Policy Brief: Gun Violence in the state of Victoria, Australia
Policy Brief: Gun Violence in the state of Victoria, Australia
Report To: Anthony Carbines, Minister for Police, Victoria
Authored By (YOUR NAME), Policy Advisor
EXECUTIVE SUMMARY:
The issue of gun violence is a developing problem in the State of Victoria, Australia. Illicit firearm dealing and corruption of police officers are contributing significantly to the gun violence problem. The Firearms Act of 1996 has a loophole that criminals use to possess firearms illegally. It leaves a loophole because it does not mandate people to have a firearm license before owning guns. Sometimes, firearm manufacturer engages in illicit firearm dealing to save their business and make a profit.
ISSUE BACKGROUND
The issue of gun violence in Victoria, Australia, has been and remains a social and security problem over the past two decades. According to the Australian Bureau of Statistics, gun violence is one of Australia's leading causes of death. Statistics show that the firearm-related death rate in Australia has been at its highest level over the years. Australian Bureau of Statistics indicates that gun-related deaths in Australia are at the rate of 0.92 percent per 100,000 population (Australian Bureau of Statistics, 2022). The bureau shows that the rate has been growing over the past five years, raising security concerns among Australians. In 2017, Australia's firearm-related death rate was 0.79 percent per 100,000. The rate has increased from 0.79 in 2017 to 0.92 in 2022.
According to Australian National Character Check, the State of Victoria has significantly increased its possession and use of illegal firearms. The Australian Criminal Intelligence Commission estimates the Australian gum market to have approximately 260,000 illicit firearms (Australian Bureau of Statistics, 2022). The market is loaded with illegal firms because of the operation of licensed and villain firearm dealers. The Firearms Act of 1996 charges state and territory police responsible for controlling illicit firearm dealing. The state and territory governments in Australia must manage firearms, including possession, use, registration, licensing, and storage.
The Victorian Police Ministry has made a significant step in firearms control by establishing a unit to investigate and prosecute dealers and users of illegal guns. However, the issues of firearms control remain a hot topic among residents of Victoria. Australian citizens in the State of Victoria have been living in fear because of gun-related violence, especially in Melbourne. Besides, firearm-related violence threatens people's most fundamental human right, the right to life. The Victoria Licensing and Regulation Division is responsible for licensing and regulating firms in the firearms industry. However, the responsibility of registering and managing firearms falls under Victoria Police.
According to Boaz (2022), it is easier for criminals and terrorists to purchase illegal guns in Australia than ever. Criminal behavior supported by access to firearms is a norm in Australia. Boaz argues that one can get a weapon within half an hour in Australia. Pearson (2020) argues that more than 14 criminals in the State of Victoria are found in possession of firearms every week as gun culture continues to rise in Victoria. The increasing control of illegal firms caused gun-related deaths to double in 2020 from 2019. In 2019, 14 people were killed, and 52 were fatally injured in gun-related disputes in Victoria. The number doubled in 2020, with many cases of public shootings soaring in the northern part of Melbourne city.
The increasing possession and dealing of illegal firearms continue to soar because the police department has loosened strings in controlling and managing illegal firearms that cause growing gun violence. Police officers must understand their responsibility to control and manage illicit firearms in Victoria. They must realize that they must investigate and arrest dealers and users of illegal firearms for reducing gun violence. Victoria Police believe that most of the Melbourne shootings experienced recently are related to illicit firearms. Corruption is another factor contributing to gun violence, especially in the judicial and police system. The consequence of gun violence is an increasing number of firearm-related death and dealing of illegal firearms as people seek weapons to protect themselves.
POLICY CONTEXT
The Firearms Act of 1996 is Australia's primary legislation governing gun control. Legislation and regulation of firearms offenses are made according to the Firearms Act 1996. The Act requires people wishing to own guns to have a license and permit to acquire firearms. Also, the Act requires guns to be registered by respective state and territory police departments or ministries. The Act charges state and territory governments with the responsibility of licensing and managing the usage and possession of firearms. State and territory police are responsible for managing and controlling illegal guns. Victoria Police is responsible for investigating, arresting, and delivering criminals with illicit firearms to the judicial system for prosecution.
