Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
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: |
REC324-4296 | 1 - Land-use and building regs | Caravan parks and manufactured home estates: That, to ensure that permanent residents of caravan parks and mobile housing estates are protected from flood, Government: • prohibit permanent residency in caravan parks and mobile housing estates situated below the risk-based flood planning level. Caravan parks for holiday makers could still be on the floodplain with the provision that, if a flood is imminent, they need to be evacuated • address the issues raised in the 2015 Discussion Paper (Improving the regulation of manufactured homes, caravan parks, manufactured home estates and camping grounds). |
REC324-4299 | 1 - Land-use and building regs | Relocating communities most at risk with good homes and amenities: That, to empower vulnerable people and communities to relocate, Government through the NSWRA: |
REC324-4300 | 1 - Land-use and building regs | Simplify the planning system disaster provisions: That, to simplify and improve the state planning processes especially when anticipating and recovering from a disaster, Government: |
REC324-4304 | 1 - Land-use and building regs | Landholders can access information on previous disasters: That, to ensure there is a single source of ground truth to prepare for and respond to emergencies, and to provide people with a better understanding of their individual property and community risk exposure, an online visualisation tool be developed to display, for all land parcels (land titles) in NSW, the extent of known disasters that have affected each piece of land in NSW in the past. This information should be made available through the Planning Portal and, particularly in light of climate change, the data involved should be revised and updated at least every two years and after each major natural disaster. |
Rec-ID | Code | Recommendation |
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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. |
REC323-4267 | 1 - Land-use and building regs | That the NSW Government consider investing in supporting relocations, land swaps and providing fair and adequate compensation for landowners who wish to relocate from severely flood-impacted areas. |
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. |
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. |
REC323-4257 | 1 - Land-use and building regs | That the NSW Government work with local government, industry and sustainable planning experts, including the Government Architect, on policy initiatives in the New South Wales planning system that will help deliver more resilient and sustainable homes, buildings and places. |
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. |
REC323-4266 | 1 - Land-use and building regs | That the NSW Government review the provision of temporary and long term housing options provided to those affected by the February-March 2022 floods, with a view to: • ensuring a range of options are identified and embedded within emergency and recovery plans, so that solutions can be implemented as soon as possible after a natural disaster • ensuring that housing options meet individual and community needs • removing planning impediments that prevent those from accessing more safe and secure housing in times of crisis. |
Rec-ID | Code | Recommendation |
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REC317-4115 | 1 - Land-use and building regs | The Australian Building Codes Board, working with other bodies as appropriate, should: |
REC317-4110 | 42 - Culture and Heritage | Australian, state, territory and local governments should engage further with Traditional Owners to explore the relationship between Indigenous land and fire management and natural disaster resilience. |
REC317-4114 | 1 - Land-use and building regs | State, territory and local governments should be required to consider present and future natural disaster risk when making land-use planning decisions for new developments. |
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. |
REC317-4086 | 22 - Role of local Gvt | State and territory governments should review their arrangements for sharing resources between their local governments during natural disasters, including whether those arrangements: |
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. |
REC317-4085 | 22 - Role of local Gvt | State and territory governments should take responsibility for the capability and capacity of local governments to which they have delegated their responsibilities in preparing for, responding to, and recovering from natural disasters, to ensure local governments are able to effectively discharge the responsibilities devolved to them. |
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. |
REC317-4111 | 42 - Culture and Heritage | Australian, state, territory and local governments should explore further opportunities to leverage Indigenous land and fire management insights, in the development, planning and execution of public land management activities. |
Rec-ID | Code | Recommendation |
