Frequently asked questions - Victorian Bushfires and Storms commencing 13 February 2024 (AGRN 1108)

Note: Additional LGAs may be added to the Commonwealth notification as LGAs advise of impacts.

Yes, the NDFA Team has notified the Commonwealth that the local government areas of Ballarat City and Pyrenees Shire have been impacted by the bushfires occurring from 22 February 2024.

The Commonwealth and Victorian Governments have jointly announced a coordinated clean-up program to be undertaken by Hansen Yuncken, to be funded under the Disaster Recovery Funding Arrangements. Demolition of damaged houses, asbestos and other hazard removal will be included as part of the clean-up in the affected communities while hazardous tree removal will also be part of the work completed.

The Victorian Government will also establish a centralised green waste facility for the clean up and is continuing to work with the Commonwealth Government to finalise its location.

Councils are required to provide supporting documentation that can clearly demonstrate how the debris is impacting the household's ability to return to live in their home. Supporting documentation must be provided for each residential property where works are to be undertaken.

Supporting documentation could include:

• photos clearly showing how the debris is impacting the ability for the household to live in their home including access being impeded, that is, the driveway (for significantly impacted local government areas, representative photos across impacted residential properties should be provided i.e. 30 out of 100 properties – Councils should discuss this with their Department of Transport and Planning Assessor), or
• contractor invoice/s that can clearly identify:
  - the address of each residential property assisted
  - the location of the debris and how it is preventing the impacted household in returning to live in their home

Where photos or information on the actual property address is not available, documentation could include:

• a bushfire/storm map from the Incident Control Centre/State Control Centre/council outlining where a disaster occurred in the local government area along with other information including but is not limited to:
  - representative photos on a sample basis
  - evacuation orders
  - SES call/incident logs, or
  - council customer service requests.

For more information, refer to the Victorian DRFA Guideline 3.

The diagram below shows:

• the residential area that is considered eligible for clean-up activities
• the tree fall arc that shows eligible trees that would impact the primary access and/or primary residence and
• the tree fall arc for ineligible trees that would not impact the primary access or primary residence if it fell.

The above diagram refers to the clean-up works undertaken by the Councils.

Disaster-related waste may include:

• green waste
• hazardous materials
• whitegoods
• electrical waste, and
• furnishings.

For further information about assets that are not eligible under the DRFA, please refer to the Emergency Works section in the Victorian DRFA Guideline 3.

As the tree is still standing, the council will need to demonstrate that the tree:

• is hazardous as a direct result of the event
• poses an imminent threat of falling on houses, driveways or is impeding direct access. 

An arborist assessment and report is required to identify the address, hazard, cause, risk and recommended treatment. Photos of the tree and its likely impact on property if it were to fall should be included. 

Once the above requirements are met, council can engage a contractor to remove the trees and seek to claim reimbursement through the DRFA. 

For more information, refer to the Victorian DRFA Guideline 3.

Some costs for the removal of debris and temporary repairs to dwellings are eligible under the DRFA, providing the following can be demonstrated:

• Debris and damage are directly impacting the resident's ability to live in their home. For example, debris impeding access to the property.
• Must be the principle place of residence. For example, the property cannot be a holiday house.
• Supporting documentation is provided which demonstrates a link between the event, damage, impact to resident, works undertaken and cost incurred.
• Each residence is treated separately. Photos must be able to show the extent of the damage and the impact is has on the residents' ability to stay in the property.
• Works must be undertaken or engaged by the Council.
• Contractor invoice descriptions must support the photo evidence, and be able to sufficiently describe the damage, impact and works undertaken

The following are not eligible under the DRFA:

• Cost to remove debris that has fallen outside the immediate vicinity of the dwelling and are not impeding access.
• Damage to fences, sheds, swimming pools and holiday houses.
• Claims made against a council.

For more information, refer to the Victorian DRFA Guideline 3.

Replacement of fencing on a road reserve is not considered an eligible cost under the DRFA.

For more information about the removal of trees please refer to the question below.

For further information about assets that are not eligible under the DRFA, please refer to the Emergency Works section in the Victorian DRFA Guideline 1.

Councils can claim costs associated with the removal of trees from eligible roads if:

• the damaged trees are associated with an eligible disaster and a significant portion of the tree is impacting on the function of an essential public asset, and
• the removal of damaged or dangerous trees are to make the essential public asset safe and functional.

Eligible roads include:

• local government owned roads and road infrastructure.

Ineligible roads include:

• roads that are privately owned, managed, or maintained, and
• fire trails or access tracks.

