Privacy Laws When Reporting Cruelty

[Remarkabull]

A friend just posted on FB that they have contacted Animal Welfare about a neighbours dogs and she was told that if she goes ahead and reports her then they will have to tell the neighbour who reported her. Surely this is not true?

She is very concerned about the dogs involved but is worried that the neighbour will take revenge on her dog (one of my pups) when she isn't home.

[tdierikx]

I'm sure they are supposed to keep the name of the complainant private - to reduce the risk of reprisals...

T.

[_PL_]

That sounds odd, I thought they won't take anonymous reports but do not disclose names to anyone. I think your friend may have misunderstood.

found a link

"all reports are confidential"

http://www.awlnsw.com.au/reporting-a-cruelty-case.html

[Remarkabull]

That's what I thought.

She just filled me in on what happened.

Was late at night and people across the road were drinking in their yard with friends when the 2 dogs on the property started fighting. They hit the dogs with brooms to separate and the neighbour took her dog inside then returned and continued to lay into the housemates dog with the broom then grabbed by scruff of neck and started punching it repeatedly in face. Dog was crying and whimpering and my friend yelled out to stop hitting dog or she would call cops. Dog was then dragged into house.

Given the circumstances they would probably guess who dobbed them in anyway as it was late at night and my friend was only person around that wasn't at the house (she was in her yard, taking her dog to toilet before bed).

[Wundahoo]

This link may be helpful

http://www.animalwelfare.nt.gov.au/make_a_complaint

There are several references to confidentiality and the due process that must be followed. Perhaps your friend was talking about the possibility of the case going to prosecution where it may be necessary that the names of the complainant are revealed to the court.

What information is needed to make a complaint?

You can make a complaint anonymously. However, we would appreciate it if provided contact details. This will enable an investigating inspector to contact you if they require more information.

This contact information will be kept strictly confidential. Please be aware that if a matter goes to court and is defended, the court may require that the names of complainants are revealed.

Other information you will need to provide includes:

1.The location of the animal(s). If this is at a fixed location, you will need to provide the address details. If the animals are located on or within a vehicle, you will need to provide the registration details, and a description of the vehicle.

2.The people involved. If known, the name, address and phone number of the person/s involved in the offence will be taken. If not, a clear description of all people involved should be provided.

3.Details of your concern about the animal. You need to provide information about the type and number of animals involved, the problem, and as much detail as possible about the animals condition.

4.Time and date of the alleged offence. You will need to advise of the date and time when you noticed the problem.

5.Any other information. If you are aware of any information which will help the inspector to investigate the complaint, for example if there are savage dogs, if the people involved are known to be abusive or violent, or the names and addresses of other witnesses to the cruelty.

Providing false or misleading information is an offence.

What happens when a complaint is made?

The Animal Welfare Branch will record details and prioritise your call based on the immediate risk to the animal. The complaint will then be provided to a local authorised inspector or a police officer.

The inspector or police officer may contact you if they need more information.. Inspectors need reasonable grounds before they can enter private property to investigate a complaint.

An inspector will investigate the complaint and decide on action required. Actions will vary from case to case and may include:

•taking no further action

•providing advice and education on appropriate care

•issuing directions to the owner to address welfare issues

•collecting evidence to begin a prosecution seizing the animal(s)re-visiting to ensure that directions or advice have been followed.

During this process, the inspector may call upon the expertise of a veterinarian or specialist.

Feedback to complainants

Privacy and legal considerations do not allow complainants to be provided with information on the specific outcomes of investigations, but do allow them to be advised that the complaint has been investigated and also if no offence has been detected.

[Remarkabull]

Yep, I just looked up the website for AWL here in NT and it clearly states that reports are confidential.

My friend has a police report of the incident and when talking to AWL she asked to speak to a supervisor and was apparently told the same thing. They said the neighbour would be given a copy of the report. I told her to call them and tell them to check their own bloody website for the laws :/

[louise6616]

Oh gosh, what a horrible thing to happen

Hope it all works out for everyone.

[minimax]

Most likely the details of the person making the report will be on the file, and the person having the complaint made against them as a right to see the report being made against them.

So, yes, confidential until the formal report is lodged, really. Or just don't give contact details. Or post on facebook about if they are that concerned :laugh:

[Remarkabull]

I understand they will see the report but surely the person who made the complaint would at least have their name removed or blacked out.

[_PL_]

Usually if you request details from anywhere as a matter of curiosity then all identifying details are removed. No idea what happens if it goes to a full cruelty prosecution court case with legal representation involved.

Nobody would ever report or complain about anything if their details were handed out all over the place. Also in regards to privacy, you should not as far as I know, be able to access the action taken against anyone you've reported. If you are worried, check the org's privacy policy but whoever is taking the calls needs to brush up on the policies as well because all I can find is that everything is confidential.

Contact the head office, in SA.

Edited March 31, 2014 by Powerlegs

[Staffyluv]

What a horrible thing for your friend to witness..

[sandgrubber]

The right to confront your accuser has deep roots in common law. For good reason. If someone complains about your dogs, you would want to know who it was to decide whether the complaint was justified, or whether it was based on some grudge. Even more so if the charge was theft or something carrying heavy criminal penalties.

If such matters become serious, and the person against whom the complaint is lodged faces serious penalties, I'd guess there's a good chance that the complainant's name will be released.

[Steve]

Regardless of how many assurances you get that it will be kept confidential anyone that lodges a complaint should be aware that it may not remain so forever. Animal cruelty is a criminal offence and unless they can find something on inspection which would let the person making the official heads up complaint off the hook because they have enough without them - you never know.

In this case the incident was witnessed and unlikely to be happening when an inspector calls. If anything were to come of it the person who witnessed it would need to be prepared to appear in court if it went that far unless they can find independent evidence that the dogs were treated cruelly by somethingthey witnessed. Obviously there are some things they can protect your privacy with but not always.