Inquiry Search
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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REC290-1213 | 34 - Local knowledge | Structures to incorporate local knowledge and situational awareness into the fire response |
REC290-1218 | 7 - Inter-agency communication | Cross-agency resource management system |
Rec-ID | Code | Recommendation |
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REC277-1166 | 7 - Inter-agency communication | Develop an integrated inter-agency resource management system: Large and complex fire incidents require resources from multiple agencies. Developing an integrated inter-agency resource management system will have three main benefits: identifying potential resources will be more straightforward • the status and location of resource deployments can be tracked • planning of deployments can take into account all relevant information |
Rec-ID | Code | Recommendation |
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REC276-1176 | 36 - Volunteers | Within 12 months, improve its processes for collecting and maintaining volunteer membership, availability and training records. To do this it will need to work with local information. governments to improve the accuracy of LG volunteer membership |
REC276-1175 | 36 - Volunteers | Continue to implement the major change projects it has in place, including Professional Pathways, and review them to assess if they will address all the key findings in this report. In particular, within six months DFES should set priorities and Sustainability Strategy. begin implementing the Emergency Services Volunteer Workforce |
REC276-1177 | 36 - Volunteers | Within 12 months, develop volunteer specific policies and procedures, including fatigue management, consistent with the Guidelines for Successful Partnerships between Public Sector Agencies and Volunteers. |
Rec-ID | Code | Recommendation |
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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. |
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. |
Rec-ID | Code | Recommendation |
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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: |
REC256-1572 | 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. |
Rec-ID | Code | Recommendation |
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REC226-0561 | 34 - Local knowledge | Suitably experienced local representatives should be engaged to provide advice to the IMT in all Level 2 and Level 3 incidents at the earliest opportunity. |
REC226-0577 | 7 - Inter-agency communication | A system of vehicle tracking should be fitted to all fire appliances and linked to the common operating picture. Good communications planning is essential for good command and control. |
REC226-0552 | 7 - Inter-agency communication | Communications planning for geographic regions with recognised black spots and specific communications challenges should be prepared in advance of an emergency in order to support the IMT Communications Planning Officer |
Rec-ID | Code | Recommendation |
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REC225-0537 | 7 - Inter-agency communication | Future coordination/support/control of integrated emergency management across all agencies in Albany needs to be merged and located in a single joint facility. This issue needs to be reviewed statewide. |
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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REC222-1854 | 36 - Volunteers | The Premier amend Clause 35 of the Public Sector Award 1992 so that State Government employees who volunteer to assist the Australian Red Cross during a disaster are not required to take personal or annual leave. |
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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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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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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REC203-0293 | 34 - Local knowledge | Suitably experienced personnel with local knowledge should be connected to the Operations and Planning section in all Level 3 incidents in the vicinity of substantial settlements. |
Rec-ID | Code | Recommendation |
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REC202-0508 | 36 - Volunteers | The Minister for Emergency Services and the Minister for Local Government review and report to Parliament by May 2012 on ways in which the State’s volunteer firefighters and rescue workers can be more effectively managed and valued. |
REC202-0509 | 36 - Volunteers | The Minister for Emergency Services and the Minister for Environment develop by December 2012 a Volunteer Charter that recognises the important work undertaken by the State’s volunteer bushfire and emergency services personnel. |
REC202-0505 | 7 - Inter-agency communication | The Minister for Emergency Services makes it a priority that the annual budgets of FESA and WA Police are sufficient to bring forward the completion dates of the current radio projects now underway. |
Rec-ID | Code | Recommendation |
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REC201-0252 | 7 - Inter-agency communication | FESA must actively manage the transition to WAERN and provide alternative means for regional crews to communicate when in areas where WAERN is not operated. |
Rec-ID | Code | Recommendation |
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REC200-0372 | 7 - Inter-agency communication | FESA and local governments jointly review radio communications capability prior to the 2011/12 bushfire season with a view to improving the current delivery of service to firefighters. |
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. |
REC200-1713 | 7 - Inter-agency communication | 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. |
Rec-ID | Code | Recommendation |
