The emerging legal issue of failure to warn

This paper will review the legal obligation upon the emergency services to warn the community of impending natural disasters. The essential legal elements in 'failure to warn' cases will be identified and, with reference to findings from post event inquiries (including the 2009 Victorian Bushfires Royal Commission), post event litigation (including litigation arising from the 2003 Canberra fires) and recent amendments to legislation (including the Fire Services Commissioner 2010 (Vic)) the implications for the emergency services and their media advisers will be discussed. This paper will show that agencies must, in future, put as much effort into 'putting out the information' as they do in 'putting out the fire'!