A letter from RSPCA’s solicitor. I find it interesting that because they are a “charity” they are not governed by Qld Govt policy or laws such as the Freedom of Information Act. That said, I’ve been advised that the Commonwealth Privacy Act and the Office of the Australian Information Commissioner (OAIC) can assist.
Dear Mr Cohen
Thank you for writing to us. The CEO has forwarded your email to our office so that we can respond to your questions.
Response to questions
In response to your questions below, and by reference to your numbering, we provide the following information:
Question 1: SB’s email to you was entirely appropriate. You were of course free to apply to adopt Annie. We do not ever refuse to accept applications and it was not a matter for Shannon to pre-empt the outcome of any application, including yours. We are not a government department, so while we have policies in place to guide the organisation, we are not slaves to those policies and will always seek outcomes that are human and humane - but our priority will always be the animals. We have in the past, where special circumstances exist, adopted animals back to people who have surrendered them.
Question 2: Paragraph 6 of Position Paper A2 lists some reasons why applications for adoption may be refused. However that list is not exhaustive and other information can be considered when deciding whether to refuse or accept an application to adopt an animal. The decision to reject your application to adopt Annie reflects consideration of subparagraphs a, d, f and k, but also took into account relevant information in relation to the option of rehoming to a sanctuary.
Question 3 and your reference to the Queensland Ombudsman and Freedom of Information Act 1982 : The RSPCA Qld is a charity that performs a vital service for the community funded by donations not tax payers. We are not a government department or agency, are not subject to the Freedom of Information Act 1982, and the Queensland Ombudsman does not have the power under the Ombudsman Act 2001 to investigate the decisions and actions of RSPCA Qld. The Queensland Government Code of Conduct is also not applicable. Nevertheless, we take a professional, ethical and best practice approach to all of our operations, and expect staff to uphold those standards. We are subject to the same laws and constraints that apply to all registered charities and corporations, including relevant consumer laws. With respect to requests for information, we have adopted a ‘pro disclosure’ approach. We consider all requests for disclosure of information on a case by case basis, and disclose requested information whenever practicable and appropriate.
Question 4: We cannot provide you with any more information other than what was provided to you in the email below. DES are correct. Animal adoptions are part of RSPCA operations and decisions about adoptions are made by RSPCA taking account of any available relevant information including consideration of the best interests of the animal and any applicable laws.
Conclusion of matter
With respect, there was no generic response provided to you as quoted in your email below. The CEO advised that ‘we are confident that we have acted within our policies and those policies have proven effective in this instance’. He then provided you with information that very specifically related to your matter.
The matter with Annie was not a complicated one. You were unlawfully, whether intentionally or not, in possession of a bird. You surrendered the bird to the relevant authority DES who transferred ownership to RSPCA. We had no part to play in your surrender of the bird or any consideration of whether or not you were prosecuted for the unlawful possession. We simply performed our services, free of charge as always, and as expected by our donors, and successfully rehomed Annie.
We accept that this was an emotional time for you and understand that perhaps it was a natural response for you to try and find fault with RSPCA or to find blame somewhere for your loss of Annie, and we know that we are often an easy target in these emotional situations. But the fact is that despite our best efforts and intentions, we simply could not do what you wanted us to do, and we cannot give you any information that will ease the pain of your loss.
Mr Cohen there have been considerable resources dedicated to this matter, and sadly the misleading portrayal of the situation in the media and consequential loss of donations has undoubtedly had consequences for other animals and animal welfare. We are an animal welfare charity and we are conscious that our donors quite rightly expect that our resources are wherever possible dedicated to animal welfare. Therefore we cannot devote any further resources to this matter. We wish you all the best and hope that one day you might find a way to live with the loss of Annie, particularly knowing that she is at least happy and well cared for, just as it seems she was with you.
Thank you.