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REC315-3869 | 42 - Culture and Heritage | That, in order to ensure Aboriginal people can access appropriate support during evacuation, Resilience NSW work with Local Emergency Management Committees and Aboriginal Affairs to ensure: |
REC315-3808 | 22 - Role of local Gvt | That, in order to strengthen the capability of local councils in future emergency events: |
REC315-3823 | 42 - Culture and Heritage | That, in order to increase the respectful, collaborative and effective use of Aboriginal land management practices in planning and preparing for bush fire, Government commit to pursuing greater application of Aboriginal land management, including cultural burning, through a program to be coordinated by Aboriginal Affairs and Department of Planning, Industry and Environment working in partnership with Aboriginal communities. This should be accompanied by a program of evaluation alongside the scaled-up application of these techniques. |
REC315-3822 | 42 - Culture and Heritage | That Government adopt the principle that cultural burning is one component of a broader practice of traditional Aboriginal land management and is an important cultural practice, not simply another technique of hazard reduction burning. |
REC315-3824 | 1 - Land-use and building regs | That Government commit to shifting to a strategic approach to planning for bush fire, and develop a new NSW Bush Fire Policy similar to the NSW Flood Prone Land Policy in order to accommodate changing climate conditions and the increasing likelihood of catastrophic bush fire conditions; to build greater resilience into both existing and future communities; and to decrease costs associated with recovery and rebuilding. |
Rec-ID | Code | Recommendation |
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REC297-1272 | 1 - Land-use and building regs | That, to provide greater clarity for building development, design and approval within tolerable risk levels, the Tasmanian Planning Scheme, including a relevant Riverine Flood Hazard Code, is finalised and approved as soon as practicable. |
REC297-1271 | 1 - Land-use and building regs | That the organisations responsible for construction, maintenance and ownership of bridges review their design guidelines and, if necessary, update them to specifically include consideration of debris and flood impacts on bridge design. A review of existing bridges by the responsible organisations could also be undertaken to highlight any potential issues. |
REC297-1250 | 22 - Role of local Gvt | That in flood-prone municipalities, the respective Municipal Committee develops or reviews flood-related sub-plans within a Municipal Emergency Management Plan at least every two years and submits each sub-plan to the Regional Controller for approval. In addition, that each Municipal Committee maintains a current flood plan, in a standardised format, which at least identifies: • flood-prone parts of their locality, particularly those where lives may be at risk; • required actions to be taken in the event of a flood threat, especially timely evacuation; • trigger points for taking required actions and how those trigger points will be monitored; and • how the community can access flood-plan information |
Rec-ID | Code | Recommendation |
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REC286-2037 | 1 - Land-use and building regs | Make property level information on landslide hazards publicly available |
REC286-1435 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning and Building System reforms to evaluate effectiveness of delivering desired outcomes. |
REC286-2050 | 1 - Land-use and building regs | Ensure landuse planning and building systems, including appeal mechanisms, are transparent, equitable and integrated at the municipal, State and national levels. |
REC286-2041 | 22 - Role of local Gvt | Development mechanisms to support small councils to manage treatment across the PPRR spectrum (across all hazards). |
REC286-2016 | 6 - Insurance and legal liability | Review legal liability of participants in prevention and mitigation preparedness, response and recovery activities. |
REC286-2023 | 1 - Land-use and building regs | Locate and design new public infrastructure so that it can continue to operate during flood events. |
REC286-1479 | 6 - Insurance and legal liability | Ensure appropriate levels of insurance of public assets from flood risks. |
REC286-2046 | 1 - Land-use and building regs | Incentivising safer sites (charge people less rates and discounts for defensive actions by land managers). |
REC286-1474 | 1 - Land-use and building regs | Raised access routes. |
REC286-2015 | 1 - Land-use and building regs | Build flood capable infrastructure. |
REC286-2044 | 1 - Land-use and building regs | Develop linkages between landslide risk assessors and building engineers/structural works. |
REC286-1471 | 1 - Land-use and building regs | Promote the use of Water Sensitive Urban Design in stormwater systems. |
REC286-2077 | 6 - Insurance and legal liability | Improve working relationship with the insurance industry to access impact information. |
REC286-2040 | 1 - Land-use and building regs | Further development of Landslide Hazard Banding of the State (MRT). |
REC286-1453 | 1 - Land-use and building regs | Review building controls to ensure they are adaptive to changing coastal inundation risks. |
