Inquiry Search
Rec-ID | Code | Recommendation |
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REC324-4311 | 33 - Relief and recovery | Transition initiatives: That, to improve the community’s experience during immediate disaster recovery phase, Government through the SEOCON, NSWRA, DCS/Service NSW and other state agencies as required provide greater support (financial, health [including mental health], temporary accommodation, administrative and other support services) to affected communities by: |
REC324-4297 | 33 - Relief and recovery | Housing , especially social housing: That, to ease housing stress in flood prone areas and ensure new development is resilient and community-centred, Government pursue a multi-pronged, decadal strategy through: |
Rec-ID | Code | Recommendation |
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REC323-4269 | 33 - Relief and recovery | That the NSW Government address the mental health needs of local communities following the February-March 2022 floods by: • embedding within state emergency and recovery plans a strategy that provides surge capacity for mental health and social workers by: • prioritising funding for community groups that are currently providing social and mental health support to their local communities • ensuring all flood-impacted communities receive the mental health support they need to fully recover. |
REC323-4289 | 33 - Relief and recovery | That the NSW Government ensure that all emergency and recovery plans, including state plans, local emergency management plans and functional area plans, are reviewed and updated regularly and provide clarity on the role of non-government partners. |
REC323-4271 | 33 - Relief and recovery | That Service NSW establish teams of assessors that can be on the ground to assess and approve grant applications. |
REC323-4273 | 33 - Relief and recovery | That the NSW Government overhaul the way in which it conducts its grants process as it frustrated applicants and further traumatised them by repeatedly re-interviewing them and making them prove that they were flooded. |
REC323-4277 | 33 - Relief and recovery | That the NSW Government develop a more proactive, rapid response to manage animal welfare following natural disasters which includes improved collaboration and communication with local veterinarians and animal welfare organisations. |
REC323-4262 | 33 - Relief and recovery | That the NSW Government provide an increased level of targeted support to flood affected communities contending with widespread mould. |
Rec-ID | Code | Recommendation |
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REC315-3817 | 5 - Hazard reduction burns | That Government, noting that hazard reduction targeted in proximity to assets is on balance more likely to provide help than hinder, should: |
REC315-3816 | 5 - Hazard reduction burns | That Government re-commit to the current, regionally based approach to planning and coordinating hazard reduction activities across all tenures through Bush Fire Management Committees but ensure that it is actually being implemented at a high-level of quality across NSW. Getting it to a high-level of quality requires: |
REC315-3868 | 33 - Relief and recovery | That, in order to ensure people only need to tell their story once to access government agency support following an emergency, Resilience NSW and Service NSW jointly design an inclusive, person-centred approach to information collection at evacuation centres. This should be supported by an opt-in scheme enabling personal information to be shared between NSW government agencies, local councils and non-governmental organisations administering support services for disaster-affected people. |
Rec-ID | Code | Recommendation |
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REC002-4013 | 19 - Offences | Infringement of the regulations by either party should be followed by a summary form of justice, instituted before two Magistrates. |
REC002-4002 | 19 - Offences | Where safety-lamps are necessary - gas being present for (say) one month after being found in dangerous quantity - they should be securely locked by a man duly appointed, and tampering with them must be punishable by a simple and inexpensive process of law. |
Rec-ID | Code | Recommendation |
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REC292-2360 | 2 - Emergency powers | I recommend that the Commissioner of Police consider seeking an agreement with news media outlets whereby the New South Wales Police Force will establish a way for such outlets to rapidly and confidentially determine whether publishing specific material could compromise the response to an ongoing high-risk incident and the media in turn will agree not to publish such material without first alerting a nominated senior police officer of their intention to do so. |
REC292-2381 | 21 - Role of Commonwealth Government | I recommend that ASIO liaise with the Fixated Threat Assessment Centre with a view to both agencies cooperating in the identification, assessment and management of fixated, radicalised individuals. |
