The wide-reaching recommendations cut across national and state-based responses, and said there needs to be standardised and consistent approaches. A national cabinet approach is also recommended.

Among its key recommendations are that the federal government has the power to declare a national emergency, a meeting of state and territory leaders like the national cabinet during disasters to take place, and a new body to coordinate national efforts be set up.

The commission was chaired by retired air chief marshal Mark Binskin, along with former Federal Court judge Annabelle Bennett and climate policy expert Professor Andrew Macintosh making up the panel of three.

The commission stated that every state and territory suffered a fire to some extent. 

“Australia needs to be better prepared for these natural disasters. They may not happen every year, but when they happen, they can be catastrophic,” the commission chairs stated.

“The summer of 2019-2020 – in which some communities experienced drought, heatwaves, bushfires, hailstorms and flooding – provided only a glimpse of the types of events that Australia may face in the future.”

The Law Council of Australia president Pauline Wright said it is not surprising that the importance of legal assistance in times of emergency features prominently in the royal commission report.

VIEW ALL

“As noted in the report, the delivery of legal assistance is a key example of non-government recovery support playing a fundamental role in helping individuals who are adversely affected by natural disasters,” she said.

“The legal profession has consistently stood up to the challenges of natural disasters through the provision of emergency support, led by the community legal sector, legal aid commissions and the pro bono contribution of private practitioners.

“That is why the Law Council believes that the mobilisation of outreach centres providing on-the-ground advice, telephone advice services and dedicated online and physical resources are vital to communities following disaster events and must be linked to long term support and recovery from disasters.”

However, Ms Wright also said the report highlighted a need for improved planning and coordination in the delivery of these services, including a recommendation for pre-agreed recovery programs that include the provision of legal assistance. Importantly, the report noted that non-government organisations should be included in this recovery planning process.

Ms Wright called on the Australian government to consider additional resourcing for the legal assistance sector.

Impacts on risk not covered

Meanwhile, the Financial Rights Legal Centre is concerned that recommendations in the final report do not go far enough to address mitigation and the rising costs of insurance.

Financial Rights chief executive Karen Cox said many of the recommendations in the bushfires royal commission final report were important and encouraging.

“The Royal Commission has recognised the great challenges consumers face when it comes to the rising costs of insurance in Australia,” Ms Cox said.

However, Ms Cox said that if Australia wants to assist our regional communities to thrive, we must address insurance affordability in bushfire-prone areas.

The royal commission recommended that the insurance industry should produce and communicate to consumers clear guidance on individual-level natural hazard risk mitigation actions that insurers will recognise in setting insurance premiums.

“The lack of transparency in insurance premiums and the ability to challenge an insurer’s assessment of risk is a big concern for many consumers particularly people struggling in regional and rural areas,” Ms Cox said.

“Insurers must step up to the plate. Where mitigation work is done, insurers should commit to reducing their premiums.”

Ms Cox said, unfortunately, the royal commission also did not specifically address the need for the Australian government to increase funding for mitigation projects as was recommended by the NSW Bushfire Inquiry.

Expert in environmental law and planning RMIT Professor Michael Buxton, also stated the report failed to provide a clear direction on land use planning as a crucial means to limit or prevent risk to communities from natural disasters.

“While it agrees that land use planning and exposure to risk are ‘inextricably linked’, it doesn’t address the need for increased regulation,” he said.

“It ignores the recommendations from other bushfire enquiries about the need for stronger planning controls to prevent new dwelling construction in high-risk areas such as the edges of townships and rural landscapes.

“It concludes that states should consider risks in land use planning decisions. None of this is explained or given any detail on implementation.”

Lawyers Weekly has relaunched its 2020 Corporate Counsel Summit, to be held on 5-6 November. This free live-stream event is a must-attend, providing in-house lawyers with the latest insights and trends that are shaping the way of the future.

For more information about the event, click here.