❓ A WA parliamentary question scrutinizes the emergency restrictions on firearm and ammunition sales during the COVID-19 pandemic, focusing on decision-making processes, legal advice, and impact on licensing and enforcement. The response provides data and clarifications, but withholds privileged legal advice.
AnsweredQoN 2940Legislative Council
QuestionView source ↗
I refer to the
restrictions on the sale of firearms and ammunition which came into force on 27
March 2020, and I ask: (a) did the State
Emergency Coordinator seek the agreement of the Premier or the Minister for
Police prior to publishing the Closure of Gun Shops and Closure of Gun Shops
(2) directions; (b) if yes to (a), what
advice was provided to the Premier and Minister in relation to this matter and
please table a copy of any correspondence, briefing material or similar
relating to this matter received from the Western Australia Police Force (WAPF); (c) for each week for the
months of January, February, March and April 2020 please identify: (i) the number of
applications received by WAPF by application class; (ii) the number of applications approved and declined by
application class; and (iii) the number of applications declined as a direct result of the COVID-19 pandemic; (d) how many officers are
employed in the Licensing Enforcement Division of the WAPF by FTE,
number and rank; (e) of those identified
in (d), how many are directly involved in the processing of firearm applications
or other firearm regulatory functions; (f) as a direct result of
the above mentioned directions, the cancellation of pending application and the
moratorium on further applications, how many of the officers by number and FTE
identified in (d) were relocated to the frontline to assist in the pandemic
response; (g) did the State
Government or the State Emergency Coordinator seek the advice of the Chief
Health Officer with respect to the above mentioned directions prior to their
issuing; (h) if yes to (g), on what
date was advice sought and what was the advice provided; (i) where an applicant
for a firearm has been declined on COVID-19 grounds, will this have any weight
or bearing on future applications where historical application refusals are
required to be disclosed as part of the application process; (j) how
many declined applications would have satisfied the criteria in paragraph
(4)(a) to (d) of the direction; (k) for each type of firearm license original issue and for additional
firearms, please identify the related fee that is applicable and of that the
part of the fee which is retained by Australia Post for the services it
provides; (l) what would have been
the total cost to Government if it took a decision to fully refund applicants
who had their applications declined on COVID-19 grounds i.e. what was the total
cost of the Australia Post component of the declined applications fees; (m) did the State
Emergency Coordinator or the Government seek legal advice on whether the above
mentioned directions were lawful under Section 71 of the Emergency
Management Act 2005 ; (n) if yes to (m), did
that advice support their application lawfully; (o) what information was
considered by the State Emergency Coordinator, or the Government, which led to
the revocation of the direction on 6 May 2020; (p) please table the
information considered and identified in (o); and (q) was
any stakeholder consultation held prior to publishing the direction and, if so,
with whom and on what dates?
restrictions on the sale of firearms and ammunition which came into force on 27
March 2020, and I ask: (a) did the State
Emergency Coordinator seek the agreement of the Premier or the Minister for
Police prior to publishing the Closure of Gun Shops and Closure of Gun Shops
(2) directions; (b) if yes to (a), what
advice was provided to the Premier and Minister in relation to this matter and
please table a copy of any correspondence, briefing material or similar
relating to this matter received from the Western Australia Police Force (WAPF); (c) for each week for the
months of January, February, March and April 2020 please identify: (i) the number of
applications received by WAPF by application class; (ii) the number of applications approved and declined by
application class; and (iii) the number of applications declined as a direct result of the COVID-19 pandemic; (d) how many officers are
employed in the Licensing Enforcement Division of the WAPF by FTE,
number and rank; (e) of those identified
in (d), how many are directly involved in the processing of firearm applications
or other firearm regulatory functions; (f) as a direct result of
the above mentioned directions, the cancellation of pending application and the
moratorium on further applications, how many of the officers by number and FTE
identified in (d) were relocated to the frontline to assist in the pandemic
response; (g) did the State
Government or the State Emergency Coordinator seek the advice of the Chief
Health Officer with respect to the above mentioned directions prior to their
issuing; (h) if yes to (g), on what
date was advice sought and what was the advice provided; (i) where an applicant
for a firearm has been declined on COVID-19 grounds, will this have any weight
or bearing on future applications where historical application refusals are
required to be disclosed as part of the application process; (j) how
many declined applications would have satisfied the criteria in paragraph
(4)(a) to (d) of the direction; (k) for each type of firearm license original issue and for additional
firearms, please identify the related fee that is applicable and of that the
part of the fee which is retained by Australia Post for the services it
provides; (l) what would have been
the total cost to Government if it took a decision to fully refund applicants
who had their applications declined on COVID-19 grounds i.e. what was the total
cost of the Australia Post component of the declined applications fees; (m) did the State
Emergency Coordinator or the Government seek legal advice on whether the above
mentioned directions were lawful under Section 71 of the Emergency
Management Act 2005 ; (n) if yes to (m), did
that advice support their application lawfully; (o) what information was
considered by the State Emergency Coordinator, or the Government, which led to
the revocation of the direction on 6 May 2020; (p) please table the
information considered and identified in (o); and (q) was
any stakeholder consultation held prior to publishing the direction and, if so,
with whom and on what dates?
