby the train driver or the guard can override an internal passenger emergency door release system if the door release is interfered with when there is no emergency. There should be an alarm, together with an intercom, in the train guard’s compartment so that, if a passenger attempts to initiate an emergency door release, there is an appropriate delay during which time an alarm sounds in the train guard’s compartment and the guard can then, after first attempting to speak via the intercom to the person concerned, if necessary, override the door release, and make an appropriate announcement over the intercom system in the train. |
REC121-3681 | 29 - Operational Health and Safety | RailCorp should progressively implement, within a reasonable time, level 2 automatic train protection with the features identified in chapter 8 of this report. |
Rec-ID | Code | Recommendation |
---|---|---|
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 |
REC104-2217 | 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. |
REC104-2270 | 29 - Operational Health and Safety | That DSE and CFA continue to stress firefighter safety as their highest priority for incident managers and fire ground supervisors |
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. |
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. |
REC098-2183 | 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 |
REC098-2151 | 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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
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_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_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_3972 | 40 - Equipment and consumables | To recommend to shire councils the purchase of fire carts and necessary equipment for fire fighting. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC008-3988 | 40 - Equipment and consumables | The Commission recommends that buckets of sand or other apparatus for extinguishing fire be kept in any chamber where high powered electricity is used. |
Rec-ID | Code | Recommendation |
---|---|---|
REC004-3997 | 40 - Equipment and consumables | That suitable metal receptacles be fitted under the spittoons of all smoking compartments of country trains, to receive pipe ashes, lighted tobacco, cigars, cigarettes, matches, or other inflammable matter used by smokers. |