Parliamentary Questions & Answers

Question On Notice No. 2940 asked in the Legislative Council on 12 May 2020 by Hon Martin Aldridge

Question Directed to the: Minister for Environment representing the Minister for Police
Parliament: 40 Session: 1

Question

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);

(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?

Answered on 24 June 2020

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:

New Firearm Applications - 1^st – 11^th57 applications; 12^th – 18^th41 applications; 19^th – 25^th76 applications; 26^th – 31^st54 applications.
Applications for Additional Firearms - 1^st – 11^th149 applications; 12^th – 18^th108 applications; 19^th – 25^th122 applications; 26^th – 31^st117 applications.

February 2020

New Firearm Applications - 1^st – 8^th52 applications; 9^th – 15^th51 applications; 16^th – 22^nd 60 applications; 23^rd – 29^th 75 applications.
Applications for Additional Firearms - 1^st – 8^th139 applications; 9^th – 15^th160 applications; 16^th – 22^nd 154 applications; 23^rd – 29^th 151 applications.

March 2020

New Firearm Applications - 1^st – 7^th52 applications; 8^th – 14^th79 applications; 15^th – 21^st 92 applications; 22^rd – 31^st230 applications.
Applications for Additional Firearms - 1^st – 7^th122 applications; 8^th – 14^th175 applications; 15^th – 21^st 162 applications; 22^rd – 31^st 298 applications.

April 2020

New Firearm Applications - 1^st – 11^th39 applications; 12^th – 19^th6 applications; 20^th – 25^th7 applications; 26^th – 30^th 9 applications.
Applications for Additional Firearms - 1^st – 11^th 56 applications; 12^th – 19^th12 applications; 20^th – 25^th12 applications; 26^th – 30^th 11 applications.

(ii)

January 2020:

New Firearm Applications - 1^st – 11^th59 approved, 0 declined; 12^th – 18^th41 approved, 0 declined; 19^th – 25^th76 approved, 0 declined; 26^th – 31^st54 approved, 0 declined.
Applications for Additional Firearms - 1^st – 11^th147 approved, 0 declined; 12^th – 18^th108 approved, 0 declined; 19^th – 25^th121 approved, 1 declined; 26^th – 31^st117 approved, 0 declined.

February 2020

New Firearm Applications - 1^st – 8^th49 approved, 1 declined; 9^th – 15^th41 approved, 1 declined; 16^th – 22^nd 49 approved, 0 declined; 23^rd – 29^th 51 approved, 0 declined.
Applications for Additional Firearms - 1^st – 8^th138 approved, 1 declined; 9^th – 15^th151 approved, 0 declined; 16^th – 22^nd 150 approved, 0 declined; 23^rd – 29^th 146 approved, 0 declined.

March 2020

New Firearm Applications - 1^st – 7^th31 approved, 0 declined; 8^th – 14^th29 approved, 0 declined; 15^th – 21^st 16 approved, 0 declined; 22^rd – 31^st10 approved, 42 declined.
Applications for Additional Firearms - 1^st – 7^th108 approved, 0 declined; 8^th – 14^th156 approved, 1 declined; 15^th – 21^st 131 approved, 0 declined; 22^rd – 31^st138 approved, 32 declined.

April 2020

New Firearm Applications - 1^st – 11^th6 approved, 306 declined; 12^th – 19^th10 approved, 452 declined; 20^th – 25^th9 approved, 40 declined; 26^th – 30^th 9 approved, 0 declined.
Applications for Additional Firearms - 1^st – 11^th387 approved, 326 declined; 12^th – 19^th37 approved, 473 declined; 20^th – 25^th10 approved, 34 declined; 26^th – 30^th 8 approved, 0 declined.

(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.