Firearms Flashcards
To achieve compliance, Police will tailor interventions in line with what?
- Levels of risk
- Action or potential consequences
- Behaviour, attitude and capability of flic holder
Police will focus on two aspects of risk. What are they?
- The magnitude of consequences should an event occur
- The likelihood of that event occurring
When tailoring interventions to ensure compliance, what do you need to take in to account regarding risk, attitude, behaviour and capability?
- Barriers such as a lack of awareness, understanding or capability may prevent some people from operating safely or responsibly
- Some people will make effort to comply only because of the risk of Police intervention
- Some people won’t comply at all
In tailoring intervention for compliance, what do Police aim to do?
- Make compliance easy for those who can and want to comply
- Assist those who are trying to comply but aren’t
- Encourage compliance through interventions for those who are reluctant
- Use full force of regulatory process for those who do not want to comply
(even where attitude is good, however, if potential consequences are serious, regulatory action may be required)
Police need to be ‘outcomes focused’. What outcomes are referred to?
Personal and public safety, security of and responsible use of firearms.
Interventions by Police will take in to account attitude towards compliance and be what? (6 points).
- Logical, timely, considered
- Evidence based
- Impartial, unbiased
- Robust and well documented
- Proportionate to risk posed by non-compliance
- Consistent with law, public interest and police policies and values
The study material lists a range of six interventions available to Police. List these.
- Information/educational material
- Warning letters
- Improvement notices
- Conditions on a dealer’s or firearms licence
- Temporary suspension or notice consideration of revocation
- Revoke flic or an endorsement
What factors impact on your consideration of appropriate intervention for firearms breaches? (4 points).
- Extent of harm or risk of harm
- Conduct
- Public interest
- Attitude to compliance
Is a firearms licence deemed to be suspended even when a temporary protection order is in force?
Yes. And revoked when the protection order is made final.
When a final protection order is put in place (after FLIC has previously been suspended), what must a Police inspector (or higher rank) do?
Issue the respondent a written notice of revocation and ensure the holder’s firearms licence and any firearm under their control is surrendered.
What is the standard of proof to determine the failure of a provision of the Arms Act?
On the balance of probabilities.
- Reasonably believe
- Failing, failed, like to fail
- To comply with a provision of the Arms Act…
The purpose of the Arms Act must be kept in mind when determining ‘fit and proper’ status. What is the purpose(s)/Aim(s) of the Arms Act?
- Promote safe possession and use of firearms and other weapons
- Impose controls on possession and use firearms and other weapons
When would Police review a person’s fit and proper status and the continuation of their FLIC?
When they demonstrate:
- Unlawful, dangerous, unsafe behaviour or
- Non-compliance with FLIC or
- Behaviour indicating lack of judgement or
- Poor decision making
The assessment of a person’s fit and proper status requires consideration of a two-stage process. Describe these stages.
- Whether they’re involved in specific behaviours, offending or circumstances considered relevant - THEN
- Severity and recency of circumstances (individually first then collectively)
(1) May find a person not fit and proper if satisfied one or more of following:
a - Charged or convicted punishable by imprisonment
b - Charged or convicted of offence under this Act
c - Charged or convicted of offences 231 Crimes Act, Game Animal Council, Wildlife, Wild Animal control
d- Temp protection order etc
e- Inflicted or inflicting FV
f - Harassment Act
g - Non-compliance of this Act
h - Mental or physical illness
i - Abuse alcohol
j - Drugs
k - Gang
l - Violent tendencies, hatred, extremism
m - Risk to nat sec
n - Any criteria under section 74(1)(bb)