REC286-2052 | 22 - Role of local Gvt | Undertake local level emergency management planning for areas at risk of debris flow. |
REC286-2047 | 6 - Insurance and legal liability | Raise public awareness of the limitations of general insurance relating to landslide. |
REC286-2038 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning reforms to evaluate effectiveness of delivering desired outcomes. |
REC286-1451 | 1 - Land-use and building regs | Include consideration of coastal inundation in land use planning for new developments and uses. |
REC286-2051 | 1 - Land-use and building regs | Establish arrangements to enable the buy-back of specified landslip prone land. |
REC286-2043 | 22 - Role of local Gvt | Assessment of council’s capacity to manage land effectively. |
REC286-2020 | 6 - Insurance and legal liability | Improve insurance affordability. |
Rec-ID | Code | Recommendation |
---|---|---|
REC281-1203 | 22 - Role of local Gvt | Impact Assessment Data Sharing The Office of Emergency Management: · with the SEOCON, jointly provides further guidance to Regional Emergency Management Officers about their role in facilitating local council access to the Impact Assessment Data Base · with REMOs and the SEOCON jointly provides further information to local councils about Impact Assessment Data Sharing Arrangements and the data available through this mechanism · includes information about the Impact Assessment Data Sharing Arrangements in the Local Recovery Toolkit · develops a mechanism to allow local councils to have direct access to the collated impact data. |
Rec-ID | Code | Recommendation |
---|---|---|
REC280-1399 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service remove from its boundary fencing policy and standard contract the condition that requires adjoining land owners to maintain a fence that has been damaged by trees falling from national park land. |
REC280-1402 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
REC280-1398 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service: |
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. |
REC280-1385 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service consider the feasibility, on a case by case basis, of closing public roads through national parks on days with catastrophic fire danger rating, to mitigate the risk of bush fire ignition in national parks. |
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. |
REC280-1383 | 1 - Land-use and building regs | That the NSW Government improve the protection of media and telecommunications towers around New South Wales by: |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC261-1514 | 1 - Land-use and building regs | That the NSW National Parks and Wildlife Service adopt an interim fencing agreement in the immediate aftermath of a fire. This will enable emergency and interim works to commence, but features such as length, fencing components and site of the fence line are not binding. A final fencing agreement would be negotiated no earlier than six months following a major national park fire. |
REC261-1519 | 6 - Insurance and legal liability | That the Ministry for Police and Emergency Services and NSW Treasury: |
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: |
REC261-1518 | 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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REC260-1055 | 34 - Local knowledge | That the Rural Fire Service together with other land managers develop a program whereby local stakeholders come together regularly (every 2 months during non-fire season and monthly during the fire season) to share intelligence and to consider hazard and incident management measures for implementation. |
Rec-ID | Code | Recommendation |
---|---|---|
REC259-1047 | 6 - Insurance and legal liability | That the insurance industry be asked to include in its “Code of Practice” the need to consult policy holders in bushfire prone areas on the issue of Bushfire Attack Level (BAL). This will ensure, to some extent, that policy holders insure their properties to a level commensurate with building costs under a variety of building standards and requirements.(For checking with RFS). |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC258-2550 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness. |
Rec-ID | Code | Recommendation |
---|---|---|
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: |
REC256-1570 | 1 - Land-use and building regs | All governments should put in place best-practice institutional and governance arrangements for the provision of public infrastructure, including road infrastructure. These should include: |
Rec-ID | Code | Recommendation |
---|---|---|
REC247-0895 | 6 - Insurance and legal liability | That action be taken as a priority to resolve any legal issues on mutual assistance arrangement for fire services. |
REC247-0875 | 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. |
REC247-0942 | 1 - Land-use and building regs | That the Government makes land use planning and building construction to prevent and mitigate bushfire risk a high priority and establishes a means to progress improvements in this area, such as a designated body or group, as soon as possible. |
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. |
