Return to normal view

About Firearms Appeal Committee Hearings

Appeals are generally held at the Melbourne Magistrates’ Court and considered by a Division of the Committee made up of three members including:

• a legal member presiding as Chairperson
• a member with expertise in firearms
• a community representative

Before the hearing, you will be notified in writing of the date, time and location. 

The purpose of a hearing is for the Chief Commissioner’s delegate to present reasons for the decision made about your licence or permit. You will have the opportunity to respond to the Chief Commissioner’s case and to ask or answer any questions the Committee may have.

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.  

The hearing is less formal than a court proceeding. If you do not have legal representation, the Chairperson will provide you with some general guidance in the procedures in presenting your case.

Appeals begin with a summary of the case by the Chief Commissioner’s delegate and, in some cases, police witnesses give evidence. It will then be your turn to present your case. You may do this by making a statement or (preferably) by giving sworn evidence. While sworn evidence is not compulsory, it is given greater weight than a statement.

Every case is different and the evidence given by the Chief Commissioner’s delegate will be different in each case. You may provide medical reports, character witnesses or statements (see "Who is Involved in a Firearms Appeal Committee Hearing" for more information), 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. 

After hearing the evidence from both parties, Committee members will retire to consider their finding. The Chairperson will deliver the decision at the conclusion of the hearing. However, in certain circumstances a decision may be delivered at a later stage. The applicant will be notified of the decision in writing. Written reasons for a decision may also be given at a later date.

Power to award costs and expenses

The Committee has no power to award costs, expenses or compensation. Any expenses or losses you may incur in bringing the appeal are your responsibility. You cannot be ordered to pay any costs or expenses incurred by Victoria Police.

Adjournments 

You may apply for an adjournment under special circumstances. However, you should notify the Committee as soon as you become aware of the need to adjourn the matter. You may do this by fax at least two days prior to the hearing date. The hearing may be re-scheduled without unduly inconveniencing others. Repeated adjournments will generally not be allowed without compelling reasons.