Message from the Chief Commissioner

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Intervention Orders and Firearms

Release date: Mon 15 January 2018

Last updated: Mon 15 January 2018

Information on this page has been developed by the Licensing and Regulation Division to assist people understand the implications for firearms ownership and use if they become respondents in intervention orders. It relates to intervention orders issued under the Family Violence Protection Act 2008 or the Personal Safety Intervention Order Act 2010 in Victoria and equivalent orders issued in any other State or Territory.

Advice on this page is general in nature and may be of assistance to you, however, the Licensing and Regulation Division does not guarantee that the information here is wholly appropriate to your circumstances.

Anyone needing specific legal advice should consult the Firearms Act or seek independent legal advice.

  1. Interim intervention orders
  2. Final intervention orders
  3. Revoked or expired orders
  4. Firearm Conditions
  5. Interstate Orders

1. Interim intervention orders

A respondent in an interim intervention order is not considered a prohibited person, however, if the order contains conditions relating to firearms they must be strictly observed.

Even though as a respondent in an interim order you are not considered a prohibited person, your firearms licence may be suspended or cancelled.

Interim intervention orders remain in place order to until they expire or a determination on a final order is made.

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2. Final intervention orders

A respondent in a final intervention order is considered a prohibited person for the duration of the order and for five years after the expiry of the order.

A prohibited person cannot be issued a firearms licence, allowed to retain a firearms licence or possess, use or carry a firearm.

Respondents in final intervention orders that do not contain conditions cancelling firearms licences, permits or authorities are eligible to make an application to be deemed non-prohibited under section 189 of the Firearms Act 1996 (the Firearms Act).

Respondents in final intervention orders that do contain conditions cancelling firearms licences, permits or authorities are ineligible to make an application to be deemed non-prohibited unless the order is first varied to remove the firearms conditions.

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3. Revoked or expired orders

If you are the respondent in a final intervention order that is revoked or expires, you remain prohibited for five years from the date the order was revoked or expired. For example if your order was revoked or expired on 1 December 2015, you will remain a prohibited person until 1 December 2020.

So long as your intervention order did not contain firearms conditions, you can make an application under section 189 at any time during your prohibited period.

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4. Firearm Conditions

Intervention orders, both final and interim, can be issued with firearms conditions. These conditions can include things like the suspension of a firearms licence or the surrender of firearms for the duration of the order.

Firearms conditions must be strictly observed. Application to vary or remove these conditions can only be made at the Court that issued the intervention order and can be opposed by police or affected family members.

Respondents in final intervention orders are not eligible to make a section 189 application to be deemed non-prohibited if their intervention order contains contain conditions cancelling firearms licences, permits or authorities. People in this situation who want to make an application to be deemed non-prohibited would first need to make an application to vary the intervention order to remove the firearms condition before proceeding to lodge a section 189 application.

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5. Interstate Orders

Under the National Domestic Violence Order Scheme Act 2016 domestic violence orders (DVOs) or intervention orders (IVOs) issued in states or territories other than Victoria are considered the same as orders issued in Victoria. If you are subject to an interstate DVO or IVO you may be considered a prohibited person under the Firearms Act and be ineligible to be issued with a Victorian firearms licence or possess, use or carry firearms in Victoria.

If you are a prohibited person as a result of being subject to an interstate intervention order, you should seek independent legal advice as to the avenues open to you.

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