If You Witness Animal AbuseThis is a guide on what to do if you witness animal abuse.

For obvious cases of animal maltreatment contact the police immediately. For other instances, it may be appropriate to familiarise yourself with the Animal Welfare Act and the industry codes of practice that outline what is 'acceptable'. If you are able to obtain it, documentation via a camera or video footage can help ensure a successful prosecution.

Contact the Police

The police have the power to enforce the Animal Welfare Act.

Many people assume that the RSPCA is the only 'authority' capable of enforcing state animal cruelty legislation, however both the police and appointed general inspectors can enforce the Act. Given that the Act is part of the state legislature it is appropriate that it is enforced by government and police like all other legislation rather than a non-governmental organisation with stretched resources.

The police can be contacted on the following numbers:

Police Assistance:
131 444

Administration Enquiries (during business hours):
(08) 9222 1111

Emergencies Only:
000

General Inspectors

There are currently over 170 general inspectors appointed throughout Western Australia.

Within the Animal Welfare Act 2002, power is also provided for the appointment of general inspectors to assist in enforcing that Act. Under the Act, general inspectors have powers to search and enter, as well as seize animals if they suspect animals are being treated in an inappropriate manner.

Under the Act, the RSPCA, local governments, Department of Agriculture WA, and Department of CALM are all given the opportunity to make nominations for general inspectors. The general inspectors under the Department for Local Government and Regional Development are the only government inspectors that ARA considers to not have an overt conflict of interest when it comes to enforcing the Animal Welfare Act.

The DLGRD has a confidential phone line for reporting animal cruelty involving animals used in agriculture:
1300 303 464

You can also contact the Animal Welfare Branch (Department of Local Government and Regional Development) directly by calling the Manager and Scientific Inspector, Dr Jeni Hood:
(08) 9217 1479

Gathering Evidence

Make a written or visual record of what you have witnessed.

If you can, photograph or film the situation and endorse the original record with:

• a time and date that the record was made;
• the place from which the record was made;
• the name of the person who made the record; and
• the purpose for which the record was made; and
• have the record signed by a JP or solicitor as soon as possible.

You should also try to get short, factual, written statements from other witnesses and ask them to have their statements witnessed by a JP or solicitor.

Generally, photographs, films and videos of an actual event may be admitted in criminal proceedings as real evidence assisting testimonial evidence given by witnesses and as real evidence standing alone.

If the evidence has been gathered in the course of committing a crime, such as after unlawfully entering premises, it may not be admissible in Court. However, the evidence may still be sufficient to persuade the police, the Department of Local Government or the RSPCA to investigate further.

A Word of Caution

ARA advocates non-violence and respect for all animals including humans.

If you unlawfully enter private property, unlawfully remove animals or covertly record activities you could be committing a criminal offence. If you seriously consider undertaking any of these activities ARA strongly recommends that you obtain legal advice. ARA has affiliations with several lawyers who can advise you for free. Please contact us for assistance.

If you are considering gathering evidence in a lawful manner, such as at a public sale yard, ARA asks that you act prudently, discretely and with proper regard for your own safety. In Western Australia many animal facilities are currently low-security. To ensure that security remains low, and access to activists remains easy, we ask that you act with proper care and discretion at all times.

Making a Statement

Go public and use the law.

Once you have located the proper law enforcement officer, provide them with a concise, written, factual statement of what you have observed, giving dates and approximate times. Always keep a record of whom you contact, the date of the contacts, and the content and outcome of your discussions with each of them. Always keep copies of every document and recording you pass on. Make it crystal clear that you wish to pursue this case and are willing to lend your assistance, as required.

Pursuing Your Case

Do not let your issue get brushed aside.

The police, the Department of Local Government & Regional Development or the RSPCA have discretion as to whether to investigate further, make arrests or dismiss the allegations you have made. Even if you gather compelling evidence, they may choose not to take it further. Sometimes their decision not to act may be based on genuine operational constraints. Other times their decision not to act may be based on a perception that offences against animals are not serious.

If the police, the Department of Local Government & Regional Development or the RSPCA refuse to act, please let ARA know. We can assist you in taking the matter to the ombudsman or taking other avenues to compel government bodies to fulfill their duties.

By keeping a factual, well documented, step-by-step record of the case, if all else fails, you can always visit or call your local newspapers or television stations and try to interest reporters in the story. A news story may force officials to act, or scare the person causing the abuse into stopping. Other people who have seen similar acts may then be encouraged to step forward.