Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
REC322-4223 | 5 - Hazard reduction burns | The Inspector-General Emergency Management recommends the Department of Environment and Science implements the proposed treatments for fire identified in the Queensland Parks and Wildlife Service K’gari Compliance Strategy. |
REC322-4248 | 5 - Hazard reduction burns | The Inspector-General Emergency Management recommends the prescribed burn program for K’gari be developed by the Department of Environment and Science, in collaboration with the Locality Specific Fire Management Group and the Butchulla people, based on the principles of the National Position on Prescribed Burning. This program should incorporate a process for monitoring and evaluation of outcomes and integration of evolving fire management practices. |
Rec-ID | Code | Recommendation |
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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. |
REC317-4081 | 18 - Access to fire ground | State and territory governments should provide information to the public on the closure and opening of roads. Information should be provided in real-time, or in advance based on predictions, where possible. |
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. |
REC317-4080 | 18 - Access to fire ground | State and territory governments should include road closure and opening information on all roads within their borders on public apps. |
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. |
REC317-4086 | 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: |
REC317-4085 | 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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC314-3264 | 6 - Insurance and legal liability | Consider removing stamp duty from home insurance to encourage a wider section of the community to take out insurance. South Australian government agencies should share their risk modelling data with the Insurance Council of Australia. |
Rec-ID | Code | Recommendation |
---|---|---|
REC311-2494 | 22 - Role of local Gvt | To increase shared understanding of risks, enable coordinated plans and collaboratively engage with downstream community members, residents listed within a dam EAP be identified by the Local Government Area (LGA) they reside in. |
Rec-ID | Code | Recommendation |
---|---|---|
REC310-2481 | 22 - Role of local Gvt | Greater clarity about responsibilities for recovery at the community, local, and district levels should be considered in any future review of the Disaster Management Act (2003). |
Rec-ID | Code | Recommendation |
---|---|---|
REC309-2475 | 15 - Inter-service cooperation | Greater emphasis be placed on pre-planned and pre-determined arrangements between the Australian Defence Force and State and local agencies. |
REC309-2480 | 22 - Role of local Gvt | Councils should formalise arrangements with entities that have the skills, capability and capacity to effectively manage spontaneous volunteers. These should be documented and integrated into planning and exercising. |
REC309-2473 | 22 - Role of local Gvt | Councils, with the support of stakeholders, continue to develop and promote local disaster dashboards as the ‘point of truth’ for community information and messaging during disaster events. Greater use during recovery should be considered. |
Rec-ID | Code | Recommendation |
---|---|---|
REC308-2463 | 6 - Insurance and legal liability | Principles, applicable to all tourist budgets, covering liabilities for costs and shelter in the event of evacuation should be developed and promulgated as part of tourism marketing. |
REC308-2456 | 22 - Role of local Gvt | A Local Government Association of Queensland representative should be included on the Crisis Communications Network to enhance the delivery of consistent information across and between levels of government. |
Rec-ID | Code | Recommendation |
---|---|---|
REC306-2424 | 22 - Role of local Gvt | We recommend that the four councils develop floodplain management plans in accordance with Recommendation 2.12 of the Final Report of the Queensland Floods Commission of Inquiry. |
Rec-ID | Code | Recommendation |
---|---|---|
REC295-1305 | 18 - Access to fire ground | That the annexure to the State Emergency Management Plan, ‘Traffic management during emergencies’, be updated to include: responsibilities and processes for road closures; and, Department of Planning, Transport and Infrastructure requirements in regards to provision of road closure information, notification of changes in road closure status and publishing of that information. |
Rec-ID | Code | Recommendation |
---|---|---|
REC273-1142 | 18 - Access to fire ground | That SACFS consider the Traffic Management Procedures and guiding principles adopted in Tasmania as a model that could be implemented within SA. |
REC273-1131 | 15 - Inter-service cooperation | That the Emergency Management Australia’s ‘Arrangements for Interstate Assistance (Fire and Emergency Services)’ be applied to all future requests for assistance by the SACFS, SAMFS and SASES. |