The diagram below shows how a council can determine if a fallen tree is impacting on an essential public asset. The diagram shows: 

• the road envelope (which includes the road, shoulders and batter) within the wider road reserve, and
• the tree fall arc, which shows how a non-eligible tree would not impact the road envelope if it fell.

For more information on the types of emergency works, please refer to the Emergency Works section in the Victorian DRFA Guideline 1.

Fire Access Trails or Fire Access Tracks are ineligible for any type of works under the DRFA.

Please refer to the Definition of Essential Public Assets in Victorian DRFA Guideline 1 for examples of assets that are not eligible.

The NDFA team will review situation reports to determine if the two events are linked under the same weather system and whether or not they will be combined under one Australian Government Reference Number (AGRN).

The NDFA team will provide updates to Councils and Department of Transport and Planning as this work progresses.

On 16 February 2024, the Victorian Government announced that from that date, the waste levy will be completely waived for disaster impacted residents across 21 Local Government Areas (LGAs) until 30 April 2024. Residents from these areas will be able to dispose of disaster waste at their local tip free of charge.

In collaboration with councils and the waste industry, the Victorian Government is ensuring all impacted communities have access to a facility or site to dispose of their waste quickly and safely.

Other LGAs impacted by bushfires and storms will be added to the list as required, so affected communities can undertake clean up and recovery activities without paying for waste disposal. Refer to the following link: https://www.gazette.vic.gov.au/gazette/Gazettes2024/GG2024S060.pdf (External link).

Councils are able to offer a free fire and storm waste collection point at their local Waste Centre and claim their costs under Category A (debris on impacted residential properties) and B (debris impacting on essential public assets i.e. roads, bridges, culverts) of the DRFA (the net cost of the EPA waste levy/gate fee charge waived at these waste collection points), but the Council will need to be able to demonstrate that the debris being claimed for are directly associated to the February 2024 Fire and Storms events as opposed to normal collection of household and/or green waste from residents. Councils are able to undertake this under two options:

Option 1 (preferred): Councils need to record the actual address (at minimum street level address) to confirm that the debris came from in an impacted local government. If the LGA consists of rural/residential properties (larger residential land property sizes), an apportionment exercise needs to be agreed as to the debris collected outside the immediate residential footprint. The percentage outside of the residential footprint is not eligible under Category A of the DRFA.

Debris relating to parks/gardens/recreations clubs/reserves or commercial is not eligible under either Category A or B of the DRFA.

Option 2. If Councils have not recorded/collected sufficient details at point of disposal, councils will need to work with their Department of Transport and Planning (DTP) Assessor to determine an apportionment approach. Apportionment takes into account, normal household debris or other debris coming within the impacted local government area. Councils will need to provide: 

• a Fire/Storm map from the Incident Control Centre/State Control Centre/Council outlining where the event occurred in the local government area to support the nexus of this activity to the disaster;
• the demographic data which illustrates the land use of the area (residential, parks/gardens/reserves and commercial), where the waste collection point collects debris outside of residential areas;
• comparison to green waste collected to the same period in the previous year;
• costs associated the expenditure incurred at the Waste Centre/Collection point excluding any indirect costs and margins. 

Councils are required to provide the following supporting documentation when seeking reimbursement for costs associated with the removal of debris from within the residential footprint of impacted private properties:

• a bushfire/storm map from the Incident Control Centre/State Control Centre/council outlining where flooding incurred in the local government area to support the nexus of this activity to the disaster, along with
• contractor invoice/s that can clearly identify that works were associated with the February 2024 (and ideally capturing AGRN 1108 Victorian Bushfires and Storms 2024), the date the works occurred, and the location (at a minimum at the street level) where these works occurred. For example, February 2024 debris clean up on Smith Street, Mirboo North, 17 February 2024. 
  Note: Where contract costs relate to a hazardous material clean-up such as asbestos, a hazard inspection report should also be provided.

Where council staff have undertaken the clean-up works, councils should provide approved timesheets/payroll reports/email trails that details the role and location of the employee undertaking these clean up works relating to the overtime being claimed for that employee.

Should bushfire/storm mapping be unavailable, other information can be used including but not limited to the following:

• representative photos on a sample basis
• evacuation orders
• SES call/incident logs, or
• council customer service requests

Disaster-related waste may include:

• green waste
• hazardous materials
• whitegoods
• electrical waste, and
• furnishings.

For further information about assets that are not eligible under the DRFA, please refer to the Emergency Works section in the Victorian DRFA Guideline 1.

Yes, Councils can seek reimbursement where they choose to provide a skip service on impacted streets so that impacted households can place their disaster debris into. This includes a Council engaged contractor undertake the works on private properties, or a Council using their existing kerbside contractors to collect the additional disaster-related debris on nature strips.

