Inquiry Search
Rec-ID | Code | Recommendation |
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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. |
REC258-2550 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness. |
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. |
Rec-ID | Code | Recommendation |
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REC256-1558 | 37 - Funding | Funding to state and territory governments for community recovery should be provided as untied grants, with a transition period pending the development of a framework to assess community recovery costs. During the transition period, the Australian Government should continue to provide funding for community recovery through a reimbursement model. |
REC256-1577 | 37 - Funding | The Australian Government should develop a formula for allocating mitigation funding to state and territory governments on the basis of where such funding is likely to achieve the greatest net benefits, taking into account the future risks of natural disasters. This should be completed within five years and in consultation with state and territory governments. |
REC256-1557 | 37 - Funding | Where asset management plans at the local, state or territory level pre-identify and cost betterment of assets (improving asset resilience to natural disasters), the Australian Government should share 50 per cent of the betterment component of reconstruction costs following damage from a (eligible) natural disaster. |
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. |
REC256-1556 | 37 - Funding | The Australian Government should fund natural disaster recovery by: |
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: |
REC256-1560 | 37 - Funding | The Australian Government should: |
REC256-1559 | 37 - Funding | The Australian Government should gradually increase the amount of annual mitigation funding it provides to state and territory governments to $200 million. Initially, this funding should be distributed to state and territory governments in accordance with the allocation under the National Partnership Agreement on Natural Disaster Resilience. |
Rec-ID | Code | Recommendation |
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REC236-2791 | 37 - Funding | The committee recommends that the government develop a process by which the ATSB can request access to supplementary funding via the minister. |
Rec-ID | Code | Recommendation |
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REC233-1592 | 8 - Communications and warnings | Department of Broadband, Communications and the Digital Economy will work with the Communications Sector Group within the Trusted Information Sharing Network to develop best practice guidance for owners of critical communications infrastructure regarding public messaging during a prolonged telecommunications outage covering: |
REC233-1604 | 8 - Communications and warnings | Governments and other stakeholders consider reviewing their existing emergency management arrangements to ensure public communications are clear and the public is kept informed of the incident response. |
REC233-1603 | 8 - Communications and warnings | Department of Broadband, Communications and the Digital Economy (DBCDE) to work with the Triple Zero Awareness Work Group through Australian Communications and Media Authority's (ACMA) Emergency Service Advisory Committee to review Triple Zero awareness messages with regard to telecommunications outages. |
Rec-ID | Code | Recommendation |
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REC232-2823 | 8 - Communications and warnings | The Australian Government, in consultation with consumers and other relevant federal, state and territory agencies, develop a national communication strategy for consumers to be used in the event of an infectious disease outbreak. |
Rec-ID | Code | Recommendation |
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REC230-2835 | 37 - Funding | The committee recommends that the Australian Government direct an appropriate portion of the proceeds derived from the auction of spectrum to fund the allocation of 20 MHz of spectrum in the 700 MHz band for the purposes of a national public safety mobile broadband network. |
Rec-ID | Code | Recommendation |
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REC207-2892 | 37 - Funding | Apply a consistent cost-recovery model to all services delivered to state/territory fire agencies. |
REC207-2890 | 37 - Funding | Review and rebalance relative investment in long term climate modelling and medium-term seasonal outlook. |
REC207-2889 | 37 - Funding | Review level of investment in research activities to free up budget and reduce pressure on computing capacity |
REC207-2879 | 37 - Funding | Firm up approval processes and funding for any departures from provision of the basic product set |
REC207-2877 | 37 - Funding | Explore opportunities to re-phase investments in large scale projects and programs such as the Strategic Radar Enhancement Program, the NexGen Forecast and Warning System Products and the Improving Water Information Program. |
REC207-2893 | 37 - Funding | Explore options to obtain revenue from advertising on the Bureau’s website |
Rec-ID | Code | Recommendation |
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REC206-1892 | 37 - Funding | The Committee recommends that the Australian Government allocate additional and continuing funding in the 2012–2013 budget to the Insurance Law Service to establish a consumer advisory position at the Financial Services Ombudsman. The position should be co-funded by the Insurance Law Service and the insurance industry. |
REC206-1891 | 37 - Funding | The Committee recommends that the Australian Government and relevant State and territory governments jointly allocate additional and continuing funding in the 2012–13 budget to the Insurance Law Service for the mobilisation of a temporary physical presence in areas of need following natural disasters. The service should be available to all persons in an affected disaster area and not subject to means-testing. |
Rec-ID | Code | Recommendation |
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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. |
REC205-1906 | 6 - Insurance and legal liability | Governments should not subsidise household or business property insurance, whether directly or by underwriting risks. |
Rec-ID | Code | Recommendation |
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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: |
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. |
Rec-ID | Code | Recommendation |
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REC186-0399 | 8 - Communications and warnings | The committee recommends the government consider granting public broadcasters priority access to fuel during times of emergency for the purpose of broadcasting emergency warnings and information, and in a way that does not impede the ability of emergency service organisations to access fuel. |
