The Committee recommends that the Australian Securities and Investments Commission (ASIC) appropriately use powers that it has as a result of the removal of the exemption of claims handling of insurance products under the Corporations Act 2001. The Committee notes that ASIC has only recently been granted such powers and they are as yet untested.

The Australian Government should make provision, in legislation, for a declaration of a state of national emergency. The declaration should include the following components:
(1) the ability for the Australian Government to make a public declaration to communicate the seriousness of a natural disaster
(2) processes to mobilise and activate Australian Government agencies quickly to support states and territories to respond to and recover from a natural disaster, and
(3) the power to take action without a state or territory request for assistance in clearly defined and limited circumstances. 

The committee recommends that the Australian Transport Safety Bureau retrieve VH-NGA flight data recorders without further delay.

DFES or DEC (depending on land tenure) is mandated to take over control of emergency incidents from Local Government once they have been declared Level 2 incidents. WESTPLAN BUSHFIRE and legislation to be amended accordingly.

The Minister for Emergency Services amend section 50 of the Emergency Management Act 2005 by June 2012 to allow the State Emergency Coordinator, as well as a hazard management agency, to make an emergency situation declaration.

The State Government amend section 50 of the Emergency Management Act 2005 to allow the Chair of the State Emergency Coordination Group to declare an emergency situation.

NOPSA’s prohibition powers should be extended such that a prohibition notice can be issued where a NOPSA Occupational Health and Safety Inspector believes, on reasonable grounds, that an activity is occurring or may occur at a facility involving an immediate threat to the health or safety of a person.

The Committee recommends that the Commonwealth investigate, and where necessary, require the urgent enhancement of the provision of emergency power and telecommunications services for the purpose of
restoring essential services expeditiously in areas affected by fire or other natural disaster and where necessary to place licence requirements on telecommunication providers to do so.