❓ Hon Rick Mazza seeks clarification on the roles of RSPCA inspectors and DAFWA in prosecuting animal welfare offences, questioning potential conflicts in previous ministerial responses. The Minister clarifies the powers and responsibilities under the Animal Welfare Act 2002.
AnsweredQoN 1251Legislative Council
QuestionView source ↗
In relation to the Minister's response to my question without notice on 14 May 2014, the Minister responded to part (2), that the Royal Society for the Prevention of Cruelty to Animals (RSPCA) cannot bring any prosecution in its own name, however RSPCA inspectors appointed as general inspectors under section 33 of the Animal Welfare Act 2002 can commence proceedings under part 3 of the Act. The Minister's response to part (5) of the same question was that Department of Agriculture and Food Western Australia (DAFWA) is not a party to prosecutions brought by RSPCA inspectors and has no oversight of those proceedings. I therefore ask: (a) for whom do the RSPCA inspectors act; (b) if in response to (a) the answer is the RSPCA, does that conflict with the Minister's response to part (2) of my question without notice; (c) do the inspectors act for DAFWA; (d) if yes for (c), does that conflict with the Minister's response to part (5) of my question without notice; and (e) will the Minister please clarify who is the prosecuting body?
AnswerView source ↗
Answered
12 August 2014
Responded by
Minister for Agriculture and Food
Response time
56 days
(a) The
Animal Welfare Act 2002
does not distinguish between general inspectors employed by DAFWA and those employed by the RSPCA.
A general inspector employed by the RSPCA can commence proceedings for offences under the
Animal Welfare Act
2002
(other than those relating to Part 2 and any matters in relation to using animals for scientific purposes). In practice this power would be limited to matters investigated by general inspectors employed by the RSPCA.
(b) The response to part (2) of the question without notice is consistent with the
Animal Welfare Act 2002
.
(c) See answer to (a).
(d) The response to part (5) of the question without notice is consistent with the
Animal Welfare Act 2002.
(e) Proceedings for an offence under the
Animal Welfare Act
may be commenced by the Director General of DAFWA, a general inspector (who may be employed by the RSPCA) appointed under the
Animal Welfare Act
(other than offences relating to Part 2 of the Act and any matters in relation to using animals for scientific purposes) or a DAFWA officer authorised by the Director General of DAFWA.
The
Animal Welfare Act 2002
does not refer to the term "prosecuting body".
Animal Welfare Act 2002
does not distinguish between general inspectors employed by DAFWA and those employed by the RSPCA.
A general inspector employed by the RSPCA can commence proceedings for offences under the
Animal Welfare Act
2002
(other than those relating to Part 2 and any matters in relation to using animals for scientific purposes). In practice this power would be limited to matters investigated by general inspectors employed by the RSPCA.
(b) The response to part (2) of the question without notice is consistent with the
Animal Welfare Act 2002
.
(c) See answer to (a).
(d) The response to part (5) of the question without notice is consistent with the
Animal Welfare Act 2002.
(e) Proceedings for an offence under the
Animal Welfare Act
may be commenced by the Director General of DAFWA, a general inspector (who may be employed by the RSPCA) appointed under the
Animal Welfare Act
(other than offences relating to Part 2 of the Act and any matters in relation to using animals for scientific purposes) or a DAFWA officer authorised by the Director General of DAFWA.
The
Animal Welfare Act 2002
does not refer to the term "prosecuting body".
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.