Scott Morrison to take control in an ‘exceptional’ crisis

Australia needs new powers to intervene in natural disasters and override the states, bushfire inquiry finds.

NSW Rural Fire Service crews protect properties on Kellyknack Road, Wrights Creek, NSW. Picture: AAP

The commonwealth needs new powers to intervene in natural disasters, deploy the ADF more swiftly and override the states in “exceptional” circumstances, acc­ording to a landmark inquiry into the Black Summer bushfires that scorched 24 million hectares of land, killed 33 people and destroyed more than 3000 homes.

The Royal Commission into National Natural Disaster Arr­angements has made 80 key recommendations, including the creation of a new “authoritative disaster advisory body” to improve the co-ordination between governments, an all-hazard em­ergency warning app, and a ­national fleet of water bombers.

A review of vegetation management and hazard reduction is also recommended, as well as greater engagement with Indigenous Australians to learn more about fire and land management.

The report also found natural disasters were becoming increasingly complex and unpredictable because of climate change.

The Morrison government will move quickly to legislate a commonwealth “state of national emergency” power, allowing it to deploy troops to combat bushfire disasters without a request from the states, in line with the central ­recommendation of the bushfire royal commission, led by Air Chief Marshal Mark Binskin.

Air Chief Marshal Mark Binskin and former Prime Minister Malcolm Turnbull at the Department of Defence in Canberra. Picture: Kym Smith

To prevent similar disasters in the future, the commission recommends that the federal government be given broader powers to declare a state of emergency, and it states that communities ­expect “national leadership and co-ordination in times of crisis”.

“The declaration should be made by the prime minister, and legislation should be clear about the circumstances in which a ­declaration may be made, and the actions the Australian government can then take to support state and territory governments,” the report recommends.

Such a declaration would signal the severity of the situation to the community, put agencies and troops on high alert, and would mean the commonwealth could respond to an unfolding disaster regardless of whether a state or territory has asked for assistance.

But the report cautions that such a law “should not purport to give the Australian government the power to determine how the resources of states and territories are to be used or allocated, without their consent”.

Australian Prime Minister Scott Morrison is seen visiting the Defence Staging Ground at Kingscote Aiport on Kangaroo Island, southwest of Adelaide, in January. Picture: AAP

The federal government will provide its response next week, but Scott Morrison will welcome the proposed national emergency powers after calling for similar legislation in January when he was criticised for what was seen as a slow response to the crisis.

The constitutional heads of power amendment, contained in the more than 900-page report released on Friday, was the basis of the federal government’s submission. The report notes that state and territory governments have primary responsibility and acc­ountability for emergency management, and they should continue to do so.

“Nevertheless, during the 2019-20 bushfires, the Australian public expected greater Australian government action,” it states.

The commissioners in their summary say “Australia’s disaster outlook is alarming” and warn that states and territories alone may not be able to respond effectively to, or provide immediate relief or recovery from, extreme to catastrophic disasters.

David Littleproud.

Emergency Management Minister David Littleproud on Friday said the proposed power would include a clear “trigger point” for the government to act, but this didn’t mean the commonwealth would be “coming in to take over and fight fires”.

In order to declare a state of national emergency, the commissioners propose a disaster must be seen to have the potential to “overwhelm or exhaust” a state’s capacity to respond; be likely to have a “national impact because of its scale”; or pose complications that would justify commonwealth involvement. However, a second higher threshold would also be set, allowing the commonwealth to take unilateral action without a request for support by the states in “truly exceptional” circumstances.

This would arise when a disaster posed a “significant risk to lives or property”; an affected state was incapacitated and unable to respond; or there was a threat to the national interest.

The royal commission also identified communication during disasters as a consistent issue, with the inquiry hearing evidence that people in fire zones had struggled to understand the “Watch and Act” direction as it simultaneously suggested people observe the fire while taking ­action to leave.

The report recommends that a new national fire danger rating system be rolled out. It also suggests governments invest in a ­nationwide education program once the new system is released to improve fire warning literacy.

Also flagged is the creation of a national app for all natural disasters, after inconsistencies and ­differences between state and ­territory apps caused ­issues for border communities and tourists.

The report recommends a ­nationally consistent guide on air quality to monitor smoke pollution, after the inquiry heard more than 450 people had died as a result of the toxic smoke that blanketed much of the nation during the Black Summer fires.