Councils are required to provide the following supporting documentation when seeking reimbursement for these costs including:

• a bushfire/storm map from the Incident Control Centre/State Control Centre/council outlining where a bushfire/storm occurred in the local government area to support the nexus of this activity to the disaster, along with
• contractor invoice/s that can clearly identify that works were associated with the February 2024 (and ideally capturing AGRN 1108 Victorian Bushfires and Storms 2024), the date the works occurred, and the location (at a minimum at the street level) where these works occurred. For example, February 2024 debris clean up on Smith Street, Mirboo North, 17 February 2024. 
  Note: Where contract costs relate to a hazardous material clean-up such as asbestos, a hazard inspection report should also be provided.

Where Councils are using existing their kerbside contractors for additional services to collect disaster-related debris in impacted areas, Councils will need to provide the following supporting documentation when seeking reimbursement for these costs:

• a bushfire/storm map from the Incident Control Centre/State Control Centre/Council outlining where a bushfire/storm occurred in the local government area to support the nexus of this activity to the disaster, and
• advice/information on the additional costs of the existing contractor undertaking the kerbside service including the street names that these additional/increased services have taken been undertaken on.

Disaster-related waste may include:

• green waste
• hazardous materials
• whitegoods
• electrical waste, and
• furnishings.

For further information about assets that are not eligible under the DRFA, please refer to the Emergency Works section in the Victorian DRFA Guideline 1.

Impacted councils can choose to use a community house, community hub or drop-in centre in the same function as a relief and recovery centre.

Councils are able to claim extraordinary (additional) costs associated with the establishment/operation of these centres including the cost of food is eligible to be claimed under Category A for the establishment of a relief and or recovery centre. Additional costs associated with this new bushfire and storm event (AGRN 1108) when using existing community hubs set up for AGRN 1037 are also able to be claimed.

The DRFA claim will need to be supported with the following supporting documentation:

• dates of when the facility was opened and when it was closed
• dates of when residents experienced power outages
• number of meals prepared
• approximate number of residents the facility is providing catering for
• approximate number of residents impacted by this event.

For more information, refer to the Relief and Recovery Expenditure in the Victorian DRFA Guideline 3.

A community relief hub is considered to be operating as a recovery centre and eligible costs will be able to be claimed under Category A of the DRFA however, please note that not all impacted councils will need a community relief hub or recovery centre to be established.

For more information, please refer to Relief and Recovery Expenditure in the Victorian DRFA Guideline 3.

As the damage has occurred as a direct result of providing emergency assistance to impacted individuals (via the operation of community hubs and drop-in centres which are acting as relief centres), this is eligible as a counter disaster operation under Category A of the DRFA.

For more information, refer to the Relief and Recovery Expenditure in the Victorian DRFA Guideline 3.

Invoices provided to councils by contractors will need to clearly state that the work undertaken relates to " Victorian Bushfires and Storms commencing 13 February 2024 (AGRN 1108)" and outline that the work is associated with completing damage assessments on private properties.

The claim will need to include:

• the invoices showing which properties were inspected, and
• damage reports for each inspected property with photos showing the link between the damage and the event.

Invoices for works conducted up until 30 June 2024 will need to be lodged by 31 July 2023. 

For more information on damage assessments please refer to the :

• Damage Assessments for Essential Public Assets in Victorian DRFA Guideline 1
• Victorian DRFA Fact Sheet 1

For more information on supporting documentation required for contractors please see refer to the :

• Victorian DRFA Guideline 3
• Victorian DRFA Fact Sheet 3

Pre-disaster condition supporting documentation is required to establish a basis that the damage sustained was a direct result of the bushfires and storms commencing 13 February 2024.

No pre-disaster condition assessment is required when submitting an emergency works claim.

For Immediate and Reconstruction works the pre-disaster condition of an essential public asset can be demonstrated through one or more of the following means:

• Pre-disaster photographic evidence, including details of latitude, longitude and date taken. It is recommended that the latest available data be adopted, but no older than 4 years before the eligible disaster for local government assets.
• If pre-disaster photographic evidence is not available, a pre-disaster asset condition assessment report is required to be provided. This must be conducted or verified by a suitably qualified professional.
• A suitably qualified professional may be defined as a person with undergraduate qualifications and a minimum of 5 year’s experience, and relevant certifications in the appropriate field of work for the asset type.
• This evidence can be supported by other supplementary evidence that may include:
  - satellite or aerial imagery that depicts pre-disaster condition of asset prior to being damaged, and 
  - maintenance records.

