Firearms and reporting obligations

Dr Jones is asked to carry out an assessment of Peter during which Peter provides a history that he had recently broken up with his wife, that they were going through an acrimonious divorce and custody battle and that his wife had threatened to take out a restraining order against him.  Dr Jones had no idea that Peter held a firearms licence and is unsure about what he should disclose and whether he has any reporting obligations.
 

The health practitioner’s role

There are legal and ethical requirements on health professionals to disclose health information concerning a patient’s fitness to possess a firearm.  Statutory protections are afforded to prevent any civil or criminal liability in relation to such disclosure. 
 
In all Australian jurisdictions, individuals applying for or renewing a firearms licence must disclose their medical history and an application or renewal of a firearms licence may be denied, suspended or cancelled if there is evidence of mental or physical conditions rendering the person unsuitable to possess, own or use a firearm.
 
Apart from where there is a situation of risk involved, the onus is on the individual applying for the firearm licence (rather than the treating health practitioner) to disclose relevant physical or mental health conditions.
 
As part of the application and/or renewal process the applicant/licence holder may be asked to obtain a medical report from their treating practitioner outlining their suitability to hold a firearm licence, as described in the scenario above. This requires careful consideration on the practitioner’s part to assess the medical history obtained from the patient and provide information as to any physical and/or mental health condition which could impact upon a patient’s fitness to hold a firearm.  The type of information sought by the firearms registrar might include the length of the therapeutic relationship and frequency of visits, nature of any illness/condition/disability, long term prognosis, ability to safely operate a firearm, details of medication and any issues with self-medication.

In all States and Territories (except South Australia, Northern Territory and Tasmania where there are mandatory reporting requirements - refer to the table below) a health professional should notify the State or territory Commissioner of Police if a patient has made threats to harm themselves or others and who the practitioner believes to be a risk to themselves or the public if they possess a firearm.
 
A ‘health professional’ is commonly defined to include a medical practitioner, nurse, psychologist, professional counsellor or social worker.
 
As outlined in the table below, there is legislative protection in all jurisdictions from any criminal and civil liability that may arise when a health professional breaches a patient’s privacy by disclosing information in good faith to the police.
 

Is my patient fit to possess a firearm?

In determining if a patient is unsuitable to possess a firearm and whether a notification should be made, health professionals should consider a range of issues including any history of attempted suicide, aggression and/or violence, and the person’s history of weapon ownership and reasons for obtaining a weapon. Any final decision on whether to notify police should be guided by professional judgement and ethics.  If there is an imminent risk to the safety of any person, the health professional should contact the emergency police number (000).
 
In the scenario described above, Dr Jones will need to explain to Peter that he has an obligation to disclose Peter’s mental health history and circumstances giving rise to it, views on prognosis and current medication as it may impact on his fitness to hold a firearm. As the firearms registrar has already suspended Peter’s firearms licence, Dr Jones does not need to make a notification to the police unless he believes there is an imminent risk to the safety of another.
 
If you are unsure about your disclosure obligations, please contact our Claims and Legal Services Department for further advice. 

Belinda Cullinan
Solicitor – Claims & Legal Services
 

Jurisdiction	Reporting obligations/statutory protection
New South Wales (s 79 Firearms Act 1996)	A health professional may inform Commissioner if a person in possession of a firearm poses a threat to public or themselves Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith Further information is available from the NSW Police Force.
South Australia (s 96 Firearms Regulations 2017)	A health professional must inform Commissioner if: The person has a physical or mental illness, condition or disorder; or If circumstances exist which pose a threat to safety of the person or another person A report must be made as soon as practicable after the suspicion is formed; and must include: The name and address of the person the subject of the suspicion; and The suspected threat to safety and circumstances giving rise to the threat (including the nature of any physical or mental illness, condition or disorder contributing to the threat) Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith Further information is available from SA Police.
Western Australia (s 23B Firearms Act)	A health professional may inform Commissioner if person’s physical, mental or emotional condition means possession of a firearms is not in their own interest or that of the public Disclosure can also occur where a person seeks medical assistance associated with an injury where a firearm is believed to have been involved Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith.
Queensland (s 151 Weapons Act)	A ‘professional carer’ may inform the Commissioner that a person is unsuitable to possess a firearm because of the person’s mental or physical condition or because the person is a danger to themselves or another person Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith Further information is available from Queensland Police.
Victoria (s183 Firearms Act 1996)	A registered health professional may inform Commissioner if person holds or intends to possess a firearm and practitioner holds a reasonable belief the person is not a fit and proper person to possess, carry or use a firearm Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith Further information is available from Health Vic.
Northern Territory (s101 Firearms Act 2017 )	A health professional must inform Commissioner of reasonable belief that a person is not fit and proper to possess a firearm Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith.
ACT (s 261 Firearms Act 1996)	A health professional may inform Commissioner if a person who has access to a firearm poses a threat to their own safety or that of the public Protection from civil or criminal liability for breach of confidentiality if disclosure is made in good faith.
Tasmania (s 158A Firearms Act 1996 and s 148 Firearms Act)	s 158 Firearms Act 1996: Medical practitioner must report to the police a reasonable belief that a patient has suffered a wound inflicted by a firearm (name, address, description of person, details of wound and circumstances leading to infliction of the wound) Medical practitioner must take reasonable steps to retain ammunition from wound until collected by police Medical practitioner incurs no civil or criminal liability in taking the above steps in good faith. s 148 Firearms Act: A health professional must inform the Commissioner in writing of reasonable belief that a patient is unfit to possess a firearm because of a mental or physical condition or because of a threat to public safety Protection from civil and criminal liability for breach of confidentiality made in good faith.

Article Updated: April 2021