REC273-1132 | 15 - Inter-service cooperation | Noting the implementation of Common Incident Command and Control System (CICCS) in SA that fire and emergency services together with police (including through AFAC and ANZPAA), continue to liaise regarding the development of a national incident management. |
Rec-ID | Code | Recommendation |
---|---|---|
REC272-1419 | 22 - Role of local Gvt | Opportunities should be identified through the Local Government Association of Queensland council to council arrangement to share structural engineers to assess potential places of refuge against the Department of Housing and Public Works’ structure classification criteria. |
Rec-ID | Code | Recommendation |
---|---|---|
REC271-1525 | 6 - Insurance and legal liability | The Department of Energy and Water Supply, in conjunction with SunWater, seek clarification of the dam owners’ legal obligation to comply with Emergency Action Plans and, if required, investigate how a more flexible approach may be adopted. |
Rec-ID | Code | Recommendation |
---|---|---|
REC268-1423 | 22 - Role of local Gvt | The State Disaster Coordination Centre Notification Matrix is reviewed to ensure local governments are notified of any event affecting, or likely to affect, their local government area. |
Rec-ID | Code | Recommendation |
---|---|---|
REC258-2540 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority continues to provide appropriate indemnity to all industry personnel with delegations of authority. |
REC258-2557 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority reassesses the penalties in the Civil Aviation Safety Regulations. |
REC258-2550 | 6 - Insurance and legal liability | The Civil Aviation Safety Authority introduces grading of Non-Compliance Notices on a scale of seriousness. |
REC258-2544 | 6 - Insurance and legal liability | The Australian Transport Safety Bureau transfers information from Mandatory Occurrence Reports to the Civil Aviation Safety Authority, without redaction or de-identification. |
REC258-2559 | 15 - Inter-service cooperation | The Civil Aviation Safety Authority’s Director of Aviation Safety meet with industry sector leaders to jointly develop a plan for renewing a collaborative and effective Standards Consultative Committee. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC257-1547 | 15 - Inter-service cooperation | The Marrangaroo Training Area Regional Environmental Officer confer with the local Rural Fire Service at least annually and determine a hazard reduction regime capable of implementation. It is furter recommended all ranges be reviewed in relation to the same issue, that is, that personnel involved in the management of each range under Defence control be directed to confer with local firefighting authorities on at least an annual basis to assess hazard reduction responses to be pursued for that range in subsequent years. |
REC257-1545 | 15 - Inter-service cooperation | Range Control Officer Marrangaroo Training Area liase with the local Rural Fire Service units to develop a map indicating the areas of the range likely to contain unexploded ordnance. |
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: |
Rec-ID | Code | Recommendation |
---|---|---|
REC244-2616 | 6 - Insurance and legal liability | That once the review of the Emergency Management Act has been finalised, any reference to the liability of councils should be mirrored in both the EM Act and the F&ES Act. |
REC244-2606 | 22 - Role of local Gvt | The Act be amended to require the mandatory appointment of Authorised Officers by each rural council or council that has within its area a Designated Urban Bushfire Risk Area(s) with an option for the CFS Chief Officer to exempt council from this requirement (similar to Section 105B). |
Rec-ID | Code | Recommendation |
---|---|---|
REC243-0843 | 6 - Insurance and legal liability | That the Government work with the Local Government Association to resolve questions of liability by volunteers who work for Councils, as raised with the Select Committee. |
Rec-ID | Code | Recommendation |
---|---|---|
REC242-2642 | 6 - Insurance and legal liability | That with regard to volunteer community safety and emergency service organisations that do not own land where their facilities exist: |
Rec-ID | Code | Recommendation |
---|---|---|
REC241-0995 | 5 - Hazard reduction burns | At the next reprint of the ‘Permit to Light Fire’ book, the requirement to notify neighbours when applying for a permit is reinstated to properly reflect the requirement under the Fire and Rescue Service Act 1990. |
