Appendix 4


APMC Resolution, 11 April 1997



Agenda Item 7.3(A)


National Firearms Controls—Grounds for Refusal or Cancellation of Licence and Seizure of Firearms


Council resolved to:

a) [E]ndorse the following model legislation to enable health practitioners, at their discretion, to inform Police (the Firearms Registrar) when, in their professional opinion, there is doubt concerning a person’s fitness to own or use a firearm:

1) Where a medical practitioner, registered psychologist, registered nurse, other health professional, or a counsellor has reasonable cause to believe that:

a) possession of a firearm by a person, to whom he or she has provided professional services, is likely to be unsafe for that person or any other person; and

b) that person holds or intends applying for a firearms licence or possesses or may intend to possess a firearm,

the medical practitioner, registered psychologist, regis-tered nurse, other health professionals, or counsellor may inform the Registrar as soon as practicable and confirm in writing, of the person’s name, address and the reason why, in the opinion of the practitioner, it is or would be unsafe for the person to have possession of a firearm.

2) Compliance by a medical practitioner, registered psychol-ogist, registered nurse and other health professionals or a counsellor with section (1) attracts no civil or criminal liability;

Council notes that the process for reporting should not carry penalties for non-compliance and should protect the practitioner from both civil and criminal liability. Council also endorses the principle that the scheme is not intended to cause discrimination against any groups or individuals and should contain avenues for appeal and review of decisions.


b) [R]equest health practitioner associations to develop, for their members, curriculum and pre and in service training packages to assist in identifying risk factors in the context of firearms regulations and reporting to police (the Firearms Registrar).


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