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: |
REC324-4294 | 34 - Local knowledge | Environment: That, to maximise protection for the environment in and around floodplains, Government, working with local communities especially Indigenous communities, the NSWRA, other agencies and local councils ensure Indigenous voices are well heard in land use planning and natural resource management by: |
Rec-ID | Code | Recommendation |
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REC323-4264 | 34 - Local knowledge | That the NSW Government work in partnership with key Aboriginal stakeholders, including the Jali Local Aboriginal Land Council, to prioritise the rebuild of Cabbage Tree Island, and ensure a safe and resourced evacuation plan is in place. |
REC323-4265 | 34 - Local knowledge | That the NSW Government work with First Nations peoples to support Aboriginal organisations in their capacity to operate and respond in times of natural disasters. |
REC323-4275 | 34 - Local knowledge | That the NSW Government, in partnership with community groups, including First Nations groups, develop initiatives to build community resilience, particularly in regions at high risk of future natural disaster events. |
REC323-4276 | 34 - Local knowledge | That the NSW Government ensure that community groups, both existing and emerging, including First Nations groups, are well integrated into disaster recovery, by incorporating them into state recovery plans and engaging with them in between and in the lead up to natural disasters. |
REC323-4287 | 34 - Local knowledge | That the NSW State Emergency Service, in partnership with the Bureau of Meteorology, investigate ways in which local communities and local media with local knowledge can play a stronger role in flood predictions and warnings. |
Rec-ID | Code | Recommendation |
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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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REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
Rec-ID | Code | Recommendation |
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REC295-1305 | 18 - Access to fire ground | That the annexure to the State Emergency Management Plan, ‘Traffic management during emergencies’, be updated to include: responsibilities and processes for road closures; and, Department of Planning, Transport and Infrastructure requirements in regards to provision of road closure information, notification of changes in road closure status and publishing of that information. |
Rec-ID | Code | Recommendation |
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REC291-1246 | 18 - Access to fire ground | The State Emergency Management Committee to review the policy for traffic management at emergency incidents so it reflects national ‘best practice’. This includes the production and issuing of an aide-memoire to guide traffic management, emergency and incident management personnel. |
REC291-1245 | 18 - Access to fire ground | The Department of Fire and Emergency Services to issue a photo identification card to DFES members, members of Bush Fire Brigades, volunteer emergency services, Incident Management Teams, forestry industry brigade members and Networked Government Emergency Agency members. DFES also to consider temporary windscreen signage to identify vehicles carrying such personnel. |
Rec-ID | Code | Recommendation |
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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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REC273-1142 | 18 - Access to fire ground | That SACFS consider the Traffic Management Procedures and guiding principles adopted in Tasmania as a model that could be implemented within SA. |
Rec-ID | Code | Recommendation |
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REC261-1517 | 6 - Insurance and legal liability | That the Office of State Revenue investigate mechanisms to enhance the affordability of insurance for properties and assets in fire affected areas. |
REC261-1509 | 34 - Local knowledge | That the NSW Rural Fire Service, in order to ensure greater respect for volunteer fire fighters’ knowledge and experience in the management of fires: |
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. |
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. |
REC258-2544 | 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 |
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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. |
REC247-0899 | 18 - Access to fire ground | That appropriate plans are made to mobilise resources quickly to re-open roads affected by emergencies. |
REC247-0885 | 18 - Access to fire ground | That arrangements are made for and appropriate pre-planning occurs to effectively implement the policy on road closures and traffic management. |
REC247-0875 | 34 - Local knowledge | That Tasmania Fire Service reviews its integration of rural local knowledge and volunteer brigades into fire operations, develops and maintains appropriate strategies, and aims to be a best-practice fire service in this regard. |
REC247-0884 | 18 - Access to fire ground | That Tasmania Police reviews its Emergency Traffic Management Points policy; and develops a multi-agency policy in the emergency management plans for road closures and traffic management, including clarity in decision making, coordination and sufficient operational flexibility. |
REC247-0857 | 2 - Emergency powers | That the Tasmania Emergency Management Plan enable, and all organisations with a role in emergency management activate, emergency plans at lower threshold events to practice their arrangements and achieve a ‘hot start’ in escalating events. |
REC247-0865 | 34 - Local knowledge | That Tasmania Fire Service reviews its position on using local experienced officers on the fire ground in the command model in a structured and systemic way. |
