Disasters

What is a natural​ ​disaster?​

A natural disaster is a major weather event that causes significant damage, such as a bushfire, drought, flood, cyclone, extreme heat or storm.

When a natural disaster is declared in a certain area, it usually means that people affected by the disaster may be able to claim financial assistance from the government. ​

How do I find out if my area has been​​ declared a natural disaster?

To find out if your area has been declared a natural disaster:

• speak to Centrelink - they have information about financial assistance available to people in areas where a natural disaster has been declared
• look online - see Natural Disaster Declarations on the NSW government website
• contact your local council.
  

How can I find out where an evacuation ​centre is?

If you need emergency shelter and support after a disaster, there may be an evacuation centre in your area. To find one you can:

• call the Disaster Welfare Assistance Line on 1800 018 444
• check the NSW State Emergency Service website.

How can I find a recovery centre? 

If you need help with housing, Centrelink payments, disaster grants and clean-up support after a disaster, there may be a recovery centre set up in your local area. To find one you can:

• call the Disaster Welfare Assistance Line on 1800 018 444
• search the Disaster recovery map on the NSW Government website.

How can I get help ​​with legal issues during a disaster?

If you have been affected by a natural disaster and need legal assistance, you can contact:

• your nearest Legal Aid office
  
• the Disaster Response Legal Service NSW
  
• the Insurance Law Service.
  

I have been impacted by a disaster in NSW. Where can I get help? 

Help is available to support people affected by a disaster. This assistance provides for immediate and short term needs to support your recovery.

To see what assistance is available, see Disaster relief and support on the NSW Government website.  

For bushfires, Legal Aid NSW runs the Bushfire Legal Aid NSW Scheme to assist small businesses and farmers affected by the 2019/2020 bushfires. 

How can I find out if I am living in a flood prone area?

To find out if you are in a flood prone area: 

• check the NSW Planning Portal to get hazard information about all properties in NSW including flood, bushfire, subsidence, and landslip  
  
• check the Section 149 zoning certificate or Section 10.7(5) planning certificate, which should have been attached to the contract for sale for your home 
• contact your local council to inspect their most recent flood maps. Local councils are legally required to make these available.

Use the Your insurance check-up: Be prepared for a storm or flood checklist on the Disaster Response Legal Service website to ensure you are insured for a flood.

If you have already experienced a flood or storm, see What to do after a flood or storm factsheet on the Disaster Response Legal Service website.

What is bush fire prone land?

Bush fire prone land is land that can support a bush fire or is prone to bush fire attack. This includes land that may be impacted directly by ember attack and radiant heat, but not fire (a buffer zone).

If you live near bush, grasslands, paddocks or near the coast, you may live on or near bush fire prone land. 

Use the Your insurance check-up: Be prepared this bushfire season checklist on the Disaster Response Legal Service website to ensure you are insured for a bushfire.

How can I find out if my home is in a bush fire prone area?

Bush fire prone area maps are prepared by local councils, together with the NSW Rural Fire Service (RFS), to show the risk of a home coming under attack from a bush fire.

To find out if you are living in a bush fire prone area, you can:

• check the NSW Planning Portal website which has hazard information about any property in NSW including bushfire risk
• check the NSW Rural Fire Service website
• contact your local council to inspect their bush fire area maps. Local councils are legally required to make these available
• pay an accredited bushfire consultant to conduct a bushfire attack level (BAL) assessment of your property
• check the Section 149 zoning certificate or Section 10.7(5) planning certificate, which should have been attached to the contract for sale for your home.

Use the Your insurance check-up: Be prepared this bushfire season checklist on the Disaster Response Legal Service website to ensure you are insured for a bushfire.

What if I need emergency​​​ ​​​​​​accomm​odation?

If you have to leave your home because of a severe weather event or natural disaster, speak to emergency service providers in your area about temporary shelter, such as an evacuation centre. 

If you need emergency accommodation because your home has been affected by a severe weather event, contact:

• your insurer about any temporary accommodation that may be available under your home insurance policy
• Department of Communities and Justice, if you were renting a home from them, to see if they can find you alternate accommodation.

You should also contact Service NSW to find out whether you are eligible for any financial assistance. 

For more information, see Disaster relief and support for individuals and households on the Service NSW website. 

How do I find out who my insurer is?

If you don’t remember who your insurer is the Insurance Council of Australia can tell you. Call them on 1300 728 228.

You can also complete the online form and the Insurance Council of Australia will get back to you in 2 working days.

For help after a disaster, see the Insurance resources on the Disaster Response Legal Service NSW website.

Emergency services have told me I can now return to my home, should I start cleaning up?

Before you start cleaning up, take photos and videos of your property and belongings. You will need this as evidence for your insurance claim.

For more information about how to clean up, see:

• Australian Red Cross Cleaning up after a disaster
• Insurance Council of Australia Help in Disasters

For more information. see What to do after a disaster on the Disaster Response Legal Service NSW website.

What resources are there to help me with the insurance claims process?

For legal help after a disaster, see the Insurance resources on the Disaster Response Legal Service NSW website:

• What to do straight away (Factsheet 1)
• What should I expect from my insurance company? (Factsheet 2)
• Has the insurer offered you a cash settlement? (Factsheet 3)
• I don’t agree with the insurer’s decision (Factsheet 4)
• Where can I get more help? (Factsheet 5)
• Standard letters you can use to write to your insurer (Factsheet 6)

For more information, see Insurance claims after a disaster handbook

If you have been impacted by a disaster and need help with the insurance claims process you should get urgent legal advice.

