On this page
- Why have we created disaster-related legal resources?
- What do we mean when we talk about a ‘disaster’?
- How disasters impact not-for-profit organisations
Why have we created disaster-related legal resources?
Disasters cause legal problems and increase vulnerability.
During disasters not-for-profit organisations face surges in demand while they deal with disruption to services (like electricity, transport and internet) and the availability of staff.
The cumulative effects of disasters adversely affect these organisations, resulting in fewer volunteers and, in some cases, risk of closure. Unresolved legal problems can affect an organisation’s ability to continue its operations and its financial stability.
With climate change causing a rise in extreme weather events, not-for-profit organisations are also dealing with new planning and governance challenges, while continuing to manage competing priorities and limited resources. Not-for-profit organisations must also comply with a mix of state and federal laws that are often not designed with not-for-profits in mind.
In these times of crisis, not-for-profit organisations need to be able to access legal help as quickly and seamlessly as possible.
We have created these legal resources to help not-for-profit organisations:
- plan for, respond to, and recover after disasters
- identify legal issues during disasters and ways to manage these issues
- provide safe workplaces and protect their employees and volunteers during periods of crisis
- improve climate governance and disaster risk management practices
What do we mean when we talk about a ‘disaster’?
In 2011, the Council of Australian Governments (COAG) released Australia's National Strategy for Disaster Resilience. The strategy acknowledges the growing frequency and intensity of disasters in Australia and the need for a unified national approach to strengthen Australia's ability to manage and recover from emergencies and disasters.
The strategy defines a disaster as:
A serious disruption to community life which threatens or causes death or injury in that community and/or damage to property which is beyond the day-to-day capacity of the prescribed statutory authorities and which requires special mobilisation and organisation of resources other than those normally available to those authorities.
This kind of serious disruption can be caused by bushfire, earthquake, flood, storm, cyclone, storm surge, landslide, tsunami, meteorite strike, or tornado. Other kinds of disasters which also create emergencies include climate change, terrorism, crimes of extreme violence, exotic plant or animal diseases, human pandemics and infrastructure failure.
In preparing the information in these resources, our references to disasters include these kinds of disasters, as well as slow moving disasters like drought and extreme heat.
How disasters impact not-for-profit organisations
Disasters create legal problems for not-for-profit organisations. These legal problems can include:
- work health and safety issues due to unsafe working conditions (for example, in times of extreme heat)
- challenges complying with fair work and other employment legislation (for example, managing the availability of staff during a pandemic)
- a need to secure more funding due to an increased demand for services (for example, providing housing services after tidal flooding)
- insurance implications due to physical damage to property (for example, a vehicle crushed by a tree during a cyclone)
- an organisation’s ability to meet contractual or other obligations due to a disruption to electricity, gas, internet, or telecommunications
- an organisation's ability to comply with laws that regulate governance of the organisation (for example, if the organisation is unable to access its premises)
Use these resources to identify legal issues during disasters and find information on planning, response, and recovery.
Disclaimer: These resources provide general information about legal issues that may arise for not-for-profit organisations in managing disasters. This information is a guide only and is not legal advice. If you or your organisation has a specific legal issue, you should seek legal advice before deciding what to do. See full disclaimer and copyright notice.
The content on this webpage was last updated in December 2024.
