Two agencies have animal welfare inspectors under the Queensland Animal Care and Protection Act 2001 - Biosecurity Queensland and RSPCA Queensland.

Biosecurity Queensland (DPI)

Biosecurity Queensland (the Department of Primary Industries) handles complaints about commercial livestock, including poultry enterprises, and other complaints outside of the major centres where RSPCA is located.

To make a complaint, phone the Customer Service Centre on 13 25 23 between 8am and 5pm Monday to Friday (with the exception of public holidays and Thursdays 9am to 5pm).

RSPCA Queensland

The RSPCA handles complaints about hobby farms and companion animals (pets).

To contact the RSPCA, phone 1300 264 625 (1300 ANIMAL) between 8am and 7pm, 7 days a week. RSPCA ambulance staff answer calls outside these times.

Police

If you cannot reach Biosecurity Queensland or the RSPCA and the matter is urgent, you can also phone your local police station.

Always phone the police if there has been a road accident involving animals.

Information you need to give

When you phone, you will need to give:

• your name, address and a contact phone number
• the address where the animals are located
• the details of your concern, such as the type and number of animals, the problem with the animals and the condition of the animals
• the name, address and phone number of the animal's owner, if known
• any other issues that inspectors need to know, such as whether savage dogs live at the place or people there are potentially abusive or violent.

Be aware that:

• anonymous complaints may not be routinely investigated
• it is an offence to make a vexatious or hoax complaint.

When you phone Biosecurity Queensland or the RSPCA to make an animal welfare complaint in Queensland, they will connect you to the appropriate customer service operator (Department of Primary Industries) or complaints coordinator (RSPCA).

If you're unsure whether an animal welfare inspector should investigate a situation, phone anyway and discuss it with the customer service operator or complaints coordinator.

The customer service operator or complaints coordinator will ask for your name and address, and the circumstances of the animal you're phoning about. This information will confirm whether it is an animal welfare complaint, or whether you should contact another agency, such as your local council. Some or all of the following steps may then occur.

Investigating the complaint

1. Your complaint is registered and given a priority rating.
2. Your complaint may be transferred from the agency you contacted (Biosecurity Queensland, the RSPCA or Queensland Police) to one of the other agencies where appropriate. The 3 agencies handle different complaints, depending on the type, number and location of animals involved.
3. The complaint is allocated to an inspector (Biosecurity Queensland or RSPCA). Queensland Police will have their internal procedures to handle your complaint.
4. The inspector or officer may contact you to ask for more information about the animals, or directions to help them to find the animals if a visit is necessary.
5. The inspector or officer investigates the case. When investigating animal welfare complaints, there are 2 main initial aims. These are to:
   • help the animal by addressing its immediate and long-term needs
   • determine what they can do to ensure that the person in charge of the animal never gets into the situation again. Education is an important part of an inspector's and officer's job.

Taking action

What happens next depends on what the inspector or officer finds as a result of the investigation:

• No action - if there is no genuine animal welfare problem, no further action is required. For example, someone may complain about a dog that they think is tied up permanently, but the complainant may not be aware that the animal is being exercised at night.
• Education - if the owner did not know about or understand their responsibilities towards the animal, the inspector will educate the owner. For example, if a closely confined dog is not receiving sufficient exercise but is otherwise healthy, an inspector may advise the owner that they need to provide sufficient exercise under the Animal Care and Protection Act 2001.
• Animal welfare direction - the inspector may issue a formal written direction requiring the owner to do certain things to rectify the situation within a specified time. For example, if a dog owner has not complied with a verbal request to appropriately exercise a closely confined dog, an animal welfare direction may be issued. The inspector later returns to ensure the direction has been followed. It is an offence not to comply with an animal welfare direction without reasonable excuse.
• Evidence for prosecution - during the inspection, the inspector may collect material to be used as evidence if they decide that the situation is serious enough to recommend that someone be charged with an offence.
• Removal of animals - sometimes an inspector believes that the only way to ensure an animal will be cared for properly in the short term is to remove it from where it is. However, they do this in only extreme situations.

