Guest Wildthing Posted February 25, 2013 Share Posted February 25, 2013 In ACT and NSW, if you feed a "stray" animal, you become the owner by default. Think this is what is called Common Law. I would be very surprised if the RSPCA could even find the alledged owner to prosecute. My experience with that organisation tells me they would rather the woman surrender the cats than prosecute - it is too expensive and they usually lose. I would notify the authorities as required by law. There is probably a time frame that the supposed owner has in which to claim the cats. As one of the cats has already been handled, then my guess is that both of them have the potential to settle with handling. Link to comment Share on other sites More sharing options...
megan_ Posted February 25, 2013 Share Posted February 25, 2013 (edited) . Edited February 25, 2013 by megan_ Link to comment Share on other sites More sharing options...
Guest Wildthing Posted February 25, 2013 Share Posted February 25, 2013 . If your dogs are chipped, then they are not "stray", they have an owner (providing you have registered the microchip details on a register. Link to comment Share on other sites More sharing options...
Are You Serious Jo Posted February 25, 2013 Share Posted February 25, 2013 You can't put your names against animals in SA. But I do think this needs to be reported and the council and rspca deal with it. Link to comment Share on other sites More sharing options...
Loving my Oldies Posted February 25, 2013 Share Posted February 25, 2013 (edited) The poster has stated that she cannot take the cats as much as she would like to. Ergo: Inform Council or RSPCA which she is doing. Edited February 25, 2013 by Danny's Darling Link to comment Share on other sites More sharing options...
CHA Posted February 25, 2013 Share Posted February 25, 2013 The authorities need to know about this, so they can hopefully chase up the owners and prosecute them for abandoning their pets. It will be interesting to see what the cat rescue place says about the legalities of having to hand them over to the RSPCA. If you have to do so, then it will be preferable to have them pts than leave them wandering wild. Link to comment Share on other sites More sharing options...
Michelleva Posted February 25, 2013 Share Posted February 25, 2013 I'm in Victoria and found an injured cat who'd been hit by a car. She was in excrutiating pain and I couldn't just leave her there. I door knocked and got no responses, but it was 7am. I ended up bringing her home and taking her to a vet as soon as they opened. She was found to be not desexed, not microchipped, so technically a stray, so they called the council. She ended up at Victoria's biggest pound who I hounded every single day. I put my name on her and eventually I ended up adopting her. I think "legally" thats the proper protocol to follow. However, if I'd just bought her home and sought vet treatment, kept her indoors, how would anyone know I had her? In this case because you are not in a position to keep them and don't want to, just call the council and RSPCA and they will trap them. As others have said, PTS is not worse than living a life on the street, without regular meals and love. Link to comment Share on other sites More sharing options...
cherylv Posted February 25, 2013 Share Posted February 25, 2013 Spoke to Animal Welfare League SA & Dog and Cat Management South Australia - suggesting you do your own research to the person starting the question on the post & informative for NSW or others perhaps we should be doing it this way -have not reviewed all of their info. Here is a copy p 27 RH column of the brochure for what to do with stray cats - Signs of a cat that is owned & not a stray -as long as they are identified as not owned (which means they could be taken to a vet to check ID chipping)& believed they are abandoned they can be rehomed or kept yourself with recommendation of desexing & ID chipping. SA Cat owners handbook The suggestion for prosecuting (which I agree with) would be very difficult as there are more serious reasons and its costly for any of these organisations to do - this obtained from information given and my own knowledge. I am very thankful of this exercise as I have learnt some valuable information which will be used in future. I hope the cats have a good outcome & will make further suggestions if anyone wants them. Here are resources from SA government for their state Resources good cat ownership SA Dog & Cat Management (08) 8124 4962 Animal Welfare League (08) 4348 1300 Link to comment Share on other sites More sharing options...
~Anne~ Posted February 25, 2013 Share Posted February 25, 2013 (edited) Perhaps this is a timely reminder for readers, particularly those involved in rescue, that every state operates under different legislation and codes. Singling out rescuers again; It is important that rescuers know the laws applicable in each state, or at the very least, understand that national legislation related to companion animals doesn't exist. Edited February 25, 2013 by ~Anne~ Link to comment Share on other sites More sharing options...
