Second round of FLA court battle set for September

Afterthe Supreme Court on Friday turned down the first of two applications by the Firearm Licensing Authority (FLA) relating to the investigative report of the Integrity Commission (IC) into allegations of corruption in its operations, the entity says it will be appealing that decision while continuing with the second round of legal submissions come September.

The FLA, in applying for leave for judicial review of the IC’s investigative processes had made an initial application seeking to have the court release the full report which concerns alleged corruption, impropriety, and irregularities in the storage of firearms and ammunition and the award of firearm licences at the authority.

However, Supreme Court judge, Justice Tara Carr on Friday, after hearing legal arguments by the FLA urging the release of the document said the court determined that the report remains confidential under the provisions of the Integrity Commission Act until it is formally tabled in Parliament.

Justice Carr, in turning down that application, said the court already had sufficient information to determine the issues arising and that disclosure of the report was therefore unnecessary at this point in the proceedings.

She said the court was of the opinion that the FLA was already aware of the nature of the investigation, the decision-makers involved and the grounds upon which it intended to challenge the process, including allegations of procedural unfairness and illegality.

In rejecting arguments by the FLA’s attorneys that the report fell outside the confidentiality provisions of the Integrity Commission Act, Justice Carr said the reports prepared pursuant to section 54 of the Act remain subject to the confidentiality requirements imposed by section 53(3) until they are tabled in Parliament.

Justice Carr, in refusing the application for disclosure, pointed out that the legislation expressly criminalises unauthorised disclosure of confidential investigative material stating that it would be inappropriate for the court to order disclosure in circumstances where Parliament had prescribed a clear statutory process governing confidentiality and tabling. She however granted the FLA leave to appeal her ruling.

In the meantime, the, the FLA’s legal team will proceed with the substantive application for leave to apply for judicial review of the IC’s investigative processes on September 17, 2026.