REC292-2339 | 19 - Offences | I recommend that the Law, Crime and Community Safety Council develop a mechanism to ensure that all information on criminal history (including bail) that is relevant to the investigation and prosecution of criminal offences is readily accessible to police and prosecutors across all Australian jurisdictions. |
REC292-2378 | 21 - Role of Commonwealth Government | I recommend that: the Commonwealth Attorney-General and ASIO confer with the Australian Psychological Society regarding the restrictions in clause A 5 2 of the Code of Ethics (2007) with respect to radicalisation, terrorism and politically motivated violence; and the Australian Psychological Society consider amending clause A 5 2 of the Code of Ethics (2007) to enable psychologists to report risks of a terrorist nature. |
REC292-2377 | 21 - Role of Commonwealth Government | I recommend that the Commonwealth Attorney-General liaise with ASIO to develop a policy to ensure that where correspondence is received by a government agency, minister or public office holder, from a non government entity, and that correspondence is relevant to the security assessments of the author, the correspondence be referred to: ASIO; and a Fixated Threat Assessment Centre. |
Rec-ID | Code | Recommendation |
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REC291-1237 | 5 - Hazard reduction burns | The Department of Fire and Emergency Services, utilising the Office of Bushfire Risk Management, to develop a simplified and fast track hazard reduction burn (and other fuel mitigation techniques) planning and approval process to ensure the timely conduct of township and asset protection burns by Bush Fire Brigades and individual property owners. The process is to be agile and adaptable for the range of stakeholders which may participate in low risk, small scale, low complexity burn planning and approvals. |
REC291-1235 | 5 - Hazard reduction burns | The Department of Parks and Wildlife to continue emphasis on landscape hazard reduction burning with the annual objective of treating 140,000 hectares per annum in Land Management Zone C. In combination with Recommendation 2 (above) the strategic objective will be that a fuel age of less than six years will be maintained across 45% of the landscape on State Forest, National Parks and other Parks and Wildlife managed lands in the South West and Perth Hills. This will address the current backlog (created from under achievements of the recent two decades of burn programs) by the end of the 2020-2021 burning season (i.e. within the next 5 years). |
REC291-1234 | 5 - Hazard reduction burns | The Department of Parks and Wildlife to plan for the highest priority hazard reduction burning effort around settlements and critical assets in the South West and Perth Hills. The annual objective is to treat a total of 60,000 hectares of priority hazard reduction per annum, comprising 20,000 hectares per annum of Land Management Zone A and 40,000 hectares per year of Land Management Zone B. |
Rec-ID | Code | Recommendation |
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REC281-1207 | 33 - Relief and recovery | Communicating in Recovery: The Office of Emergency Management: · considers the development of a communications and engagement strategy for major disaster events · progresses the development of the ‘Communicating In Recovery’ Guideline in the Local Recovery Toolkit. |
REC281-1206 | 33 - Relief and recovery | Transition from Response to Recovery: That Region Emergency Management Committees meet post event to: · consider available impact data · determine the need to establish a Recovery Committee · document the rationale for the decision · advise the Office of Emergency Management of the decision. |
REC281-1204 | 33 - Relief and recovery | Transition from Response to Recovery That the Office of Emergency Management, in consultation with the NSW Police Force Emergency Management Unit develops a template for handover of the Response to Recovery Phase of an emergency. |
Rec-ID | Code | Recommendation |
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REC280-1378 | 5 - Hazard reduction burns | That the NSW Rural Fire Service: -improve accountability in relation to the implementation of bush fire risk management plans as a means of delivering more hazard reduction. |
REC280-1377 | 5 - Hazard reduction burns | That the NSW Rural Fire Service, in collaboration with the NSW National Parks and Wildlife Service, review and improve the system of bush fire management zones to ensure that greater priority is given to hazard reduction on land classified within land management zones. |
REC280-1376 | 5 - Hazard reduction burns | That the NSW National Parks and Wildlife Service establish a regime of frequent mosaic burning within the Warrumbungle National Park, where conditions permit, to be monitored and evaluated via a formal fully funded research program. This program should then inform the Service’s approach to the wider national park estate. |
REC280-1375 | 5 - Hazard reduction burns | That the NSW Government commit to and fund a long term program of prescribed burning based on the recommendation of the 2009 Victorian Bushfires Royal Commission of an annual rolling target of a minimum of five per cent of public land per year, and that the NSW Government commit to extending the funding for the National Parks and Wildlife Service five year hazard reduction program past 2016. |