REC241-1004 | 15 - Inter-service cooperation | That a memorandum of understanding be developed between RFSQ and other organisations with fire fighting capacity at state level, to establish operational procedures when these organisations may be required for a joint response roles. Specifically, the intent will be: Vegetation Fire in a Rural Area: The Rural Fire Brigade in that area (boundary) is in charge and is the first Brigade called by Firecom. Structural Fire in a Rural Area: Firecom calls the Urban Brigade first and they control the incident. Local Rural Fire Brigade must also be notified by Firecom at the same time. Vegetation Fire in an Urban Levy Area: Firecom call the local Urban Brigade first and they control the incident. At their discretion they may call Rural Fire Brigades for assistance. Structural Fire in an Urban Levy Area: Firecom call the local Urban Brigade first and they control the incident. |
REC241-0994 | 5 - Hazard reduction burns | That the Rural Fire Service Queensland needs to provide greater emphasis and acknowledgement of the use of fire as a tool in sustainable land management. |
REC241-0997 | 5 - Hazard reduction burns | That the electronic fire permit system used in the Mackay District be made available across the state for Fire Wardens who wish to use it. |
REC241-0996 | 5 - Hazard reduction burns | That Section 66 (2) of the Fire and Rescue Service Act 1990 relating to the exemption for issuing of permits to burn in State Forests, National Parks and Reserves is withdrawn and Departments must work within the District Fire Management Plan. |
REC241-1016 | 6 - Insurance and legal liability | That a volunteer shall not be liable for any act or omission made in good faith provided it is not proven to be reckless, negligent or malicious. This protection is to be afforded in both Criminal and Common law. |
Rec-ID | Code | Recommendation |
---|---|---|
REC239-2761 | 15 - Inter-service cooperation | That systems development in the Queensland Police Service capitalises on the advances made by the Queensland Fire and Rescue Service in recent years. |
REC239-2703 | 15 - Inter-service cooperation | That the protocols developed by the Queensland Police Service and SES for operations define the respective roles and responsibilities as well as recognise the varying capabilities of SES units across the State. |
REC239-2688 | 22 - Role of local Gvt | That in establishing new disaster districts, the first guiding principle must be to align with local government boundaries and that divergence should only occur when there is a need to address a unique local circumstance. |
REC239-2694 | 15 - Inter-service cooperation | That Queensland enters into a similar arrangement with Bureau of Meteorology to have an experienced forecaster seconded to Kedron State Disaster Coordination Centre for at least the duration of fire and storm seasons. |
REC239-2667 | 15 - Inter-service cooperation | That Queensland Corrective Service, the Queensland Police Service and Queensland Health should work together to develop a position that enables prisoners to have timely access to their prescribed medication despite travel between facilities and without the need for costly re-prescription. |
REC239-2762 | 15 - Inter-service cooperation | That the Chief Executive Officer Portfolio Business in consultation with the Police Commissioner and the Commissioner Fire & Emergency Services should provide the direction for future information and communication technology strategies and acquisitions. |
Rec-ID | Code | Recommendation |
---|---|---|
REC229-2844 | 15 - Inter-service cooperation | The committee recommends that Australian governments specifically address issues of compatibility and capacity to facilitate the most effective interoperability of emergency service organisations and their key personnel, especially for fire services. |
Rec-ID | Code | Recommendation |
---|---|---|
REC210-0608 | 22 - Role of local Gvt | Elected representatives from all agencies involved in a flood study should be informed of recommendations made for future work, and determine, on a risk basis, whether that further work is to be completed. |
REC210-0671 | 22 - Role of local Gvt | Councils should consider providing advice to development applicants during pre-lodgement meetings, and at the time of receiving a development application, about the way in which the development will be assessed for flood risk and what flood information council will be relying on to make this assessment. |
REC210-0701 | 6 - Insurance and legal liability | Letters notifying policy-holders that their claims have been denied should, at a minimum, state the information upon which the insurer has relied in making the decision. These letters should also advise policy-holders that copies of the information will be made available upon request (in accordance with clause 3.4.3 of the General Insurance Code of Practice) and indicate how policy-holders can make a request. |
REC210-0643 | 22 - Role of local Gvt | If the Queensland Government does not include such assessment criteria in the model flood planning controls, councils should include assessment criteria in their planning schemes that require the impact of flood on commercial property to be minimised. |