Christina Posted February 25, 2013 Share Posted February 25, 2013 Where would it be legal to rehome any animal that does not legally belong to you? T. When its dumped over your fence & you can hear people running away. When its dumped in your garden & you know it can't have scaled a 6 foot fence at 3 weeks old. When its left in a box on your doorstep. Maybe I am wrong but I guessed this meant you can have it Link to comment Share on other sites More sharing options...
PeiPei Posted February 25, 2013 Share Posted February 25, 2013 Contact Help Save The Furry Ones - Adelaide's Biggest No Kill Cat Shelter. Cats are desexed & then rehomed. Link to comment Share on other sites More sharing options...
cherylv Posted February 25, 2013 Share Posted February 25, 2013 Help save the furry ones website Help save the furry ones facebook 7 Kelvin Rd Ingle Farm Sth Australia, Australia 5098 Phone 0411 763 000 Link to comment Share on other sites More sharing options...
persephone Posted February 25, 2013 Share Posted February 25, 2013 We currently have 160 cats and kittens in our shelter and are unable to take anymore in at this time thankyou From the help Save the Furry Ones website ... Link to comment Share on other sites More sharing options...
Cleveland Posted February 26, 2013 Author Share Posted February 26, 2013 Hey guys, thanks again for all the advice. I contacted the council, they will not come out themselves but stated i have the legal right to trap the cats and take them to the AWL. Then they will be scanned for a chip and if found suitable may b put up for adoption, or be euthanised depending on capacity/temprement etc. I tried a few rescues, most are at capacity and cannot accept anymore. One rescue did state realistically if the cats have such poor temprements they may not pass the temprement test and may be euthanised anyway. They also cannot accept if im not the owner. They recommened council advice of cat traps and handing into AWL. At thsi stage i cannot mentally deal with this right now knowing in all honesty they (or at least the big one) will be PTS. So i will continue to feed them, make sure they have water and shelter and give it another couple of weeks, then ill make a descision. Im pretty angry and upset that it has been left to us to have to deal with the heart breaking reality of taking them to the awl knowing they wont come out. They are not ours yet we have to deal with the consequences of idiot owners. Oh and i did try the rspca twice..... on hold for half hour both times as of yet havent spoken to anyone. Link to comment Share on other sites More sharing options...
Loving my Oldies Posted February 26, 2013 Share Posted February 26, 2013 I think you've done your best, Cleveland. Perhaps bring the food closer and closer to the house and you may find they are quite approachable. The problem is, of course, whether or not they've been desexed. The woman who abandoned them doesn't seem like the person to have taken that into consideration. Try not to stress too much. Link to comment Share on other sites More sharing options...
Pollywaffle Posted February 26, 2013 Share Posted February 26, 2013 Hey guys, thanks again for all the advice. I contacted the council, they will not come out themselves but stated i have the legal right to trap the cats and take them to the AWL. Then they will be scanned for a chip and if found suitable may b put up for adoption, or be euthanised depending on capacity/temprement etc. I tried a few rescues, most are at capacity and cannot accept anymore. One rescue did state realistically if the cats have such poor temprements they may not pass the temprement test and may be euthanised anyway. They also cannot accept if im not the owner. They recommened council advice of cat traps and handing into AWL. At thsi stage i cannot mentally deal with this right now knowing in all honesty they (or at least the big one) will be PTS. So i will continue to feed them, make sure they have water and shelter and give it another couple of weeks, then ill make a descision. Im pretty angry and upset that it has been left to us to have to deal with the heart breaking reality of taking them to the awl knowing they wont come out. They are not ours yet we have to deal with the consequences of idiot owners. Oh and i did try the rspca twice..... on hold for half hour both times as of yet havent spoken to anyone. I feel for you Cleveland. It is wrong that someone else' sheer disregard for the animals' welfare has become your responsibility. Unfortunately you seem a compassionate soul so what can you do but what you are doing. It is wrong on every level that you should have to shoulder responsibility for this. Link to comment Share on other sites More sharing options...
tdierikx Posted February 26, 2013 Share Posted February 26, 2013 Regardless what I've said in previous posts, I reckon you are doing an awesome job there Cleveland. It's pretty rough when the 3 groups supposedly responsible for animal welfare in your area can't be arsed to come and do something about the abandoned cats - thus effectively dumping them in your lap to deal with... *sigh* T. Link to comment Share on other sites More sharing options...
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