For more information, please see Damage Assessments for Essential Public Assets in Victorian DRFA Guideline 1.

Photographic supporting documentation is required to support a councils DRFA claim and show the extent of the damage to an eligible asset. Ideally a photo or video will include geospatial metadata of longitude, latitude and the date taken, as this is considered the strongest form of evidence to demonstrate post-disaster damage. 

If the geospatial metadata cannot be embedded in the photo, the council is to raise this concern with their Assessor from the Department of Transport and Planning who can verify the location of the damaged asset during a site visit. Photos will still be required with the location identified. The Assessor will verify this location during claim assessment and recommendation. 

When taking post-disaster photos, it is important to consider:

• Photos should be clear, in colour and must contain geospatial metadata of longitude, latitude and date taken.
• Close-up photos are encouraged. Close-up photos can be used to demonstrate the disaster damaged components to support the proposed treatment(s). 
• The photos should identify the full extent of the damage. 
• Take photos of the damage at each asset location. Make sure photos are a representation of the event damage sustained. The photos need to show consistent damage and variances in the degree of damage. 

What to avoid:

• Photos that do not contain geospatial metadata of longitude, latitude and date taken as it is then difficult to ascertain the exact location of the damage (where possible).
• Photos taken from inside the car through the windscreen.
• Any objects that obscure the view of the damage (for example, structures, vehicles and people).
• Photos with glare or dark shadows on the ground. These can obscure the view of the damage. 

For more information on photo requirements, please see Damage Assessments for Essential Public Assets in the Victorian DRFA Guideline 1.

The process for a council to seek approval for an additional position to assist with eligible activities under the DRFA is to contact their Department of Transport and Planning Assessor, who will review the request and provide recommendations back to the NDFA team for approval of the role and activities.

Each activity to be included in this role will need to tie back to an eligible activity under Category A, for example:

• The operation of a Relief or Recovery Centre i.e. Recovery Centre Manager, or Recovery Centre Support Officer
• organising impact assessments on impacted private properties
• coordination of counselling services for impacted individuals and households

For further information, please refer to the :

• Victorian DRFA Guideline 3

For eligible DRFA events occurring from 6 October 2022, in addition to the previously eligible expenditure relating to overtime and external plant hire, a Delivery Agency can now also claim the normal hours salary and wages for staff (known as day labour) and Delivery Agency-owned plant and equipment costs that are directly engaged in the delivery of eligible Emergency Works, Immediate Reconstruction Works and the Reconstruction of Essential Public Asset activities.

Eligible expenditure for day labour

Direct salary and wages (including overtime) for physical work activities undertaken and associated salary on-costs. Eligible physical works activities includes direct labour, supervision and project management of the works, over the period that the eligible works were undertaken.

Plant and equipment costs pro-rated for the period of that the eligible activities were undertaken:

• Plant and equipment depreciation charges;
• Finance cost on interest (where plant and equipment purchased through a finance lease);
• Insurance/licences/registration of plant and equipment;
• Scheduled maintenance on plant and equipment;
• Plant and equipment repairs and parts resulting from eligible works undertaken (excluding amount that can be claimed from insurance);
• External plant and equipment hire; and
• Direct plant and equipment consumables (e.g. fuel, oils).

Ineligible expenditure for day labour

• Project margins of Delivery Agency plant and equipment (profit margins);
• Down time (e.g. works suspended due to weather, setup for operation and repairs) for the above listed eligible costs;
• Garaging space for plant and equipment;
• Staff Training; and
• Generic indirect and overhead costs including internal administration costs to the council such as finance, human resources and corporate.

Evidence required to claim day labour eligible expenses

In addition to the existing Category B requirements for Emergency Works, Immediate Reconstruction Works and the Reconstruction of Essential Public Asset activities, listed below is the supporting documentation that will be required. All direct costs must be claimed on a per asset basis;

• Detailed general ledger or transactions reports outlining all expenditure;
• Details of resources claimed for the eligible activities including staff names, position descriptions of roles, internal costing/payroll reports/timesheets for any payroll costs;
• In relation to plant and equipment used for the event, utilisation details (by asset, hours, dates);
• Plant and equipment purchase date, purchase cost, written down value, residual value, asset life, depreciation to-date;
• Detailed calculation of claimable hourly rate for all plant and equipment items including details of costs incurred per year that form the basis of the charge out rates;
• The basis of apportionment of the expenses.

Councils are able to claim day labour expenses incurred for Emergency works in the V Form B-EW claim form and for Immediate works in the V Form C-IR claim form.

Councils are to engage with their Assigned Assessor when preparing a day labour claim to agree on the methodology and rates before submitting the claim for assessment.

