Professional Documents
Culture Documents
18 February 2016
vexatious litigation against firearm owners through the NSW Civil and Administrative
Tribunal (NCAT),
denial of natural justice by reversing the onus of proof and presumption of innocence,
abuse of power and unjustified revocation of licences for spurious reasons, and
imposing additional arbitrary hurdles for 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, are
being 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 and
emotionally crippled.
The Firearms Registry, on the other hand, has the virtually unlimited financial resources of the State and
retains the services of commercial lawyers to represent the Commissioner at NCAT. This is simply wrong
and unfair. Mr Borsak said.
Under this proposal the Firearms Ombudsman would be given powers under the NSW Firearms Act to
make decisions that are final and binding on the Firearms Registry.
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