Australian Legal System, bloody_minded

RSPCA with the Law & Us

TIME FOR A REVIEW OF RSPCA ANIMAL CHARITY’S BULLYBOY TACTICS ?
THIS BLOG HAS BEEN ESTABLISHED BY ANIMAL LOVERS TO EXPOSE THE DOUBLE STANDARDS, HYPOCRICY AND MEDIA DRIVEN PROSECUTION POLICY THAT IS INSTITUTIONAL WITHIN THE RSPCA. THIS SITE THOROUGHLY CONDEMNS CRUELTY AND NEGLECT TOWARDS ANIMALS AND IN PARTICULAR OBJECTS TO THE NUMBERS OF ANIMALS KILLED BY THE RSPCA (60,000+ PER ANNUM) AND SEVERAL OF THE METHODS USED. DISCLAIMER; THE VIEWS EXPRESSED ON THIS BLOG ARE NOT VALIDATED BY THE BLOGGER AND ARE BASED UPON THE VIEWS OR EXPRESSIONS OF THIRD PARTIES.http://rspcainjustice.blogspot.com.au/2009/07/yet-more-rspca-bully-boy-tactics.html

Very good advice to remember:

The Law and the RSPCA
By Dr.Barry Peachey LLB(Hons), LLM, PhD, FCollP, MBAE, ACIArb, FETC

THIS ARTICLE is written in my joint capacities as Legal Adviser to a number of dog organisations, and Chairman of the Legal Aid Working Party of the British Academy of Experts.
I had been approached by a number of dog people, and by fellow professional members of the Academy, and asked to clear up a number of misconceptions about the RSPCA and the law that appear to be widely held and indeed publicly fostered by the Society itself.

 

    • The RSPCA is a charity.

 

 

    • The Inspectorate is NOT a public law enforcement body.

 

 

    • Society Inspectors have NO special legal powers whatsoever.

 

 

    • They have NO special powers to arrest offenders.

 

 

    • They have NO right to enter your home to inspect your animals or to demand that you answer any of their questions.

 

 

    • They have NO right of access to shows, fairs and markets other than as members of the public, and can only carry out any law enforcement function as an assistant to a police-officer, upon that officer’s request.

 

 

    • They have NO power to stop, obstruct or otherwise detain any vehicle carrying animals.

 

 

    • Whilst the Society’s staff issue criminal proceedings against offenders, they do so by way of private prosecution.

 

 

    • Members of the Inspectorate wear uniforms which make them as much like police officers as the law will allow. They are not. The LOWEST “rank” in the Inspectorate is Inspector (apart from Trainee Inspectors). Above that they have “Chief Inspectors”, “Superintendent”, ’ and “Chief Superintendents”. None of these ranks are officers of the Crown, and have no legal significance whatsoever. They are designed to impress the public.

 

Members of the Inspectorate in senior positions have on various occasions stated in public that they have a cavalier disregard for the law, and the protections that it affords to suspects. On September 3, 1992, Chief Inspector John Paul gave evidence at Richmond-on-Thames Magistrates’ Court in the case of David MacKay. During cross examination, defense barrister Mr Thomas Derbyshire asked the RSPCA man: “Are you telling this court that you encourage your staff to flagrantly disregard civil and legal rights in the pursuit of your ends?” Chief Inspector Paul replied: “My duty is to look after the animals, and if that involves infringing people’s civil or legal rights then so be it. The animals cannot defend themselves so we have to do it for them.”

It is a matter of public record that in this case the RSPCA had illegally entered property, and illegally seized animals The recent RSPCA television series Animal Squad – Undercoverwhich appeared on , Channel 4 featured Chief Superintendent Donald Balfour, Head of the RSPCA Special Operations Unit. He was asked on camera by a police officer if he had any legal powers to do what he was proposing to do. His reply was “Officially no, but we do it all the time.”

In the recent press release in which the Society announced that they would be withdrawing their staff from prosecutions under Sl Dangerous Dogs Act 1991, they described the five men concerned as “qualified as expert witnesses”. They are nothing of the sort, and this is yet another wilful misrepresentation of their legal position. The qualifying body for expert witnesses in this country is the British Academy of Experts. Only holders of full professional membership, or fellowship in the practicing category of membership are “qualified” as expert witnesses. The law is that any expert may give expert evidence if they can satisfy the court as to their expertise, but there is a vast difference between that and Academy membership. None of the RSPCA Inspectors authorised by the Society are Academy Members or Fellows, not the least because the academy requires candidates to be educated to at least first degree level, to have chartered or equivalent status in their primary profession, and to be able to pass an extensive and demanding vetting procedure, covering professional conduct and competence.

At present only three of the experts who have regularly appeared in Dangerous Dogs Act cases are on the professional register of the Academy All of them are Panel Members of theA.G.Fox litigation consultancy practice.

The RSPCA has sought to present the withdrawal of its staff from these cases as an effort to protect innocent dogs. That is an exercise in hypocrisy that is unsurpassed. The truth is that it has been driven off the field by a whole series of crushing defeats in the courts that have made the staff concerned look amateurish in the face of true experts, in an exercise that in my view has brought the Society into gross disrepute.
The above article was printed in Our Dogs magazine May 21st. 1993 and still holds true today.

IN QUEENSLAND
1990s – Building programs were carried out around Queensland. Because of this growth, Animal Care Centres now exist at Cairns, Townsville, Bundaberg, Kingaroy, Noosa, Dakabin and the Gold Coast, besides the main Animal Care Campus in Brisbane. There are also a number of regional “Friends” groups raising funds and assisting in other ways.

1994 – The Annual Million Paws Walk, inaugurated in Brisbane in 1994, was so successful it went national in 1996. As the operations of the Society grew throughout the twentieth century, it became necessary for more innovative fundraising – hence the Million Paws Walk event, and other activities.

2001 – The Animal Care and Protection Act was passed, strengthening the laws against cruelty to animals and substantially increasing the penalties for mistreating animals.

2002 – The State Government committed $2.5 million dollar-for-dollar funding towards substantial capital works in upgrading refuges throughout Queensland.

2002 – An extensive program of education, particularly in schools, is now in operation. The Society works closely with the Australian Veterinary Association’s program for children, PetPEP. In 2002, the Society’s new mobile classroom, known as the EMU (Education Mobile Unit), is launched.

2002/3 – The Fairfield Centre took in a total of 19,645 animals, consisting of 6,996 dogs, 8,750 cats, 10 horses, 605 livestock, 2,227 wildlife, 610 other small pets, and 447 birds. The total intake for all the Queensland Animal Care Centres for 2002/3 was 33,984 animals.

2006- In December 2006, RSPCA Qld welcomed a pledge of a $12 million lead gift from the Queensland Government towards the construction of the RSPCA Qld Animal Care Campus, originally marked for Redbank, since changed to Wacol. In an Australian first, this purpose-built facility will combine state-of-the-art shelter care with onsite headquarters for an expanded, statewide Humane Education Program.

YES THEY HAVE GOV. FUNDING BUT THEY ARE NOT GOVERNMENT
the were first started in UK so the same rules apply
they have no authority to come on your land unless invited, otherwise can be sued for Tresspass (my understanding)
https://www.rspcaqld.org.au/AboutUs/OurHistory/WhereWeWere

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