What if I can't live in ​my ​​rental home because of damage?

If your rental home has been damaged and is unsafe to live in, you should arrange alternative accommodation. You are legally required to tell your landlord about the damage to your property, and that you have decided to leave the home as it is not safe to live in. If you have some access to the property you could also take photos, but only do this if it is safe.​ 

Under the Residential Tenancies Act, you have the right to terminate your lease where the property is unusable. You will need to provide your landlord with an immediate termination notice. 

You will only have to pay rent up until the date your lease is terminated. If you are owed any rent (if you were paying in advance), you should speak to your landlord.

You should make sure all your belongings are removed from the property by the termination date.

For more information, see:

• You want to leave on the Tenants' Union of New South Wales website
  
• Natural disasters on the NSW Fair Trading website.

If you are currently living in a rental home that is unsafe to live in, you should get urgent legal advice.

What if my rental home​ needs repairs?

If it is safe for you to stay in the property and you want repairs carried out to fix the damage, you should communicate this to your landlord in writing. Consider sending your landlord photos of the damage, and specifying any health effects it may be having on you.

If the property needs urgent repairs, your landlord should arrange for these as soon as possible. They must ensure that property is in a reasonable state of repair.

If your landlord can’t or won’t arrange for urgent repairs, you can arrange for them to be done and ask your landlord to reimburse you. However, if the repairs cost more than $1,000, you may want to wait for your landlord to organise them as you may not get your money back. Your landlord is only required to reimburse you for reasonable costs up to $1,000.

If you can't afford to pay for urgent repairs, you can apply to the NSW Civil and Administrative Tribunal for orders that your landlord get urgent repairs.

For more information, see the factsheet Repairs and maintenance on the Tenants' Union of New South Wales website.

Do I have to pay rent if my ​home has been damaged?

Yes, you should continue to pay your rent and:

• negotiate a rent reduction or abatement with your landlord, or
• get an order from the NSW Civil and Administrative Tribunal (NCAT) or the Local Court of NSW.

If you don't pay your rent on time, you will be in breach of your lease agreement and you will fall into arrears and may be evicted.​

After a disaster, your landlord still has the obligation to ensure your property is in a reasonable state of repair.

If you need to move out for a short period of time whilst repairs are being done, you could negotiate a rent reduction with your landlord, or apply to NCAT or the Local Court, if you can't agree.

If you move out during this time, the landlord has no obligation to pay for your emergency accommodation.

If the property becomes destroyed or is partly or totally uninhabitable:

• the landlord and tenant could mutually agree to end the tenancy (on the grounds the contract is ‘frustrated’)
• you could give immediate termination notice. You will only be required to pay rent up until the date you move out.
• your landlord could give you notice to end the tenancy. You cannot be evicted without an order from the Tribunal

If you are​ having a dispute with your landlord about repairs, you should get legal advice about your options.

For more information, see Natural disasters on the NSW Fair Trading website.

The landlord has locked me out and thrown away my belongings, what can I do?

If you left the property after disaster, you have not ‘abandoned’ your tenancy and the landlord does not have a right to enter the property, change the locks, or deal with your belongings without a warrant or an order from the NSW Civil and Administrative Tribunal (NCAT).

You could make an urgent application to NCAT for:

• compensation as a dispossessed tenant
• compensation for lost property
• penalty units for recovering possession of a tenancy without a warrant or order from NSW Civil and Administrative Tribunal

For more information, see Natural disasters on the NSW Fair Trading website.

You should get urgent legal advice about your options.

Can I get fin​​ancial ​a​ssistance​?

Whether you are eligible for financial assistance will depend upon your circumstances, such as whether you are working, and/or have assets, and the reason you need help. 

There are several different kinds of financial assistance that you might be able to access, including: 

• Disaster Recovery Payment, if you are adversely affected by a major disaster either in Australia or overseas - see Natural disaster on the Services Australia website
  
• Crisis Payment, if you're in severe financial hardship and extreme circumstances - see Crisis and special help on the Centrelink website
• no interest loan to replace any household items and cover medical costs - see No Interest Loans (NILs) on the Good Shepherd website.
  

Sometimes Centrelink workers may be available at your local Evacuation Centre or Recovery Centre, if you are in a declared natural disaster area.​ 

There may also be Natural Disaster Assistance Schemes available, if you live in an area that has been declared a natural disaster. 

For more information, see:

• Disaster relief and support on the NSW Government website
• Disaster Assistance Finder on the Service NSW website.
  

​​​Before you apply for financial assistance or a loan you should speak to a free financial counsellor.

For more information, see Get help on the Financial Counsellors' Association of NSW Inc. (FCAN) website.

What financial help is available to small business owners affected by a bushfire?

When natural disasters occur that are widespread and extremely severe, the NSW and Australian Governments may offer grants to provide immediate relief to primary producers, small businesses and non-profit organisations to assist with the costs of clean up and restoration.

For more information, see Disaster Recovery Grants on the Rural Assistance Authority website, and consider any timeframes in which you must apply. 

