With bushfire season upon us and heatwave conditions affecting much of the state, a Legal Aid NSW lawyer in Dubbo is urging tenants and homeowners alike to get to know their rights in the event of a disaster impacting their homes.
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Felix Turnbull was one of two local lawyers who manned the Disaster Recovery Centre at Coolah, with support from Sydney Legal Aid NSW colleagues, after the Sir Ivan bushfire in early 2017.
Mr Turnbull advises that legal help is available in the wake of an extreme weather event, but there are also steps that people can take right now that can offer greater peace of mind if disaster strikes.
“Being forced out of your home for a period of time, or losing it altogether, can be an overwhelming experience and it can have a devastating impact on families and their livelihoods,” Mr Turnbull said.
“Being aware of your legal rights and having all your papers in order ahead of time can take some of the pressure off.”
Mr Turnbull said questions about insurance were most common after a disaster.
“Well before you need to call on your insurance, take the time to read the Product Disclosure Statement for your insurance product,” he said.
Often the most pressing legal issue for people who are trying to get back on their feet after a bushfire or other extreme weather event comes down to keeping a roof over their heads.
- Legal Aid lawyer Felix Turnbull
“Often the most pressing legal issue for people who are trying to get back on their feet after a bushfire or other extreme weather event comes down to keeping a roof over their heads.
“For homeowners, there might be confusion about their insurance coverage or problems making claims.
“In agricultural regions, where bushfires can mean significant losses to fencing, stock, crops, feed and infrastructure, we also hear from people who want to know how they can get back to business without affecting their claim.
“At Legal Aid NSW we can help answer questions about the law when it comes to insurance, and we can offer support when problems come up.”
Legal Aid NSW has recently published a series of factsheets to help members of the public understand their rights after a natural disaster, with information about what to do immediately after a disaster, what to expect from insurance companies, what to do if your insurer offers you a cash settlement or makes a decision you don't agree with, and how to get help.
These free factsheets can be viewed and ordered online, at www.legalaid.nsw.gov.au/publications.
One step that homeowners can take is to check whether their buildings and contents are insured against natural disasters, what exclusions there may be, and how much they are insured for.
Building costs can rise over time, and may be affected by changing regulations and building codes.
A coverage level that was appropriate five years ago may not be adequate today.
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Mr Turnbull had a message for renters as well, saying it was important they understood they also had rights.
“Sometimes renters think, or are led to believe, that they have to keep paying full rent even if they can’t stay in their weather-damaged properties, which is not true,” he said.