Review of police use of the firearms prohibition order search powers - August 2016

In 2016, the Ombudsman completed a review of the operation of new search powers, which enable police to search a person subject to a firearms prohibition order (FPO) whenever reasonably required. Our report found that there were approximately 1,500 interactions where police used the powers to conduct searches. In those interactions police conducted over 2,500 separate searches. Police found firearms, ammunition and firearm parts in 2% of the interactions. In the two years, they seized 35 firearms, 26 lots of ammunition and 9 firearm parts. In total, 400 people subject to an FPO were searched. We also found that police searched over 200 people who were not subject to an order. Police conducted these searches on what appears to be an erroneous application of the FPO search powers and the searches may have been unlawful. Our report also found a lack of clarity in police understanding of the circumstances in which they are authorised to search an FPO subject. The law permits an FPO search only when ‘reasonably required’ to determine if an FPO offence has been committed. It is not a roving search power to be used randomly on FPO subjects. Our report recommends changes to legislation and internal procedures and practices that guide the way police use the FPO search powers. Other measures are also proposed to ensure that police use FPO search powers fairly and reasonably, including that FPOs should automatically expire after five years.