If you are a primary producer, small business owner, not-for-profit organisation, or sporting or recreational club and you have been affected by bushfires, you may be eligible for a disaster relief loan – to support business operations and assist with the replacement of property.

For more information, see Disaster relief loans on the Rural Assistance Authority website.  

Before you apply for a loan, you should speak to a financial counsellor. 

If you are a primary producer or small business owner and you have a legal problem arising from the 2019/2020 bushfires, you may be eligible for the Bushfire Legal Aid Scheme to assist with funding for a solicitor. 

For more information, see Disaster Response Legal Service on the My problem is about section of our website.

What can I do if I am having trouble paying my debts?

If you have been affected by a natural disaster and are in financial difficulty, you should speak to a financial counsellor about your situation. They provide a free service and can often help you to work out the best options that apply to your situation. 

For more information, Get help on the Financial Counsellors Association of NSW Inc (FCAN) website.

If legal action has not started, you can also: 

• ​negotiate an arrangement with your credit provider or lender. If you have a car loan, personal loan or credit card debt, you should speak to your lender about financial hardship.
  
• make a complaint to the Australian Financial Complaints Authority (AFCA), if you can't reach an agreement with your lender about your car loan, credit card or personal loan. They may be able to help you resolve the situation.
• speak to your electricity, gas or water provider to negotiate a payment arrangement. You might be able to get an extension on your bills or enter into a payment plan. In some cases, companies may have a financial hardship or financial assistance program, so ask about this when you speak to them.
  
• make a complaint to the Energy and Water Ombudsman NSW (EWON) if you can't reach an agreement.

For more information about dealing with a debt, see the Debtor (when you owe money) and Consumer credit debts topics. 

​If legal action has started you should get urgent legal advice. You have 28 days to respond to a Statement of Claim. If there is a judgment against you, you should get urgent legal advice.

You should also see if you are eligible for any emergency financial assistance offered​ by the government.​​​

​​What if I have experie​nced ​​a​ loss or damage because of a power failure?

Sometimes a power failure during a severe weather event can damage your property or cause you to experience a loss. For example:

• electrical appliances might be damaged
  
• food goes off because the fridge won't operate.
  

In these situations, you can speak to your energy provider about the situation to see when they can restore the power and whether they are offering any reduction on your next bill.

If you aren't happy with your provider's response you can make a complaint to the Energy and Water Ombudsman (EWON).

​You can also consider any insurance policy you have for items in the home and whether the damage is covered. You may have to pay an excess to make a claim.

If you want to make a claim against your energy provider, you should get legal advice.​​

Can I access ​​my su​​perannuatio​​n early ​​because of financial hardship?​

If you are in financial hardship and can't afford to pay your​​ debts or bills, you may be able to access your superannuation early. 

Although it is possible, it is usually a last resort and can have serious consequences for you, including tax impl​​ications and opportunity loss. 

Before you apply to access your superannuation early, you should speak to a free financial counsellor about your situation. 

For more information, see Get help on the Financial Counsellors' Association of NSW Inc. (FCAN) website.

How do​ I know if a ​​​charity ​​or ​donation appeal is genuine?

After a severe weather event or natural disaster has occurred, many charities or donation appeals are set up to help raise money for the people affected. If you want to know whether a charity or donation appeal is genuine you could:

• ask a person for identification, if they are collecting money by going door to door - check their details or contact the service by phone to check the information they tell you is correct
  
• check information about the appeal online - most reputable appeals will have information online which can help you to decide whether the appeal is genuine
  
• Check a charitable fundraising licence on the Service NSW website.
  

If you have concerns that a charity or donation appeal is a scam, speak to the Australian Competition and Consumer Commission (ACCC) and/or the police.

For more information, see Report a scam on the ACCC Scamwatch website.

What can ​I do if my goods ​were​​ ​​damaged whilst they were in a storage facility?

If you had goods in a storage facility and they were damaged during a severe weather event, you should look at your contract with the storage facility to see if any conditions in the contract apply to this type of situation. 

If you arranged insurance, either through the facility or on your own, you can speak to your insurer about making a claim. You may have to pay an excess amount to make a claim. 

If you believe the storage facility was negligent or contributed in some way to your goods being damaged, you should get legal advice about making a claim against them.

What if I can't ​​​comply with a parenting order because of an emergency?​​

You are legally required to comply with a parenting order while it remains in force. If you fail to comply with the order, the other parent may apply for a contravention order.

If you have time, and it is safe to do so, you should try to reach an agreement with the other parent about arrangements for your children while the emergency is occurring or until it is over. Unless the order says otherwise, you can vary a parenting order by making an agreement with the other parent. 

Your agreement may include make-up time with the other parent at a later date or trying to come to an alternative arrangement for the pick-up and drop-off of the children.

For more information see the factsheet Parenting and Child Support Issues for those affected by bushfires or other natural disasters on the NSW Women’s Legal Service website.

If you can't reach an agreement with the other parent, you should get urgent legal advice.

What if I need ​to move house with ​​my children?

You can move with your children without breaching any orders if:

• you don’t have parenting orders, or
• you have parenting orders, but those orders don’t prevent you from moving with your children.

However, you should still try to negotiate an agreement with the other parent for you to move if you have time and it is safe to do so. If you don’t, the other parent may apply for parenting orders requiring you to return the children to the area you have moved from.

