Ultra vires, meaning: Warringah drop dog poo on our Federal Constitution

Manly Daily Article ~~ Barking Mad Media Release (delayed, went sailing & have a Newcastle event Sunday) ~~ Ultra vires definition
Wow, this is hard. How do I explain to you why this lower court judgment favouring Warringah Council is but a drop of water in a bucket, on the wrong field, on the wrong issue? (Trying not to use military analogies...). How do I explain it is yet another example of small-government-syndrome which implies a right to act independently of the principles of our federation?

How to I explain to anyone new to Barking Mad that we are not about dogs or pets, but about our access as pet-owners to a fair-share of public and living space? (Or how CUTE that photo of Pema is...)

And, how do I explain our federal Constitution? (Big sigh). Or how our signing of an international treaty, in this case the International Covenant on Civil and Political Rights (ICCPR) gives regulatory power to the Federal government OVER State government, when generally, our Constitution is prohibited from such power?

Attempt #1:

• When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. (Section 109 Inconsistency of laws).
• So, let's take that as an admission that this inconsistency can and does exist. When it does, it's not OK for Warringah Council to act beyond the power of their authority.
• Because, as stated in the first point, the Commonwealth law prevails.

What is this Commonwealth law that we accuse Warringah Council of shitting upon? In addition to our implied right to political expression, we have ratified the International Covenant on Civil and Political Rights (ICCPR), which includes Article 21:

The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.

Well, our assembly never interfered with these conditions, nor did Warringah argue that we did. (Probably because they don't see Constitutional law applicable to their small-government-syndrome).

In summary we won. After 18 months of winning cases assisting our members in 'baby courts', we finally have one we can appeal to a jurisdiction that sets precedent. As this is a constitutional issue, we are looking at our options in the higher courts. NOW WE ARE BARKING UP THE RIGHT TREE. Thank you Warringah. We are THRILLED you read our website and blog and look forward to working with you from the same side of the table.

(PS: Our newly elected Warringah Councillors will table a Notice of Motion for equitable access to off leash walking areas and beaches at the first meeting of Council in late October.)

Dog is my witness

A dog nicknamed Scooby has become the first animal in the world to appear as a witness in a murder trial. The animal is believed to have been with his 59-year-old owner when she was found hanging from the ceiling of her Paris flat. (source: Ananova.com, image doglaw)

Police believe it was suicide but her family demanded a murder investigation. During a preliminary hearing the pet was led into the witness box by a vet to see how it reacted to a suspect. It is said to have "barked furiously". The aim was to decide if there was sufficient evidence to launch a full murder inquiry. The judge praised the animal for his "exemplary behaviour and invaluable assistance".

This is no surprise for many of us pet owners; we know they are excellent judges of character and they don't need 400 years of legal texts to make their decision!

Beach Dog

Need some fun - too much lobbying with NSW Local Government Elections, change in NSW State Ministry, WA change of government and new Federal Opposition. LET'S GO WALKIES.

The purpose of the proposed assembly:

• Call attention to the requirement of Newcastle Council by way of the Local Government Act to provide adequate, equitable and appropriate services to the community, and that dog-friendly beach access for 40% of ratepayers with dogs is a service that is not now being adequately provided.
• Promote the integration of responsible dog owners in society.
• Demonstrate the health and fitness aspects of exercising on beaches for humans and supervised dogs.
• Call attention to the hierarchy of governance, Local Government’s lack of a Crown to govern in its own right.
• Promote peaceful political expression as an implied right in the constitution.
• Invite Newcastle Council to respect this constitutional right without the need to undermine it by touting council by-laws.

Assembly invitations, details and conditions here.

The 12th leader of the Liberal Party

Since Barking Mad started, our members urged us to contact Malcolm Turnbull for support. We have engaged in repeated contact with Mr. Turnbull, on the federal election, the 2020 Summit, ageing and climate change and the need for public transport and other campaigns. Despite an impromptu meeting face-to-face at Bronte with that silly dog-line, we have yet to receive any response from the man who is now the 12th elected leader of the Liberal Party. Malcolm is known amongst dog owners for his Dog Blog.

Mr. Turnbull: It is time now for you to walk your talk, as well as well as you walk your dogs. We wrote the new leader today:

Will you support federal guidelines to make public transport accessible for the 65% of Australians with pets? We have a draft policy based on the current policy in London. We have national RSPCA support.

