Not legal issues for responders or emergency managers, but legal issues for people involved in disasters. There is increased recognition that disasters cause complex legal problems for those affected. Issues of insurance, the rights and obligations of tenants and landlords, employer and employees, the continued supply of goods and services are all matters that are affected by disasters. For example do tenants have to continue to pay rent for homes that are no longer habitable? What obligations do employees have to come to work if they need to deal with their housing disaster? What obligations do employers have to their staff if their business cannot operate?
State legal aid services are increasingly involved in disaster recovery, assisting people to deal with these legal issues. How people use these legal services, the sorts of problems they present and how legal services should be delivered during the recovery process is the subject of an interesting article in the latest issue of the Austrlaian Journal of Emergency Management – see
Dr Emily Kothe, ‘Timing of disaster-related legal assistance in New South Wales: trends in service utilisation for common legal problems following flood and bushfire’ (2025) 40(3) Australian Journal of Emergency Management 58-66 <https://knowledge.aidr.org.au/media/11784/ajem-2025-03_08.pdf>.
This blog is a general discussion of legal principles only. It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.
Hi Michael,
This is an area i hoped to specialise in.. and whole reason I studied my JD (almost finished). My problem is all of my skills are in fire and emergency management and I can’t find a job where I can use my legal knowledge too. I look forward to reading the article you posted.
Ellie.
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Loss of POI records and under-insurance are the two most immediate difficulties faced by survivors of a disaster. Follow that with issues around tenancy, and issues around employment. Issues around mental health related DV are also “on the table” . Add to that, issues around Family Law (for example, when it is impossible to comply with a Family Court order around visiting). Conversely, I have heard anecdotes of one party weaponising the disaster driven change of circumstances to press for a change of parenting arrangements. Arrears and debt can accrue when an out of work survivor cannot make Child Support payments. There can be security and Child Protection questions when Registered Persons, and/or people subject to ADVOs and APVOs are forced to intermingle with the PINOPs. Either because there is no alternative in the there-and-then, or, more simply, in situations where the identity of such a person can be easily concealed and cannot be verified.