AnswerView source ↗
Answered
24 June 2020
Responded by
Minister for Environment representing the Minister for Police
Response time
13 days
The Western Australia Police Force advise:
(a)-(b) The State Emergency Coordinator (SEC) raised concerns with the Premier and the Minister for Police prior to issuing the Directions. No written advice was provided.
(c)
(i)
January 2020:
February 2020
March 2020
April 2020
(ii)
January 2020:
February 2020
March 2020
April 2020
(iii) 1 073, the Licensing and Registry System does not allow for a weekly breakdown of figures for applications declined as a result of COVID-19.
(d) 111.5 FTE comprising 61 police officers ranging in rank from Constable to Superintendent, and 50.5 police staff from Level 1 to Level 6.
(e) 31.
(f) There was no moratorium on applications or cancellation of applications. The applications were declined based on the applicant’s failure to meet the legislative requirement of genuine reason and genuine need. Ten were deployed from the Licensing Enforcement Division to frontline duties.
(g)-(h) Yes, Police sought advice on 26 March 2020 and the Chief Health Officer was supportive of the proposal.
(i) No.
(j) 127.
(k) Original $268.00, Australia Post portion $33.95; Additional $188.00, Australia Post portion $33.95.
(l) Police adopted the approach of reinstating applications which had drawn the Australia Post fee. So applicants were not charged any additional fees for reinstated applications, they were asked to pay the application fee which had been refunded, minus the Australia Post fee. The relevant Australia Post fees are estimated to be $36 428.35.
(m) – (p) Privileged legal advice was obtained.
(q) There was no opportunity for stakeholder communication prior to the issuance of the Direction by the SEC. The Licencing Enforcement Division notified dealers, repairers and manufactures and other stakeholders within a short time of the Directions being issued, and continued to provide information to stakeholders about them up to their revocation.
(a)-(b) The State Emergency Coordinator (SEC) raised concerns with the Premier and the Minister for Police prior to issuing the Directions. No written advice was provided.
(c)
(i)
January 2020:
February 2020
March 2020
April 2020
(ii)
January 2020:
February 2020
March 2020
April 2020
(iii) 1 073, the Licensing and Registry System does not allow for a weekly breakdown of figures for applications declined as a result of COVID-19.
(d) 111.5 FTE comprising 61 police officers ranging in rank from Constable to Superintendent, and 50.5 police staff from Level 1 to Level 6.
(e) 31.
(f) There was no moratorium on applications or cancellation of applications. The applications were declined based on the applicant’s failure to meet the legislative requirement of genuine reason and genuine need. Ten were deployed from the Licensing Enforcement Division to frontline duties.
(g)-(h) Yes, Police sought advice on 26 March 2020 and the Chief Health Officer was supportive of the proposal.
(i) No.
(j) 127.
(k) Original $268.00, Australia Post portion $33.95; Additional $188.00, Australia Post portion $33.95.
(l) Police adopted the approach of reinstating applications which had drawn the Australia Post fee. So applicants were not charged any additional fees for reinstated applications, they were asked to pay the application fee which had been refunded, minus the Australia Post fee. The relevant Australia Post fees are estimated to be $36 428.35.
(m) – (p) Privileged legal advice was obtained.
(q) There was no opportunity for stakeholder communication prior to the issuance of the Direction by the SEC. The Licencing Enforcement Division notified dealers, repairers and manufactures and other stakeholders within a short time of the Directions being issued, and continued to provide information to stakeholders about them up to their revocation.
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