If you have parenting orders that prevent you from relocating with your child, you should try to negotiate an agreement with the other parent. Unless an order says otherwise, you can vary a parenting order by making an agreement with the other parent. 

If you don't, you may be in breach of the order and the other parent may apply for contravention orders. 

If you must move in an emergency situation and the other party will not agree to you moving, you should get urgent legal advice.

What if the other parent has moved​​ with my children?​

If you have parenting orders in place, the other parent may be in breach of the orders by moving the children out of the area.

If you don't have parenting orders in place, the other parent has not breached anything by moving the children. However, the other parent should still ask for your agreement before moving out of the area with the children.

If the other parent has moved because of an emergency situation, they may not have had enough time to talk to you or had any choice about moving out of the area. Practical steps that you may take, if it is safe to do so, are:

• speak with the other parent about the situation
• try to reach an agreement about arrangements for the children while the emergency is occurring or until it is over
• you can discuss having make up time once the emergency is over.

If you can't reach an agreement with the other parent, you should get legal advice.

I can't work because of a natural disaster and can't make my child support payments. What can I do?

If you have lost part or all of your income because of a natural disaster, such as a flood or bushfire, you should notify the Child Support Agency (CSA) as soon as possible. You can do this:

• online
  
• by phone
  
• in person at your nearest Services Australia service centre. 
  

You may be able to have your child support assessment updated to reflect the change in your income. 

If you owe outstanding child support, the CSA may be able to provide flexible arrangements for you to pay the outstanding amount. 

How can I get another​​ copy​ of my Apprehended Violence Order if it has been damaged or lost?

You should contact the Local Court where the Apprehended Violence Order was made to get another copy.

For more information, see Domestic violence and AVO issues for those affected by natural disasters factsheet on the Women’s Legal Service website. 

What if I don't have a copy​ of the Apprehended Violence Order but it has been breached?

You should contact the police. The police will have a record of the Apprehended Violence Order and they have the power to investigate any alleged breaches.​

For more information, see Domestic violence and AVO issues for those affected by natural disasters factsheet on the Women’s Legal Service website.

If you have immediate fears for your safety, you should call the police and get urgent legal advice.

I work indoors. What steps does my employer have to take in response to bushfire smoke at work? 

Regardless of whether you work indoors or outdoors, all employers have a responsibility to provide and maintain a safe working environment for all employees, as far as is reasonably practicable.

The steps your employer must take depends on whether you work indoors or outdoors.

If you work indoors, your employer must:

• monitor the air quality in the building or workplace and act if the air quality is not within acceptable levels
• keep staff informed of any measures taken
• have a plan if bushfire smoke becomes excessive.

If you have concerns about bushfire smoke at work, you can:

• speak to your Work Health and Safety representative or supervisor
• report your concerns to SafeWork NSW, or
• get legal advice.

For more information, see Bushfire smoke on the SafeWork NSW website.

I work outdoors. What steps does my employer have to take in response to bushfire smoke at work?

Regardless of whether you work indoors or outdoors, all employers have a responsibility to provide and maintain a safe working environment for all employees, as far as is reasonably practicable.

The steps your employer must take depends on whether you work indoors or outdoors.

If you work outdoors, your employer should reschedule work, if possible, until conditions improve. If your employer can’t reschedule work, they must:

• undertake appropriate risk assessments prior to work commencing
• provide appropriate personal protective equipment (PPE) with instructions on how to correctly fit and use the equipment
• where PPE is used, ensure that no secondary risk are created or, if they are, ensure these risks are managed appropriately
• ensure workers always have an effective means of communicating, if working alone, remotely or in an isolated place
• remain aware, and advise workers, of any bushfires near the work site
• monitor air quality via Air quality alerts
• access health information about bushfire smoke.

For more information, see Bushfire response and recovery on the NSW Health website.

If you have concerns about bushfire smoke at work, you can:

• speak to your Work Health and Safety representative or supervisor
• report your concerns to SafeWork NSW, or
• get legal advice.

For more information, see Bushfire smoke on the SafeWork NSW website.

What can I do if there is bushfire smoke at work?

If there is bushfire smoke at your work, you have obligations to:

• work safely
• follow any reasonable health and safety instructions from your employer
• use personal protective equipment (PPE) in the way you were trained and instructed to use it
• report any unsafe and unhealthy situations to your supervisor or your work health and safety (WHS) representative.

For more information, see Bushfire smoke on the SafeWork NSW website.

If you have any health concerns, you should speak to your doctor.

What if I can't go​ to ​​work?

If you can't go to work because you are affected by a severe weather event, you should contact your employer to notify them of the situation.

You should check your award or agreement to see if it has any provisions about non-attendance and/or leave because of an emergency or natural disaster.

If no provisions apply, speak to your employer about whether you can take paid or unpaid leave to cover your absence.

If you are at risk of losing your job, or if you have a dispute with your employer about an absence you took because of an emergency, you should get legal advice.

For more information, see the factsheet Employment entitlements during natural disasters and emergencies on the Fair Work Ombudsman website.

What ​if my employer shuts​ down?

If your employer has been affected by a severe weather event and has had to shut down the business, you should find out:

• whether the shutdown is temporary
• if you will be paid for any leave
• whether you will still have a job.   

