I open open to critique before I finalize and send this off please; To the Minister in charge of Animal welfare and Mr. Robert Delaine CEO of the Department of Agriculture. I bring to your attention the law and guidelines found in the animal welfare act of 2002 WA, and make note that every section listed has been breached in the case of Mrs Marianna May. The community expectations would be that both the Minister and the CEO of DAFWA would uphold not only community values in relation to animal welfare concerns, but also those hard fought legislative reforms brought in to protect both the animals and those who care for them, here are a few reminders; 1. The RSPCA have no powers of prosecution in WA at law. 2. Inspectors awarded powers under the Animal Welfare Act are people “employed” in the general sense of “Using the services of” by DAFWA (austlii.edu.au/au/cases/wa/WAICmr/2014/22.html) 3. Those Inspectors in this capacity MUST follow DAFWA’s policy and procedural guidelines. 4. Inspectors under the Act MUST also have the approval of the solicitor general before they can file a prosecution in any Western Australian court. 5. Animals seized under the Act are held on behalf of the crown, so are therefore under the protection of the minister. 6. Inspectors awarded powers under the Act, MUST prohibit cruelty to, and other inhumane or improper treatment of, animals. 7. The Animal welfare Act 2002 WA is written to reflect the community’s expectation that people who are in charge of animals will ensure that they are properly treated and cared for. 8. The terms of appointment of a general inspector are to be determined by the CEO and set out in the instrument of appointment. (S33(3) 9. An inspector who seizes an animal is to ensure that it is properly treated and cared for (S 42) 10. If a body corporate commits an offence under this Act every person who was an officer of the body or establishment at the time the offence was committed, also commits the offence. (S80) 11. The CEO may take such action as the CEO considers appropriate generally to protect and promote the welfare, safety and health of animals. (S89) • Even though the RSPCA have no right to file any prosecution notices in the Western Australian courts, they have been, even though both the minister and the CEO are aware of these illegal actions. • Inspectors empowered under the Animal welfare Act, do not have the ability to initiate prosecutions without the approval of the solicitor general, but the Minister and the CEO have allowed this to happen • Inspectors empowered under the Act that are employed by the RSPCA, by way of their powers act on behalf of DAFWA, not the RSPCA, therefore MUST follow prosecution and procedural guidelines. • Inspectors acting for the CEO, MUST ensure they protect and promote the welfare, safety and health of animals, and this has not been the case. The Minister is in charge of the Act, the CEO is an arm of the minister, I would like to bring to attention a massive injustice that has resulted by the actions/inactions of the Ceo, Mr. Robert Delaine, and call on the Minister to make amends as is his responsibility to his electorate. There have been several breaches of every aspect of the animal welfare act by Inspectors, the CEO, and the RSPCA in WA. Marianna May worked with local veterinarians to rescue injured, abused and feral animals under the watch of the local government, who are also empowered under the Act without cause for concern. General Inspectors under the animal welfare act, attended Mrs Mays property in or about December 17tn 2012 and seized one Rabbit they believed to be injured, asking Mrs May to make changes to the way animals were kept on her property. The Rabbit which ought to have been returned at law, has not been, even though the return has been questioned by the CEO. Mrs May complied with the Inspectors directions at all times. The Inspectors returned days later under a general warrant, (addressed for the wrong property). The Inspectors did not apply for an urgent warrant, so therefore did not believe the animals were in danger. The Inspectors then seized every animal on site, amounting to 139 animals, including birds, rabbits, cats, ducks and a dog, even though most were in good health and were being provided with food, shelter, water and veterinary support as required under the act, and sick animals were under the treatment of professional veterinarians. The person that signed the warrant and the seizure notices may not have been an inspector appointed under the Act. Under the Act, animals are to be returned unless valid charges are laid within 4 months; no such charges were brought to bear by an inspector with in those time limits. The animals were not returned to their rescuer, who at law was and remains the right full owner. The RSPCA filed charges against Mrs May in the last hour, with no valid right at law to so file a prosecution under WA law. The Inspectors, who seized the animals, handed them over into the care of the RSPCA. The Inspectors were aware that the RSPCA did not provide adequate care for the animals held on behalf of the Crown, the CEO also questioned the killing of animals as the RSPCA shelter mate records did not confirm to provide any reasons at law for their euthanasia. Animals born into captivity and those animals caged for near two years is an offence under the Act, animals killed in the care of the RSPCA have already been questioned by the department, yet no action was taken to ensure the best interests of those that remained, and no charges have been laid against the RSPCA by the departments general inspectors. The CEO became aware of all of these facts in or about March 2013. (The CEO did not intervene, he did not stop the invalid prosecution, he did not demand his inspectors adhered to the law, he did not demand his inspectors ensure the best interests of the animals through adherence to the departments procedural and prosecution guidelines) The Inspectors did not file charges against Mrs May in time, they did not apply for forfeiture in a timely manner and they did not adhere to the department’s policy and procedural guidelines. In or about February 2013 the RSPCA dropped their charges against Mrs May, and new charges were laid by Inspector Swift, who was not the organiser of the initial seizure, these charges were reduced from 139 to 16, and applied only to animals not in perfect health as a result of their rescue, not the actions of Mrs May. Inspector Swift also refused to adhere to the department’s policy and procedural guidelines rendering the second prosecution invalid at law. Inspector swift then filed for forfeiture in or around July 2013, after the state administration tribunal had demanded she did not take such an action in the States Magistrates court. The animals held by the RSPCA were not held in accordance with section 42, and the Inspectors did not protect them as required under the Act Only 42 animals were in any state to be released after charges against Mrs May were dropped and of those up to 20 do not appear by shelter mate records to be animals originally seized from Mrs May, questioning their ability to care for animals on behalf of the Minister. Mrs May has endured direct legal costs of over $200,000. The RSPCA WA has incurred costs of around $1.6 million dollars. The RSPCA have now entered into a private partnership with officers employed by the crown to drop all charges against Mrs May in return for her silence. The Inspector “Chief Inspector Swift” has made it clear in the State Administration Tribunal that she is unable to guarantee the lives of any of the possible illegally seized animals, even though several reputable Perth No Kill shelters have offered to take any remaining animals. The CEO and the minister are responsible for this debacle, the lives of the animals and the damages to Mrs may. The Inspectors involved have breached the department’s guidelines and the RSPCA have breached the law and the fundamental ideals found in the animal welfare Act and ought to be charged with cruelty offences. Mrs May has every right to expect natural justice in all things, which will require the urgent and long overdue intervention by the minister. Mark Aldridge Animal welfare advocate.
Posted on: Tue, 23 Dec 2014 12:58:20 +0000
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