Who can make an application to the Firearms Appeals Committee?
If the Chief Commissioner of Victoria Police cancels your firearms licence, refuses your application for a firearms licence or if licence conditions are imposed, you may have a right to have this decision reviewed by the Firearms Appeals Committee.
Please note that if you have been deemed a ‘prohibited person’ there are no grounds for appeal to this committee. A ‘prohibited person’ is not permitted to hold a firearms licence.
What is a ‘prohibited person’?
A ‘prohibited person’ is defined in section 3 of the Firearms Act 1996. It includes a person who has been:
- imprisoned for a serious offence, assault or drug offence anywhere in Australia, or for a conspiracy offence under the Crimes Act 1958
- subject to an order under the Family Violence Protection Act 2008 or the Personal Safety Intervention Orders Act 2010 or its equivalent in another state or territory
- placed on a community-based order or community correction order by a court
- found guilty by a court of an indictable offence or an offence against the Firearms Act 1996, or other similar Acts involving possession of a firearm, where it was open to the court to impose a prison sentence.
This is a very broad definition of who may be deemed a prohibited person. Please read section 3 of the Firearms Act 1996 for the complete definition of a prohibited person. The Firearms Act 1996 can be found on the Victorian Legislation and Parliamentary Documents website (External link)
How do I apply?
To lodge an appeal with the Firearms Appeals Committee, complete the application form attached below and return it to:
Firearms Appeals Committee
GPO Box 4356QQ
Melbourne VIC 3001
A copy of the decision of Victoria Police and a bank cheque or money order for the prescribed fee made out to the Firearms Appeals Committee must be included with the application form. The committee must receive the application within 28 days of the notice of decision being given to you by Victoria Police.
You must also give notice to Victoria Police that you have lodged an application.
Victoria Police - Licensing Services Division
Victoria Police, Licensing and Regulation
GPO BOX 2807
Melbourne VIC 3001
Tel: 1300 651 645
How much does it cost to lodge an application with the committee?
The fee for an application to the Firearms Appeals Committee is currently $41.80. The fee for a review of a decision made by the Chief Commissioner of Victoria Police is fixed by section 15 of the Firearms Regulations 2008 at 3 fee units. The value of a fee unit is indexed annually, so that it goes up in line with inflation. Any change to the value of a fee unit will occur on 1 July each year.
What else do I need to provide?
You may provide medical reports, character witnesses or statements, documents to verify your use of a firearm for business, proof of membership to shooting associations (and compliance with their rules) or other evidence to support your case.
Please try to make copies of any written material available to the committee before the hearing.
Where are the hearings held?
Hearings are held at the William Cooper Justice Centre located at 223 William Street, Melbourne.
Who can attend the hearing?
You may bring people to the hearing to support your appeal. It is up to you whether or not you arrange a lawyer for the hearing. If you do, please provide the full name your legal representative to the committee secretary before the hearing.
Do I have to attend the hearing?
It is not compulsory for you to attend, as the committee can consider any written material you submit. However, if you attend, the committee can take into account any further information or arguments you make.
What if I am not happy with the decision of the committee?
If you are not satisfied with the outcome of your appeal to the Firearms Appeals Committee, you may make a further appeal to the Victorian Civil Administrative Tribunal (VCAT) (External link)
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|Author:||Department of Justice and Regulation|
|Publisher:||Department of Justice and Regulation|
|Date of Publication:||2016|
|Copyright:||State of Victoria, 2016|
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