I've made an official cruelty report. What happens now? Expand Based on the information you have provided to us, all animal cruelty reports are immediately prioritised into one of four categories: Critical Cases – where the welfare of the animal is severely compromised and there is an URGENT need to alleviate pain and suffering. We try to respond to these as soon as possible and these cases take priority over all other duties. Major Cases – where the welfare of an animal has been or may be severely compromised and there is a need to take TIMELY ACTION to avoid pain and suffering. We respond to these cases as soon as practicable, usually within 72 hours. Secondary Cases – where indications are that the welfare of the animal is only marginally compromised or where the incident is of a LESS SERIOUS NATURE. We respond as soon as practicable, usually within 7 working days. Minor cases – where indications are that the welfare of the animal is not compromised and where the incident is of a LESSER NATURE. Action may involve local knowledge, a visit when in the area, telephone contact or no action at all. RSPCA WA Inspectors enforce Western Australian Government legislation – the Animal Welfare Act 2002 – which specifies legal definitions of suffering and ill treatment. In some cases, these legal definitions can be quite different from what the community accepts as proper standards of animal care. Unfortunately, we have no legal power to enforce our policies, only the legal requirements of the Act. Even if we’re unable to take legal action, RSPCA WA Inspectors will always attempt to educate owners and make recommendations about how to better care for their animals.
Will an Inspector visit the property I have reported? Expand RSPCA WA inspectors will investigate all reports, which in most cases involves a site visit. This will depend on the individual case and circumstance, depending on the priority. In some areas of regional Western Australia, we may ask WA Police or local government rangers to assist.
What action will RSPCA WA take against the animal's owner? Expand The first priority of RSPCA WA inspectors is always animal welfare. Our mission is to prevent cruelty, so we do seek to educate owners on providing better care for their animals. When that is not possible, we seek to provide the animal a future free from further suffering, in an environment where they will receive ongoing care and protection. Our inspectors may legally take any of the following actions: Offer advice and assistance to the owner. Issue a warning letter and follow up with spot checks to ensure the advice and/or recommendations have been implemented. Issue the owner with a Direction Notice, which requires the owner to take action as instructed by the inspector. Continue to work with the owner for the best outcome for the animal. Seize the animal/s if the inspector believes that the animal is currently or in immediate danger of suffering harm and there are grounds under the Animal Welfare Act 2002. Prosecute the owner for a breach of the Animal Welfare Act 2002.
Can I find out what action RSPCA has taken in relation to my report? Expand Due to privacy and legal constraints, we are only able to provide confirmation that a report has been investigated. Further details of actions being undertaken cannot be provided until after any prosecution has finalised.
What are the penalties for animal cruelty? Expand Animal cruelty is a serious criminal offence. Penalties for offences of animal cruelty are set out in section 19(1) of the Animal Welfare Act 2002. If found guilty of cruelty to any animal, the minimum penalty per offence is a $2000 fine, with a maximum penalty of a $50,000 fine and imprisonment for up to 5 years. Penalties are determined by the court and handed down at the court's discretion. Magistrates determine the penalties that they consider appropriate based upon the evidence presented in court by the prosecution and offender. Magistrates have regard to the maximum sentence fixed by law, the standards of sentencing customarily observed with respect to the offence, the place which the criminal conduct occupies on a scale of seriousness for these offences, and the personal circumstances of the offender. RSPCA WA does not determine penalties. Section 55 of the Act allows a court to impose additional orders against the offender that may include: prohibition of contact with or being in control of animals for a period of time determined by the courts forfeiture of ownership of any animal to the Crown repayment of legal, veterinary and animal care costs. These additional orders can be made to protect the welfare, safety and health of an animal, a group of animals or animals in general. Although the statutory penalties for animal cruelty are found in the Animal Welfare Act 2002, the Act must be read with Part 5 and especially section 42 of the Sentencing Act 1995. It is the Sentencing Act 1995 which allows other penalties, such as a suspended fine, a community based order, or a term of suspended imprisonment, to be imposed for offences of animal cruelty.
I'm unhappy with a prosecution result. What can I do? Expand It’s important to remember that WA’s Animal Welfare Act is set by State Parliament and penalties are handed down by the court, not RSPCA WA. If you believe a penalty is too lenient, we encourage you to contact your local Member of Parliament.
What happens if people don't pay their fines? Expand Under the Animal Welfare Act 2002 and the Sentencing Act 1995, fines for animal cruelty generally become a debt to the State's Consolidated Revenue account (i.e. the fines go to Government revenue). If the offender does not pay the fine, the State Government has a number of options available to them under the Fines, Penalties, Infringement Notices and Enforcement Act 1994 (the FPINE Act) to recover the debt owed. These options include but are not limited to suspending the offender’s driver's and vehicle licenses, enforcement warrants, work and development orders, publication of outstanding fines owed on a public register and ultimately imprisonment. For further information, please refer to the Department of Justice website.
Why don’t you name and shame? Expand Stories about animal cruelty prosecutions provoke some of the most emotive reactions we see on our social media channels. And many people ask why we don’t ‘name and shame’ the people who are convicted of animal cruelty offences. There’s generally no legal impediment to RSPCA WA including names in articles about convicted animal cruelty offenders. We choose not to. And while there are many reasons behind this choice, they are all motivated by compassion, respect for the courts, and the knowledge that animal cruelty cases are rarely black and white. The punishment for people convicted of animal cruelty is decided by the court. We respect the magistrate's decision. There is no place in a compassionate, professional organisation for us to have the attitude that we need to add to that punishment by facilitating public shaming. And we don't ever want to encourage or facilitate vigilantism. There are many other reasons that inform our policy of not 'naming and shaming' animal cruelty offenders. You can find out more by reading this article.