We have contacted you numerous times since our work on the dog line, the federal election and the 2020 summit. Please, we request that you walk your talk, not just the dogs. We look forward to working with you. Pets are a health, ageing, public safety and climate change issue. Please contact Barking Mad Equity for Pet Owners.

Life as a Dog or a Lobbyist?

OK, lots of members were not aware of the NSW local government elections. Lots of folks in NSW were not aware of the WA election, or that WA is now the work-horse of our economy. Liberals, Nationals, Labor, Greens and Independents - yes, it can be a bit much when day to day life of family and meals on the table is paramount. However, as a lobbyist representing the 4 million or so responsible pet owners, in addition to our agenda of a fair-share of public space, public transport, strata, renting and holiday accommodation, this is what we've got on the agenda:

• Change of government in WA, with the Nationals holding the balance of power. We are lobbying the Nats in the belief that they more than any other party will recognise the economic importance of the dog to our communities.
• Change of leadership and cabinet in NSW government - so we start again with the new ministers relevant to our agenda (ageing, police, health, local government, etc.).
• Change of leadership in the Federal Opposition - to a professed dog lover. Time to walk more than the dog! Plus, an impending change in his ministry.
• Working with newly election Local Government councillors in about 35 councils in NSW where we have pet issues affecting members.

All this work? THAT'S WHY BARKING MAD IS OFFERING FREE BEACH-SIDE ACCOMMODATION IN EXCHANGE FOR ADMINISTRATION WORK! If you would like to spend two weeks or more in the bush next to a dog & surf beach, please contact us urgently and provide details of your admin experience and skills!

Local Gov't Election ~ NSW

Barking Mad, represented by Eedra and Pema helped residents 'vote for their families and their dogs' in four NSW local government areas from 8am - 6pm on polling day. (We have members in 59 local governments in NSW). We offered our support to the candidates who acknowledged the importance of pets to our community well being.

A very exciting thing is happening! The political parties are starting to GET:

• that 42% of voters have dogs and 65% have pets
• that pet-owners are a demographic that have been un-represented excepting the 'guns, dogs and 4WD' lobby of the Shooters Party
• that the current laws are not acknowledging the importance of the pet industry that is worth $4.6 BILLION annually
• that pets are a positive contribution to health and aged care because they are really 24 x 7 health care workers to countless aged pensioners.

Barking Mad has been working hard for about 18 months, and our lobbying is starting to pay dividends. NSW councillors (set your cynicism aside) are starting to recognise that they have a statutory obligation to provide equitable services, including services to pet-owners by way of access to community resources such as beaches, parks and public transport.

Keen citizens with a view to influence policy by getting into local government recognise how easy it is to get the support of pet owners with sensible pet policies. The NSW local government campaign combined with the sudden WA State Election has provided responsible pet owners with a PAW into policy. We are over-joyed with the recognition our policies are receiving (and our push to get NSW Local Government to behave properly as per their requirement under the Local Government Act). These are exciting times. Please, do not miss your opportunity to make a difference. Support the lobby group for responsible pet owners with your $40 membership.

DETAILS: We have done well in this NSW Election. Final results are several days away due to preferences. (Simply clicking on our advertisers will support us financially.)

NSW local government ELECTION

We have surveyed and rated as many candidates as possible. We have recommendations on HOW TO VOTE for "our families, our dogs" in the following areas:

Coffs Harbour
Gosford
Manly
Mosman
North Sydney
Randwick
Sydney
Tweed
Waverley
Warringah

Have a look at our candidates and find out who is BEST IN SHOW, TOP DOG, IN TRAINING or JUST IN PUPPY SCHOOL.

WA Election Update

To the WA Nationals
Congratulations – Royalties For Regions
BARKING MAD ® –WILL THE NATIONALS SUPPORT OUR FAMILIES & OUR DOGS?

Congratulations are due to the WA Nationals for a strong policy in Royalties for Regions and for holding this policy as a baseline for negotiations to form a government. Well done!

Barking Mad is the national lobby group for responsible pet owners. We suspect the Nationals more than any other party would recognise the importance of the dog to our way of life, our community, families, livelihood and our safety.

• Dogs have played an important role in the welfare of our community and for companionship throughout the history of human settlement in Australia.
• Our European history is said to be off the sheep’s’ back - a history dependant on the working dog and the Aboriginal stockman as much as it was on the European farmer.
• Many of us know those sheep would not have been yarded without the dog; nor would the sow destroying the pastures providing feed to the cattle destined to be the city folks’ evening meal been brought down without a dog.

