A WA parliamentary question probes the government's handling of an animal welfare complaint regarding sheep exports on the MV AI Kuwait, focusing on jurisdictional issues and the potential for prosecution. The Minister acknowledges the complaint is under consideration, defers to jurisdictional determination, and declines to table legal advice.

AnsweredQoN 1099Legislative Council
Asked
25 November 2004
Portfolio
Local Government and Regional Development

QuestionView source ↗

I refer to the complaint lodged in connection with the exporting of sheep aboard the MV AI Kuwait . (1) Did the advice received by the Director General of the Department of Local Government and Regional Government from the State Solicitor’s Office identify any reasons that the conduct complained of would not constitute a breach of the Animal Welfare Act 2002; and, if so, what are the reasons? (2) If no to (1), why has the Department of Local Government and Regional Development subsequently sought advice from the federal Government? (3) Does the Director General of the Department of Local Government and Regional Development accept that the department has a duty to investigate the complaint to establish whether there has been a breach of the Animal Welfare Act 2002? (4) If such an investigation were to establish a breach, does the minister accept that it is the duty of the Government to prosecute those persons responsible? (5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH

AnswerView source ↗

I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(1) Did the advice received by the Director General of the Department of Local Government and Regional Government from the State Solicitor’s Office identify any reasons that the conduct complained of would not constitute a breach of the Animal Welfare Act 2002; and, if so, what are the reasons? (2) If no to (1), why has the Department of Local Government and Regional Development subsequently sought advice from the federal Government? (3) Does the Director General of the Department of Local Government and Regional Development accept that the department has a duty to investigate the complaint to establish whether there has been a breach of the Animal Welfare Act 2002? (4) If such an investigation were to establish a breach, does the minister accept that it is the duty of the Government to prosecute those persons responsible? (5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(2) If no to (1), why has the Department of Local Government and Regional Development subsequently sought advice from the federal Government? (3) Does the Director General of the Department of Local Government and Regional Development accept that the department has a duty to investigate the complaint to establish whether there has been a breach of the Animal Welfare Act 2002? (4) If such an investigation were to establish a breach, does the minister accept that it is the duty of the Government to prosecute those persons responsible? (5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(3) Does the Director General of the Department of Local Government and Regional Development accept that the department has a duty to investigate the complaint to establish whether there has been a breach of the Animal Welfare Act 2002? (4) If such an investigation were to establish a breach, does the minister accept that it is the duty of the Government to prosecute those persons responsible? (5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(4) If such an investigation were to establish a breach, does the minister accept that it is the duty of the Government to prosecute those persons responsible? (5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(5) Will the minister table the copy of the legal opinion obtained from the State Solicitor’s Office? Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
Hon LJILJANNA RAVLICH replied: I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
I thank the member for some notice of this question. (1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(1)-(4) The complaint lodged by Animals Australia in relation to the MV AI Kuwait is currently under consideration by the Department of Local Government and Regional Development. Before investigating the complaint it is important to first determine whether the State or the federal Government has jurisdiction over the sheep in question. If the federal Government has jurisdiction over this issue, obviously state laws will not apply. (5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.
(5) This question asks whether I will table a copy of the legal opinion. The normal practice is that legal opinions are not tabled in the Parliament. Good try, Hon Jim Scott, but the answer is no.

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