❓ A parliamentary question regarding a dismissed animal cruelty prosecution, focusing on the competency of DAFWA officers and fairness to the farming community. The Minister's response outlines training, qualifications, and processes, noting legal advice is being sought.
AnsweredQoN 181Legislative Council
QuestionView source ↗
ANIMAL
WELFARE ACT — PROSECUTION
181. Hon RICK MAZZA to the
Minister for Agriculture and Food:
Minister, on 12 September 2014, the Department of Agriculture
and Food was the prosecuting authority in an action against Mr Robert Rose in
the Narrogin Magistrate's Court under the Animal Welfare Act, which
alleged cruelty on the basis that Mr Rose had failed to kill a lamb when he
discovered that it had a broken leg. The court dismissed the prosecution and
found that Mr Rose had no case to answer.
(1) What
action has been taken to ensure that DAFWA employees have the capacity to make
competent assessments of cruelty?
(2) What qualifications are held by
the DAFWA officer who pursued the prosecution of Mr Rose?
(3) What action
has been undertaken to protect the farming community from unfair prosecutions
of this nature?
(4) Has any
recompense been offered to Mr Rose for his time, expense and distress caused by
this failed prosecution?
WELFARE ACT — PROSECUTION
181. Hon RICK MAZZA to the
Minister for Agriculture and Food:
Minister, on 12 September 2014, the Department of Agriculture
and Food was the prosecuting authority in an action against Mr Robert Rose in
the Narrogin Magistrate's Court under the Animal Welfare Act, which
alleged cruelty on the basis that Mr Rose had failed to kill a lamb when he
discovered that it had a broken leg. The court dismissed the prosecution and
found that Mr Rose had no case to answer.
(1) What
action has been taken to ensure that DAFWA employees have the capacity to make
competent assessments of cruelty?
(2) What qualifications are held by
the DAFWA officer who pursued the prosecution of Mr Rose?
(3) What action
has been undertaken to protect the farming community from unfair prosecutions
of this nature?
(4) Has any
recompense been offered to Mr Rose for his time, expense and distress caused by
this failed prosecution?
AnswerView source ↗
I thank the honourable member for some notice of this
question.
The matter has been referred to the State Solicitor's
Office to provide advice on the case, noting that it is still within the appeal
period. I would be pleased to provide and clarify details of this case once
this advice has been received and any resulting action has concluded. In this
context, I answer the honourable member's question.
(1) DAFWA
general inspectors have been trained in the code of practice for sheep in
Western Australia, have significant livestock industry experience, and
therefore have the capacity to make competent assessments of potential breaches
of the Animal Welfare Act 2002. Additionally, veterinary assessment is sought
either immediately or as part of the investigation, with final approval by the
State Solicitor's Office before a prosecution is commenced.
(2) The DAFWA
officer has a certificate IV in government statutory compliance and 21 years'
experience in animal welfare regulation.
(3) The action
taken was in accordance with the DAFWA compliance enforcement and prosecution
policy, and the complaint was made to the department by a third party. All
Western Australians have responsibilities under the Animal Welfare Act to
ensure the welfare of animals in this state.
(4) Mr Rose was awarded costs by the
court.
question.
The matter has been referred to the State Solicitor's
Office to provide advice on the case, noting that it is still within the appeal
period. I would be pleased to provide and clarify details of this case once
this advice has been received and any resulting action has concluded. In this
context, I answer the honourable member's question.
(1) DAFWA
general inspectors have been trained in the code of practice for sheep in
Western Australia, have significant livestock industry experience, and
therefore have the capacity to make competent assessments of potential breaches
of the Animal Welfare Act 2002. Additionally, veterinary assessment is sought
either immediately or as part of the investigation, with final approval by the
State Solicitor's Office before a prosecution is commenced.
(2) The DAFWA
officer has a certificate IV in government statutory compliance and 21 years'
experience in animal welfare regulation.
(3) The action
taken was in accordance with the DAFWA compliance enforcement and prosecution
policy, and the complaint was made to the department by a third party. All
Western Australians have responsibilities under the Animal Welfare Act to
ensure the welfare of animals in this state.
(4) Mr Rose was awarded costs by the
court.
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