Rec-ID | Code | Recommendation |
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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. |
REC185-1931 | 37 - Funding | The committee recommends that the Commonwealth Grants Commission ensures that as part of the current redesign of its data request, state and territory governments are required to include their past insurance and reinsurance receipts for natural disaster insurance premiums. These data must be taken into account by the Commission in determining the states' GST share. |
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 |
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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). |
REC177-3369 | 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. |
REC177-3365 | 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. |
REC177-3364 | 37 - Funding | The funding arrangements that support the National Plan should be reviewed to ensure that the costs associated with both preparedness and response capability are equitably shared between the shipping and offshore petroleum industries. |
REC177-3360 | 42 - Culture and Heritage | DEWHA should participate in training programs and exercises relevant to an oil spill in the marine environment. |
Rec-ID | Code | Recommendation |
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REC176-0144 | 37 - Funding | Further Commonwealth funding for bushfire suppression be made conditional on state fire agencies agreeing to the Commonwealth evaluating and auditing their fuel reduction programs. |
REC176-0143 | 8 - Communications and warnings | The Commonwealth Government work with the states and their agencies to ensure consistent terminology is used when communicating with the public. |
REC176-0147 | 5 - Hazard reduction burns | The Commonwealth encourages further research into prescribed burning and its effectiveness and into alternative bushfire mitigation approaches through improved bushfire risk understanding at the asset level. |
Rec-ID | Code | Recommendation |
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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: |
REC145-3207 | 37 - Funding | To further enhance Australia’s disaster mitigation, preparedness, response and recovery arrangements in the event of possible major coastal disasters, the Committee recommends that the Australian Government establish a grants program, the Coastal Natural Disaster Mitigation Program, to fund natural disaster mitigation projects in the Australian coastal zone. |
REC145-3236 | 37 - Funding | The Committee recommends that the Australian Government provide funding support for the ongoing activities of the Australian Coastal Alliance in providing a national information and communication interface between research organisations and local government authorities and other coastal stakeholders. |
REC145-3200 | 37 - Funding | The Committee recommends that the Australian Government: |
REC145-3232 | 37 - Funding | The Committee recommends that the Australian Government give consideration to establishing a separate funding program for infrastructure enhancement in coastal areas vulnerable to climate change. Such funding should be provided according to a formula requiring contributions, either financial or in-kind, from state governments and relevant local government authorities. |
REC145-3231 | 22 - Role of local Gvt | The Committee recommends that the Australian Government request that the Centre for Excellence for Local Government ensure a particular focus on capacity building for coastal local councils. Capacity building should focus on addressing issues relating to: |
REC145-3228 | 42 - Culture and Heritage | The Committee recommends that the Australian Government, in consultation with Indigenous Australians and other coastal stakeholders, commission work to provide a national repository identifying Indigenous and non-Indigenous cultural heritage sites in vulnerable coastal areas. |
Rec-ID | Code | Recommendation |
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REC098-2172 | 6 - Insurance and legal liability | The Committee recommends that taxes on insurance premiums be calculated only on the premium in order to eliminate the current cascading cost. |
REC098-2171 | 37 - Funding | The Committee strongly recommends that the New South Wales, Victorian and Tasmanian Governments abolish the Fire Levy tax they impose on home and business insurance premiums (wherever applicable), making it payable through household rates instead. Any cost savings gained by the insurance industry through relief from collecting Fire Levies should be passed on to policyholders through reduced premiums. At the same time the Committee urges the Insurance Council of Australia to run ongoing education campaigns to increase public awareness on bushfire preparedness, including the need for insurance. |
REC098-2169 | 37 - Funding | The Committee recommends that, for the purpose of communications for the police, ambulance and fire brigades, any rental costs associated with the use of radio sites under the care, control or management of the Commonwealth, state, territory or local government be waived, other than for the ongoing cost associated with the use of power at the site. |
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 |
REC098-2158 | 37 - Funding | The Committee recommends that the Commonwealth should commit funding for aerial fire fighting beyond the 2003–04 season on the proviso that the Australasian Fire Authorities Council and the state and territory governments make a commitment to: |
REC098-2181 | 11 - Evacuation and shelters | The Committee recommends that the Australasian Fire Authorities Council’s suggested evacuation protocol be adopted by all of the Australian States and Territories. |
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. |
REC098-2175 | 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. |
REC098-2142 | 5 - Hazard reduction burns | The Committee recommends that the Commonwealth seek to ensure that the Council of Australian Governments seek agreement from the states and territories on the optimisation and implementation of prescribed burning targets and programs to a degree that is recognised as adequate for the protection of life, property and the environment. The prescribed burning programs should include strategic evaluation of fuel management at the regional level and the results of annual fuel management in each state should be publicly reported and audited. |
Rec-ID | Code | Recommendation |
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REC037-4164 | 22 - Role of local Gvt | The role of local government in counter—disaster affairs be clearly defined and formalised by legislation. Local government authorities would then be fully aware of their responsibilities and of their entitlement to financial and other counter—disaster resources from State Government level. [Reference paragraphs: 232 to 233] |