Supreme Court orders Government to reconsider refusal of Right to Information over gun control changes

The secrecy surrounding the Liberal Party’s proposed gun-law changes was wrong a court has found.

PREMIER Will Hodgman was wrong to refuse to release advice he said he received about the Liberals’ proposed changes to gun laws in Tasmania, a Supreme Court judge has found.

In two media interviews in March last year, Mr Hodgman said his party’s proposed gun law changes would not breach the National Firearms Agreement, based on advice he received from the Police Minister.

Gun Control Australia applied under Right to Information laws for the advice to be disclosed. Its application was refused and Gun Control Australia took the matter to the Supreme Court.

Premier Will Hodgman. Picture: RICHARD JUPE

Justice Michael Brett, in his decision handed down in Hobart today, ordered the Right to Information refusal be set aside and it be reconsidered “in accordance with law”.

“At the most basic level of the argument, because the Premier referred to this advice in partial justification of the Government’s position, it is impossible for the public to assess that question and legitimately oppose or support the Government’s position in debate without being privy to that advice,” Justice Brett said.

On the eve of the state election in March it was revealed that the Liberals had plans to double the duration of some gun licences and make weapons such as pump-action shotguns more readily available. The party later backed away from the changes.

Mr Hodgman has not ruled out changes after the completion of a Parliamentary inquiry but said nothing would be done to undermine the National Firearms Agreement.