REC210-0655 | 22 - Role of local Gvt | If the Queensland Government does not include such assessment criteria in the model flood planning controls, councils should consider including assessment criteria in their planning schemes which require that works in a floodplain: • do not reduce on-site flood storage capacity • counteract any changes the works will cause to flood behaviour of all floods up to and including the acceptable defined flood event by measures taken within the subject site (for example, use of compensatory works, detention basins or other engineering mechanisms), and • do not change the flood characteristics outside the subject site in ways that result in: – loss of flood storage – loss of/changes to flow paths – acceleration or retardation of flows, or – any reduction in flood warning times elsewhere on the floodplain. |
REC210-0607 | 22 - Role of local Gvt | Elected representatives from councils should be informed of the results of each flood study relevant to the council’s region, and consider the ramifications of the study for land planning and emergency management. |
REC210-0670 | 22 - Role of local Gvt | Councils should not rely on a condition requiring an evacuation plan as the sole basis for approving a development susceptible to flooding. |
REC210-0700 | 6 - Insurance and legal liability | Insurers should review their existing systems and processes and implement any improvements necessary to ensure that accurate and complete records of conversations with policy-holders are made. |
REC210-0641 | 22 - Role of local Gvt | If the Queensland Government does not include such assessment criteria in model flood planning controls, councils should include assessment criteria in their planning schemes that require community infrastructure (including the types of community infrastructure which are identified in the Sustainable Planning Regulation 2009 and which the community needs to continue functioning, notwithstanding flood) to be located and designed to function effectively during and immediately after a flood of a specified level of risk. |
REC210-0747 | 6 - Insurance and legal liability | Seqwater should ensure a legal review of the Wivenhoe manual and the North Pine manual is completed before the manual is submitted for approval. |
REC210-0653 | 22 - Role of local Gvt | Councils (particularly Brisbane City Council) should consider including in their planning schemes more stringent standards for the design and construction of prescribed tidal work than those in the code for development applications for prescribed tidal work in the Coastal Protection and Management Regulation 2003. |
REC210-0605 | 22 - Role of local Gvt | As far as is practicable, councils should maintain up-to-date flood information |
REC210-0669 | 22 - Role of local Gvt | Councils should take care when imposing conditions to ensure that each condition has purpose; standardised conditions should not be included where they have no application to the development in question. |
REC210-0757 | 15 - Inter-service cooperation | The protocol should make provision for the use of telephone and/or radio where communication by email is not possible. Where necessary, CS Energy and Seqwater should make additional radio equipment available to relevant personnel. |
REC210-0632 | 22 - Role of local Gvt | If the Queensland Government does not include such a code in the model flood planning controls, councils should include in their planning schemes a flood overlay code that consolidates assessment criteria relating to flood. |
REC210-0698 | 22 - Role of local Gvt | Councils should consider implementing a property buy-back program in areas that are particularly vulnerable to regular flooding, as part of a broader floodplain management strategy, where possible obtaining funding from the Natural Disaster Resilience Program for this purpose. |
REC210-0735 | 6 - Insurance and legal liability | The Crime and Misconduct Commission should investigate whether the conduct of Mr Tibaldi, Mr Ayre and Mr Malone relating to: • preparation of documents surrounding the January 2011 flood event, including the 17 January 2011 brief to the Minister, the 2 March 2011 flood event report, and statements provided to the Commission • oral testimony given to the Commission evidences offence/s against the Criminal Code, and/or official misconduct under the Crime and Misconduct Act 2001 committed by any, or all, of them. |
REC210-0651 | 22 - Role of local Gvt | When approving applications for development which involve the manufacture or storage of hazardous materials, councils should not restrict the conditions imposed to ones which are solely reliant on human intervention to remove the materials in the event of flood. |
REC210-0769 | 22 - Role of local Gvt | Toowoomba Regional Council and the Department of Environment and Resource Management should continue to co-operate to assess the referable dam status of existing detention basins and any future detention basins constructed in the West Creek and East Creek catchment areas. |