You should check your award or industrial agreement for any provisions relating to stoppage of work because of an emergency, such as a natural disaster.

If there are no provisions in your award or agreement, and you are a national system employee, the Fair Work Act includes a provision that allows your employer to stand down employees in situations where there is no work for them where circumstances are beyond the employers control, such as a severe weather event.

If you have concerns about your employment, you should get legal advice.

For more information, see the factsheet Employment entitlements during natural disasters and emergencies on the Fair Work Ombudsman website.

Does my employer have to give me leave if I want to volunteer with an emergency services organisation?

Your employer does not have to give you leave to volunteer with an emergency services organisation, such as NSW State Emergency Service (SES).

If you want to take leave to volunteer, you need to negotiate leave arrangements with your employer. This may include:

• time in lieu
• using personal leave
• taking unpaid leave
• taking leave during quiet periods
• flexible work practices.

Can my employer dismiss me for volunteering with an emergency services organisation?

If you are volunteering with an emergency services organisation, you may be protected from having your employment terminated or your position changed to your detriment if:

• a state of emergency has been declared and you are taking part in the operations responding to that emergency
• you are covered by an order made by the Premier. 

If you are protected and your employer terminates your employment or changes your position to your detriment, they will be committing an offence. 

The employment protections only cover you if you are volunteering in NSW. 

The types of volunteering covered by an Order made by the Premier might include:

• State Emergency Service
• NSW Rural Fire Service
• NSW Surf Life Saving
• Volunteer Marine Rescue NSW
• NSW Volunteer Rescue Association.
  

If you employer is trying to dismiss you or alter your employment volunteering with an emergency services organisation, you should get urgent legal advice.

How can I prove to my employer that I was volunteering with an emergency services organisation?

You can obtain a certificate from the organisation to show your employer that you were taking part in volunteer operations with the organisation during the time you were not at work.

What if I have lost all ​of​ my personal identification and documents?

If your personal identification or documents have been lost or damaged, see the table below for what services you should contact.

All services will require proof of identity when applying for replacement documents. If you have no documentation at all, you should speak to a lawyer about your situation.

I have a matter in the Federal Circuit and Family Court and I lost my court documents in a natural disaster. How can I get copies?

If you have a matter in the Federal Circuit and Family Court and you have lost your court documents in a natural disaster, you can apply to have your documents replaced.

To do this, you must complete a Natural Disaster Replacement Document Request. You can download a copy of this form from the Federal Circuit and Family Court website. 

Once you complete your request, you must file it at your nearest family law registry in person or by post.

You do not have to pay a filing or replacement fee. 

For more information, see Natural disasters on the Federal Circuit and Family Court of Australia website. 

What can I​​​ do if I have lost all ​​of my records for tax?

If you have lost all your records for tax, the Australian Taxation Office (ATO) can give you time and assistance to sort out your tax affairs.

For more information, see Support in difficult times on the ATO website. 

Can emergency ​providers refuse ​​me access to my property or force me to leave? 

​Under the Rural Fires Act 1997 (NSW), a fire officer has the power to give you a direction to leave or move on from an area. You are legally required to follow the direction. If you don't, you may be charged with a criminal offence.

Police have powers under the State Emergency and Rescue Management Act 1989 (NSW) to:

• direct people to evacuate or leave premises when there is an emergency
  
• refuse access to an area affected by the emergency
• close roads and footpaths
• shut off electricity, gas and water supplies.
  

Can I pull out of a house purchase​​​​ if the house I am buying is damaged?

Your options will depend on whether you:

• have exchanged contracts with the vendor, and
• are within your cooling off period, if one applies.

If you have made an offer on a property but have not exchanged contracts, you do not have to proceed with the purchase. Usually, you will also be entitled to a refund of any holding deposit you have paid. 

If you made an offer that the vendor accepted and you have exchanged contracts, you can only pull out of the contract if you are within the cooling off period and you will have to pay the vendor 0.25 percent of the purchase price. You should speak to your lawyer or conveyancer urgently about this.

If you waived your cooling off period or if the cooling off period has expired, you will lose your deposit if you withdraw from the purchase. You should speak to your lawyer or conveyancer if you have concerns about the property you are purchasing.

Can I keep​​ property that ​​has come on to my land?

If severe weather has caused property to come on to your land, you do not have the legal right to keep it. You can:

• try to find the owner of the property to get them to collect it
• get legal advice about whether the Uncollected Goods Act applies to your situation - see the Uncollected goods topic. 

You can usually dispose of any items that are clearly rubbish or have no value. It is a good idea to take photos of items before disposing of them. You should consider trying to find the owner of any sentimental items, for example, photos.

How do I remove debris from my property following a natural disaster?

The type of debris on your property will determine how it should be removed.

Do not enter your property to clean-up debris until you are advised by emergency services, your utility companies or local council that it is safe. Keep children and animals away from your property until the debris has been removed.

Only licensed builders, tradespeople and contractors should be used for:

• hazardous materials
• asbestos contamination
• demolition of structures
• specialist rebuilding and fit-out work, for example, electrical wiring, plumbing and gas fitting.

The NSW Government may co-ordinate the clean-up and cover the cost of removing debris, even if you are uninsured. 

The cost of removing debris may be covered by your insurance policy, if you can’t get government assistance. 

