Inquiry Search
Rec-ID | Code | Recommendation |
---|---|---|
REC321-4211 | 1 - Land-use and building regs | We recommend that CFA (in consultation with FRV) improves planning on private land to ensure risk assessments and plans are conducted consistently across public and private land to address state-wide bushfire risk based on where and how they can most effectively reduce risk. |
REC321-4214 | 1 - Land-use and building regs | We recommend that DELWP determines which elements of different regional planning approaches are the most effective and implements these across the state. |
REC321-4215 | 1 - Land-use and building regs | We recommend that DELWP develops more holistic bushfire-management planning that focuses on the best mix of risk treatments rather than planned burning alone. |
Rec-ID | Code | Recommendation |
---|---|---|
REC319-4195 | 33 - Relief and recovery | Relief and recovery funding: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, leads the development of a comprehensive, person-centred, trauma-informed recovery financial assistance system that establishes: |
REC319-4196 | 33 - Relief and recovery | Relief and recovery funding: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, works with the emergency management sector to develop a recovery funding model that enables: |
REC319-4198 | 33 - Relief and recovery | Relief and recovery capability: The Inspector-General for Emergency Management recommends that the Department of Jobs, Precincts and Regions works with the entity referred to in Recommendation 13, or otherwise responsible government department and/or Municipal Association of Victoria, councils and local relief and recovery organisations to provide centralised capability development opportunities to increase local capability and capacity to plan and deliver on their relief and recovery responsibilities: |
REC319-4200 | 33 - Relief and recovery | Foundations of emergency management: The Inspector-General for Emergency Management recommends that Emergency Management Victoria and the entity referred to in Recommendation 13, or otherwise responsible government department – in consultation with the emergency management sector – establish policies and platforms to improve operational and personal information sharing between relief and recovery organisations. These policies and platforms should enable: |
REC319-4187 | 33 - Relief and recovery | Recovery governance: The Inspector-General for Emergency Management recommends that the entity referred to in Recommendation 13, or otherwise responsible government department, work with councils, relevant recovery organisations and communities to develop clear roles and responsibilities for: |
REC319-4189 | 33 - Relief and recovery | Donated good: The Inspector-General for Emergency Management recommends that Emergency Management Victoria and the entity referred to in Recommendation 13, or otherwise responsible government department: |
Rec-ID | Code | Recommendation |
---|---|---|
REC317-4126 | 33 - Relief and recovery | Australian, state and territory governments should expedite the development of pre-agreed recovery programs, including those that address social needs, such as legal assistance domestic violence, and also environmental recovery. |
REC317-4116 | 33 - Relief and recovery | Governments should create and publish standing policy guidance on whether they will or will not assist to clean-up debris, including contaminated debris, resulting from natural hazards. |
REC317-4124 | 6 - Insurance and legal liability | In reviewing the Disaster Recovery Funding Arrangements, Australian, state and territory governments should examine the small disaster criterion, and financial thresholds generally. |
REC317-4113 | 6 - Insurance and legal liability | The insurance industry, as represented by the Insurance Council of Australia, working with state and territory governments and other relevant stakeholders, should produce and communicate to consumers clear guidance on individual-level natural hazard risk mitigation actions insurers will recognise in setting insurance premiums. |
REC317-4122 | 33 - Relief and recovery | Australian, state and territory and local governments should evaluate the effectiveness of existing financial assistance measures to inform the development of a suite of pre-effective pre-determined recovery supports. |
REC317-4104 | 33 - Relief and recovery | Australian, state and territory governments should refine arrangements to support localised planning and the delivery of appropriate mental health services following a natural disaster. |
REC317-4119 | 33 - Relief and recovery | The Australian Government, through the mechanism of the proposed standing national recovery and resilience agency, should convene regular and ongoing national forums for charities, non-government organisations and volunteer groups, with a role in natural disaster recovery, with a view to continuous improvement of coordination of recovery support. |
REC317-4115 | 1 - Land-use and building regs | The Australian Building Codes Board, working with other bodies as appropriate, should: |
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. |
REC317-4081 | 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. |