Both the Liberals and Labor have campaigned on a policy to increase public transport. Will this infrastructure be available to the 65% of voters with pets?

The Issue: Clean, well-behaved pets should be able to accompany their responsible owners on buses, coaches, ferries, trams and trains throughout Australia.

The Solution (London Style): You can travel with your dog or other inoffensive animal, unless there is a good reason for us to refuse it (such as if the animal seems dangerous or is likely to upset other customers).

“The RSPCA believes that dogs play an important part in the
lives of their owners and families. We would like dog owners to have the
opportunity to include their dog in activities which may involve travel on
public transport provided that the dog involved could deal with this sort of
situation and it could be managed in such as way so as to not impact on other
transport users.” RSPCA Australia

Australians have the highest rate of pet ownership in the world.
1. At least 40% of homes have a dog, a greater percentage than homes with children.
2. 20% of those homes have more than one dog.
3. The largest category of dog owner is a family with children.
4. Pet owners contribute $4.6 billion annually to the economy and this market is expanding rapidly.
5. Dogs are now more than the family pet; they are a family member.

Companion, assistance and working dogs are a positive contribution to:

• health (walking)
• mental health (socialisation and caring)
• ageing (safety and socialisation)
• safety in the home (an early warning system to intruders)
• public safety (police statistics show people out walking reduces incidents of street crime and those with dogs are less likely to be the victim of an assault)

Barking Mad asks the Nationals to use their position to ensure that responsible pet owners are not excluded from public transport, including new infrastructure, with their pet. We look forward to a positive response.

RSPCA Australia, Dogs, Climate Change & Public Transport

We contacted Western Australia RSPCA during the State Election Campaign to gain their support for pets travelling with their responsible guardians on public transport. As Labor was running a public transport campaign, we thought we better get in and make sure the 65% of us with pets are not left out of this infrastructure plan. Read our transport briefing paper here.

Due to some quick action from the WA RSPCA office (thank you!), we have achieved support from RSPCA AUSTRALIA as follows:

"The RSPCA believes that dogs play an important part in the lives of their owners and families. We would like dog owners to have the opportunity to include their dog in activities which may involve travel on public transport provided that the dog involved could deal with this sort of situation and it could be managed in such as way so as to not impact on other transport users."

We will continue to lobby the W.A. government, along with all other governments for a national policy allowing pets to travel with their responsible owners. We watch with interest as the National leader Brendon Grylls (and his beloved three-legged dog) looks to hold the balance of power.

Going to the Loo & our Federal Government

Do you know how your federal tax dollars are being spent? Hopefully, they are not being flushed down the toilet!

While Barking Mad was doing a search for human rights lawyers (reference the story about Warringah Council acting as though they have authority to over-ride State Laws and disrupt peaceful, legal and police-sanctioned protests), we came across this choice site, just by chance.

The National Public Toilet Map, a project of the National Continence Management Strategy

Western Australia Snap Election

A snap election has been called by the Labor Premier Alan Carpenter. (link to ABC summary).

We have written to party leaders, transport and environment/climate change ministers for both parties. We want a promise that voters with pets will be accommodated with access to public transport. (link to current Labor public transport promise).

Our question: Access to reliable and safe public transport is essential. As 65% of voters have a pet, what will you do to ensure that pet-owners' right to travel on public transport is established and maintained? (Note that with that right, responsible pet owners accept social responsibly as pet guardians and respectful members of a diverse community).

The Issue:
Clean, well-behaved pets should be able to accompany their responsible owners on buses, coaches, ferries, trams and trains throughout Australia.

The Solution – London Style

• You can travel with your dog or other inoffensive animal, unless there is a good reason for us to refuse it (such as if the animal seems dangerous or is likely to upset other customers).


• You must keep it under control on a lead or in a suitable container, and must not allow it on a seat.
  

No responses yet, but we've got our WA members on it, and will update you on this blog.

88% of disabilities are invisible

One out of five Australians has a disability. 40% of Australians have dogs. A dog trained to assist this person to alleviate the effect of the disability, or because of any matter related to that fact is an assistance animal. Invisible disability link.

A disability can be permanent, long term or short term. A DSM-IV diagnosis is useful if you have trained your own dog, or have obtained a trained dog that assists you. Invisible disabilities include depression, mood disorders such as bipolar, panic, agoraphobia, OCD and post traumatic stress as well as more socially accepted conditions such as epilepsy and diabetes. (You asked...alcohol abuse is a symptom of some of these conditions, but although it can be disabling, it is not a disability).