Section 124 of the Firearms Act 1996 provides that possession of cartridge ammunition is punishable by law. Section 58A of the same Act excludes section 124 by granting people the authority to possess licensed firearms without contravening the law. Another legislation that underpins the issues of gun violence is the Dangerous Goods Act of 1985. The Act prohibits the use and sale of explosives. A loophole of the Firearms Act 1996 is that the Act does not mandate people have a firearm license before possessing guns. Criminal Organizations Control Act 2012 is another legislation that prohibits the possession of firms by private individuals and firms without permission and registration.
Control of Weapons and Firearms Acts Amendment Act 2012 prohibits possession of firearm imitation. The law requires people to seek approval for possession of firearm imitation. The Act defines imitation firearms as any device that could reasonably be a mistake as a functional firearm. Recent legislation that regulates the possession of firearms, guns, and ammunition on premises is the Firearms Amendment (Trafficking and Other Measures) Act 2015. The Act provides that anyone with firearms in their vehicles, land, and home will be deemed to be possessing firearms. Also, illegal manufacturing of firearms is punishable by law under this Act. Section 121 of the Firearms Act 1996 states that failing to store firearms properly is punishable by law and can lead to 12 months of imprisonment.
Section 74AA of the Crimes Act 1958 provides a sentence of 15 years imprisonment for theft of a firearm. Individuals subject to Personal Safety Intervention Order Act 2010 and Family Violence Protection Act 2008, cannot possess firearms for not less than five years after the expiry of their intervention order. A recent policy revolving around the use and possession of firearms is the National Firearms Amnesty of 2021. The bill allows state and territory governments in Australia to develop task forces to control illegal guns. Control of Weapons Act 1990 prohibits possessing, using, and carrying prohibited firearms and weapons. Critical regulations proposed under this Act include the Control of Weapons Regulation 2021 and Control of Weapons Regulation 2011.
STAKEHOLDERS
The primary stakeholders of gun violence issues include the general public, firearms manufacturers, the judicial system, dealers of firearms, and diplomats. The general public includes permanent residents and visitors of Victoria. They have a stake in gun control issues because it threatens their most fundamental human right, the right to life. Private individuals understand that gun violence does not discriminate (Jager-Hyman et al., 2019). It causes fear and anxiety among the wealthy, poor, disabled, black, white, Christians, pagans, and Muslims. The public understands that it needs to work with federal, state, and territory governments, judicial systems, businesses, civic organizations, and social and health service agencies to end the problem of gun violence. The general public is unhappy with the current increase in gun violence in Victoria.
Firearm manufacturers have a stake in gun control operations to control gun violence. Federal, state, and territory governments in Australia have put in place many laws, policies, and regulations to control sell, possession, licensing, and use of guns. Firearm manufacturers depend on firearm sales for the profitability and sustainability of their businesses (Jager-Hyman et al., 2019). Government initiatives to prevent public members from buying and owning guns and other weapons shrink the market for firearms, affecting firearm manufacturers. Firearm manufacturers are not happy with many regulations put by federal, state, and territory governments to control gun violence. They need these governments to remove some of the rules to benefit their business. Some firearm manufacturers are forced to engage in illicit firearm dealing by offloading stock and generating revenue to cover business expenses.
The judicial system has a stake in gun control because gun violence increases the number of firearms-related criminal cases. Gun violence overburdens the judicial system. The judicial system is not happy with the burden gun violence is placing on it, which is why it is open to working with the police to reduce illegal firearm dealing (Jager-Hyman et al., 2019). The court system aims to hold those responsible for illicit firearm dealing, including manufacturers, accountable.
References
Australian Bureau of Statistics, 2022. Criminal Courts, Australia, 2020-21 financial year. Australian Bureau of Statistics. Available at: <https://www.abs.gov.au/statistics/people/crime-and-justice/criminal-courts-australia/latest-release>.
Boaz, J., 2022. As Melbourne and Sydney reel from inner-city shootings, researchers look to trace where the guns are coming from. Abc.net.au. Available at: <https://www.abc.net.au/news/2022-09-04/illegal-firearms-shooting-police-gun-crime/101306628>.
Control of Weapons Act 1990 (Vic).