REC210-0699 | 6 - Insurance and legal liability | When a policy-holder makes a claim, the insurer should ascertain the policy-holder’s preferred method of contact and ensure that it is used (with other modes of communication if necessary) to keep the policyholder informed about the progress of the claim. However, important decisions regarding the claim – for example, determinations about the outcome of the claim and settlement sums – should always be confirmed in writing. |
REC210-0668 | 22 - Role of local Gvt | Councils should review their assessment processes to ensure that: • the person with primary responsibility for the assessment of the development application considers what expert input is required • where a development application is subject to comment by a number of professionals, the responsibilities and accountability of each contributor are clear • where flood-related information is referred to an expert for advice, the expert is required to comment on the extent of compliance by reference to each relevant assessment criteria and identify and explain any inability to comment. |
REC210-0756 | 15 - Inter-service cooperation | CS Energy and Seqwater should agree upon and adhere to a formal communication protocol that requires CS Energy personnel to advise Seqwater, through the Flood Operations Centre, of water movements between Splityard Creek Dam and Wivenhoe Dam or Pryde Creek once a flood event is declared under the Manual of Operational Procedures for Flood Mitigation at Wivenhoe Dam and Somerset Dam. The protocol should ensure that a direct line of communication is established between CS Energy personnel physically located at the power station and the Flood Operations Centre. |
REC210-0630 | 22 - Role of local Gvt | If the Queensland Government does not include a requirement for such an overlay map in the model flood planning controls, councils should include a flood overlay map in their planning schemes. The map should identify the areas of a council region: • that are known not to be affected by flood • that are affected by flood and on which councils impose planning controls (there may be subsets in each area to which different planning controls attach) • for which there is no flood information available to council. |
REC210-0688 | 22 - Role of local Gvt | All councils should periodically conduct risk assessments to identify areas at risk of backflow flooding. In respect of such areas, councils should consider how such risks can be lessened, including in that process consideration of the installation of backflow prevention devices. Backflow devices should not, however, be installed unless and until a full risk based assessment has been undertaken. |
REC210-0703 | 6 - Insurance and legal liability | The Insurance Council of Australia should amend clause 3.4.3 of the General Insurance Code of Practice so that it requires insurers to inform policy-holders of their right to request a review of an insurer’s decision to refuse to provide access to information on which it relied in assessing claims. |
REC210-0650 | 22 - Role of local Gvt | If the Queensland Government does not include such assessment criteria in the model flood planning controls, councils should include assessment criteria in their planning schemes that require that: a. the manufacture or storage of bulk hazardous materials (as defined in State Planning Policy 1/03) take place above a certain flood level, determined following an appropriate risk based assessment, or b. structures on land susceptible to flooding and used for the manufacture or storage of bulk hazardous materials (as defined in State Planning Policy 1/03) be designed to prevent the intrusion of floodwaters |
REC210-0768 | 22 - Role of local Gvt | Toowoomba Regional Council should engage external consultants to carry out failure impact assessments on the detention basins along East Creek. |
REC210-0686 | 6 - Insurance and legal liability | SunWater and the Central Highlands Regional Council should determine the issues of ownership and responsibility for maintenance of the LN1 drain system in Emerald. |
REC210-0667 | 22 - Role of local Gvt | If the Queensland Government does not include such a policy in the model flood planning controls, councils should include a planning scheme policy in their planning schemes that sets out the information to be provided in development applications in relation to stormwater and flooding. The policy should specify: • the type of models and maps to be provided • the substantive information required to be shown in the development application • how the assumptions and methodologies used in preparing the models and maps should be presented • the form in which the information on stormwater and flooding is to be presented in the application. |
REC210-0610 | 22 - Role of local Gvt | Councils in floodplain areas should, resources allowing, develop comprehensive floodplain management plans that accord as closely as practicable with best practice principles. |
REC210-0687 | 22 - Role of local Gvt | The Bundaberg Regional Council should investigate the adequacy of the drain and take reasonable steps to ensure the Moore Park area is effectively served. |