REC317-4118 | 33 - Relief and recovery | Australian, state and territory governments should create a single national scheme for the regulation of charitable fundraising. |
REC317-4127 | 33 - Relief and recovery | Australian, state and territory governments should incorporate the principle of ‘build back better’ more broadly into the Disaster Recovery Funding Arrangements. |
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. |
REC317-4080 | 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. |
REC317-4117 | 33 - Relief and recovery | State and territory governments should develop and implement efficient and effective arrangements to: |
Rec-ID | Code | Recommendation |
---|---|---|
REC299-1342 | 6 - Insurance and legal liability | That fire managers responsible for planned burns be |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC297-1261 | 28 - Personal responsibility | That heightened awareness and action is needed by communities when BoM issues flood watches and related warnings. Councils and SES need to facilitate this. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC286-2077 | 6 - Insurance and legal liability | Improve working relationship with the insurance industry to access impact information. |
REC286-1479 | 6 - Insurance and legal liability | Ensure appropriate levels of insurance of public assets from flood risks. |
REC286-2040 | 1 - Land-use and building regs | Further development of Landslide Hazard Banding of the State (MRT). |
REC286-2047 | 6 - Insurance and legal liability | Raise public awareness of the limitations of general insurance relating to landslide. |
REC286-1474 | 1 - Land-use and building regs | Raised access routes. |
REC286-2038 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning reforms to evaluate effectiveness of delivering desired outcomes. |
REC286-2051 | 1 - Land-use and building regs | Establish arrangements to enable the buy-back of specified landslip prone land. |
REC286-2020 | 6 - Insurance and legal liability | Improve insurance affordability. |
REC286-1471 | 1 - Land-use and building regs | Promote the use of Water Sensitive Urban Design in stormwater systems. |
REC286-2037 | 1 - Land-use and building regs | Make property level information on landslide hazards publicly available |
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. |
REC286-2016 | 6 - Insurance and legal liability | Review legal liability of participants in prevention and mitigation preparedness, response and recovery activities. |
REC286-1453 | 1 - Land-use and building regs | Review building controls to ensure they are adaptive to changing coastal inundation risks. |
REC286-2023 | 1 - Land-use and building regs | Locate and design new public infrastructure so that it can continue to operate during flood events. |
REC286-2046 | 1 - Land-use and building regs | Incentivising safer sites (charge people less rates and discounts for defensive actions by land managers). |
REC286-1451 | 1 - Land-use and building regs | Include consideration of coastal inundation in land use planning for new developments and uses. |
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. |
REC286-1435 | 1 - Land-use and building regs | Monitor effectiveness of new Land Use Planning and Building System reforms to evaluate effectiveness of delivering desired outcomes. |
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. |
REC258-2543 | 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 |
---|---|---|
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: |
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 |
---|---|---|
REC250-0795 | 33 - Relief and recovery | Regional Development Victoria should implement the recommendations from the Department of Planning and Community Development's review of the Community Recovery Fund to improve the delivery of relief and recovery programs in the future. |
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. |
REC247-0906 | 18 - Access to fire ground | That emergency management plans recognise the need to provide priority access to areas of emergency operations for critical infrastructure providers. |
REC247-0899 | 18 - Access to fire ground | That appropriate plans are made to mobilise resources quickly to re-open roads affected by emergencies. |
REC247-0910 | 33 - Relief and recovery | That suitable facilities are established from which to effectively control and coordinate immediate recovery operations. |
REC247-0885 | 18 - Access to fire ground | That arrangements are made for and appropriate pre-planning occurs to effectively implement the policy on road closures and traffic management. |
REC247-0942 | 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. |
REC247-0907 | 33 - Relief and recovery | That the State Emergency Management Committee ensures that a program of debriefing on recovery issues is completed by all relevant agencies and organisations, and detailed plans and operating procedures are established ready for implementation. |
REC247-0884 | 18 - Access to fire ground | That Tasmania Police reviews its Emergency Traffic Management Points policy; and develops a multi-agency policy in the emergency management plans for road closures and traffic management, including clarity in decision making, coordination and sufficient operational flexibility. |