Control of Weapons and Firearms Acts Amendment Act, 2012 (Vic).
Control of Weapons Regulation 2011 (Vic).
Control of Weapons Regulation 2021 (Vic).
Criminal Organizations Control Act 2012 (Vic).
Dangerous Goods Act (1985) (Vic).
Family Violence Protection Act 2008 (Vic).
Firearms Act 1996 (Vic).
Firearms Amendment (Trafficking and Other Measures) Act 2015 (Vic).
Firearms Amendment (Trafficking and Other Measures) Act 2015 (Vic).
Jager-Hyman, S., Benjamin Wolk, C., Ahmedani, B.K., Zeber, J.E., Fein, J.A., Brown, G.K., Byeon, Y.V., Listerud, H., Gregor, C.A., Lieberman, A. and Beidas, R.S., 2019. Perspectives from firearm stakeholders on firearm safety promotion in pediatric primary care as a suicide prevention strategy: a qualitative study. Journal of behavioral medicine, 42(4), pp.691-701.
National Firearms Amnesty of 2021 (Vic).
Pearson, E., 2020. Gun violence grips Melbourne as deadly shootings soar. Theage.com.au. Available at: <https://www.theage.com.au/national/victoria/gun-violence-grips-melbourne-20200212-p5402v.html>.
Personal Safety Intervention Orders Act 2010 (Vic).
Section 74AA of the Crimes Act 1958 (Vic).
Cabinet Submission
Title [Full title of Submission]
Minister [Ministers name]
[Title of Ministerial portfolio relating to this Submission]
Priority A / B / C [Include critical date and reason, if applicable]
Financial impact Yes / No
Legislative change Yes / No
Regulatory impact Increased / Decreased / Not quantified / No impact
Submission type Election commitment / Significant new policy / Legislative review or amendment / Government position or response to an inquiry
Contacts [Your Name], Policy AdvisorOffice of [your Minister]
Recommendation(s)
It is recommended that Cabinet Approve the following recommendations:
Purpose of the Submission
Provide a succinct summary of the purpose of your submission
Issue Background
Proposal
[Use a bullet point OR sub-paragraph as appropriate]
Strategic merit
Will the proposal contribute to a stated Government Policy? Yes / No
If Yes, please specify which priority and how it contributes.
Will the proposal help to deliver on another Government objective, election commitment or statutory requirement? Yes / No
If Yes, please specify how.
Consultation
External stakeholders
Government agencies
Treasury explain why
AFP & Dept. of Justice explain why
Risks and mitigation
Financial impact on government resources
Is the financial impact of the proposal on government resources likely to be: High; Medium or Low? High; Medium; or Low
Are new revenue-raising measures part of the proposal? Yes / No
If yes, list them:
Are cost-cutting measures part of the proposal? Yes / No
If yes, list them:
Does the proposal require ongoing funding? Yes / No
If yes, explain:
Other impacts
Impact on [either regional & rural communities or human rights]
Regulatory impact
There will be no regulatory impact
Attachments
A Title
Length: 2500 words
Task:Your Minister now wants to propose reform tackling the issue you briefed them on Ministerial Brief Assignment #1. Write up a CABINENT SUBSMISSION outlining and justifying significant policy change.
Effort should be made to ensure your proposal sounds necessary, feasible, proportionate in terms of resourcing, and not wildly out of alignment with the political attitudes and policy priorities of the government you are briefing (you will need to study your audience a bit).
You must use thecabinet submission templateATTACHED
Audience & Style:As per the Policy Brief, this submission should be formal re: language and jargon.This time your audience is the whole cabinet(address it to Cabinet), so take care to explain the issue for people unfamiliar with the issue. Indeed, assume that at least some of your audience would rather not hand over resources and attention to your portfolio consider it a slightly tough, resistant crowd. Understanding the ideological and political motivations of your audience will also be important but refrain from being too overt in mentioningpoliticsin your submission. Instead,implythe political utility of your proposal.
Referencing and format:Harvard referencing
Assessment:Cabinet Submissions will be graded on their use of evidence, the quality of writing, how well your solution connects up with your problem, and the political and practical plausibility of your chosen solution. See the rubric below.