Rec-ID | Code | Recommendation |
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REC267-1148 | 33 - Relief and recovery | Planning for Recovery Centres Recovery Centres are a proven means of providing support to affected communities. More comprehensive recovery planning is needed at local levels, including the identification of potential Recovery Centre sites in Local EM Plans to help facilitate streamlined establishment of the Centres in future events. Consideration should be given to developing a clear set of standard messaging regarding |
REC267-1163 | 33 - Relief and recovery | Corrections Volunteer Labour Teams |
REC267-1161 | 33 - Relief and recovery | VIP Visits |
REC267-1160 | 33 - Relief and recovery | Transition from Response to Recovery |
REC267-1156 | 33 - Relief and recovery | Streamlining NDRRA Grants Processes |
REC267-1155 | 33 - Relief and recovery | MP Recovery Reference Group |
Rec-ID | Code | Recommendation |
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REC265-1127 | 33 - Relief and recovery | Consultation should be undertaken with agencies and organisations that are engaged in emergency welfare provision to identify more effective ways to provide a consistent message to the community that non-cash donations are not required. |
REC265-1126 | 33 - Relief and recovery | Development of a template contract for the clean-up of affected properties to speed-up the process; |
REC265-1125 | 33 - Relief and recovery | Consultation with the Board of the Lord Mayor’s Distress Relief Fund and other disaster appeal organisers should be undertaken to determine the potential for software development to consolidate the application and approval process, including provision of templates and application forms; |
Rec-ID | Code | Recommendation |
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REC261-1493 | 5 - Hazard reduction burns | That the NSW National Parks and Wildlife Service establish a regime of frequent mosaic burning within the Warrumbungle National Park, where conditions permit, to be monitored and evaluated via a formal fully funded research program. This program should then inform the Service’s approach to the wider national park estate. |
REC261-1520 | 33 - Relief and recovery | That the Ministry for Police and Emergency Services urgently review its policies for the provision of disaster welfare services to ensure that in the event of a bush fire emergency and the declaration of a fire under section 44 of the Rural Fires Act 1997, adequate funding and services, especially recovery centres and mental health services, are provided for an adequate length of time, with gradual transition to normal service delivery when those services are no longer required. |
REC261-1495 | 5 - Hazard reduction burns | That the NSW Rural Fire Service: |
Rec-ID | Code | Recommendation |
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REC260-1054 | 2 - Emergency powers | That the Rural Fire Service consider extending pre-emptive section 44 to whole of Castlereagh RFS/Warrumbungle Shire area. |
REC260-1070 | 5 - Hazard reduction burns | The NPWS conduct a review of its prescribed burns program to ensure, as far as reasonably practicable, that all necessary managerial approvals for a prescribed burn are provided as promptly as possible. |
REC260-1063 | 5 - Hazard reduction burns | That the National Parks and Wildlife Service consider reviewing its guidelines and protocols in respect of hazard reduction planning and burning-off operations in the light of the evidence from experts witnesses in these proceedings that the incidence of, and intensity of, major fires is increasing and in the light of expert evidence given in these proceedings concerning the dangers of vorticity-driven lateral spread. |
Rec-ID | Code | Recommendation |
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REC259-1043 | 33 - Relief and recovery | That a single victim registration form be designed, which captures all relevant details required for use by any support agency both in the Response Phase at Evacuation centres and during the Recovery Phase. That such documents when completed form part of a wider database which can be accessed by all relevant agencies |
REC259-1046 | 33 - Relief and recovery | That prior to the commencement of any major clean-up, firm policy be established and made known to the extent to which material removal will be the responsibility of the home owner, the Council or the State led recovery effort. |
Rec-ID | Code | Recommendation |
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REC238-0806 | 33 - Relief and recovery | Review the adequacy of current arrangements for infrastructure reconstruction following a major flood event in the Hawkesbury-Nepean Valley. |
REC238-0805 | 33 - Relief and recovery | Develop a Hawkesbury-Nepean Flood Recovery Plan, which identifies strategies and arrangement for recovery from severe floods in the Hawkesbury-Nepean Valley. |
Rec-ID | Code | Recommendation |