REC247-0896 | 33 - Relief and recovery | That the state level structural arrangements for managing recovery operations are reviewed. |
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 |
---|---|---|
REC233-1602 | 28 - Personal responsibility | Individuals without a mobile phone who are concerned about access to Triple Zero during a prolonged telecommunications outage could consider purchasing a low cost mobile phone with a charger to keep at home for use during such outages. Since mobile phones do not require SIM cards to make emergency calls (‘000’ and ‘112’), there will be no ongoing costs. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC217-1811 | 1 - Land-use and building regs | Responsible authorities will identify low priority levees for potential removal, and have them removed when funding becomes available. |
REC217-1818 | 1 - Land-use and building regs | The Department of Sustainability and Environment to review ownership of Grampians Wimmera Mallee Water’s Yarriambiack Creek levee, with a view to the appointment of a more suitable public managing authority/authorities. |
REC217-1810 | 1 - Land-use and building regs | Where a levee has been identified as low priority, and beneficiaries are not willing to contribute to its maintenance, public authorities will inform levee beneficiaries that they will not fund the repair of their levee following a flood event. |
REC217-1817 | 1 - Land-use and building regs | The current technical guidelines for the construction of levee systems will be reviewed. A revised Levee Design, Construction and Maintenance technical guidelines will include guidelines for the construction of both priority public levees, and private levees on private land, such as ring levees, which protect key assets. These guidelines will be made available to all rural councils, who will make landowners constructing new levees on their property aware of the principles and specifications contained in the guidelines and encourage construction based on them. |
REC217-1809 | 1 - Land-use and building regs | All priority public levees not currently the subject of approved schemes, will become subject to approved schemes under Division 5, Part 10 of the Water Act 1989. Such schemes will articulate an agreed set of terms, including: |
REC217-1815 | 1 - Land-use and building regs | A regular inspection and maintenance regime will be undertaken for all high priority levees managed by a public authority. All such levees will be inspected by the relevant public authority on an annual basis, and after a flood event. All levees will have a regular maintenance schedule. |
REC217-1832 | 1 - Land-use and building regs | The revised Victoria Flood Management Strategy should clearly identify authorities and assign responsibilities for stream blockage and debris removal in waterways posing a high risk to public infrastructure both during and after a flood: |
REC217-1808 | 1 - Land-use and building regs | The revised Victoria Flood Management Strategy should provide a strategic framework for the management and ongoing maintenance of Victoria’s levees. The Victoria Flood Management Strategy will provide criteria for a consistent statewide approach to the prioritisation of the state’s levees for future management and investment: |
REC217-1813 | 1 - Land-use and building regs | The Department of Sustainability and Environment will develop guidelines for streamlining the permitting system for conducting works on levees for incorporation in the revised Victoria Flood Management Strategy, in order for maintenance on all levees to occur more quickly. The guidelines will outline circumstances in which exemptions from current approval processes are appropriate. Councils will be permitted to obtain exemptions within their planning schemes for: |
REC217-1831 | 1 - Land-use and building regs | Significant modification of waterways in urban or rural areas will only be considered after the completion of a flood risk management process, undertaken in consultation with members of the community. |
REC217-1807 | 1 - Land-use and building regs | A revised Victoria Flood Management Strategy is needed and should clearly articulate the principles, roles and responsibilities for the ownership, management and ongoing maintenance of Victoria’s levees. Neither land tenure nor prior government involvement will dictate ownership of public levees: |
REC217-1812 | 1 - Land-use and building regs | Streamlined processes to enable access to levees for the purposes of conducting works, including maintenance, must be implemented. Where a levee is managed by a public authority as part of a formal scheme, and is sited on either private land, or on a mixture of public and private land, access to private land for works will be negotiated as part of any scheme agreement. Where a levee is sited on public land, but is not managed by a public authority, local beneficiaries willing to conduct maintenance will be given access to do so, provided: |
REC217-1821 | 1 - Land-use and building regs | Where flood investigations show positive and cost effective outcomes, infrastructure providers, such as VicRoads, will consider enhancing their infrastructure to act as levees. Any development of this nature will require collaboration with, and the approval of, the relevant floodplain authorities. |
