----- Original Message -----From: Michael BeattySent: Tuesday, March 11, 2008 1:52 PMSubject: RE: RSPCA Bullies
I am presuming from your email that you have never visited the Ocean View property in question. When you have feel free to get back to me with your thoughts on the conditions the animals are living in.
As to the rest of your email’s misguided, misconceived and misquoted claptrap, I suggest you check your facts more carefully before “putting pen to paper.”
Media & Community Relations Manager
Phone: 07 3426 9902
: 0415 385 602 Mobile
From: Maria Mercurio [mailto:[email protected]]
Sent: Tue 3/11/2008 10:45 AM
To: Mark Townend
Subject: Fwd: RSPCA Bullies
Over to you!
Chief Executive Officer
Ph. 03 9221 0080
Ribbon of Life - give a gift with meaning for any occasion.
>>> RSPCA Enquiries 11/03/2008 8:23 am >>>
>>> "Tcroll" <[email protected]> 8/03/2008 8:07 pm >>>
Since when is it a crime to love too many animals? RSPCA thinks it should limit how many animals a person can love? What bullies!
I find it appalling that Labor would have a policy to put pet shop owners out of business, to stop all the hobby farmers from hobby farming, to take animals away from circuses, to stop live animal exports etc.. and worse Read about these policies at :
This Labor policy has been implemented upon Queenslanders in a secret and I would suggest against the principles of our Constitution way. Labor empowered the RSPCA under the Animal Care and Protection Act to be able to enter anyone's property and under threat of prosecution impose their own policies. Mr & Mrs Salthouse is one of many victims of this Labor Policy. They have been hobby farming with their animals for 25 years, that was till the RSPCA entered upon their property, then bullied them that their animals were not properly looked after, then confiscated their animals because the RSPCA Officer was of the opinion that they had too many animals on their 40 acres of land at Ocean View. The Act allows the RSPCA to enforce their opinion upon the unsuspecting.
The RSPCA Strategy employed is to make a claim that the animals are not properly looked after and make suggestions producing a care and protection notice. The unsuspecting victim then puts their efforts into making changes to try to meet the RSPCA expectations, they build new bird cages, they make new kennels for their dogs, they improve their fences, purchase extra fodder for their cattle - what the they thought the RSPCA wanted from them. But this is only a strategy to deflect the victim from seeking a review of the RSPCA's care and protection notice.
Because - all the effort is in vain, as the RSPCA will come back and take all the animals and then begin selling them for the RSPCA's own profit, or for media self promotion perform other improper acts like shooting all the cattle leaving 14 calves without their mothers as in another case -
When we look at the RSPCA and their policy we find that there is a fundamental problem in the administration of Government.
Governments make policy and implement those policies in legislation.
Government Departments can make subsidiary legislation for the purpose of implementing the legislation.
Government Departments cannot make policy as this would conflict with government policy and thus make the Government unaccountable to Parliament and the People.
The RSPCA have been empowered to implement Government Policy through the Animal welfare and protection Act. But the RSPCA do not respect Government Policy as they have their own which is in conflict with Government Policy in many ways.
Councils are empowered under the Government Legislation to develop and implement laws - by laws. But those by-laws have to be consistent with the State legislation and become subsidiary legislation and are accountable through the court process. That is that if there is a dispute over the by laws the citizens have the right to test those by laws and their effect in courts.
This means that the RSPCA policy has effectively become subsidiary legislation and regulation BUT the citizen does not have the power to test those regulations and their implementation in the Courts. This allows the RSPCA to abuse their Powers under the ACT. They can go onto a person's property for the purpose of implementing their policies using the power Bestowed in them by the Animal Welfare and Protection Act and there is nothing a citizen can do about it.
It also means that they can misuse the Animal Welfare and Protection act to implement their policies. That means that much of what they do is for improper purpose - or unconstitutional and so they are in effect acting without power when they apply the power invested in them by the Animal Welfare and Protection Act.
In other words. There is a constitutional argument that they did not have the power to shoot cattle because the ACT that gave them the power is unconstitutional. There is the Judiciary Act of 1902 which implemented the Australian Constitution and defined how this was to happen.
The RSPCA can act in a fully unaccountable way because most people will avoid the courts and lawyers for their remedy.
I trust that something will be done about this situation