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REC227-2857 | 21 - Role of Commonwealth Government | I recommend that the Commonwealth ensure that there is a mooring buoy which will enable the mooring of SIEVs to take place and free up the Christmas Island response vessel for ongoing surveillance duties. |
REC227-2853 | 21 - Role of Commonwealth Government | I recommend that the Commonwealth liaise closely with representatives of the Christmas Island VMRS prior to purchasing or replacing any vessels for the VMRS in the future. |
REC227-2852 | 21 - Role of Commonwealth Government | I recommend that the Commonwealth and the Shire of Christmas Island take steps to ensure that the Ethel Beach boat ramp is significantly upgraded, that it should be provided with shelter in the form of a rock groyne or similar buffer and that provision should be made so that a person can walk beside the ramp on a stable footing; or If this is not considered likely to be effective in providing an appropriate means of deploying a rescue vessel in adverse conditions, such other action be taken as is necessary to ensure that there is a means of deploying a rescue vessel in adverse conditions. |
Rec-ID | Code | Recommendation |
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REC226-0596 | 33 - Relief and recovery | An early decision on relief funding enables timely responses. D CP should review their communication of relief arrangements to ensure that they are clear. |
REC226-0543 | 5 - Hazard reduction burns | There should be clearly established criteria for burns which are specially challenging, and these criteria need to extend beyond the intended boundaries of the prescribed burn. |
REC226-0595 | 33 - Relief and recovery | Shire experiences in managing these traumatic events should be captured and passed into emergency management procedures. |
REC226-0542 | 5 - Hazard reduction burns | A risk management approach is needed which considers risks both inside the prescribed burn and the risks that will need to be managed if the fire escapes. This risk assessment should be dynamic in line with the four day and seven day weather forecast. |
REC226-0594 | 33 - Relief and recovery | Procedures to resolve issues surrounding financial assistance need to be reviewed to ensure they are as smooth, fast and transparent as possible possible. Review and streamline current financial relief procedures. |
REC226-0553 | 5 - Hazard reduction burns | Rolling risk assessment conducted during ignition of prescribed burns should identify whether an escape is likely to develop into a Level 3 incident. As soon as possible after it has been identified that the escape cannot be contained, the incident should be declared a Level 3. |
REC226-0598 | 33 - Relief and recovery | When communities are grieving there is a need to provide special forms of support to affected residents. |
REC226-0544 | 5 - Hazard reduction burns | Prescribed burns which meet the ‘red flag’ criteria should have mandated risk Establish risk management criteria for management criteria imposed. |
Rec-ID | Code | Recommendation |
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REC225-0535 | 2 - Emergency powers | DFES or DEC (depending on land tenure) is mandated to take over control of emergency incidents from Local Government once they have been declared Level 2 incidents. WESTPLAN BUSHFIRE and legislation to be amended accordingly. |
Rec-ID | Code | Recommendation |
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REC223-0515 | 5 - Hazard reduction burns | The Department of Environment and Conservation urgently undertake a review of its risk management practices as they relate to prescribed burns including but not limited to: *reviewing risk management practices to ensure that they are in accordance with AS/NZS ISO 31000:2009; * finalising and implementing the new complexity model developed in house by the DEC; * considering a broader set of parameters of risk by conducting an environmental scan or similar tool for areas under consideration for a prescribed burn; *updating the prescribed fire plans to reflect the broader risk considerations discovered through environmental scanning; *better informing the risk considerations by updating the ‘Red Book’ to reflect current research on burning in coastal heath; and * reconsidering the utility of the ‘Red Flag Burn’ notification on files and either adopting it as a policy across the State or removing it as a consideration. |
REC223-0514 | 5 - Hazard reduction burns | The Department of Environment and Conservation review its current policies and operational guidelines in particular by: * strengthening the governance of operations by ensuring the Guidelines are relevant and practical; * ensuring the processes that are implemented for prescribed burns are: (a) value adding to the decisions and approvals required (b) informed by substantive input (c) focussed on outcome rather than process; *completing the draft management plan for the Leeuwin-Naturaliste Capes Area Parks and Reserves in accordance with the provisions of the Conservation and Land Management Act 1989; * exploring the possibility of automating and streamlining the various processes for formulating a prescription for prescribed burns for ease of access and updating; and * clarifying the guidance provided to decision makers as to the ‘edging’ and security of prescribed burns. |
