Ministerial Direction - Mandatory reporting to the Queensland Police Service where a person is unsuitable to possess a Firearm

QH-MD-003

Authority

In accordance with s 44(1) of the Hospital and Health Boards Act 2011 (Qld), I am satisfied it is necessary in the public interest that I give this written direction to the Hospital and Health Services.

Commencement

This direction operates on and from the date the Fighting Antisemitism and Keeping Guns Out of the Hands of Terrorists and Criminals Amendment Bill 2026 receives assent.

Purpose

In the delivery of clinical treatment and care, a QH Professional Carer may consider that a person is at higher risk of committing violence with a Firearm due to the person’s physical or mental health or because they are a danger to themselves or others which would impact on the suitability of the person to possess a Firearm.

This direction requires Hospital and Health Services to implement a process for mandatory notification to the Commissioner, Queensland Police Service (QPS Commissioner) by QH Professional Carers where a QH Professional Carer forms the opinion that a person is unsuitable to possess a Firearm.

Scope

This direction applies to all Hospital and Health Services.

Outcome

This direction will make it mandatory for QH Professional Carers to notify the QPS Commissioner where they have formed an opinion that a person is unsuitable to possess a Firearm under section 151 of the Weapons Act 1990 (Qld) (Weapons Act).

Mandatory requirements

All Hospital and Health Services must:

  • Implement a process which requires that QH Professional Carers must inform the QPS Commissioner and provide the QPS Commissioner with any relevant information about a person, including the person’s identity, where the QH Professional Carer is of the opinion that a person is an unsuitable person to possess a Firearm for either of the following reasons under section 151 of the Weapons Act:
  • because of the person’s mental or physical condition;
  • because the person may be a danger to himself, herself or someone else.
  • The process must provide that a QH Professional Carer is not required to notify the QPS Commissioner where the QH Professional Carer knows, or reasonably believes, that the QPS Commissioner has already received a notification from another Professional Carer about the person.

Protections for QH Professional Carers

The following protections apply to QH Professional Carers under section 151 of the Weapons Act:

  • the giving of an opinion by a QH Professional Carer does not give rise to any criminal or civil action or remedy against the QH Professional Carer (section 151(2));
  • the authority to give an opinion or information to the QPS Commissioner applies despite any duty of confidentiality owed by the QH Professional Carer to the person (section 151(3)).

Definitions of terms used in this direction

Term

Definition / Explanation / Details

Firearm

As defined in Schedule 2 of the Weapons Act 1990 (Qld)

Hospital and Health Service

As established under section 17 of the Hospital and Health Boards Act 2011 (Qld)

Possess / Possession

As defined in Schedule 2 of the Weapons Act 1990 (Qld)

Professional Carer

As defined in section 151 of the Weapons Act 1990 (Qld)

Professional Counsellor

As defined in section 160 of the Weapons Regulation 2016 (Qld) for section 151(4) of the Weapons Act 1990 (Qld)

QH Professional Carer

A person who is engaged in delivering a public sector health service who is:

(a)  registered under the Health Practitioner Regulation National Law to:

(i)  practise in the medical profession, other than as a student;

(ii) practise in the psychology profession, other than as a student; or

(iii) practise in the nursing profession, other than as a student; or

(b) a Social Worker or a Professional Counsellor.

Social Worker

As defined in section 160 of the Weapons Regulation 2016 (Qld) for section 151(4) of the Weapons Act 1990 (Qld)

Given by the Honourable Tim Nicholls MP, Minister for Health and Ambulance Services, Member for Clayfield

Date: 5 March 2026

Last updated: 1 May 2026