REC247-0856 | 2 - Emergency powers | That the Government reconsider the current position on emergency declarations in the Emergency Management Act 2006 and the Act is amended to provide: • a graduated scale of emergency declarations; • the ability to make a declaration when an emergency has occurred, is occurring or is about to occur; • the ability for the State Controller (or whatever the person in overall control of response and recovery operations is called) to make one or more declarations; • a declaration to enable access to all emergency powers. |
REC247-0863 | 34 - Local knowledge | That Tasmania Fire Service considers measures to bring local knowledge into Incident Management Team operations. |
REC247-0906 | 18 - Access to fire ground | That emergency management plans recognise the need to provide priority access to areas of emergency operations for critical infrastructure providers. |
Rec-ID | Code | Recommendation |
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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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REC239-2781 | 34 - Local knowledge | That the current provisions enabling there to be a Ministerial Direction be maintained and actioned as the Minister sees fit. |
Rec-ID | Code | Recommendation |
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REC236-2783 | 2 - Emergency powers | The committee recommends that the Australian Transport Safety Bureau retrieve VH-NGA flight data recorders without further delay. |
Rec-ID | Code | Recommendation |
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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 |
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REC223-0519 | 34 - Local knowledge | The Department of Environment and Conservation review its practices and procedures in the undertaking of prescribed burns so as to fully utilise the skills available to it in a seamless way including but not limited to: · volunteer bushfire brigades, especially in regard to use as a source of local advice; and · staff of the Fire and Emergency Services Authority of Western Australia. |
Rec-ID | Code | Recommendation |
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REC217-1833 | 34 - Local knowledge | Local knowledge on the management and ongoing maintenance of waterways, including vegetation clearing and debris removal, needs to be incorporated in the development of regional flood mitigation strategies and local flood plans. Specifically: |
REC217-1844 | 34 - Local knowledge | Public authorities such as councils and CMAs should continue to seek local knowledge in relation to flood management issues. In particular, councils will collaborate with VICSES and other key stakeholders in reviewing the system of flood wardens. Roles and responsibilities of flood wardens, and the process for their recruitment, should be formalised and clearly articulated in relevant flood management plans. |
REC217-1841 | 34 - Local knowledge | The state government establish a well coordinated and formalised system for the reading of river gauges by local people, including flood wardens. Furthermore, the knowledge of local people in predicting flood heights and impacts should be considered by emergency management agencies when predicting floods. |
Rec-ID | Code | Recommendation |
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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 |
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REC204-1920 | 6 - Insurance and legal liability | The Attorney General gives urgent consideration to determining an ex gratia payment for: |
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: |
Rec-ID | Code | Recommendation |
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REC202-0501 | 2 - Emergency powers | The Minister for Emergency Services amend section 50 of the Emergency Management Act 2005 by June 2012 to allow the State Emergency Coordinator, as well as a hazard management agency, to make an emergency situation declaration. |
Rec-ID | Code | Recommendation |
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REC200-0369 | 18 - Access to fire ground | The Western Australian Police and the Fire and Emergency Services Authority jointly examine the Traffic Management System developed in response to the 2009 Victorian bushfires and seek its adaptation to use in WA with additional attention to the access and egress by bona fide residents to areas that are evacuated. |
REC200-0381 | 2 - Emergency powers | The State Government amend section 50 of the Emergency Management Act 2005 to allow the Chair of the State Emergency Coordination Group to declare an emergency situation. |
REC200-1724 | 6 - Insurance and legal liability | Emergency Management Western Australia develop mechanisms to calculate the estimated total cost of a fire to the community. |
Rec-ID | Code | Recommendation |
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REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
REC199-0492 | 34 - Local knowledge | the state comprehensively pursue the objective of achieving (where possible) the priority outcomes of the National Strategy for Disaster Resilience and the imperative of shared responsibility, in particular by: • requiring that local knowledge is considered as a critical component of all phases of emergency management • involving local communities in the development and ownership of community resilience plans based on an ‘all hazards’ approach and tailored for the specific needs of each community • encouraging local communities to form resilience committees to develop and administer community resilience plans • nominating Victoria Police as the lead agency in initiating the strategy to develop community resilience committees; and • requiring emergency service agencies to consult and engage with local community resilience committees in the preparation, planning, response and recovery phases of emergency management. |
