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