REC210-0702 | 6 - Insurance and legal liability | The Insurance Council of Australia should consider an amendment to Part 3 of the code which requires insurers to notify policy-holders of the information on which they relied in assessing claims. |
REC210-0648 | 22 - Role of local Gvt | Councils should ensure that, when applications for environmentally relevant activities are approved by a council, the details of those activities, including their nature and location, are provided to the Department of Environment and Resource Management. |
REC210-0663 | 22 - Role of local Gvt | If the Queensland Government does not include such assessment criteria in the model flood planning controls, councils should consider including assessment criteria in their planning schemes that address: • the prospect of isolation or hindered evacuation • the impact of isolation or hindered evacuation. |
Rec-ID | Code | Recommendation |
---|---|---|
REC205-1906 | 6 - Insurance and legal liability | Governments should not subsidise household or business property insurance, whether directly or by underwriting risks. |
REC205-1905 | 6 - Insurance and legal liability | The Australian Government should only proceed with reforms that require all household insurers to offer flood cover if it can be demonstrated that the benefits to the wider community would exceed the costs. |
Rec-ID | Code | Recommendation |
---|---|---|
REC191-0261 | 6 - Insurance and legal liability | that the Minister for Police, Corrective Services and Emergency Services undertake a comprehensive legal review in order to clarify the legal position of RFBs and their members. |
REC191-0268 | 6 - Insurance and legal liability | that the QFRS investigate the possibility of insurance recovery when involved in vehicle retrieval activities at accident sites. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC187-2927 | 6 - Insurance and legal liability | The levels of the discounts and the phasing out periods be reviewed from time to time. |
REC187-2943 | 6 - Insurance and legal liability | That the Commonwealth Government guarantee payment of claims from the reinsurance pool by ensuring that, whenever a funding shortfall occurs in the pool through claims exceeding the funds held in the pool, the Commonwealth would meet the shortfall. |
REC187-2960 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the Code of Practice to impose a four month time limit (subject to exceptional circumstances) to make a determination as to liability and the nature of the loss or damage with respect to a claim. That, should a claimant not receive a determination within the four month period, the claim be automatically escalated to an internal dispute resolution complaint and the insurer notify the Code Compliance Committee of the breach of the Code. |
REC187-2932 | 6 - Insurance and legal liability | That all home contents insurance policies include flood cover. |
REC187-2949 | 6 - Insurance and legal liability | That all home, contents and home unit insurance policies cover the policyholder for storm surge, tsunami and landslide, where the storm surge, tsunami or landslide is the result of another event that is covered under the policy and regardless of whether the insured property directly suffers damage from the underlying insured event. |
REC187-2965 | 6 - Insurance and legal liability | That ASIC conduct a review of the General Insurance Code of Practice three years after the amendments recommended to the Code in this Review are implemented, in order to assess the effectiveness of the Code with a view to determining whether an ASIC Regulatory Guide for claims handling should then be introduced. |
REC187-2921 | 6 - Insurance and legal liability | The Commonwealth Government guarantee the payment of claims by ensuring that, whenever a funding shortfall occurs in the reinsurance facility through claims exceeding the funds held in the facility, the Commonwealth would meet the shortfall and the Commonwealth would seek reimbursement of a portion of the shortfall from the State or Territory government in whose jurisdiction the flood occurred. |
REC187-2937 | 6 - Insurance and legal liability | That flood premium discounts be delivered through a model that requires insurers to retain and price a portion of the risk with the remainder to be ceded to the reinsurance facility at a discounted reinsurance premium. |
REC187-2954 | 6 - Insurance and legal liability | That subsection 35(2) of the Insurance Contracts Act 1984 be amended so that policyholders are not deemed to be clearly informed of a deviation from ‘standard cover’ by simply being provided a copy of the insurance policy or product disclosure statement. |
REC187-2926 | 6 - Insurance and legal liability | That flood premium discounts be provided for home building insurance for eligible homes: |
REC187-2942 | 6 - Insurance and legal liability | That a flood risk reinsurance facility, or reinsurance pool, be established which would have two primary functions: |
