Kirton v Queensland Police Service Weapons Licencing Branch

Kirton v Queensland Police Service Weapons Licencing Branch is a decision of the Queensland Civil and Administrative Tribunal (QCAT). The case involved an application by Mr Kirton to review a decision by the Weapons Licencing Branch of the Queensland Police Service to suspend his firearms licence. The Weapons Licencing Branch had issued a suspension notice following the police investigation of a breach of the Criminal Code by Mr Kirton, which resulted in criminal charges being laid. The Tribunal was required to consider whether the Weapons Licencing Branch had the power to suspend Mr Kirton’s firearms licence and whether the decision to suspend the licence was lawful.

The key legal issues before the Tribunal were whether the Weapons Licencing Branch had the power to suspend Mr Kirton’s firearms licence pursuant to section 14A of the Weapons Act 1990 (Qld), and if so, whether the decision to suspend the licence was lawful. The Tribunal considered whether the suspension of the licence was appropriate in the circumstances, having regard to the seriousness of the breach of other laws and the principle of proportionality. The Tribunal also considered whether the Weapons Licencing Branch had complied with the procedural requirements of the Weapons Act in issuing the suspension notice.

The Tribunal found that the Weapons Licencing Branch had the power to suspend Mr Kirton’s firearms licence under section 14A of the Weapons Act. The Tribunal held that the principle of proportionality required consideration of the seriousness of the breach of other laws, as well as the need to protect the public and maintain community confidence in the licencing regime. The Tribunal considered that the breach of other laws was serious and warranted suspension of the licence. The Tribunal also found that the Weapons Licencing Branch had complied with the procedural requirements of the Weapons Act in issuing the suspension notice. The application for review was dismissed.

The Tribunal dismissed the application for review, upholding the decision of the Weapons Licencing Branch to suspend Mr Kirton’s firearms licence.