It has come to my attention that there has been some misleading discussion on social media, where the Board was called upon to respond regarding: DOGS NSW Regulations Part 1 – The Register and Registration, clause 2.15; which permits DOGS NSW to defer its processing of any transaction concerning a dog or Prefix, owned or part owned by a Member, who is the subject of an Inquiry or investigation, that is instituted or carried out pursuant to the Regulations, or who is a Defendant in any Court proceedings which relates to the keeping of animals.
Importantly, the Board, upon the application of a Member affected by deferral, may grant dispensation from Clause 2.15 to enable affected transactions to be processed. In fact, the majority of applications for dispensation are granted, exceptions can be in cases of accusations of serious animal cruelty or application for wholesale transfer of dogs to another member. The Regulation is to prevent persons, who are the subject of investigation or proceedings, from transferring the bulk of their animals to others to circumvent their perceived risk of being suspended, so as to render any penalty inconsequential.
Further, accusations were made that the process of determination by the Dispute Assessment Panel is unfair, in that the initial complaint is not made available to a Member, who is the subject of the complaint, until the Dispute Assessment Panel has determined as to whether or not the matter should proceed to Inquiry. A significant number of matters do not proceed to Inquiry and for that reason it is preferrable that such matters are concluded as quickly as possible without inflaming matters.
It was argued that the principle of the “presumption of innocence” should be applied. The presumption of innocence, applies in respect of accusations of criminal conduct, but notably defendants often find themselves remanded, subject to bail, or various other restrictions. The principle does not apply to disciplinary matters in non-statutory domestic Tribunals.
Further, complaints were made that the Dispute Assessment Panel is an autonomous standalone Committee comprised of three people who it is said “do not answer to the Board of Directors”. This is incorrect. Whilst the panel is independent and may not be influenced by the Board, the Board nevertheless retains oversight and has the power, at all times, to deal with any matter or thing relevant to discipline. The Panel does have the power to constitute Committees of Inquiry and is independent and is empowered to make recommendations to the Board.
The moral to the story is: Members should source information from [email protected]. You cannot believe everything you read on social media, particularly when posted anonymously. I trust this clarifies the matter. Thank you to the DOGS NSW Honorary Solicitor, Malcolm McDonald, for his assistance in drafting this advice.
On a more positive note, our premier show for the year, The Royal Canin International Spring Fair is fast approaching. Commencing on the first day of Spring, the event features a stellar panel of International Judges from around the Globe including Canada, Italy, Sweden, USA, Philippines and Austria. The Chair of the DOGS NSW Spring Fair Dog Show Committee, Christina Rafton informs me, this year, The Spring Fair Dog Show Committee is producing a hard copy ‘coffee table’ quality bound Catalogue for $20, using high GSM paper, with a full pictorial history of The Spring Fair Best in Show winners from 1975. Full page advertisements are also available at a flat rate of $50 for A4 size.
Just for fun an “Opera Bar” with free Margaritas will feature for all around lunch time, along with a traditional BBQ & drinks daily, prior to General Specials. The raffle this year is gearing up to be a blockbuster, as well as lucky exhibitor prizes daily; the only condition to win, being that you must be on the grounds at General Specials.
More information is available at the Spring Fair Facebook Group Page with the full schedule in the July Journal and entries available on Show Manager.
King Regards
Lynette Brown
Chairman, DOGS NSW