Notably, for our ageing population, bereavement from the loss of a life partner can become a disability.

Assistance animals come in all shapes and sizes. Does your dog assist you to function in life, or does it keep you from becoming a statistic? The disability laws in many countries are the only legislation legitimising what so many of us know, especially health care professionals; that is that pets are a benefit to our society and our well-being. Join Barking Mad as a member to find out more.

The death of Tyra Kuehne

Neglect is a word that comes to mind. Then again, I savour the idea of a safe community where our young ones can run around free without risk of crime; in a place where neighbours watch not for judgment and gossip, but for community. Tyra lived a long way from Sydney, a long way away from the source of mass media. I doubt that I am able to pass any judgment not having lived in a small rural centre with children; is any other capital-city dweller qualified to do so?

The media is a fickle lover. The headlines sell, the comments decide the verdict and, in this case, NSW Parliament reacted with a 'guilty before proven' regulation to declare dogs dangerous if they only appear threatening. That was 2006, when a four year old (allegedly) left unsupervised for several hours in a small town in sheep & cotton country NW of Dubbo (allegedly) climbed in an enclosure with several (alleged) pig dogs that she had (allegedly) known for years.

But now, in the first day of a coronial inquest into the child's death, one paper reported: A parent's supervision of a girl mauled to death by trained hunting dogs was "questionable," with the girl and her siblings allowed to roam the streets for extended periods, including at night.

• Will we find out that an unsupervised child taunted (i.e. played) with dogs with a hose and/or a dead chicken?
• Will we find out that fencing was not 'adequate'?
• Will we find out that everyone did what was right and responsible and this was an accident - an accident and like most, painful for those involved.

Our free membership.

Our free membership with survey has brought in many members, some of them actively participating. To an active member, I asked: Why don't they pay? (It's a lot less than a big bag of good dog chow and lasts longer). The response I got:

"They don't pay because they yet don't realise what Barking Mad is!!! They live in a take-your-dog to the beach paradise, and it hasn't entered their minds that they might go to the beach one day and find it covered in 'no dogs' or 'dogs must be on leash' signs (as happened recently just 1/2 hour away) and rangers hiding in the bushes, on a public holiday, waiting to pounce on people/dogs!!! They haven't read the whole Barking Mad site and haven't thought about discrimination of rentals to pet owners, or think it's something one must put up with."
To those folks who live where dogs are still welcome - enjoy; we hope it lasts.

And another view: lots of good people who volunteer struggle financially, lots of good people who have terrible health problems depend on their pet for companionship and joy. Our free membership makes sure we can include these passionate people in our pack.

VOTE: for our families, our dogs

The NSW Local Government Election is on. We are contacting all candidates and creating a scorecard. Click here for our service to you - the responsible pet owner.

1. Given that about 40% of households own a dog, and given that the Local Government Act requires councils to equitably supply services, will you use your vote in council to make about 40% of parks, beaches and other recreation areas open to free use by dog owners and their dogs?
2. Through council, will you urge the State government to allow pet owners in need of public transport to use buses, trains and ferries with their pet?
3. Do you agree that responsible tenants should have more legal protection against discrimination by landlords on the grounds of pet ownership. Victoria has such legislation.
4. What will you do to ensure that responsible pet owners are represented at council and are given equitable access to community resources?

Name our Party

Should we form a political party? Currently, responsible pet-owners are unrepresented. The Shooters look after the 'guns, dogs & 4WD' folks, but who represents us? Some food for thought on forming a party.

Tools to get us ahead:

• Disillusionment with the current political landscape
• A dream for the future, howevery flimsy
• A catchy grab to sum up you dream for the future
• Too much time
• A knack for avoiding questions
• A scapegoat
• Our very own trumpet

OK - SUGGEST A NAME FOR OUR PARTY.

Thanks to Sian White for this post.

Poo News You Should Know

Do you believe every sign? Do you comply with every direction from someone who thinks they have authority? Is your pet important enough to you to question the proliferation of people stating 'no dogs allowed'? Are you sick and tired of being unwelcome because of your companion dog? I am! And I am grateful when facts support our work. I urge everyone to read this recent report. (html version)

REALLY REALLY STUPID

We were alerted to this farce on an Australian government website. Our comments follow, and we are taking this up with the publisher as a matter of urgency. With this sort of STUPID stuff being printed by our government,what hope is there for people who apply logical thought and use evidence-based facts?