REC199-0421 | 34 - Local knowledge | the state take the necessary measures to require that local knowledge is considered in flood risk planning, including verification of flood maps and flood response plans. |
REC199-0476 | 6 - Insurance and legal liability | the Department of Planning and Community Development examine strategies to address and clarify insurance coverage of community volunteers in emergency events |
REC199-0444 | 2 - Emergency powers | the state, as a matter of urgency, develop a multi-agency Incident Control Team capability to be readily available for statewide deployment to establish incident control or to relieve functioning control structures. |
Rec-ID | Code | Recommendation |
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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 |
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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. |
REC185-1930 | 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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REC177-3369 | 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. |
REC177-3345 | 2 - Emergency powers | NOPSA’s prohibition powers should be extended such that a prohibition notice can be issued where a NOPSA Occupational Health and Safety Inspector believes, on reasonable grounds, that an activity is occurring or may occur at a facility involving an immediate threat to the health or safety of a person. |
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. |
REC177-3310 | 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). |
Rec-ID | Code | Recommendation |
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REC165-0086 | 2 - Emergency powers | Suggested escalation trigger points be discussed with District Disaster Coordinators and Local Disaster Coordinators, and if considered practical and useful, be incorporated in Local, District and State Disaster Management Plans. |
REC165-0081 | 2 - Emergency powers | District and State levels utilise the current Act to make pre-emptive declarations of a disaster event (likely disasters) so as to be proactive in leading and controlling disaster events. All levels of the system should immediately notify other levels if they activate the Disaster Management arrangements. The Public Safety Preservation Act 1986 be amended to provide powers for Police Officers to provide an immediate response in the event of a rapid onset disaster event such as a landslide. |
Rec-ID | Code | Recommendation |
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REC155-3481 | 6 - Insurance and legal liability | That the Victorian Government establish a clear and consistent Bushfire Fencing Policy for damage caused by all future bushfires and prescribed burns. The Bushfire Fencing Policy should include the following provisions: |
REC155-3471 | 6 - Insurance and legal liability | That the Victorian Government replace or compensate for water taken from domestic, stock and irrigation dams, or water needed for essential use, in the event of a fire, regardless of where the bushfire starts. |
Rec-ID | Code | Recommendation |
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REC151-3079 | 2 - Emergency powers | Crown Law opinion be obtained to determine whether the FES Act gives the Minister power to direct and control individual Chief Officers and if that provision does not exist then the FES Act be amended to include that power. |
REC151-3107 | 2 - Emergency powers | Immunity be prescribed for persons (including volunteers) using force in the exercise of a power or function under the FES Act or carrying out any direction or requirement given or imposed at the scene of a fire or other emergency. |
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: |
Rec-ID | Code | Recommendation |
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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 |
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REC128-3600 | 34 - Local knowledge | The Department of Primary Industries continue to consult local community about emergency planning and sites for disposal to retain confidence in the event of a genuine emergency. |
Rec-ID | Code | Recommendation |
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REC122-3784 | 34 - Local knowledge | The Committee recommends that the government provide authority to a single community representative body to authorise clearing of native vegetation for fire management. (The community representative body must incorporate the CFS, DEH, Native Vegetation Council and local council) |
Rec-ID | Code | Recommendation |
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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. |
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. |
REC098-2157 | 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. |
REC098-2168 | 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 |
REC098-2183 | 6 - Insurance and legal liability | Further to recommendation 21 in Chapter 4, the Committee recommends that the Commonwealth seeks to ensure that the proposed Council of Australian Governments review of the bushfire management, initiate |
REC098-2175 | 6 - Insurance and legal liability | The Committee recommends that insurance companies ensure that potential and existing policyholders are aware of the need to regularly review their insurance policies to prevent undervaluing. This could be done through renewal notices and quarterly reminders. This should include a list of bushfire risk reduction measures that policyholders can implement to decrease the cost of their premium. |