REC247-0863 | 34 - Local knowledge | That Tasmania Fire Service considers measures to bring local knowledge into Incident Management Team operations. |
Rec-ID | Code | Recommendation |
---|---|---|
REC246-0789 | 6 - Insurance and legal liability | TFS seek legal opinion on the Bushfire CRC Research Report on legal liability implications of the Prepare, Stay and Defend or Leave Early policy to confirm the advice, consider the implications and implement those that are appropriate. |
Rec-ID | Code | Recommendation |
---|---|---|
REC238-0814 | 1 - Land-use and building regs | Develop a NSW Planning Policy and Guideline to improve land use planning practices on flood prone land. |
REC238-0808 | 1 - Land-use and building regs | Ensure future road infrastructure planning considers flood evacuation requirements throughout the Hawkesbury-Nepean floodplain. |
REC238-0801 | 1 - Land-use and building regs | Establish a dedicated group or body within an existing agency to provide a more integrated, coordinated and regional approach to land use, infrastructure and evacuation planning and flood modelling in the Hawkesbury-Nepean Valley. |
REC238-0800 | 1 - Land-use and building regs | Improve regional transport infrastructure to address current and projected flood evacuation capacity constraints and timelines. |
REC238-0816 | 1 - Land-use and building regs | Ensure appropriate consideration of flood risk in regional and subregional planning |
REC238-0815 | 1 - Land-use and building regs | Provide improved land use planning tools for managing flood prone land. |
Rec-ID | Code | Recommendation |
---|---|---|
REC237-0825 | 1 - Land-use and building regs | That the NSW Rural Fire Service hold discussions with the Department of Planning and Infrastructure and Local Government NSW on ways to improve compliance with development consents under section 76A of the Environmental Planning and Assessment Act 1979. |
Rec-ID | Code | Recommendation |
---|---|---|
REC229-2841 | 1 - Land-use and building regs | The committee recommends that credible and reliable flood mapping activities and the development of other information that would best inform landowners or prospective landowners of potential risks from extreme weather events are prioritised and used to inform land use planning laws. |
REC229-2842 | 1 - Land-use and building regs | The committee recommends that building codes incorporate mitigation measures that take into account foreseeable risks from extreme weather events. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC205-1901 | 1 - Land-use and building regs | The Council of Australian Governments’ Building Ministers’ Forum should provide formal direction to the Australian Building Codes Board to: |
REC205-1900 | 1 - Land-use and building regs | As a priority, state and territory governments should ensure that land-use planning systems are sufficiently flexible to enable a risk management approach to incorporating climate change risks into planning decisions at the state, territory, regional and local government levels. Consideration should be given to: |
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 |
---|---|---|
REC193-0225 | 22 - Role of local Gvt | Local government councils should move promptly to: adopt the Tasmania Fire Service Guidelines for Development in Bushfire Prone Areas of Tasmania give effect to the Department of Primary Industries, Parks, Water and Environment Neighbouring Developments and Fire Management Policy. |
REC193-0222 | 22 - Role of local Gvt | The Local Government Association of Tasmania advocate, coordinate and support local councils’ input of bushfire risk assets data into the Bushfire Risk Assessment Model. |
REC193-0226 | 22 - Role of local Gvt | Local government councils should: strongly encourage owners to make improvements to construction or increase buffers in order to meet minimum safety standards implement programs to audit impacted properties and issue abatement notices where necessary monitor and maintain their reserves to ensure that adequate buffers to neighbouring buildings exist. |
Rec-ID | Code | Recommendation |
---|---|---|
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: |
REC187-2935 | 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. |
REC187-2919 | 6 - Insurance and legal liability | That all home insurance, home contents and home unit insurance policies include flood cover. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
REC187-2940 | 6 - Insurance and legal liability | That for home contents insurance policies, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $100,000. For contents with a value greater than $100,000 policyholders then pay the full cost of the portion of risk exceeding $100,000. |
REC187-2957 | 6 - Insurance and legal liability | That the Commonwealth Government introduce a standard definition of flood in the form proposed in the ‘Reforming flood insurance: Clearing the waters’ consultation paper. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
REC187-2945 | 6 - Insurance and legal liability | That to facilitate flood risk information being made publicly available, Commonwealth, State and Territory governments grant indemnities to the providers of flood risk information if the information is obtained and provided in good faith and in the absence of any gross negligence. |
