QLD Forced to Register Indoor Only Cat by Council Officer - Legal?

[Fermented Freedoms]

We have a de-sexed, micro-chipped, pure-bred indoor only cat. If we were to let our cat outside it's a death sentence via paralysis ticks (guaranteed), pythons or birds of prey (less likely).

A Sunshine Coast council officer entered our rural property without invitation, stared into our home windows, and harassed and inflicted fear and psychological trauma in my young daughters. Through his devious act, he observed through the window, our indoor only cat laying on a couch.

We have now been issued with a demand to register the cat with the council.

As far as I see it, our cat is private property, and is not a nuisance nor will it ever be as it's 100% confined indoors, and this act by a council officer is despicable and illegal.

Is there any law to back me up?

Or are we really living in a new era of Gestapo-like diminishing freedoms and fear of the nanny-state...

Furthermore, does animal registration relinquish private ownership of the animal to the council?

 

[Rod]

1. Is there any law to back me up?

2. Or are we really living in a new era of Gestapo-like diminishing freedoms and fear of the nanny-state...

3. Furthermore, does animal registration relinquish private ownership of the animal to the council?

1. Unlikely. Check your council by laws (local laws)
2. Yes, not limited to Qld, though Qld does seem to be worse in many respects.
3. No. Although they will undoubtedly have rights to remove animals under certain conditions.

Indoor cat or outdoor cat, suspect it makes no difference. Council workers do have the ability to enter onto property. How far they go depends on QLD laws. I don't know what rights council workers have in QLD.

 

[Rob Legat - SBPL]

What Rod said, plus have a look at the Sunshine Coast Council website: General Registration Information

It clearly states that cats must be registered.

And yes, Queensland is colloquially known as a 'nanny state'.

 

[Fermented Freedoms]

Thank you for your replies.

My question is not whether someone can quote council law, my question is whether or not these "by laws" are in fact legal based on the founding principals of our legal system. Is there no such thing as property law or basic rights? When did a cat become a controlled substance.

FYI, Honestly, I don't care about the meager fees involved, this is about the ethics of state invasion into private life. I understand councils have "laws". But by what right do they have to enforce their ideologies...

 

[Gorodetsky]

Hi fermented freedoms,
Yes, local council bylaws are "legal".

If you can find some law or principle which overrules the bylaw, perhaps you could challenge it. I think the chances of that are very slim.

You should take this up with your elected representatives. Perhaps form a cat owners group and lobby for better laws.

Regards
Gorodetsky

 

[Rod]

my question is whether or not these "by laws" are in fact legal based on the founding principals of our legal system.

Yes. By-laws are delegated legislation 'rules' and as long as the rules stay within the delegated powers of the council (eg Councils can't make people pay income tax to the council, however they can make rules around the control of animals) the laws are valid and can be enforced.

Few of our rights come without restrictions of some kind. The ability to exclude people from our land is limited by law. Utility providers and councils have the ability to enter onto private land and not be deemed trespassers though there are limits as what they can do when on private land.

 

[Rob Legat - SBPL]

To give you the quick overview of the way things work:

- In our system it is the states which contained most of the power from the outset. They joined together to form the federation of states, and granted the federal government its areas of power - as set out in the constitution. That's why the federal government only governs certain areas. Unfortunately for the states, the federal government got the mandate on some extremely important areas like interstate and international trade, and taxation. So while they don't have absolute power over everything, they are able to pull the strings.

- Whatever isn't given to the federal government, is left to each individual state to control. Relevantly, in Queensland, there is the Local Government Act which is the primary legislation by which local government councils are created. So, they have power to do what they do (including setting local laws and regulations) by permission of the state government.

- Councils are only able to set laws about particular things. Animal registration and control is simply one of those things.

- With any government setting any laws in Australia, this is where the representational system of government comes into play. Our elected representatives vote on and determine the laws for the society we live in - and therefore the laws that are enacted are supposed to represent the wishes of the majority of the population. That is incredibly simplified, and ignores a lot of exceptions and qualifications, but this is a huge topic that fills much more than a simple internet posting.

So, to boil it down to the simple steps:

1. We all vote for the government.

2. The government is empowered by the people to make rules for the governing of society.

3. Those rules are supposed to represent the wishes of the prevailing majority. It is recognised that some laws will disadvantage the minority, but these are to be balanced out against the overall public interest.

4. It doesn't always work that way, but it's the system we've got.

5. Under the law, certain things are property (including pets) and the government can impose laws to govern the way in which these are dealt with.

Fun fact: I found out on Friday that a deceased person is not property, and no one has ownership of it (at least in Queensland). However, once some form of legally allowed process is applied to it, such as embalming or cremation, the result is property; and can be owned and dealt with.

 

[Tim W]

I agree with @Rob Legat - SBPL.

Let me bottom-line this for you.

• Yes, you have to register the cat.
• And yes, once registered, it remains your cat;
• Yes, a person can enter land to state (or attempt to state) their business with you
  (which can include advising you of obligations of which you may be unaware,
  such as the need to register a companion animal);
• Yes, the Council's legislative powers are legitimate;
• Your concerns about living in a gestapo-like nanny state
  are ill founded and irrational. Loosen your tin foil hat.