For more information, see Clean-up and waste and Clearing your property on the Service NSW website.

How do I remove asbestos from my property?

How you remove asbestos from your property depends on its size and condition. 

If the asbestos is intact and is 10m square or less, you can remove it yourself. You should wait until you have been advised that it is safe before you start removing asbestos from your property. 

For information about how to safely remove, transport and dispose of asbestos, see Asbestos – A guide for householders and the general public on the Department of Health website.

If the asbestos is larger than 10m square or has contaminated the surrounding area, you must arrange for it to be removed by a licensed asbestos removalist. 

To find a licensed asbestos removalist, see Verify licence on the SafeWork NSW website.

For more information, see Asbestos safety after bushfires on the Asbestos Safety and Eradication Agency website.

Do I need a claims agent to help deal with my insurance company?

Claims agents work for organisations that offer to:

• manage your insurance claim for a fee
• dispute your insurance claim with your insurer for a fee.

You do not need a claims agent to deal with your insurance company.

There is no fee for disputing an insurance claim. 

If a claims agent has offered to help you with your insurance claim, you should get legal advice.

Is it illegal not to provide food, drink or shelter to an animal?

It is an offence not to provide an animal with food, drink or shelter during a 24-hour period. 

This offence applies to both domestic animals and stock animals. 

Where there is a drought, flood or other emergency, it is an offence not to provide food, drink or shelter to stock animals during a 72-hour period. The 24-hour period still applies to domestic animals. 

A person may be fined, given a term of imprisonment or both. 

If you require assistance to care for an animal during an emergency, you may be able to get help from RSPCA NSW. 

For more information, see:

• Animals and natural disasters on the Australian Veterinary Association
• Droughts on the RSPCA New South Wales website. 

If you are the owner of an animal that you can't properly care for, you should consider contacting your local pound or RSPCA office to surrender the animal. 

If you are a neighbour or other concerned person and there is an animal on private property or public lands, authorised officers are allowed to remove an animal.

If you have been charged with an offence, you should get legal advice. 

Is it illegal to abandon an animal?

It is an offence to abandon an animal. 

A person may be fined, given a term of imprisonment or both. 

If you don't want to keep an animal, you should contact your local pound or RSPCA to surrender the animal. 

For more information about how to surrender an animal, see What are my options? on the RSPCA New South Wales website. 

If you are a neighbour or other concerned person and there is an animal on private property or public lands, authorised officers are allowed to remove an animal. 

If you have been charged with an offence, you should get legal advice. 

Who can help me protect my animal from a bushfire?

If you need help to protect your animal from a bushfire, you should contact NSW Emergency Services. 

NSW Emergency Services will contact RSPCA New South Wales to assist them, if needed. RSPCA New South Wales receives the necessary training to enter active fire or flood zones. Most volunteer animal organisations do not.

Information about preparing for an emergency, see Get Ready Animals on the SES website.

For more information about how to care for an animal during a bushfire, see Bushfires and House Fires on the RSPCA New South Wales website. 

What assistance is available for the care of livestock impacted by bushfires?

If you own livestock and have been affected by a bushfire, you may be able to get assistance with:

• emergency food and water 
  
• veterinary assistance
  
• euthanasia and burial 
  
• care of animals in evacuation centres. 
  

Beekeepers are also eligible for assistance if affected by fire. 

For more information, see Livestock welfare on the Department of Primary Industries website. 

What should I do if there is straying stock ​on my land?

If there is straying stock on your land and you keep it there, you have a legal obligation to inform the owner where the animal is within 24 hours.

If you don't know who owns the animals but can easily find out, you should still contact the owner within this notice period.​

After you have given the owner notice, you can:

• deliver the animal to the nearest pound, or
• keep the animal for no more than 4 days - but if the owner doesn't collect it in this time then it must be delivered to the nearest pound.

If you don't know who owns the animal, you can deliver it to the nearest pound, or an authorised officer may take possession of the animal.

If the animal is kept on your property, you must ensure it has enough food, water, shade and veterinary care. You may be able to claim any costs related to this from the owner if the animal is collected.

Who should I notify if I see a native animal that has been hurt by a bushfire?

If you see a native animal that has been hurt by a bushfire, you should contact RSCPA New South Wales, Animal Welfare League or the police. 

RSPCA New South Wales and Animal Welfare League are able to enter active fire or flood zones to assist emergency services and collect animals that are at risk of being hurt, or have been hurt, by a bushfire. Most volunteer animal organisations are not legally allowed to do this. 

For more information, see Bushfires and House Fires on the RPSCA New South Wales website. 

What if I can't get to a court​​ ​​​or ​​​tribunal for my court date?

If you are affected by a severe weather event, such as a flood, bushfire or storm, you can contact the relevant court or tribunal to explain your circumstances and to request that your case can be adjourned (moved to another day). The relevant court or tribunal may require a written letter with your request and reasons. It is up to the court or tribunal whether they postpone your case.

In some cases, the court or tribunal might be closed if it has also been affected by the severe weather event.

If you were unable to attend court on a certain date because of an emergency, and an order you are unhappy with was made, you should get legal advice. ​

What if the dividing​​ fence​​​ was damaged?