Rec-ID | Code | Recommendation |
---|---|---|
REC215-1875 | 1 - Land-use and building regs | Fire services can improve outcomes by seeking input to decisions about siting, design and fire water systems as part of the planning and licensing processes |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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 |
---|---|---|
REC199-0488 | 33 - Relief and recovery | the Department of Human Services develop proactive strategies to provide information and assistance for people applying for emergency grants. |
REC199-0473 | 33 - Relief and recovery | the state make available to the public a clear guide of who is responsible for: • clean-up and recovery of various types of infrastructure that straddle the public/private boundary; and • the policies agencies will follow in determining whether to repair infrastructure under their control. |
REC199-0480 | 33 - Relief and recovery | the state clarify the transition to recovery arrangements including the processes for approving and funding of essential works after transition to recovery has been formalised. |
REC199-0472 | 33 - Relief and recovery | the state review the legislation and policies that set out clean-up and recovery responsibilities for infrastructure such as crossovers, culverts, drains, bridges and waterways, including consideration of: • whether the entities who are given obligations or powers to undertake clean-up works have the capacity to do so; and • the appropriateness of having different legal regimes for what is essentially the same piece of infrastructure. If the review reveals that the current responsibility matrix is inadequate, the state develop an action plan to address the identified shortcomings. |
REC199-0479 | 33 - Relief and recovery | the state review the way early outreach occurs and implement changes that will ensure that there is a consistency of approach regardless of which agency undertakes the service. |
REC199-0491 | 33 - Relief and recovery | the state: • ensure that the concerns raised by Victorians regarding the Natural Disaster Relief and Recovery Arrangements are provided to the national review, including the issues of: – betterment (what it means and how it is applied); and – the 51 per cent income rule for eligibility of businesses for grants. • establish a single point of information (such as the single web portal referred to in recommendation 33) on all emergency related financial assistance available to individuals, businesses and local government. The means of accessing this information should be widely circulated in the community. |
REC199-0460 | 6 - Insurance and legal liability | the state formalise and continue the Emergency Response Legal Advisers Forum. |
REC199-0478 | 33 - Relief and recovery | the state amend the current protocol governing National Registration and Inquiry System information collection and sharing to: • clarify the role of councils and Centrelink during and after emergencies • ensure the amended protocol is written in plain English and easily understood; and • coordinate, in conjunction with the state and federal privacy commissioners, the development of a new National Registration and Inquiry System information sharing protocol in line with the proposed National Registration and Inquiry System 6 and state or federal privacy legislation. |
REC199-0490 | 33 - Relief and recovery | the state finalise the 2008 review of Victoria’s municipal assistance. This should include addressing: • the provision of upfront funding for local councils for repair of community assets • packages for early relief and recovery to be included in both the Natural Disaster Funding Arrangements and the Natural Disaster Relief and Recovery Arrangements, including outreach packages; and • the process of reimbursement of local councils after floods. |
REC199-0476 | 6 - Insurance and legal liability | the Department of Planning and Community Development examine strategies to address and clarify insurance coverage of community volunteers in emergency events |
REC199-0489 | 33 - Relief and recovery | the state implement arrangements to improve the support provided to local government on disaster financing before, during and after emergency events. |
REC199-0485 | 1 - Land-use and building regs | the state: • adopt a strategy to expedite incorporation of updated flood mapping or modelling into planning schemes • reconsider in what circumstances the ‘1 in 100 year event’ is the appropriate design event • actively support the Australian Building Code Board in its development of a new national standard for residential buildings in flood prone areas. Until such time as any new standard is incorporated into Victorian law, provide advice to householders about appropriate building materials for flood prone areas and ways that houses can be designed or adapted to mitigate flood risk; and • retain the ability of a Catchment Management Authority to require a council to refuse a planning permit or impose particular conditions when the Catchment Management Authority considers the flooding risk to be unacceptable. |
