Notice of decision: Exemption application regarding decisions under WA Firearms Act

Disability Discrimination Act 1992: Application pursuant to section 55 for exemption from a provision or provisions of Part 2, Divisions 1 and 2

The Human Rights and Equal Opportunity Commission gives notice of a decision made on 9 May 2000 under section 57 of the Disability Discrimination Act 1992 ("DDA") concerning decisions to refuse permits or licenses under the Firearms Act 1973 (WA) and related matters.

Applicants

The exemption application was submitted by the Commissioner of Police for Western Australia.

Decision of the Commission

The Commission decided not to grant the exemption applied for.

Finding and reasons

The Commission decided that an exemption had not been shown to be required, since complaints regarding legitimate decisions and actions can be expected to be declined under the DDA as not unlawful, or as more appropriately dealt with through the appeal procedure under the Firearms Act. In the Commission's view it is not appropriate to use a temporary administrative exemption procedure indefinitely and the application gives no indication that the position will be any different in future. In making this decision the Commission had reference to the Notice of Inquiry published on the internet at www.humanrights.gov.au/disability_rights/exemptions/Gunnoi/gunnoi.htm and available on request by calling (02) 9284 9724.

Review of decision

Subject to the Administrative Appeals Tribunal Act 1975, application may be made to the Administrative Appeals Tribunal for a review of the decision to which this notice relates by or on behalf of any person or persons whose interests are affected by the decision.

Alice Tay President

on behalf of the Commission 16 May 2000