REC187-2962 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend clause 4.5 of the General Insurance Code of Practice to extend the time within which claimants in natural disasters have the right to make further claims or lodge reviews after the finalisation of an initial claim to seven months from the date of the relevant natural disaster, regardless of when the initial claim was finalised. |
REC187-2934 | 6 - Insurance and legal liability | That all insurers offering small business insurance be obliged to include flood cover on an opt-out basis, instead of an opt-in/opt-out basis as at present, in all of their small business package policies. |
REC187-2951 | 6 - Insurance and legal liability | That access to insurance be enhanced through the development of alternative payment options, in particular: |
REC187-2967 | 6 - Insurance and legal liability | That the current formula for the cost of rebuilding of State and Territory assets under the Natural Disaster Relief and Recovery Arrangements be changed to expenditure before any insurance recoveries by the State or Territory rather than net of any insurance recoveries. |
REC187-2923 | 6 - Insurance and legal liability | That home building and home contents insurance should not be made compulsory. |
REC187-2939 | 6 - Insurance and legal liability | That for body corporate insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000 times the number of units. For properties with a value greater than $500,000 times the number of units policyholders then pay the full cost of the portion of risk exceeding $500,000 times the number of units. |
REC187-2956 | 6 - Insurance and legal liability | That a ‘health warning’ be provided by insurers to the purchasers of home and contents policies that do not include full flood cover or full replacement cover. The health warning should be provided: |
REC187-2928 | 6 - Insurance and legal liability | That there be limitations on the size of the discount available to high-value homes. |
REC187-2944 | 6 - Insurance and legal liability | That the Commonwealth seek reimbursement of some portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2961 | 6 - Insurance and legal liability | That the Insurance Council of Australia repeal clauses 4.3 and 4.4 of the General Insurance Code of Practice, so that claims arising from natural disasters are subject to the same minimum standards as other claims — including the four month time limit for a determination on liability and the nature of the loss/damage with respect to the claim. |
REC187-2933 | 6 - Insurance and legal liability | That discounts be provided, in the same manner as for homes, to home contents insurance policies for eligible properties. |
REC187-2950 | 6 - Insurance and legal liability | That the Commonwealth engage with the insurance industry and the States and Territories in planning for the future coordination of charitable and government payments to individuals to assist with recovery after future natural disasters. |
REC187-2966 | 6 - Insurance and legal liability | That the Commonwealth and State governments provide funding for legal advice and assistance with insurance disputes following natural disasters. |
REC187-2922 | 6 - Insurance and legal liability | That all home building insurance policies include flood cover. |
REC187-2938 | 6 - Insurance and legal liability | That for home building insurance policies receiving full discounts, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $500,000. For properties with a value greater than $500,000 policyholders then pay the full cost of the portion of risk exceeding $500,000. |
REC187-2955 | 6 - Insurance and legal liability | That, in endorsing the Government proposal for a Key Facts Statement, the Key Facts Statement list replacement cover and all natural disaster events, identified as ‘standard cover’ in the Insurance Contracts Regulations 1985. That insurers issue a Key Facts Statement to policy holders with all new policies written and all policy renewals on an annual basis. |
Rec-ID | Code | Recommendation |
---|---|---|
REC185-1933 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Treasury clarify what is meant by the term 'cost-effective' as it relates to the 2011 NDRRA Determination and the scrutiny of the states' and territories' insurance arrangements. |
REC185-1932 | 6 - Insurance and legal liability | The committee recommends that a particular focus of the Natural Disasters Insurance Review into the adequacy of current insurance arrangements should be on whether the international insurance market offers reinsurance for the states' and territories' road networks. |
REC185-1930 | 6 - Insurance and legal liability | The committee recommends that the Commonwealth Government consult with state and territory governments to ensure that the states' and territories' captive insurance and reinsurance arrangements are reported transparently and on a comparable basis. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC177-3360 | 42 - Culture and Heritage | DEWHA should participate in training programs and exercises relevant to an oil spill in the marine environment. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC176-0142 | 1 - Land-use and building regs | The Commonwealth consult with local, state and territory government planning authorities on the development and dissemination of a house loss risk index for households in Australia's highest risk bushfire areas. |