Rec-ID | Code | Recommendation |
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REC221-2860 | 19 - Offences | Housing should ensure it has sound systems, processes and controls in place that minimise the opportunity for fraud and gives it the best chance of detecting it by: |
Rec-ID | Code | Recommendation |
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REC203-0277 | 5 - Hazard reduction burns | A risk-management approach is needed which considers risks both inside the prescribed burn and the risks that will need to be managed if the fire escapes. The risk assessment should be organised and in line with the four and seven day weather. |
REC203-0282 | 5 - Hazard reduction burns | The burn prescription should capture the fuel characteristics and potential rate of spread for those areas outside the burn that will likely be critical during the initial attack on any escaping fire. |
REC203-0276 | 5 - Hazard reduction burns | There should be clearly established criteria for burns which are specially challenging, and these criteria need to extend beyond the intended boundaries of the prescribed burn. The criteria should be clarified and adopted as agency S OPs. |
REC203-0281 | 5 - Hazard reduction burns | Prescriptions need to be interpreted by experienced and knowledgeable personnel to ensure risk is fully understood. It is important that the background and justification for these decisions are captured at each stage and are visible to all levels in WA fire management hierarchy. |
REC203-0286 | 5 - Hazard reduction burns | Decisions taken on the basis of this risk assessment need to be captured and distributed across district and state. |
REC203-0280 | 5 - Hazard reduction burns | Contingency plans for escaping burns should be prepared in advance. |
REC203-0285 | 5 - Hazard reduction burns | A rolling risk assessment is required which captures the risks of the burn escaping and provides adequate resources. |
REC203-0279 | 5 - Hazard reduction burns | Once a burn is ignited, it needs to be the subject of continuing risk assessment and appropriate mitigation. |
REC203-0308 | 33 - Relief and recovery | Early resolution and clear communication of the financial and other support measures that will be available to affected residents is an important contributor to community resilience. |
REC203-0284 | 5 - Hazard reduction burns | DEC should investigate embedding an experienced forecaster in the state operations centre. |
REC203-0278 | 5 - Hazard reduction burns | Prescriptions should mandate consideration of measures to retire risk. |
REC203-0283 | 5 - Hazard reduction burns | Core ignition, particularly of red flag burns, should be informed by the 4 & 7 day forecasts (including a longer term perspective over 3 to 4 months) |
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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REC200-0351 | 5 - Hazard reduction burns | The Fire and Emergency Services Authority, the Department of Environment and Conservation and local governments take proactive steps to conduct their prescribed burning programs as joint exercises. This will give effect to: Reducing fuel load Improving inter-operability A mutual understanding of the fire fighting techniques of each agency. |
REC200-0350 | 5 - Hazard reduction burns | The State Government consider resourcing the Department of Environment and Conservation and local governments to develop and administer a comprehensive prescribed burning program in Perth’s urban/rural interface to compliment DEC’s existing landscape-scale program. |
REC200-0373 | 33 - Relief and recovery | The Department for Child Protection, the Western Australian Police and the Fire and Emergency Services Authority develop improved arrangements for communicating the loss of home and possessions to persons gathered at evacuation centres with a view to increasing privacy. |
REC200-1692 | 5 - Hazard reduction burns | The Fire and Emergency Services Authority, the Department of Environment and Conservation and local governments take proactive steps to conduct their prescribed burning programs as joint exercises. This will give effect to: |
REC200-1691 | 5 - Hazard reduction burns | The State Government consider resourcing the Department of Environment and Conservation and local governments to develop and administer a comprehensive prescribed burning program in Perth‟s urban/rural interface to compliment DEC's existing landscape-scale program. |
REC200-0356 | 5 - Hazard reduction burns | The State Government reaffirm its 2009 decision to approve DEC exercising greater flexibility in managing smoke within national guidelines, in order to achieve its prescribed burn program. |
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. |
Rec-ID | Code | Recommendation |
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REC182-0135 | 33 - Relief and recovery | FESA revises its standard operating procedures to provide guidance on the format and timing of post-incident community meetings. |
Rec-ID | Code | Recommendation |