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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. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
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. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
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. |
REC187-2934 | 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. |
REC187-2939 | 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: |
REC187-2923 | 6 - Insurance and legal liability | That home building and home contents insurance should not be made compulsory. |
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. |
REC187-2928 | 6 - Insurance and legal liability | That there be limitations on the size of the discount available to high-value homes. |
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. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2938 | 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. |
REC187-2922 | 6 - Insurance and legal liability | That all home building insurance policies include flood cover. |
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. |
REC187-2927 | 6 - Insurance and legal liability | The levels of the discounts and the phasing out periods be reviewed from time to time. |
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. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
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. |
REC187-2921 | 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. |
REC187-2942 | 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. |
REC187-2926 | 6 - Insurance and legal liability | That flood premium discounts be provided for home building insurance for eligible homes: |
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: |
REC187-2931 | 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. |
REC187-2953 | 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. |
REC187-2920 | 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. |
REC187-2941 | 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. |
REC187-2925 | 6 - Insurance and legal liability | That the following five principles underpin the design of a system of premium discounts: |
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: |
REC187-2930 | 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. |
REC187-2952 | 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. |
REC187-2919 | 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. |
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. |
REC177-3365 | 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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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 |
---|---|---|
REC172-0038 | 34 - Local knowledge | The ISU should be provided with a person with local knowledge at Level 3 incidents. |
REC172-0043 | 7 - Inter-agency communication | There needs to be a system that allows laptop computers brought to an incident to be configured at the start of the season and allow them to be easily activated to the correct configuration when they arrive at the incident. |
REC172-0042 | 7 - Inter-agency communication | Portable, reliable mobile repeaters are required to provide radio communications into areas not covered by existing repeater networks. These repeaters need the capacity to be linked. |
Rec-ID | Code | Recommendation |
---|---|---|
REC170-0057 | 7 - Inter-agency communication | SEMC and EM WA should: ensure that agencies have a common or compatible crisis information management system in place |
Rec-ID | Code | Recommendation |
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REC149-3142 | 19 - Offences | NOPSA should use encouragement as the primary tool of enforcing compliance provided willingness to improve is exhibited by the players. |
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 |
---|---|---|
REC116-2119 | 6 - Insurance and legal liability | The Working Group recommends that the National Recovery Coordinators Group approach the Investment and Financial Services Association Limited, with a view to identifying the most appropriate way of engaging the life insurance industry in the recovery process. |
Rec-ID | Code | Recommendation |
---|---|---|
REC098-2165 | 7 - Inter-agency communication | The Committee recommends that Emergency Management Australia and the Australian Communications Authority work with state and territory bush fire authorities to ensure that that district communication plans |
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 |
REC098-2164 | 7 - Inter-agency communication | The Committee recommends that: |
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. |
REC098-2173 | 36 - Volunteers | The Committee suggests that registered volunteer fire fighters be exempt from paying Fire Levy tax to help offset some of the expense they incur during active duty. The exemption could be for a period of 12 months |
REC098-2153 | 7 - Inter-agency communication | The Committee recommends that the state and territory bushfire agencies ensure that, on a district basis, communications are addressed within the district operations plans and that the plans are capable of easy adoption to incident action plans. |
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. |
REC098-2156 | 36 - Volunteers | The Committee recommends that: |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC019-4146 | 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. |
REC019-4136 | 34 - Local knowledge | The Bush Fires Board appoint a Regional Committee of Board members co-opt local members for each climatic region of the State to study the bush fire control problems of the region and advise the Board so that inter alia adequate attention may be given by the Board to co-ordinating the beginning and termination of the prohibited burning times in adjoining districts and to any advisable variations of these duties according to seasonal conditions each year. |