Native animals see dogs as predators. The lasting scent left by dogs can easily scare small animals and birds away from their homes, often causing them to leave their young unprotected. Any evidence of dog scent affecting wildlife is overshadowed by that of humans, foxes and feral cats. Birds normally leave their young to get food; the nest is protection!

• Dog faeces carry diseases which can be harmful to wildlife and people, and also add nutrients to the soil, increasing the spread of weeds. Birds carry weed seeds, not dogs! Dog poo is blessed by Australia's climate. The minute pathological risk from poo is almost non-existent due to our hot and dry. Reference
  

If dogs and other domestic pets have frightened native animals away from popular visitor areas, there will be no wildlife for other visitors to see. Is this honestly a claim that native animals are comfortable around PEOPLE , just not their dogs? Such non-sense is frightening. Popular visitor areas are typically overrun by ferals such as Indian Myna birds and Ibis.

• Dogs can interfere with the enjoyment of other park visitors. At last, a true statement, but people who are loud or litter can interfere with other park visitors as well. How about sharing the space with all our families?

FACT: The massive number of feral animals that arrived in the first hundred years of European settlement have permanently and drastically altered the Australian environment, introduced disease, caused land degradation and are implicated in the extinction of most of the 27 mammals in NSW.

Today, feral animal and plants are the second greatest international and national threat to biodiversity after habitat destruction such as land clearing. In some parts of NSW feral species are now the greatest threat. (NPA NSW).

Dogs flogging products in the 19th century

Nipper was born in 1884 in Bristol, England and lived to 1895. He was named Nipper because he tried to bite visitors in the leg! (I once had a horse named Kicker - no guesses!)

Three years after Nipper's death Francis Barraud painted a picture of him listening intently to a wind-up Edison-Bell cylinder phonograph, because cylinder phonographs were capable of making home recordings. This picture shows Nipper listening to Nipper's previous owner, Francis's deceased brother, Mark. In 1899 the painting was bought by the Gramophone Company, which painted out the Edison-Bell machine and replaced it with one of theirs.

Technically, this was non-sense as gramophones were not capable of recording, but the public seemed not to have noticed this error, (oh the non-questioning public!) as this modified form became the successful trademark of Victor records, HMV music stores, and RCA.

Barking Mad comments: It's OK to use dogs to advertise homeware and media stores, new housing developments, banks and more - yet take pooch to these places and see if you are welcome. Our pets are not an advertising tool, they are part of our family.

Remembering David (my Dad)

Remembering David (his memorial as written by his mates in Niagara Falls, NY).

"It's been a good ride" said David Zey, Save-A-Pet volunteer, shortly before he passed away at The Niagara Hospice House on Monday, July 14th. You may remember him from Pick-A-Pet Shows, fund-raisers, or spay/neuter clinics. He was at all of them. He would help in any way he could but you will probably remember him as our unofficial greeter with an infectious smile and outgoing personality.

David was an indispensable volunteer although he would deny it. As much as we would love to, David understood that we could not save all the animals. He refused to be discouraged and did what he could which lifted our spirits when we were frustrated. Try to thank David and he would modestly say "We choose to do this."

"I can carry boxes," he would say. He helped with so much of the hands on, grunt work necessary for any successful event. Save-A-Pet President Chris Halvorson described him as "a modest person who consistently UNDER estimated his impact on out group."

We love David not only for what he did for the animals and us but for who he was- compassionate about animals and passionate about irresponsible people. He has left a huge hole in our organization but more of an empty place in our hearts. We will remember you, David. Thank you. We love you and thanks for letting us come along on your ride.

(David's daughter, Eedra, lives in Australia. Visit her website http://www.barking-mad.com.au/ to read her tribute to her Dad.

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Eedra's comments: As my Dad was intolerant of irresponsible people, so too I. I choose a slightly different approach that is supporting the responsible pet owners instead of cleaning up after those we are intolerant of. Fortunately, these are the majority in our Lucky Country. Responsible pet owners need to be allowed to live a 'normal' life with their pets, such as having access to beaches, parks, cafes and transport. Let those keen rangers go after the idiots, not us. I ask everyone who is involved in pet rescue to join Barking Mad so that we can limit pet surrenders by making pet ownership more welcome in our communities