7/24/2019 Shooters and Fishers Party to Establish Firearms Ombudsman

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For immediate release18 February 2016

Shooters and Fishers Party to Establish Firearms Ombudsman

Shooters and Fishers Party MLC Robert Borsak announced that at the resumption of the Legislative

Council next week he will introduce a notice of motion for a Bill creating a Firearms Ombudsman for NewSouth Wales. This will be a part of the review of the NSW Firearms Regulation 2006 to be conducted laterthis year.

A Firearms Ombudsman for NSW will go a long way to fixing the current system which obviously isntworking as it should. Ill also be calling on my Shooters and Fishers Party counterparts in other States andTerritories to implement similar measures in their own jurisdictions.

Mr Borsak said hes made representations to the NSW Deputy Premier and Minister for Justice and Police,Troy Grant, outlining his proposal and highlighting examples of the appalling treatment of firearms owners

by the NSW Firearms Registry.

Ive discussed with Minister Grant the large number of complaints I have received about the FirearmsRegistry, including cases alleging:

vexatious litigationagainst firearm owners through the NSW Civil and AdministrativeTribunal (NCAT),

denial of natural justiceby reversing the onus of proof and presumption of innocence, abuse of powerand unjustified revocation of licences for spurious reasons, and

imposing additional arbitrary hurdlesfor licence applicants.

The ongoing abuse of power and lack of due process by the NSW Firearms Registry has to be stopped,Mr Borsak said.

Often, firearms owners and licensed dealers with unblemished records, in some cases over 40 years, arebeing targeted by Police and the Registry as criminals.

The Firearms Registry is also not complying with the NSW Governments Model Litigant Policy. This

means, among other things, that the State and its agencies have an obligation to act honestly and fairly

without taking advantage of a person who lacks the resources to fight the Registry decisions in court.

It takes substantial financial resources to pursue a review of a Firearms Registry decision through the

NSW Civil and Administrative Tribunal and this can leave an ordinary firearm owner financially andemotionally crippled.

The Firearms Registry, on the other hand, has the virtually unlimited financial resources of the State andretains the services of commercial lawyers to represent the Commissioner at NCAT. This is simply wrongand unfair. Mr Borsak said.

Under this proposal the Firearms Ombudsman would be given powers under the NSW Firearms Act tomake decisions that are final and binding on the Firearms Registry.

MEDIA CONTACT: Robert Borsak MLC (02) 9230 2573