Issue link: http://ssaansw.uberflip.com/i/1023716
Sporting Shooters Association of Australia (NSW) Inc. 27 likely than not the PINOP has fears and that there are reasonable grounds for those fears. A Final Order, once made, can be varied or revoked during its currency by the Court upon an application by either party. However, once the Order has expired, it cannot be varied or revoked. There had been legislation in place that would allow an expired AVO to be revoked, however this legislation was repealed by the NSW Government in December 2016. Part 2 - AVOs and Firearms Licenses When a Provisional Order is made, a firearms licence is immediately suspended by Police and remains suspended until the application for the Order is finalised in court. If a Final Order is made, the firearms licence is automatically revoked and the person is unable to re-apply for a licence within the period of 10 years of the expiry of the Final Order. So, if a Final Order is made for 2 years, the person is banned from applying for a licence for 10 years from the expiry of the Order; meaning in practical terms the person is banned for 12 years. Unfortunately, I have had many instances of members contacting me to advise they had been served with an application for an AVO and a Provisional Order and when they attended court (in most cases without legal representation) they were approached by a Police Officer, being a Domestic Violence Liaison Officer (DVLO). They were then told by the DVLO that an application for an AVO is not a criminal matter and they can simply agree to the application without making any admissions. What they are not told by the DVLO is the impact on their firearms licence or any future application for a licence by agreeing to this course. If an application is dismissed by the court, the suspension of the licence remains in place until it is lifted by the Firearms Registry. The fact that the application was dismissed by the court does not automatically mean the Firearms Registry will lift the suspension. In some cases this happens, but in my experience, the Firearms Registry has still moved to revoke the licence or has placed a special condition on the licence preventing the person from storing their firearms at their residence if they are still living with the PINOP. In either of these circumstances, the licensee may seek an Internal Review of this decision and if that is unsuccessful can apply for a review in the NSW Civil & Administrative Tribunal (NCAT). Regrettably, this process can take up 12 months to be resolved and can cost the licensee thousands of dollars in legal fees if they choose to retain a Lawyer to represent them. Even following this process, the NCAT may still uphold the Firearms Registry's decision and affirm the revocation or special condition. A licensee can then apply to the NCAT Appeal Panel on points of law and ask for the appeal to be extended to the merits of the case. However, if there is no error of law by the NCAT in making its decision, an appeal cannot simply be made on the merits. If an appeal was available but was unsuccessful, relief may lie to the Court of Appeal in the NSW Supreme Court, but only on points of law. However, Supreme Court proceedings can cost anywhere up to $100,000.00 and if unsuccessful a Costs Order can be made against the appellant to pay the Firearm Registry's legal fees as well as their own. I strongly advise any reader who is served with an application for an ADVO or APVO not to agree to the application at court until they have had the opportunity of obtaining legal advice. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au