❓ Ms. Giddens asks about the Cook Labor government's firearms law reforms and their impact on community safety and domestic violence. The Minister responds by highlighting the legislation's focus on community safety as paramount and specific measures to prevent firearm access by perpetrators of family violence.
AnsweredQoN 439Legislative Assembly
QuestionView source ↗
FIREARMS ACT —
REFORM — COMMUNITY SAFETY
439. Ms K.E. GIDDENS to the Minister for Police:
I refer to the passing of the Cook
Labor government's nation-leading reforms to Western Australia's
firearms laws.
(1) Can the minister advise the house how this historic
achievement places community safety as the primary consideration?
(2) Can the
minister outline to the house what these laws will do for people who are
vulnerable to acts of family and domestic violence?
REFORM — COMMUNITY SAFETY
439. Ms K.E. GIDDENS to the Minister for Police:
I refer to the passing of the Cook
Labor government's nation-leading reforms to Western Australia's
firearms laws.
(1) Can the minister advise the house how this historic
achievement places community safety as the primary consideration?
(2) Can the
minister outline to the house what these laws will do for people who are
vulnerable to acts of family and domestic violence?
AnswerView source ↗
I thank the member for her
question, her interest in this matter and her support for the law.
(1) In response to her first question about how this
historic achievement places community safety as the primary consideration, I say
that what we have done is essentially lift the key principle from the John
Howard–led National Firearms Agreement. That key principle is
that ownership, possession and use of a firearm is a privilege in Australia,
and that privilege is conditional on the provision of community safety. That is
embedded in our legislation, I think, at clause 4, which then impacts on every
other part of the legislation and ensures that any consideration of applying
the law will take that into account.
(2) Beyond that,
the member asked what the laws will do for people who are vulnerable to acts of
family and domestic violence. There will be
specific changes to the law to address the vulnerability of people to family and domestic violence. Firstly, we will prevent access to firearms by people
who pose a risk of violence, family violence or intimidating behaviour. This
amendment will ensure that in addition to considerations of public safety,
which we have elevated, in any decision-making or administration of the bill,
specific emphasis will be placed on
preventing access to firearms by any person who poses a risk of family violence or intimidation. We understand that the elevation of public safety might
include an interpretation of that guidance
as addressing domestic violence, but in response to the tragic events in
Floreat, we will specifically state the government's position on
family and domestic violence, and that is to be reflected in this space by
preventing access to firearms by perpetrators of family violence. By placing it
within the objects of the bill, it will flow on to each decision point within
the bill, and particularly the consideration by the commissioner of a person's
fit and proper status. In regard to that decision-making process, we have also
taken the definition of ''family violence'' from the Restraining
Orders Act; the bill has been amended to include that definition. Previously,
the bill reflected only upon violence and did not countenance the wider
definition in the Restraining Orders Act. That definition considers not only
physical violence to a family member, but
also any other behaviour that coerces or controls a family member or causes
them to be fearful .
On
top of that, we have created mandatory disqualifying orders. There are people
currently in the community who have been convicted of serious offences
for which the penalty is up to five years or more in jail. Those people who are
currently in possession of a firearms licence will have it removed; they will
receive a mandatory disqualifying order. This part of the law can be applied in
advance of commencement. People who have
been convicted of a serious offence will be prevented from owning or retaining
a gun. If someone commits an offence
now and is charged and then found guilty, they will be subject to these MDOs, but
there are as many as a thousand or so of those people out there now, and
a hundred of them committed serious family and domestic violence offences.
Obviously, the police will be looking very closely at them. The commissioner
will apply his own judgement to the fit and proper status of those people in
light of the message we have sent with this legislation. It will mean that the
community will be safer, and particularly those people who are vulnerable to
family and domestic violence will be safer.
question, her interest in this matter and her support for the law.
(1) In response to her first question about how this
historic achievement places community safety as the primary consideration, I say
that what we have done is essentially lift the key principle from the John
Howard–led National Firearms Agreement. That key principle is
that ownership, possession and use of a firearm is a privilege in Australia,
and that privilege is conditional on the provision of community safety. That is
embedded in our legislation, I think, at clause 4, which then impacts on every
other part of the legislation and ensures that any consideration of applying
the law will take that into account.
(2) Beyond that,
the member asked what the laws will do for people who are vulnerable to acts of
family and domestic violence. There will be
specific changes to the law to address the vulnerability of people to family and domestic violence. Firstly, we will prevent access to firearms by people
who pose a risk of violence, family violence or intimidating behaviour. This
amendment will ensure that in addition to considerations of public safety,
which we have elevated, in any decision-making or administration of the bill,
specific emphasis will be placed on
preventing access to firearms by any person who poses a risk of family violence or intimidation. We understand that the elevation of public safety might
include an interpretation of that guidance
as addressing domestic violence, but in response to the tragic events in
Floreat, we will specifically state the government's position on
family and domestic violence, and that is to be reflected in this space by
preventing access to firearms by perpetrators of family violence. By placing it
within the objects of the bill, it will flow on to each decision point within
the bill, and particularly the consideration by the commissioner of a person's
fit and proper status. In regard to that decision-making process, we have also
taken the definition of ''family violence'' from the Restraining
Orders Act; the bill has been amended to include that definition. Previously,
the bill reflected only upon violence and did not countenance the wider
definition in the Restraining Orders Act. That definition considers not only
physical violence to a family member, but
also any other behaviour that coerces or controls a family member or causes
them to be fearful .
On
top of that, we have created mandatory disqualifying orders. There are people
currently in the community who have been convicted of serious offences
for which the penalty is up to five years or more in jail. Those people who are
currently in possession of a firearms licence will have it removed; they will
receive a mandatory disqualifying order. This part of the law can be applied in
advance of commencement. People who have
been convicted of a serious offence will be prevented from owning or retaining
a gun. If someone commits an offence
now and is charged and then found guilty, they will be subject to these MDOs, but
there are as many as a thousand or so of those people out there now, and
a hundred of them committed serious family and domestic violence offences.
Obviously, the police will be looking very closely at them. The commissioner
will apply his own judgement to the fit and proper status of those people in
light of the message we have sent with this legislation. It will mean that the
community will be safer, and particularly those people who are vulnerable to
family and domestic violence will be safer.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.