If the dividing fence was damaged during a severe weather event you can:

• speak to your insurer to see whether the repairs are covered by any policy you have for your home (you may have to pay an excess if you make a claim)
  
• follow the procedure set out in the Dividing Fences Act about arranging repairs - see the Fences, boundaries and retaining walls topic
  
• check the Service NSW website to see if there is any disaster assistance available.

What if a neighbour's tree ​​​has come ​​down on my property?

If your neighbour's tree has fallen on to your property during a severe weather event, you can:

• speak to your neighbour about the situation to see if you can reach an agreement about how to remove the tree, or fix any damage caused by the tree
  
• try mediation with a Community Justice Centre, if you need help negotiating with your neighbour
  
• speak to your insurer to see whether they will cover any repairs to your property caused by the tree (you may have to pay an excess if you make a claim)
  
• consider any legal action you may have under the Tree (Disputes between neighbours) Act - see the Trees topic
  
• check the Service NSW website to see if there is any disaster assistance available
• get legal advice if you think your neighbour was negligent or contributed in some way to the tree falling.
  

If you need emergency assistance, for example help to get the tree removed or to put a tarp on your roof, contact the NSW State Emergency Service.

Am I responsible for ​any damage​​ my fallen trees have caused?

If a tree was on your property and it fell during a severe weather event, your legal responsibility will depend on:

• whether you knew or were reasonably aware that the tree was unstable or posed any risk of injury to others or damage to property
  
• whether you took any action that contributed to the tree falling, for example, cutting limbs down that affected the stability of the tree
  
• the reason the tree fell, for example, was it foreseeable that the tree might fall in certain circumstances.
  

You generally won't be held legally responsible for any damage done to your neighbour's property if:

• you haven't been negligent or reckless with the tree, and
  
• you couldn't reasonably foresee (predict in the future) that the tree would fall during the severe weather event.
  

An exception to this is any damage to the dividing fence, as usually you would share the cost of repairs with your neighbour in these cases.

For more information, see the Fences, boundaries and retaining walls topic.

 If your neighbour is claiming money for repairs to their property, you should get legal advice.

How do I deal​​ ​​with the estate​​​​​​​ for my relative/friend who has died?

If a relative/friend has died during a severe weather event, the executor named in the will has legal responsibility to administer the estate. 

If there is no will, a person can apply to the Supreme Court of NSW for the power to deal with the estate. 

For more information, see Someone who died on the My problem is about section of our website.

What can I do to manage​​ the financial affairs of my missing relative/friend?

Your power to deal with the financial affairs of your missing relative/friend will depend on:

• your relationship with the missing person, for example, whether you are next of kin, or the most immediate relative
  
• whether you or anyone else has been appointed as an attorney, or whether a financial manager has been appointed
  
• what financial affairs need to managed and the requirements of the financial provider, for example, whether the bank has rules around who can deal with an account in these types of circumstances
  
• if any loans, credit cards or bank accounts are in joint names and whether the other person is dealing with those affairs.
  

If a person has been missing for at least 90 days, you can apply to the Supreme Court of NSW for a declaration that the person is missing and for a financial management order. 

For more information, see Families and Friends of Missing Persons Unit (FFMPU) on the Department of Communities and Justice website.

What ​should I do ​​if property​​​ has been stolen from my home?

Looting (breaking and entering to steal property) is a serious offence that can often occur during severe weather events when people are forced to evacuate or abandon their homes. 

If you believe property has been stolen from your home during a severe weather event you should:

• make a police report
• speak to your insurer if you have a valid insurance policy.

If you don't have access to your insurance documents, contact your insurer about the situation as they will have an electronic record of your policy.​ If you don’t remember who your insurer is, the Insurance Council of Australia can tell you. Call them on 1300 728 228.

If you have noticed or suspect a person of looting, you should also report this to the police.

Is it illegal to light a fire during a total fire ban?

It is a crime to light a fire during a total fire ban. 

Penalties apply which include a fine, imprisonment, or both. 

The police and rural fire authority can also issue a penalty notice for this offence. 

If you have been charged with this offence, you should get legal advice. 

If you see someone lighting a fire during a total fire ban, you should contact the police. 

Is it illegal to leave a fire unattended?

It is an offence to leave a fire unattended temporarily or permanently before it is thoroughly extinguished, without lawful authority. This does not apply to fires lit to cook food, boil water, or provide heat that are being used by another person. 

Penalties apply which include a fine, imprisonment, or both. 

If you have been charged with this offence, you should get legal advice. 

If you see a fire that is unattended, you should contact the police. 

Is it an offence to throw a cigarette butt on the ground?

Yes. It is an offence to throw on the ground a:

• lit cigarette
  
• match
  
• any incandescent material. 
  

The offence applies whether or not there is a total fire ban. 

Penalties apply which include a fine. 

If you see someone throw a cigarette butt out of a car window, you can report them to the NSW Rural Fire Service.

For more information about how to make a report, see Report a cigarette butt tosser on the NSW Rural Fire Service website. 

Is it illegal to start a bushfire?

It is a crime to intentionally start a fire and recklessly allow it to spread to vegetation on public land or private land belonging to another person. 

Penalties apply which include imprisonment.  

A person who commits the offence of starting a bushfire could also be charged with damaging or destroying property. If a person is killed by a bushfire, the person who started the fire could be charged with murder or manslaughter. 

