Prosecutions and Penalty outcomes under POCTAA for 2014 to 2018

Dr Michael Cole made this Freedom of Information request to RSPCA Victoria

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was successful.

Dr Michael Cole

Dear RSPCA Victoria,

Please may I obtain the statistics for: number of individual prosecutions, average fine across all fines that year, total prison terms imposed, average prison term imposed, and average days spent in prison;
for: 2014-2015, 2015-2016, 2016-2017, and 2017-2018;
for Victoria under the POCTAA.

This is for an update on the 'Magistrates’ and Law Enforcement Officers’ Guidebook on Animal Cruelty Offences in Victoria' guidebook last published and updated by Lawyers for Animals, Victoria in 2015. The purpose of the guidebook is to draw the attention of officers of the law to community expectations and Parliament's intentions with regard to animal cruelty.

RSPCA Victoria kindly last provided these statistics up to 2014 for the 2015 publication.

I have been authorised by Lawyers for Animals to obtain these statistics and to update the guidebook. I agree to pay for the reasonable charges in providing the information.

Thank you very much for all you do.

Yours faithfully,

Dr Michael Cole FRACP

Governance, RSPCA Victoria

2 Attachments

Dear Dr Cole,

 

Thank you for your email. Before we proceed I have a few clarifications:  

 

 1. In regards to the request for average days spent in prison, we can not
provide this as we are not privy to release dates. I presume you still
wish to proceed with the rest of the request.   

 

 2. Timeframes: do you have a ‘hard date’ you require this information by?
I am waiting to hear from our Prosecutions team as to how long it
might take to gather this information. The FOI Act states 30 days for
RSPCA to respond to an FOI request unless otherwise agreed with the
applicant. If compiling this information is a voluminous request we
would appreciate your flexibility on timeframes if possible.

 

Once I have further details on the time required to complete this request
I can provide you with an estimate of access charges. In the meantime
please find attached our FOI Application Form. Would you please be so kind
as to complete this and return to me?  Please note that an FOI request
must come from a natural person not a company, so please complete the form
as an individual.

 

If you have any questions in the meantime please do not hesitate to
contact me.

 

Warm regards,
Leah  

 

Leah Marshall

Governance & Compliance Officer

[1]cid:image001.jpg@01CF1D08.9742B930

3 Burwood Hwy, Burwood East VIC 3151 | W: [2]www.rspcavic.org

P: 03 9224 2220 | F: 03 9012 4266 | E: [3][email address]

 

-----Original Message-----
From: Dr Michael Cole <[FOI #4687 email]>
Sent: Monday, 9 July 2018 12:59 PM
To: Governance <[email address]>
Subject: Freedom of Information request - Prosecutions and Penalty
outcomes under POCTAA for 2014 to 2018

 

Dear RSPCA Victoria,

 

Please may I obtain the statistics for: number of individual prosecutions,
average fine across all fines that year, total prison terms imposed,
average prison term imposed, and average days spent in prison;

for: 2014-2015, 2015-2016, 2016-2017, and 2017-2018; for Victoria under
the POCTAA.

 

This is for an update on the 'Magistrates’ and Law Enforcement Officers’
Guidebook on Animal Cruelty Offences in Victoria' guidebook last published
and updated by Lawyers for Animals, Victoria in 2015. The purpose of the
guidebook is to draw the attention of officers of the law to community
expectations and Parliament's intentions with regard to animal cruelty.

 

RSPCA Victoria kindly last provided these statistics up to 2014 for the
2015 publication.

 

I have been authorised by Lawyers for Animals to obtain these statistics
and to update the guidebook. I agree to pay for the reasonable charges in
providing the information.

 

Thank you very much for all you do.

 

Yours faithfully,

 

Dr Michael Cole FRACP

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[4][FOI #4687 email]

 

Is [5][RSPCA Victoria request email] the wrong address for Freedom of Information
requests to RSPCA Victoria? If so, please contact us using this form:

[6]https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[7]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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This e-mail may contain confidential material. If you were not the
intended recipient, please notify the sender and delete all copies. You
must not copy, use or disclose any information contained in this e-mail or
in any attachment without our consent. If you are not the intended
recipient, please notify the RSPCA (Victoria) immediately by telephone,
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of use and absolves the sender of all responsibility for any consequence
of its use.

RSPCA (Victoria)
3 Burwood Highway
Burwood East
VIC 3151 
P: 9224 2222
[9]www.rspcavic.org

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Dr Michael Cole left an annotation ()

Printed application sent by email as requested.

Dr Michael Cole left an annotation ()

This request is now long overdue. Is there any progress? Michael Cole

Dr Michael Cole

Dear Governance,

Re: Prosecutions and Penalty outcomes under POCTAA for 2014 to 2018.

Extra time was required to answer this request which is currently overdue. I wonder if you have any information regarding the timing of your reponse, please?