Rec-ID | Code | Recommendation |
---|---|---|
REC166-3008 | 1 - Land-use and building regs | That any building fitted with heat-activated closing devices or fire and smoke doors be assessed to establish if it constitutes a fire hazard under section 165 of the Building Act 2000 and that, where appropriate, such doors be replaced with smoke activated doors. |
Rec-ID | Code | Recommendation |
---|---|---|
REC145-3222 | 1 - Land-use and building regs | The Committee recommends that the Australian Government: |
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. |
REC145-3215 | 1 - Land-use and building regs | The Committee recommends that the Building Code of Australia, including cyclone building codes, be revised with the objective of increasing resilience to climate change. |
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: |
REC145-3214 | 1 - Land-use and building regs | The Committee recommends that the Australian Government consider the benefits of adopting a nationally consistent sea level rise planning benchmark and, if so, whether this be done on a statutory basis or otherwise. The outcomes of this consideration should then be included as part of the action plan for the proposed Intergovernmental Agreement on the Coastal Zone. |
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: |
REC145-3213 | 1 - Land-use and building regs | The Committee notes the Council of Australian Governments initiative (through the Local Government and Planning Ministers Council) to develop state-specific climate change planning policies by mid 2011, to inform local governments and regional planning responses to climate change. The Committee recommends that the Australian Government ensure that the outcomes of this initiative are included as part of the action plan under the proposed new Intergovernmental Agreement on the Coastal Zone. |
Rec-ID | Code | Recommendation |
---|---|---|
REC140-3558 | 6 - Insurance and legal liability | DHHS need to confirm adequate accident insurance coverage for staff working in retrieval medicine. Coverage specific to helicopter and fixed wing duties is required. |
Rec-ID | Code | Recommendation |
---|---|---|
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 |
---|---|---|
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 |
---|---|---|
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 |
---|---|---|
REC098-2172 | 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. |
REC098-2178 | 1 - Land-use and building regs | The Committee recommends that Standards Australia review the clarity of AS3959–1999: Construction of buildings in Bushfire Prone Areas to ensure that all relevant stakeholders can interpret and apply the Standard in the way it is intended. |
REC098-2176 | 1 - Land-use and building regs | The Committee recommends that Standards Australia incorporate building maintenance into AS3959–1999: Construction of buildings in Bushfire Prone Areas, perhaps renaming it as AS3959–1999: Construction and maintenance of buildings in Bushfire Prone Areas. |
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 |
REC098-2133 | 1 - Land-use and building regs | The Committee recommends that the Commonwealth seeks to ensure that the Council of Australian Governments resolve when asset protection zones will be located on private land and when on public land and gain assurances that adequate maintenance of zones will be enforced. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
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] |
Rec-ID | Code | Recommendation |
---|---|---|
REC013_3968 | 22 - Role of local Gvt | Any number of persons, wishing to form a Bush Fire Brigade, may, by a majority vote of the ratepayers in the particular area, requisition the Shire Council to proclaim such area a Bush Fire Brigade area, and the Council may then impose, with the concurrence of a majority of such ratepayers, a special levy for the purpose of equipping such brigades and carrying out its neccessary functions. |
REC013_3980 | 6 - Insurance and legal liability | To provide that any person desirous of insuring his crops against fire shall first submit his proposal to two responsible persons for their endorsement that, in their opinion, the crop is likely to produce the value for which the insurer proposes to take out the oolicy, and that, in the event of such endorsement not being obtained, the risk be not accepted. |
REC013_3967 | 22 - Role of local Gvt | Each Shire Council shall divide the lands within their respective shires into suitable areas for the formation of Bush Fire Brigades as requested. |
REC013_3969 | 6 - Insurance and legal liability | The subsidy of such Fire Brigade organisations by the insurance companies and the Government to be given favourable consideration, from a proportion of which the expenses of the Central Administration might be met. |
REC013_3974 | 1 - Land-use and building regs | To link up fallow paddocks and natural fire breaks by ploughing or burning breaks through private or public property, roads, &c. |