Sudden Death and Arms Act

Question 1

43 restriction on release if no post mortem directed

Answer 1

Authorise release under 42 no earlier than 24hrs after notifying constable
Exception of s/sgt or above agrees to release within 24hrs

COR30 sent to police which outlines no suspicious circumstances

Police sign it satisfied no post mortem required as no potential crime concerns

Refuse to sign, needs to be evidential basis. Evidence that coroner did not previously have

Question 2

Body ID and media comment

Answer 2

Coroner can not release unless satisfied with ID

Seek police media team advice
Consult with responsible coroner

Question 3

AA 22H

Answer 3

Disqualified from licence if
Within 10yrs convicted or released from custody after conviction or certain offences
Arms Act offences
Serious violent offence
Certain crimes act and misuse drugs act
PO has or had made against in previous 10yrs

Question 4

When 22H does not apply

Answer 4

Does not apply to previous convictions or PO if

Existing holder in March 2020 for offences or
Previous to 24 Dec 2020 had a PO against them

This is when 22H was commenced but date varied for offence vs PO

If not a firearms licence holder, dates do not matter, disqualified if PO or offence within 10ths

Question 5

Basis for belief AA

Answer 5

Reasonably believe lic holder
Failing
Has failed
Likely to fail
To comply with AA provisions

Balance of probabilities

Question 6

Fit and proper person review

Answer 6

Review if demonstrate
Unlawful, dangerous or unsafe behaviour
Non compliance with lic, endorsement or permit
Lack of judgement
Poor decision making

Question 7

24A(1) a-n 1 or more of these to be found not fit

Answer 7

Convicted of offence punishable by term of imprisonment
Charged or convicted arms act offence
Charged or convicted of certain offence - 231A crimes, game animal council act, wildlife act, wild animal control act
Temp PO against them at any time
Inflicted or is family violence and grounds for a PO
Restraining order
Non compliance with parts of arms act
Mental or physical injury or illness which may affect safety ability
Abuses alcohol
Uses drugs
Member or close of gang
Pattern or violent, hates it extremism
Assessed as risk to national security

Question 8

24A(2) factors may take into account AA

Answer 8

Whether Applicant
Sound knowledge of safe posses and use
Legal obligation of holding
Other criteria in 74(1)(bc)
Other relevant matters considered appropriate

Question 9

If fits under 24A(1) or (2) before can consider not fit and proper

Answer 9

Consider
Severity (type of conduct, risk of harm) and recency of circumstances
Collectively/totality when considered overall

Question 10

When no longer considered fit and proper

Answer 10

Threshold for consideration of suspension (pending revocation) or revocation and notice can be issued
Suspension 60A(1)
Revocation 27(2)

Can issue warning if marginally fit or proper