For further information, please refer to the :

• Day labour section in the Victorian DRFA Guideline 1.

A disaster affected council (Council 1) can use the workforce of another non-disaster affected council (Council 2) in the same way they would engage an external contractor to undertake eligible DRFA works, on the following basis:

• the workforce costs are extraordinary – that is, costs would not have been incurred if the disaster had not occurred
• the activities the workforce from Council 2 are undertaking relate to the delivery of eligible DRFA activities/measures, and 
• the workers from Council 2 are being paid by the Council 1 and not paid by the Council 2 to undertake the contracted works (the costs are incurred by the Council 1).

Should a council use other non-disaster affected council staff to assist with eligible relief and recovery activities following a DRFA disaster:

1. The impacted Council 1 should provide a purchase order and engagement agreement from Council 1 to Council 2 i.e. an email trail requesting or agreeing to provide additional staff on particular dates for an eligible activity i.e. staffing a relief centre.
2. Council 2 should provide the corresponding invoice to Council 1 for services provided and include supporting documentation outlining the dates, and the activities undertaken by those particular staff.

For further information, refer to the Victorian DRFA Guideline 3.

Note: a non-disaster council may also only be minorly impacted by these Victoria bushfires and storms commencing 13 February 2024 and may have capacity to assist a more severely impacted council.

Private vehicle usage is eligible to be claimed under the DRFA.

Supporting documentation is required, such as:

• the activity each staff member was undertaking (for example, assisting in the relief or recovery centre)
• dates worked
• private vehicle usage amount (this is calculated as per council staff private vehicle use policy).

For more information, refer to the Victorian DRFA Guideline 3.

If equipment such as road closure signs (for example, "water over roads") are unable to be hired and are required to be purchased, impacted councils may claim the cost of the purchase as an eligible expense so long as the purchase amount is less than that of the hire cost.

Appropriate evidence would need to be provided to demonstrate this is the most cost effective solution. If the purchase cost is more than the hire cost, the impacted council is able to claim equivalent hire costs for the equipment including operational costs if not covered by the hiring arrangement. If that equipment is issued in subsequent DRFA notified disasters, operating costs (for example, fuel, transportation) will be considered as eligible expenses.

A council will need to discuss with their Assigned Assessor from Department of Transport and Planning if they are concerned whether the works required will not be completed within the 3 month period post access to the asset.

Step 1

An asset is determined as accessible when:

• the disaster is no longer occurring (for example, flood waters have receded, or a bushfire is out/under control) and the site of the damaged asset can be safely accessed by surveyors, and/ or reconstruction workers, or
• the council has capacity to undertake the required restoration works. In this situation, the council must be able to demonstrate that they have made a reasonable attempt to undertake works as soon as the disaster was no longer occurring (as per the point above) but was not able to complete the works because of:
  - competing reconstruction priorities associated with a significant program of works caused by a severe disaster or multiple disasters, or
  - the unavailability of specialised equipment/resources.

Step 2

The council in consultation with their Assessor are to complete a Request for an Extension of time period for Emergency and Immediate Works form (External link) two weeks prior to the end of the allowable time period in the via the online Claims Management System.

Step 3

The NDFA team will review the extension of time request and send a request for consideration by the National Emergency Management Agency. The Assessor will discuss the outcome with the requesting Council.

For more information, please refer to the Emergency Works, Immediate Reconstruction works and Essential Public Assets Reconstruction work in Victorian DRFA Guideline 1.

Cleaning and refilling residential septic tanks to make them operational, is eligible as a counter disaster operation under Category A of the DRFA, therefore the Council can hire or externally contract in resources for this activity.

The purchase of equipment is ineligible under the DRFA. However, where equipment are required to be purchased as they are unable to be hired, and the purchase amount is less than that of the hire cost, impacted councils may claim the cost of the purchase as an eligible expense.

Appropriate evidence would need to be provided to demonstrate this is the most cost effective solution. If the purchase cost is more than the hire cost, the impacted council is able to claim equivalent hire costs for the equipment including operational costs if not covered by the hiring arrangement. If that equipment is issued in subsequent DRFA notified disasters, operating costs (fuel, transportation) will be considered as eligible expenses.

For further information, refer to the Counter Disaster Operations in the Victorian DRFA Guideline 3.

Local councils impacted by the Victorian Bushfires and Storms commencing 13 February 2024 (AGRN 1108) should contact us via email: ndfa@justice.vic.gov.au (External link) to discuss the availability of assistance or submit a notification of event (External link) via the online Claims Management System.

For more information, visit Disaster Recovery Funding Arrangements (DRFA) - for events post 1 November 2018. (External link)