A law-abiding firearms owner who contests a confiscation over a minor matter must spend at least $20,000 to appeal to the NSW Supreme Court, according to Member for Barwon Roy Butler.
Mr Butler introduced the Firearms Amendment (Administrative Reviews by NCAT) Bill 2026 into NSW Parliament on Thursday, 15 October, to stop that.
The bill would allow firearms appeals to be heard in the NSW Civil and Administrative Tribunal (NCAT), as was the case before the NSW Government’s firearms reforms.
“Due process is a foundation of our society, extended to everyone including those charged with the most heinous crimes,” said Member for Barwon Roy Butler.
“Under the NSW government’s rushed reforms, licensed owners who’ve had their firearms removed are forced to go to the NSW Supreme Court to appeal the decision.”
“Hiring lawyers for a Supreme Court case costs a minimum of $20,000, making a court appeal impossible for most people. Whereas NCAT is faster and affordable.”
“Many firearms license refusals are based on minor technical breaches, with around a third overturned by NCAT in recent years,” Mr Butler said.
“Just these successful appeals alone would have cost innocent people nearly $9 million if they’d been forced to go to the Supreme Court.”
Mr Butler compared the position of firearms owners with that of a man charged over the Bondi terror attack.
“Naveed Akram will have the opportunity to defend himself in court against charges of carrying out the Bondi terror attack regardless of his financial circumstances,” he said.
“But farmers, pest controllers, hunters and sports shooters defending minor matters are forced to find money they may not have if they want the same opportunity.”
The NSW Government justified sending appeals to the NSW Supreme Court by claiming that NCAT was not able to handle confidential intelligence from security agencies.
“Maintaining confidentiality over intelligence briefs is written into both firearms and NCAT legislation,” Mr Butler said.
“This confidential pathway has been used by police in one-quarter of the firearms appeals cases over the last fifteen years with no issues.”
Mr Butler said the bill would not change the firearms caps or the buyback.
“This Bill simply restores due process to firearms appeals,” he said.
“It doesn’t do anything to overturn firearms caps or the buyback, much as I wish we could do that too.”
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