REC199-0474 | 33 - Relief and recovery | the state, in respect of the Rapid Impact Assessment process: • resolve which agency/ies has policy and operational responsibility for this process • define the purpose of Rapid Impact Assessment; and • review the process, in light of the 2010–11 floods, to examine options to improve the efficiency of the collection of information. |
Rec-ID | Code | Recommendation |
---|---|---|
REC188-2915 | 33 - Relief and recovery | The committee recommends that Department of Immigration and Citizenship (DIAC) and its relevant contractors continue to monitor the wellbeing of the survivors and that counselling and support services should be provided for as long as is necessary. |
REC188-2917 | 33 - Relief and recovery | The committee recommends that relevant Commonwealth agencies continue to monitor the wellbeing of their personnel and that counselling and support services should be provided for as long as necessary. |
REC188-2916 | 33 - Relief and recovery | The committee recommends that the Department of Regional Australia and DIAC liaise with the Christmas Island community to explore options for a permanent memorial to be erected on the island, at a site of the residents' choosing, for the victims of the tragedy. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC181-0197 | 1 - Land-use and building regs | Standards Australia do the following: ■ amend the objective of AS 3959-2009, Construction of Buildings in Bushfire-prone Areas, to ensure that it incorporates reducing the risk of ignition from ember attack; ■ review, and amend as appropriate, the testing methods prescribed in its standards for Tests on Elements of Construction for Buildings Exposed to Simulated Bushfire Attack (AS 1530.8.1 and AS 1530.8.2) to ensure that, so far as is possible, the methods provide a reliable predictor of the performance of construction elements under bushfire conditions. |
REC181-0205 | 1 - Land-use and building regs | The State initiate the development of education and training options to improve understanding of bushfire risk management in the building and planning regimes by: ■ providing regular training and guidance material to planning and building practitioners; ■ providing regular training and guidance material to planning and building practitioners. |
REC181-0196 | 1 - Land-use and building regs | The State develop and implement a retreat and resettlement strategy for existing developments in areas of unacceptably high bushfire risk, including a scheme for non-compulsory acquisition by the State of land in these areas. |
REC181-0203 | 1 - Land-use and building regs | The State amend s. 32 of the Sale of Land Act 1962 to require that a vendor’s statement include whether the land is in a designated Bushfire-prone Area, a statement about the standard (if any) to which the dwelling was constructed, the bushfire attack level assessment at the time of construction (where relevant) and a current bushfire attack level assessment of the site of the dwelling. |
REC181-0191 | 1 - Land-use and building regs | The State: ■ amend the Victoria Planning Provisions to require that, when assessing a permit to remove native vegetation around an existing dwelling, the responsible authority and the Department of Sustainability and Environment, as referral authority, take into account fire hazard and give weight to fire protection purposes; ■ develop guidelines for determining the maximum level of native vegetation removal for bushfire risk mitigation, beyond which level the application would be rejected. |
REC181-0200 | 1 - Land-use and building regs | Standards Australia move expeditiously to develop a standard for bushfire sprinklers and sprayers. |
REC181-0190 | 1 - Land-use and building regs | The Country Fire Authority amend its guidelines for assessing permit applications for dwellings, nondwellings and subdivisions in the Bushfire-prone Overlay in order to accommodate the amendments to the Wildfire Management Overlay that are implemented as a result of recommendation 39 and make the guidelines available to municipal councils and the public. The revised guidelines should do the following: ■ substantially restrict new developments and subdivisions in those areas of highest risk in the Bushfire-prone Overlay; ■ set out the CFA’s guidelines for assessing permit applications for dwellings, non-dwellings and subdivisions—including the minimum defendable space requirements for different risk levels; ■ clarify that the CFA will approve new developments and subdivisions only if the recommended bushfire protection measures—including the minimum defendable space—can be created and maintained on a continuing basis; ■ clarify that the CFA will approve new developments and subdivisions only if the recommended bushfire protection measures—including the minimum defendable space—can be created and maintained on a continuing basis; ■ emphasise the need for enduring permit conditions—in particular, conditions for the creation and maintenance of minimum defendable space to be maintained for the life of the development. |
REC181-0169 | 18 - Access to fire ground | The Country Fire Authority provide to all CFA volunteers an identification card or similar to facilitate their passage through roadblocks established in accordance with the 2009 Guidelines for the Operation of Traffic Management Points during Wildfires. |