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REC173-0105 | 19 - Offences | That the Department of the Attorney General, in consultation with FESA and Western Australia Police (WAPOL), consider options for legislative amendments to extend criminal liability to all damage, injury or death directly caused by arson. |
Rec-ID | Code | Recommendation |
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REC163-1940 | 19 - Offences | That legislation be prepared by the Criminal Law Review Division of the Attorney General’s Department allowing designated officers of the Rural Fire Service to apply for a warrant in certain circumstances. |
REC163-1937 | 19 - Offences | That the Attorney General’s Department’s Crime Prevention Division consider the causes of, and any solution to, the high number of juveniles involved in causing bushfires. |
REC163-1939 | 2 - Emergency powers | That the Rural Fires Act 1997 be amended to provide to designated Fire Investigation Officers of the Rural Fire Service the power to enter any land upon which a bushfire has occurred for the purposes of investigation for a period of up to 24 hours after a fire has been declared out. |
REC163-1936 | 19 - Offences | The prescribed penalty notice penalty amount for section 66(7) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1935 | 19 - Offences | The prescribed penalty notice penalty amount for section 99(6) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1934 | 19 - Offences | The prescribed penalty notice penalty amount for section 100(2) of the Rural Fires Act 1997 be increased to $1,100. |
REC163-1941 | 19 - Offences | A working group be established to consider methods of preventing criminal firestarting. |
Rec-ID | Code | Recommendation |
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REC143-3585 | 33 - Relief and recovery | That the Professional Assistance Grant is formally extended by WANDRA to include non rural businesses and that it be made available to assist with the clean up of disaster related damage to farms and businesses. (The Committee recognises that the amendments to WANDRA as of March 2007 address this recommendation). |
REC143-3583 | 33 - Relief and recovery | That the newly proposed index linked limits for Personal Hardship and Distress Relief Payments as outlined in the paper “National Disaster Relief Arrangements - An Analysis and Recommendations for Personal Hardship Distress Measures” be accepted by government. |
REC143-3588 | 33 - Relief and recovery | That, in line with recommendations contained in the 2004 Report to the Council of Australian Governments, greater flexibility should be introduced to WANDRA to enable damaged infrastructure to be upgraded to a more resilient standard where that is both feasible and cost-effective. |
Rec-ID | Code | Recommendation |
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REC121-3742 | 19 - Offences | The risk of abuse of internal passenger emergency door releases should be further reduced by introducing significant penalties for any improper use of such an emergency facility. It should be a criminal offence for anyone to use or tamper improperly with an emergency escape facility in a train. |
Rec-ID | Code | Recommendation |
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REC019-4139 | 19 - Offences | Local authorities prosecute in all cases of deliberate breaches of the provisions of the Bush Fires Act and thay failing this the Bush Fires Board take appropriate action to initiate such prosecutions. |
REC019-4152 | 5 - Hazard reduction burns | The Forests Department make every endeavour to improve and extend the practice of control burning to ensure that the forests receive the maximum protection practicable consistent with silvicultural requirements. |
REC019-4143 | 5 - Hazard reduction burns | It be made clear to all fire control officers that the conditions for burning prescribed in the Bush Fires Act are minimal only, and that it is their duty to prescribe such further conditions as will ensure that should unfavourable weather conditions un-expectedly develop a situation would not arise which the local bush fire control organisation could not reasonably be expected to handle. |
REC019-4142 | 5 - Hazard reduction burns | Landowners desiring to carry out developmental burns be required to inform the local authority sufficiently early to enable that body to direct them or request the local bush fire brigade to carry out protective burning around the area before the prohibited season starts. |
Rec-ID | Code | Recommendation |
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REC013_3975 | 5 - Hazard reduction burns | To burn, where necessary, at least 33 feet where there is a risk of fire, on the outside of the railway fence, in conjunction with the railway employees. |
REC013_3983 | 19 - Offences | To prohibit persons throwing lighted cigarettes, cigars and tobacco among any straw, stubble, grass or herbage during the months of September to March in any Bush Fire area, under a penalty not exceeding $10. |
REC013_3982 | 19 - Offences | To prohibit persons taking into a harvest field or through any grass or bush lands any motor, tractor, harvester, &c., which is not supplied with an approved fire extinguisher or without the exhaust being properly fitted and protected, under a penalty not exceeding $50. |