CONFLICTS over jurisdiction may impede action in cases involving companion animals by RSPCA officers, NSW RSPCA chief David O’Shannessy said.
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A lack of response to animal welfare cases came up in witnesses' testamonies during the recent NSW parlimentary inquiry into companion animal breeding in Armidale on July 14.
Mr O’Shannessy said confusion regarding attendance to individual cases may arise as the RSPCA officers are not authorised under the NSW Companion Animals Act, 1998.
The RSPCA, Animal Welfare League and NSW Police may investigate complaints and act under the Prevention of Cruelty to Animals Act, Prevention of Cruelty to Animals Regulation and the associated Animal Welfare Codes of Practice.
They may act in cases involving livestock, companion and wildlife species that are protected under the Prevention of Cruelty to Animals Act and Regulations.
Mr O’Shannessy said that unlike council rangers, the RSPCA Inspectors are not authorised officers under the NSW Companion Animals Act of 1998.
The act covers issues of registration, control and proper identification of animals in pubic spaces and dangerous animals.
“Unfortunately the fact that companion animal management and welfare matters are covered by two distinctly different pieces of legislation can be a source of confusion and even frustration for the general public,” he said.
“The RSPCA will always log and investigate alleged breaches of the Prevention of Cruelty to Animals Act, however, we will encourage members of the public to contact the local council regarding breaches of the Companion Animals Act,” he said.
Mr O’Shannessy said encouragement to contact local councils is not because the RSPCA does not want to act.
“It is because the complaint falls outside the jurisdiction of the Prevention of Cruelty to Animals Act and our inspectors are not empowered to act,” he said.