REC181-0199 | 1 - Land-use and building regs | The State modify its adoption of the Building Code of Australia for the following purposes: ■ to remove deemed-to-satisfy provisions for the construction of buildings in BAL-FZ (the Flame Zone); ■ to apply bushfire construction provisions to non-residential buildings that will be occupied by people who are particularly vulnerable to bushfire attack, such as schools, child care centres, hospitals and aged care facilities; ■ other than in exceptional circumstances, to apply a minimum AS 3959-2009 construction level of BAL-12.5 to all new buildings and extensions in bushfire-prone areas. |
REC181-0189 | 1 - Land-use and building regs | The State amend the Victoria Planning Provisions relating to bushfire to ensure that the provisions give priority to the protection of human life, adopt a clear objective of substantially restricting development in the areas of highest bushfire risk—giving due consideration to biodiversity conservation—and provide clear guidance for decision makers. The amendments should take account of the conclusions reached by the Commission and do the following: ■ outline the State’s objectives for managing bushfire risk through land-use planning in an amended state planning policy for bushfire, as set out in clause 15.07 of the Victoria Planning Provisions; ■ allow municipal councils to include a minimum lot size for use of land for a dwelling, both with and without a permit, in a schedule to each of the Rural Living Zone, Green Wedge Zone, Green Wedge A Zone, Rural Conservation Zone, Farming Zone and Rural Activity Zone; ■ amend clause 44.06 of the Victoria Planning Provisions to provide a comprehensive Bushfire-prone Overlay provision. |
REC181-0198 | 1 - Land-use and building regs | The Australian Building Codes Board do the following: ■ amend the performance requirements in the Building Code of Australia to ensure that they incorporate reducing the risk of ignition from ember attack; ■ work with Standards Australia to effect expeditious continuing review and development of AS 3959, Construction of Buildings in Bushfire-prone Areas, and other bushfire-related standards referred to in the Building Code of Australia; ■ negotiate with Standards Australia and SAI Global Ltd an arrangement for free online access to AS 3959-2009, Construction of Buildings in Bushfire-prone Areas, the other Australian standards referred to in AS 3959-2009, and any other bushfire-related Australian standards referred to in the Building Code of Australia; ■ amend the Building Code of Australia to remove deemed-to-satisfy provisions for the construction of buildings in BAL-FZ (the Flame Zone); ■ include in the Building Code of Australia bushfire construction provisions for non-residential buildings that will be occupied by people who are particularly vulnerable to bushfire attack, such as schools, child care centres, hospitals and aged care facilities. |
REC181-0188 | 1 - Land-use and building regs | The State implement a regional settlement policy that: ■ takes account of the management of bushfire risk, including that associated with small, undeveloped rural lots; ■ includes a process for responding to bushfire risk at the planning stage for new urban developments in regional cities, the process being similar to that used for new developments in Melbourne’s Urban Growth Zone. |
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 |
---|---|---|
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 |
---|---|---|
REC156-3516 | 28 - Personal responsibility | All Victorians should: |
Rec-ID | Code | Recommendation |
---|---|---|
REC155-3480 | 1 - Land-use and building regs | That the Integrated Fire Management Planning framework establish zones in the interface between public and private land in which bushfire risk management is the shared responsibility of the Victorian Government and private landholders. |
REC155-3481 | 6 - Insurance and legal liability | That the Victorian Government establish a clear and consistent Bushfire Fencing Policy for damage caused by all future bushfires and prescribed burns. The Bushfire Fencing Policy should include the following provisions: |
REC155-3471 | 6 - Insurance and legal liability | That the Victorian Government replace or compensate for water taken from domestic, stock and irrigation dams, or water needed for essential use, in the event of a fire, regardless of where the bushfire starts. |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
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: |
REC145-3222 | 1 - Land-use and building regs | The Committee recommends that the Australian Government: |
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. |
REC145-3214 | 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. |
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 |
---|---|---|
REC116-2122 | 33 - Relief and recovery | The Working Group recommends that States/Territories consider their ability to house large numbers of domestic pets, and where necessary, develop plans and arrangements that facilitate this need. |
