Ballarat man's death highlights mental illness gun woes

Under the current system, applicants with a psychiatric history must self-report.

In a Coroner's Court response that summarises findings and responses, the rejection of the Department of Justice comes after the death of "Mr HP" - a Ballarat man who took his own life in May 2019 - along with the life of his sick dog.

The coroner's findings showed the 50-year-old had suffered a long battle with alcohol and was dealing with an eviction notice, as well as the decline of his beloved mother and dog.

On the night of his death he also fled a hit-run accident, was apprehended - and blew three times the legal blood-alcohol limit.

The coroner recommend that the secretary of Department of Justice and Community Safety consider the issues raised in the finding and suggested amending the Firearms Act 1996 to require all firearm licence applicants to provide a medical report from a current treating medical practitioner.

The coroner called for all firearm licence applicants to provide a medical report from their current doctor, setting out their medical history.

It was also recommended that medical practitioners set out factors relevant to patients' fitness and suitability to hold a firearms licence.

But the department maintained the risks were already covered by the 2017 National Firearms Agreement which sets out grounds for licence refusal or cancellation and seizure of firearms, including a commitment to consider evidence of any mental condition that might make an applicant unsuitable to own firearms.

"The National Firearms Agreement requires a balance to be struck between the rights of the individual to privacy and fair treatment and the responsibility of authorities-on behalf of the community-to prevent danger to the individual and the wider community," department secretary Rebecca Falkingham said in her response.

It also noted that medical practitioners were able to report people they considered unfit to have firearms to the police at any time with immunity from liability.

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The Ballarat man who was the subject of the coroner's investigation was diagnosed with depression in 2010 - and prescribed Duloxetine by a psychiatrist, which he took until his death.

The Coroner also found HP had no psycho-social support - but did have access to at least three firearms, all in his name.

It was also established in the case of HP none of his medical practitioners knew he had firearms or a licence.

In the coroners' findings last year it established of 306 firearm suicides in Victoria between 2009 and 2017, 125 people (or 41 percent) held a Victorian firearm licence and with a further 35 percent the firearm status was unknown. However of the 125 suicide victims who held a firearm licence, 37 percent had been previously diagnosed with one or more mental disorders.

The Coroner's finding was handed down in May 2022, and the department then responded, effectively saying current laws were adequate and it would change nothing.

"In all Australian jurisdictions an applicant for a firearms licence must disclose a medical condition relevant to that application and may then be required to provide a medical report," Ms Falkingham said.

"Victoria follows this nationally-consistent approach.

"A medical report is not required for all applications, and such a requirement would not address the elevated risk of self-harm which may arise in the period following a significant adverse life event, noting that firearms licences are valid for up to three or five years depending upon the licence category.

"The refreshed 2017 National Firearms Agreement sets out grounds for licence refusal or cancellation and seizure of firearms, and this includes a commitment to consider reliable evidence of any mental or physical condition which would render an applicant for a firearms licence unsuitable to own, possess or use a firearm."

She said the current licensing system "does not require an applicant to 'prove' they are a fit and proper person to hold a licence".

Ms Falkingham said Victorian applications instead required a medical report to be supplied if an applicant identified they had a condition.

She said under the Act, it was an offence to make false or misleading statements in a firearms licence application.

The maximum penalty was a $44,380 fine or four years jail.

She said the Chief Commissioner of Police also had the power to cancel a licence - especially if the holder supplied false information.

The rejected response was published in the Coroners Court of Victoria Recommendations Report September 2021-December 2022 which was released this week.

If you or someone you know is in need of crisis support, phone Lifeline 13 11 14. Help is also available, but not limited, via the following organisations. The key message is you are not alone.

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