REC187-2959 | 6 - Insurance and legal liability | That every APRA-authorised general insurer adopt and comply with the General Insurance Code of Practice. |
REC187-2931 | 6 - Insurance and legal liability | That the definition of a home for the purposes of flood cover and flood premium discounts be any building for which a homeowner purchases a home insurance policy. |
REC187-2948 | 6 - Insurance and legal liability | That: |
REC187-2964 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice such that the General Insurance Code Compliance Committee: |
REC187-2920 | 6 - Insurance and legal liability | That a system of premium discounts be introduced in order that most purchasers of home insurance, home contents and home unit insurance policies in areas subject to flood risk be eligible for discounts against the full cost of flood insurance. |
REC187-2936 | 6 - Insurance and legal liability | That the questions of flood cover as standard in small business policies and access to discounted premiums for small business policyholders should be revisited once the recommended arrangements for homes, home units and home contents are in place. |
REC187-2953 | 6 - Insurance and legal liability | That all home building insurance policies providing sum insured cover be modified by the end of 2014 so as to include replacement value cover in the event of total loss of the home. That during the transition period insurers consider how the design features of home building replacement value policies should respond following a natural disaster, including the conditions under which cash settlements are to be offered and finalised. |
REC187-2925 | 6 - Insurance and legal liability | That the following five principles underpin the design of a system of premium discounts: |
REC187-2941 | 6 - Insurance and legal liability | That homes at high and extreme risk of flood be provided with discounts initially and that they be assessed regularly for mitigation work already undertaken and the potential for further mitigation. |
REC187-2958 | 6 - Insurance and legal liability | That, in order to give general insurance policyholders the same legal remedies as other consumers, unfair contract terms laws be applied to general insurance. |
REC187-2930 | 6 - Insurance and legal liability | That flood premium discounts be provided, in the same manner as for homes, to the bodies corporate of eligible properties, and on the same basis as for detached homes. |
REC187-2947 | 6 - Insurance and legal liability | That the Agency charge insurers a small administrative fee for each policy ceded to the reinsurance facility. |
REC187-2963 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend the General Insurance Code of Practice to require that: |
REC187-2919 | 6 - Insurance and legal liability | That all home insurance, home contents and home unit insurance policies include flood cover. |
REC187-2935 | 6 - Insurance and legal liability | That flood premium discounts not be provided to small businesses and that the reinsurance facility not offer reinsurance for small businesses. |
REC187-2952 | 6 - Insurance and legal liability | That lending institutions remind mortgagors annually of their obligations to hold home insurance and of the risks of under-insurance in order to minimise non-insurance and under-insurance of homes. |
REC187-2968 | 6 - Insurance and legal liability | That the Government give priority to introducing legislation necessary to ensure that all home, contents and home unit insurance policies include flood cover and to establish a new national agency for flood risk management and flood reinsurance purposes. |
REC187-2924 | 6 - Insurance and legal liability | That whenever flood cover is included in home building insurance policies: |
REC187-2940 | 6 - Insurance and legal liability | That for home contents insurance policies, policyholders pay for that portion of the risk retained by the insurer and pay nothing for the remainder of the risk up to $100,000. For contents with a value greater than $100,000 policyholders then pay the full cost of the portion of risk exceeding $100,000. |
REC187-2957 | 6 - Insurance and legal liability | That the Commonwealth Government introduce a standard definition of flood in the form proposed in the ‘Reforming flood insurance: Clearing the waters’ consultation paper. |
REC187-2929 | 6 - Insurance and legal liability | That all home unit insurance policies include flood cover, in the same manner as for homes. |
REC187-2945 | 6 - Insurance and legal liability | That to facilitate flood risk information being made publicly available, Commonwealth, State and Territory governments grant indemnities to the providers of flood risk information if the information is obtained and provided in good faith and in the absence of any gross negligence. |
REC187-2962 | 6 - Insurance and legal liability | That the Insurance Council of Australia amend clause 4.5 of the General Insurance Code of Practice to extend the time within which claimants in natural disasters have the right to make further claims or lodge reviews after the finalisation of an initial claim to seven months from the date of the relevant natural disaster, regardless of when the initial claim was finalised. |