REC116-2120 | 33 - Relief and recovery | The Working Group recommends that the National Recovery Coordinators Group considers the issue of emergency relief centres in the context of catastrophic disaster with a view to assisting jurisdictions to plan for the need to accommodate thousands of people following a disaster. |
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. |
REC116-2117 | 33 - Relief and recovery | The Working Group recommends that potential shortfalls in the capacity to deal with large numbers of unprotected children and other special needs groups in a catastrophic event be referred to the Disaster Recovery Sub Committee of Community Services Ministers’ Advisory Council (CSMAC) for consideration and report back. |
REC116-2103 | 33 - Relief and recovery | The Working Group recommends that jurisdictions plan for the logistics of supply and delivery of meals to large numbers of homebound persons in an attempt to identify possible ways of resolving existing shortcomings. |
Rec-ID | Code | Recommendation |
---|---|---|
REC112-3927 | 6 - Insurance and legal liability | That PSB and PIRVIC review their service agreement to ensure that PIRVIC is compensated for its costs in providing PSB with the specified level of service. |
Rec-ID | Code | Recommendation |
---|---|---|
REC104-2310 | 33 - Relief and recovery | That recovery is recognised as commencing at the same time as response and that recovery planning and delivery is an integral part of the operations of the Municipal Emergency Co-ordination Centres. |
REC104-2217 | 6 - Insurance and legal liability | That CFA, in their education and information packages, encourage appropriate insurance cover, and ensure that insurance becomes a part of the householder’s annual checklist. |
REC104-2307 | 33 - Relief and recovery | That the Victorian Government recommend to the Commonwealth Government that it reviews eligibility for those without employment who may or may not be engaged in an emergency response, and are unable to access the appropriate infrastructure to register for financial assistance. |
REC104-2316 | 33 - Relief and recovery | That the State Emergency Recovery Committee explore opportunities to establish a 'one-stop shop’ approach wherever practicable following emergencies, including a single telephone number to connect a person to all agencies involved in the recovery process. |
REC104-2306 | 33 - Relief and recovery | That VicRoads and Municipal Councils review procedures and processes to ensure that the identification and delivery of remedial works on State and Council roads following emergency events are as efficient as possible. |
REC104-2314 | 33 - Relief and recovery | That DHS, in conjunction with Local Government, Government departments and the nongovernment sector, modify recovery planning at all levels to include a case management approach supported by an appropriate information system to be activated at the time of an emergency. |
REC104-2305 | 33 - Relief and recovery | That DPI actively promote as widely as possible within the community, the agricultural recovery service available during emergencies to ensure that all farmers are aware of the services provided. |
REC104-2313 | 33 - Relief and recovery | That Government review the emergency relief and financial assistance policy, and develop and communicate a predictable, consistent and equitable policy designed to assist the community to recover from emergencies, including natural disasters. |
REC104-2231 | 6 - Insurance and legal liability | That DSE commences discussion with the Victorian WorkCover Authority in respect to employer liability for those staff being released to, and directed, by another agency in fire prevention and suppression activities. |
REC104-2312 | 33 - Relief and recovery | That all agencies engaged in recovery participate in community briefings prior to and during emergency events, to ensure recovery issues are reinforced and communities are informed of the processes established to assist individuals – including matters that are not the responsibility of Victoria, such as Centrelink payments. |
REC104-2291 | 28 - Personal responsibility | That after each fire season, measures of the effectiveness of aerial firefighting be collated, analysed and used for the assessment of the State Aircraft Fleet composition and the adequacy of Training and Accreditation programs. |
REC104-2218 | 6 - Insurance and legal liability | That Government work with the insurance industry to explore options for incentives such as a reduction in premiums for those who take appropriate self-protection measures on their properties, similar to incentives for anti-theft home security |
Rec-ID | Code | Recommendation |
---|---|---|
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. |
REC098-2183 | 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. |
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. |
REC098-2157 | 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. |
REC098-2176 | 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. |
Rec-ID | Code | Recommendation |
---|---|---|
REC015_3960 | 33 - Relief and recovery | It is recommended that the Forests Commission recognize and provide for the efficient exercise of three major functions, namely those of Commerce, Reclamation and Rehabilitation. |