If you have been charged with any of these offences, you should get legal advice. 

If you notice or suspect a person of starting a bushfire, you should contact the police. 

What if a tradesperson​​ has​ scammed me?

If you believe a tradesperson has scammed you, you can:

• discuss your concerns with the tradesman, if it is safe to do so, to see if you can resolve your dispute
  
• Report a scam or cybercrime to NSW Fair Trading
  
• get legal advice about whether you can make a claim in the NSW Civil and Administrative Tribunal (NCAT).

You should take photos and keep records of what has happened in case you need to make a legal claim.

What should I ​​consider when hiring a tradesperson to fix damage in my home?

After a severe weather event, you may find people or businesses approaching you or other people in the area about how they can help repair damage to your home. 

Before you enter into any agreement with a person or business, you should:

• check the person or business is licensed and/or registered - see Natural disasters on the NSW Fair Trading website for more information 
  
• get quotes for the work - it might be a good idea to get more than one quote so you can decide whether the amount charged is reasonable. In some circumstances the tradesperson may have a legal obligation to provide you with a written quote, for example, for residential building over $5,000.
  

You can also ask the person for examples of their work or look on their website for information about the business.

If you have a dispute with a tradesperson, you should get legal advice. ​​

What will happen if I breach water restrictions?

It is an offence to breach water restrictions made by a water supply authority.

If you breach water restrictions, you will be fined.

If you are unsure whether you need to follow any water restrictions, you should contact your local council or water authority. 

For more information about water restrictions in your area, see Where can I get information about water restrictions? on the NSW Department of Planning, Industry and Environment website. 

Can someone enter my property to investigate an alleged water restriction offence?

An authorised person is legally allowed to enter your property if they reasonably suspect that a water restriction offence is being committed to undertake an investigation and take photos in connection with the investigation. 

They are not allowed to:

• enter any dwelling or enclosed structure 
• use force to enter your property 
• remain on your property longer than is necessary to carry out their investigations. 
  

Can my landlord claim my rental bond if I don’t water the grass because of water restrictions?

Your landlord can make a claim on your bond to cover the reasonable costs of repairing any damage to your rental property caused while you were living there, except for fair wear and tear. This may include any damage caused to the grass of the property.

For more information, see the factsheet Q+A: Water restrictions, drought and rental bond on the Tenants’ Union New South Wales website.

My landlord has said they are going to make a claim on my bond to fix the grass. What should I do?

You should apply to NSW Fair Trading for a refund of your bond, even if your landlord has said they are going to make a claim on your bond. You don’t need your landlord’s signature to do this.

Fair Trading will then send your landlord a letter giving them 14 days to apply to the NSW Civil and Administrative Tribunal (NCAT) to make a claim.

If your landlord doesn’t apply to NCAT within 14 days, you will receive your full bond back.

If your landlord applies to NCAT, you will be given a hearing date.

Once your landlord has applied to NCAT, they must give you the following documents within seven days:

• a copy of the condition report completed at the end of the tenancy
• copies of estimates, quotes, invoices or receipts for work they are claiming. 

Your landlord must invite you to the inspection for the end of tenancy condition report. 

If your landlord doesn’t give you these documents, you should tell NCAT.

What if my landlord has already applied to Fair Trading to claim my bond?  

If your landlord has applied to Fair Trading to claim your bond, you will receive a letter from Fair Trading advising you that you have 14 days to apply to the NSW Civil and Administrative Tribunal (NCAT) to dispute your landlords claim. 

If you want to dispute your landlords claim, you must:

• apply to NCAT for an order to pay all, or part, of your bond to you, and 
• give written notice to Fair Trading that you have applied to NCAT. 

If you don’t apply to NCAT, Fair Trading will pay your bond to your landlord. 

For more information, see the factsheet Bond on the Tenants' Union of New South Wales website. 

What happens at the NSW Civil and Administrative Tribunal? 

If your landlord has applied to the NSW Civil and Administrative Tribunal (NCAT) to make a claim on your bond you will receive a Notice of Hearing, which tells you the date you need to go to NCAT. 

Before you go to NCAT, you should collect your evidence and prepare what you want to say. 

When you arrive at NCAT, the Tribunal member will ask you to go to conciliation to try and negotiate a resolution with your landlord. If you cannot resolve your dispute at conciliation, you will have to attend a hearing and the Tribunal member will decide your case.

For more information, see the factsheet NSW Civil & Administrative Tribunal on the Tenants' Union of New South Wales website. 

What evidence do I need to take to the hearing?

When you go to the hearing, you will need to show the Tribunal member that you:

• did not cause the damage – it was caused by the drought, and
• were unable to take reasonable action to prevent the damage due to water restrictions. 

To do this, you will need evidence of:

• the condition of the grass (at the start and end of your tenancy) 
• the weather/climate during your tenancy
  
• the water restrictions you had to comply with.  

You should be able to find this evidence in:

• property condition reports 
• photographs
• climate statistics (from the Bureau of Meteorology) 
• water restrictions documents (from your local council or water authority). 

If you need help preparing for a hearing, you should get legal advice. 

What does my landlord have to prove?

If your landlord wants to claim your bond, they must prove that:

• the grass was damaged, and 
• the damage was caused by you. 

If your landlord can't prove both of these things, their claim will be unsuccessful.