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 |
---|---|---|
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). |
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. |
Rec-ID | Code | Recommendation |
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REC176-0147 | 5 - Hazard reduction burns | The Commonwealth encourages further research into prescribed burning and its effectiveness and into alternative bushfire mitigation approaches through improved bushfire risk understanding at the asset level. |
Rec-ID | Code | Recommendation |
---|---|---|
REC165-0096 | 15 - Inter-service cooperation | The Department of Community Safety and Councils develop MOUs to reflect the genuine partnership that exists in present arrangements including an emphasis on the use of the agreed State disaster arrangements to task and deploy SES units following State/Local consultation. |
Rec-ID | Code | Recommendation |
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REC153-1780 | 22 - Role of local Gvt | That the Minister for Local Government cause rural councils to appoint an Officer whose duties consist entirely of bushfire prevention, such Officer being required to become a trained, operative member of the South Australian Country Fire Service during the currency of his or her appointment. |
REC153-1777 | 5 - Hazard reduction burns | That the Minister for Emergency Services and the Minister for Local Government consider the enactment of legislation that would empower Local Government to require the owners or occupiers of rural land to create fire breaks on the land of a kind that Local Government may determine and/or to require the removal of flammable materials from the land, as measures for preventing the outbreak of a bushfire, or for preventing the spread or extension of a bushfire. |
Rec-ID | Code | Recommendation |
---|---|---|
REC152-3401 | 15 - Inter-service cooperation | The streamlining correspondence to Emergency Service Agencies |
Rec-ID | Code | Recommendation |
---|---|---|
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: |
REC145-3212 | 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 |
---|---|---|
REC139-3546 | 22 - Role of local Gvt | Local Government to be maintained as an important component of bushfire management in South Australia because of the link with the community. |
Rec-ID | Code | Recommendation |
---|---|---|
REC117-3635 | 15 - Inter-service cooperation | The ANAO recommends that the Attorney-General’s Department, in consultation with the Department of the Prime Minister and Cabinet and the National Counter-Terrorism Committee, seek to create systematic mechanisms for better targeting and evaluating inter- agency coordination within the National Capability Development Exercise Programme and continuous improvement cycle. |
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. |
REC116-2098 | 15 - Inter-service cooperation | The Working Group recommends that Emergency Management Australia (EMA) facilitate national discussions into the capability of States/Territories to ensure thorough collaborative systems and plans for inter-jurisdictional resource interoperability exist, and where this has not already occurred at State/Territory level and appropriate agencies, committees or government departments can be identified, they should be tasked with progressing specific issues in the following areas: |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC098-2142 | 5 - Hazard reduction burns | The Committee recommends that the Commonwealth seek to ensure that the Council of Australian Governments seek agreement from the states and territories on the optimisation and implementation of prescribed burning targets and programs to a degree that is recognised as adequate for the protection of life, property and the environment. The prescribed burning programs should include strategic evaluation of fuel management at the regional level and the results of annual fuel management in each state should be publicly reported and audited. |
REC098-2183 | 6 - Insurance and legal liability | Further to recommendation 21 in Chapter 4, the Committee recommends that the Commonwealth seeks to ensure that the proposed Council of Australian Governments review of the bushfire management, initiate |
REC098-2175 | 6 - Insurance and legal liability | The Committee recommends that insurance companies ensure that potential and existing policyholders are aware of the need to regularly review their insurance policies to prevent undervaluing. This could be done through renewal notices and quarterly reminders. This should include a list of bushfire risk reduction measures that policyholders can implement to decrease the cost of their premium. |
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. |
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] |