Kindest regards,

Dr Michael Cole

Governance, RSPCA Victoria

3 Attachments

  • Attachment

    image001.jpg

    17K Download

  • Attachment

    FW Freedom of Information request Prosecutions and Penalty outcomes under POCTAA for 2014 to 2018.html

    24K Download

  • Attachment

    Prosecution Spreadsheet 2010 2014 Edited for Release SW 3 Sept 14.xls

    243K Download View as HTML

Dear Dr Cole,

 

Thank you for your follow up email.

 

I refer to the attached email trial with emails from myself on the 12th
and 19th of July offering to provide this information outside of the FOI
process, to which a response was never received. Unfortunately therefore
we have not proceeded with gathering this information.

 

The FOI Act does encourage agencies to release information outside of the
FOI process wherever possible, and RSPCA is happy to provide this to you.
You will also note comments from me that highlight some issues with this
information previously being provided via FOI, as it did not strictly
adhere to the process.

 

If you could please address the questions in the attached email form the
12th of July we can then begin gathering this information, or you are
welcome to call me in the detail in my email signature to discuss further.

 

Warm regards,

 

Leah Marshall

Governance & Compliance Officer

[1]cid:image001.jpg@01CF1D08.9742B930

3 Burwood Hwy, Burwood East VIC 3151 | W: [2]www.rspcavic.org

P: 03 9224 2220 | F: 03 9012 4266 | E: [3][email address]

 

-----Original Message-----
From: Dr Michael Cole <[FOI #4687 email]>
Sent: Friday, 19 October 2018 2:43 PM
To: Governance <[email address]>
Subject: RE: Freedom of Information request - Prosecutions and Penalty
outcomes under POCTAA for 2014 to 2018

 

Dear Governance,

 

Re:  Prosecutions and Penalty outcomes under POCTAA for 2014 to 2018.

 

Extra time was required to answer this request which is currently overdue.
I wonder if you have any information regarding the timing of your reponse,
please?

 

Kindest regards,

 

Dr Michael Cole

 

-----Original Message-----

 

Dear Dr Cole,

 

 

 

Thank you for your email. Before we proceed I have a few clarifications:  

 

 

 

 1. In regards to the request for average days spent in prison, we can
not  provide this as we are not privy to release dates. I presume you
still  wish to proceed with the rest of the request.   

 

 

 

 2. Timeframes: do you have a ‘hard date’ you require this information by?

I am waiting to hear from our Prosecutions team as to how long it  might
take to gather this information. The FOI Act states 30 days for  RSPCA to
respond to an FOI request unless otherwise agreed with the  applicant. If
compiling this information is a voluminous request we  would appreciate
your flexibility on timeframes if possible.

 

 

 

Once I have further details on the time required to complete this request 
I can provide you with an estimate of access charges. In the meantime 
please find attached our FOI Application Form. Would you please be so
kind  as to complete this and return to me?  Please note that an FOI
request  must come from a natural person not a company, so please complete
the form  as an individual.

 

 

 

If you have any questions in the meantime please do not hesitate to 
contact me.

 

 

 

Warm regards,

Leah  

 

 

 

Leah Marshall

 

Governance & Compliance Officer

 

[1][4]cid:image001.jpg@01CF1D08.9742B930

 

3 Burwood Hwy, Burwood East VIC 3151 | W: [2][5]www.rspcavic.org

 

P: 03 9224 2220 | F: 03 9012 4266 | E: [3][email address]

 

 

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[6][FOI #4687 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[7]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

[8]RSPCA Email Footer Img

--------------------------------------------------------------------------

This e-mail may contain confidential material. If you were not the
intended recipient, please notify the sender and delete all copies. You
must not copy, use or disclose any information contained in this e-mail or
in any attachment without our consent. If you are not the intended
recipient, please notify the RSPCA (Victoria) immediately by telephone,
fax or return e-mail and delete the message and any attachments. Any views
expressed in this message are those of the individual sender, except where
the sender expressly, and with authority, states them to be the views of
"The Royal Society for the Prevention of Cruelty to Animals (Victoria)".
RSPCA respects your privacy. When using e-mail to communicate with the
RSPCA (Victoria) please be aware that all information contained in your
e-mail is stored on our server and backed up with our business records.
Access to that information by RSPCA (Victoria) personnel is strictly
limited and controlled. The sender can not guarantee that this e-mail and
attachments, if any, is free of computer viruses or other conditions which
may damage or interfere with data, hardware or software with which it
might be used. It is sent in good faith and the recipient assumes all risk
of use and absolves the sender of all responsibility for any consequence
of its use.

RSPCA (Victoria)
3 Burwood Highway
Burwood East
VIC 3151 
P: 9224 2222
[9]www.rspcavic.org

--------------------------------------------------------------------------

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Dr Michael Cole

Dear Governance,

The information you requested has been provided and clarified. Thank you. We look forward to the data.

Kindest regards,

Dr Michael Cole

Dr Michael Cole

Dear Governance,

Thank you for kindly supplying the data requested without the need to proceed under the Act.

Yours sincerely,

Dr Michael Cole