In Queensland, all complaints about animal welfare incidents are given a priority rating (critical, major, secondary or minor) according to the type and severity of the animal welfare issue.

These ratings allow inspectors and complaints coordinators to prioritise action and resources so that the most severe problems are addressed first.

In Queensland, all animal welfare complaints are generally validated by obtaining the name, address and phone number of the person making the complaint (the complainant). The investigating inspector or officer will often need to contact the complainant to verify or clarify facts, and determine a course of action.

Where possible, personal information provided by the complainant remains confidential. However, if required by law in certain circumstances (for example, if a matter goes to court and is defended or the Right To Information Act 2009 is applied) it may require the disclosure of the complainants' details. This is outside the control of Biosecurity Queensland and RSPCA.

Feedback to complainants

Feedback to complainants is usually only provided when requested. In these instances, the complaints coordinator will provide only general feedback to the complainant.

Due to privacy and legal considerations a complainant cannot be given specific outcomes of an investigation, but the compliance coordinator can tell them if the complaint has been investigated and if no offence has been detected.

Anonymous complaints

Under the accountability requirements of the Animal Care and Protection Act 2001, inspectors must have reasonable grounds before they can enter private property to investigate a complaint. This includes getting credible details on the source of the complaint.

However, even if the complaint is made anonymously it may still be forwarded to an inspector to assess the need for action. The inspector will take action only if they believe there is a strong reason to do so.

Vexatious or hoax complaints

On investigation, an inspector may find a complaint to be unsubstantiated. If this is due to a complainant's lack of knowledge, the inspector may contact the complainant and advise that no offence was identified under the Animal Care and Protection Act 2001.

Under the Act, it is an offence to give an inspector false and misleading information. If an inspector finds that a complaint is unsubstantiated and the intention of the complaint is clearly vexatious or malicious, they will consider appropriate action.

The Animal Care and Protection Act 2001 has a broad range of enforcement powers to allow inspectors to investigate and enforce compliance with the Act.

However, the Act also has strict accountability mechanisms to protect the rights of individuals who may be the subject of a complaint, and ensure investigations are fair and objective.

The following mechanisms protect the rights of individuals.

Due process procedures

Inspectors must follow a range of due process procedures, including:

• completing compulsory training and maintaining their expertise to ensure they act appropriately and accountably
• displaying an identity card to confirm their identity and appointment as an inspector
• explaining the purpose of their entry to the premises and their right of entry
• providing receipts for any animals or items seized
• providing information notices to explain both the reasons for any major decisions and a person's right to a review of these decisions
• following approved procedures in enforcing the Act and delivering animal welfare services.

Reporting requirements

All complaints about animal welfare incidents are routinely registered, actioned and reported as part of the procedural requirements in administering the Act.

Biosecurity Queensland and the RSPCA record complaints and the outcomes of investigations to meet these administrative requirements and provide relevant information for any subsequent investigations.

All these records and reports are subject to audit.

The Act also gives the chief executive of the Department of Primary Industries authority to require a Biosecurity Queensland or an RSPCA inspector to provide information about the performance of their duties or exercise of their powers under the Act.

The RSPCA must also provide regular reports to Biosecurity Queensland management on activities undertaken in enforcing the Act.

Rights to review or appeal decisions

Under the Act, affected parties can seek review of or appeal decisions made by inspectors.

Inspectors are required to inform people of their review or appeal rights. All relevant forms have information notices that outline the process for applying for a decision review.

Firstly, the affected party must apply to the chief executive of the Department of Primary Industries for a review of the decision, using the approved application form (PDF, 140KB). The completed review application can be emailed to ACPAenquiry@dpi.qld.gov.au or mailed to the Chief Executive at the address on the form.

After this, the affected party can appeal the decision to the Magistrates Court (seizure and forfeiture decisions) or the Queensland Civil and Administrative Tribunal (for other decisions).

Applying for a review does not suspend the original decision. However, an affected party may also apply for a stay of operation for the decision while the decision is being reviewed.